National Green Tribunal
John Weslay vs State Level Environment Impact ... on 27 February, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.4:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 208 of 2017 (SZ)
&
I.A. No. 15 of 2019 (SZ)
IN THE MATTER OF:
John Weslay and others.
...Applicant(s)
With
State Level Environment Impact
Assessment Authority, Chennai, Rep
By its Director and Member Secretary
And others.
...Respondent(s)
Date of hearing: 27.02.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. V. Aishwarya
For Respondent(s): Mr. Syed Nurullah Sheriff for R1
Mr. Abdul Saleem, Mr. S. Saravanan
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& M/s M. Akshayaa for R2 & R3.
Mr. S.N. Parthasarathy for R4.
Mr. P. Srinivas for R5 and R6.
ORDER
1. The grievance in this application is regarding the illegal dumping of domestic waste at Venkatamangalam by establishing integrated Municipal Solid Waste Management Facility by the fourth respondent.
2. This Tribunal had considered the allegations in the petition and the contention of the respondents and various reports filed by the Tamil Nadu Pollution Control Board and passed the following order on 16.12.2019.
"Both the counsel appearing for Tamil Nadu Pollution Control Board as well as the municipalities were not in a position state the quantity of legacy waste present in that area and what is the present status. Dumping of waste and non disposable of the same by the authorities will affect the environment and it will serious by affect air as well as water quality and health. There is a possibility of leachate being produced from the dumping yard and of it is not properly treated, it also will affect the soil and ground water quality as well, in turn affect the health of the people. There is a duty cast on the local authorities to dispose of the garbage collected in a scientific manner provided under the solid Waste Management Rules, 2016. This Tribunal in several other matters of like nature, has directed the local authorities to take necessary steps to 2 take dispose of the legacy waste that is being dumped in the dumping grounds in a scientific manner as provided under the clause J schedule (1) of 2016 rules that is by way of bio-mining. This Tribunal has also directed the local authorities to adopt the Indore/Ahmadabad/ Kumbakonam model disposal of legacy waste and dispose of the same in a scientific manner by adopting bio-mining. But in spite of such directions, none of the municipal authorities are following the same but they are trying adopt a circuits method of preparing DPR, calling for tenders for establishment of Waste Energy Plant. If the method adopts of Indore/Ahmadabad/Kumbakonam it will be not cost effective but also it is eco-friendly and this Tribunal has directed to adopt this in order to dispose the legacy waste. It is submitted by the respondents five and six that sanction has been accepted for establishing waste to energy plant. No effective method has been adopted by the municipalities to meet the situation so far. Considering the circumstances we direct the Pallavaram and Tambaram Municipality to undertake the bio-mining to clear the legacy waste that is being dumped and kept there without treatment by themselves by adopting the Indoor/Ahmadabad. Indoor Ahmadabad Kumbakonam model and dispose of the legacy waste in accordance with law, as provided under clause j schedule (1) 1 Solid Waste Management Rules, 2016 within a period of six months, The above two municipalities has directed to submit a performance guarantee of Rs. 50,00,000(Fifty Lakh ) each to the satisfaction of the Tamil Nadu Pollution Control Board within a period of one month.
The Tamil Nadu Pollution Control Board is directed to inspect the area in question, and assess the present 3 situation and also assess the environmental compensation, as the Respective District Collector as directed to inspect in a question and ascertain the present circumstances and also assess to be collected, on account of damage any caused to environment. They are also directed to collect water samples from the neighbouring areas and find out the quality of water and if there is any destoration water quality they are also directed to take necessary remedial measures for rectifying the same and recover the cost required for the same from the above municipalities and also the fourth respondent who has under taken the process of disposal of legacy waste as per the contract, by way of the concession contract, If the steps are not taken by the municipalities, as directed, then the amount of performance guarantee direct to be produced will be forfeited The Principal bench of National Green Tribunal, New Delhi had directed the Chief Secretary of the State and also the Principle of Secretary of the Urban / Municipal Development to supervise the process of implementation of the Solid Waste Management Rules, 2016 and take appropriate action against the official in discharging their duties in this regard. The Tamil Nadu Pollution Control Board as well as Chief Secretary of Tamil Nadu had directed to submit a report regarding the present status and the action taken for failure of the municipalities and complain with the rules in accordance with law within a period of three months. The corporation of municipalities as directly to submit the interim report regarding the action taken of the legacy waste by monthly for review this Tribunal regarding the progress. The above 4 authorities are directed to submit within a period of two months regarding the present status.
The joint committee is also directed to prepare an action plan for disposal of legacy waste with a shorter time line and also planting of bio-diversity park are creating buffer zone of the area in question. So as to protect environment for the committee as well as above authorities are directed to submit a report to this Tribunal within two months regarding the action taken by mail at [email protected].
If considering the circumstances we also direct the municipalities not to use this area for further dumping without making necessary arrangements for removal of a legacy waste and without adopting proper and scientific method of disposal segregation and disposal of the waste under rules. If the dumping still going on without proper process and against the rules. The Tamil Nadu Pollution Control Board is a liberty to take action in this regard.
For consideration of report post on 27.02.2020."
3. When the matter came up for hearing today, the learned counsel appearing for the sixth respondent submitted that the interim report has been filed as per directions of this Tribunal. We have perused the interim report submitted by the sixth respondent. They have already started the process of bio mining for which /DPR (Detailed Project Report) has been prepared by Anna University and they require Rs. 10.5 Crores for this purpose. 5
4. They also mentioned that in order to prevent further dumping of fresh dry waste, Pallavaram Municipality has prepared a detailed project report for establishment of dry waste incinerator of 100 MT per day capacity at a cost Rs.9.5 Crores for disposal of segregated waste from Pallavaram and Tambaram Municipalities and necessary approval for both have been sent to Government for sanctioning of funds.
5. As per the orders of the National Green Tribunal, the dumping of dry waste at this dump site was stopped and now new dry waste is being sent to Perungudi dump yard with necessary approval from Greater Chennai Corporation.
6. They also mentioned that the directions given by this National Green Tribunal to submit a performance Bank Guarantee of Rs.50,00,000 (Rupees fifty Lakhs Only) has already been deposited before the Tamil Nadu Pollution Control Board. They had already established micro compost centres to segregate and dispose of the wet waste that is being collected from these municipalities.
7. They sought permission from this Tribunal to process new dry waste to be generated by these municipalities in the existing plant at Venkatamangalam as a temporary measure till establishment of incinerator at Venkatamangalam as the existing shredder machine has already been repaired by spending Rs.24.50 Lakhs and it is in working condition.
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8. The learned counsel appearing for the State Environment Impact Assessment Authority (SEIAA) submitted that though environment clearance was granted for Waste Energy Plant, they are not complying with the conditions in the environmental clearance of submitting the progress report.
9. When this was pointed out, the counsel appearing for the Pallavaram Municipality submitted that they have given up the implementation of establishment of Waste Energy Plant for time being. They are going for bio mining and other known scientific methods to remove the legacy waste that is found in that dumping ground.
10. The Tamil Nadu Pollution Control Board had filed a report which reads as follows:-
"(4) It is respectfully submitted that the respondent unit of M/s. Integrated Municipal Solid Waste Processing Facility
- Pallavaram Municipality, S.F. No.16/1, 2, 3, Vengadamangalam Village, Chengalpattu Taluk, Kancheepuram District has obtained Consent to Operate under Water (P&CP) Act, 1974 as amended and Air (P&CP) Act, 1981 as amended vide Board Proceedings dated 29.05.2015 and subsequently the unit has obtained renewal of consent vide Board Proceedings dated 13.02.2018 valid upto 31.03.2018 for processing municipal solid waste generated from Pallavaram and Tambaram Municipalities.
(5) It is respectfully submitted that the unit has obtained Authorization under Solid Waste Management Rules, 2016 vide Board Proc. Dated 19.02.2018 valid up 7 to 31.03.2018 for operating the facility for processing, recycling, treatment and disposal of municipal solid wastes of 300 tonnes/day.
(6) It is respectfully submitted that the Commissioners of Pallavaram and Tambaram Municipalities were issued with the direction vide Board Proceeding dated 20.12.2019 under Section 5 of the Environmental (Protection) Act, 1986 as amended to comply with the following conditions:
(i) The municipalities shall comply with the provisions of Solid Waste Management Rules, 2016.
(ii) The Municipality shall comply out proper suggestion of solid waste.
(iii) The municipality shall furnish short and long term action plan for the effective and scientific management of solid waste management as per Solid Waste Management Rules, 2016 and remediation of the existing dumpsite.
(iv) The Municipalities shall establish decentralized facilities for processing of bio degradable wastes through the Micro Compost Centres (MCCs) / Compost Yards, bio methanation plant etc. and shall obtain Authorization under Solid Waste Management Rules, 2016.
(v) The municipality shall establish Material Recovery Facilities at suitable place so as to collect non -
biodegradable waste such as plastics, glasses, paper etc. and hand over the same to suitable recyclers and end users.
(vi) The municipality shall ensure that the waste generated by the bulk waste generators such as hotels, 8 restaurants, apartments, gated communities & institutions (>5000 Sq.m) shall process, treat and dispose biodegradable waste through composting or bio - methanation within their premises and the residual waste shall be sent to the suitable recyclers.
(7) It is respectfully submitted that, as per Hon'bel NGT order dated 16.12.2019, the Integrated Municipal Solid Waste Processing Facility was inspected by the District Collector along with the facilities of Tambaram and Pallavaram Municipalities and District Environmental Engineer, Tamil Nadu Pollution Control Board, Maraimalainagar on 13.01.2020 and the following observations were made:-
a) No fresh municipal solid wastes are dumped at the site.
b) The refuse derived fuel facility was not in operational condition and the composting of bio degradable waste was not carried out at the site.
c) Unsegregated solid waste from Tambaram and Pallavaram municipalities were found dumped in a haphazard manner in an unscientific way in the said site.
d) The ETP provided in the premises was not in operation
e) The unit has not complied with the directions issued by the Board vide proceedings dated 01.08.2019.
f) The ground water samples were collected in and around the said facility along with the petitioner Thiru John Wesley on 25.01.2020 and submitted the samples for analysis at 9 DEL, Maraimalainagar. The ROA of the ground water samples is awaited.
g) Also, it was ascertained that the municipal solid wastes generated from the Tambaram and Pallavaram Municipalities are being dumped at Perungudi dump site at present and also the Tambaram and Pallavaram municipalities have submitted the performance guarantee of Rs.50,00,000/- (Rs. Fifty Lakhs) each to the Board as directed by the Hon'ble NGT in its Order dated 16.12.2019. Further, the said municipalities have not submitted any proposal for bio mining of the legacy wastes dumped in the said site.
(8) It is respectfully submitted that the Tambaram and Pallavaram Municipalities have not complied to the Board's direction issued to them vide Board proceedings dated 20.12.2019 during inspection on 11.02.2020 by the DEE, TNPCB, MM Nagar. Hence, the Board decided to levy Environmental Compensation to the Pallavaram Municipality, based on the CPCB guidelines for assessing environmental compensation for improper management of solid waste in compliance with orders of the Hon'ble NGT (PB) in O.A. No.593/2017.
Environmental Compensation for Pallavaram
Municipality
As per CPCB guidelines, Environmental
Compensation is calculated as, EC (Lakh Rs.) = Rs.2.4 (Waste Generation - Waste Disposed as per the Rules) + 0.02 (Waste Generation - Waste Disposed as per the 10 Rules) + N + Marginal cost of Environmental Externality x (Waste Generation - Waste Disposal as per the Rules) x N. Where,
(i) Waste Generation - 104 T/day
(ii) Waste disposed as per the Rules: 24.7 T/day (Micro Composting)
(iii) Waste Generation - Waste disposed as per the Rules: 79.3 T/day
(iv) N = 54 (From the date of issue of direction from the Board vide proceedings dated 20.12.2019 to the date inspected on 11.02.2020)
(v) Marginal cost of environmental externality is Rs.0.012 Lacs Rs per day (Rs.15 per ton x 79.3 tonnes) As per CPCB guidelines, an amount of Rs.244.968 lakhs (Rupees Two Crore Forty four lakh ninety six thousand and eight hundred) is assessed as environmental compensation from 20.12.2019 to 11.02.2020 for Pallavaram Municipality. The Board vide letter dated 12.02.2020 has addressed the Pallavaram Municipality to remit the Environmental Compensation of Rs.244.968 lakhs (Rupees Two Crores Forty four lakh ninety six thousand and eight hundred) to the Board.
Environmental Compensation for Tambaram Municipality
(i) Waste Generation - 90 T/day 11
(ii) Waste disposal as per the Rules: 28 T/day (Micro Composting)
(iii) Waste Generation - Waste disposed as per the Rules: 62 T/day
(iv) N = 54 (From the date of issue of direction from the Board vide proceedings dated 20.12.2019 to the date inspected on 11.02.2020)
(v) Marginal cost of environmental externality is Rs.0.1 Lakhs Rs per day (Rs.15 per ton x 62 tonnes - Rs.0.0093 Lakhs Rs per day.
Hence the maximum environmental externality is taken as 0.01 Lakhs/day) It is respectfully submitted that, as per CPCB guideline, an amount of Rs.203.34 Lakhs (Rupees Two Crore Three Lakh and Thirty Four Thousand) is assessed as environmental compensation from 20.12.2019 to 11.02.2020 for Tambaram Municipality. The Board vide letter dated 12.02.2020 has addressed the Tambaam Municipality to remit the Environmental compensation of Rs.203.34 Lakhs (Rupees Two Crore Three Lakh and Thirty Four Thousand) to the Board.
(9) It is respectfully submitted that as per Hon'ble NGT order dated 16.12.2019, the respondent TNPC Board has issued directions vide Board Proc. Dated 12.02.2020 under Section 5 of the Environment (Protection) Act, 1986 to the Tambaram and Pallavaram Municipalities to comply with the following:
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(i) The Tambaram and Pallavaram Municipality shall undertake bio-mining to clear the legacy waste in accordance with law as provided under Clause (J) Schedule I of SWM Rules, 2016 within a period of six months.
(ii) Also, TNPCB vide letter dated 12.02.2020 has addressed the District Collector, Kanchipuram District & DEE, MM Nagar to prepare an action plan for disposal of legacy waste with a shorter time line and also establishing bio-
diversity park by creating buffer zone of the area in question, so as to protect the environment."
11. On going through the report submitted, we feel that it is not safe to permit the Pallavaram Municipality to allow further dumping of dry waste in that area unless the major portions of the existing legacy waste is disposed of from that area. Otherwise it will be done in haphazard manner in that dumpsite and create more problem. So we decline the request for permission to dump wet waste in their area as a temporary measure.
12. The Municipality has also produced the Detailed Project Report (DPR) prepared by Centre for Environmental Studies Department of Civil Engineering, Anna University, Chennai.
13. It may be mentioned here, that they have not provided any time line for the disposal of legacy waste after getting the 13 Detailed Project Report (DPR) approved by the Government and allotment for necessary funds for that purpose. If they adopt the process of tendering as usual that it will take further period of one year even for finalising the tenders.
14. Further, the Principal Bench of this National Green Tribunal while dealing with similar matter with Original Application No. 606 of 2018 dated 18.10.2019 expressed its displeasure in involving tender process for these purposes and also in their earlier decisions directed the local bodies to engage or appoint a Senior Engineer to supervise these things and engage casual/contractual labourers and also number of trammel machines, simultaneously to finish the work with less cost.
15. The municipality can consider this aspect also and try to implement the same instead of venturing for tender process. Further, if the bio-mining is given to the same agency, then the possibility of delay being occurring in carrying out the work also cannot be ruled out.
16. The counsel appearing for the applicant submitted that the municipal authorities are setting fire to the existing dumps and depositing the ashes on the side of the water body. If this is being done, it is a serious is one.
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17. The learned counsel showed some of the photographs that show the manner in which it is being done. It is seen from the photographs that the ashes are dumped on the side of the water body namely, Agaram Lake and the possibility of leachate reaching the lake and thereby, contaminate the water quality in the lake is not ruled out.
18. The Pollution Control Board is directed to inspect the area in question to enquire into this aspect and file a detailed report regarding this. The applicant is directed to hand over the copy of the set of photographs to the counsel appearing for the Tamil Nadu Pollution Control Board.
19. We feel it appropriate to request the State Level Monitoring Committee headed by the former Justice of Hon'ble High Court of Madras and Judicial Member of this Tribunal, Hon'ble Dr. Justice P. Jyothimani to supervise the activities of the Pallavaram Municipality in carrying out the directions of this Tribunal in respect of disposal of the legacy waste in a scientific manner with shorter time lines and submit a report regarding the progress of the same.
20. The Registry is directed to communicate this order to the State Level Monitoring committee for information and compliance with the direction.
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21. The State Level Monitoring Committee shall submit the periodical reports regarding the performance of the disposal of the legacy waste by Pallavaram Municipality as now under taken by them before this Tribunal and as directed by this Tribunal, periodically once in three months. The Pallavaram Municipality is also directed to submit a interim report once in three months and the Tamil Nadu Pollution Control Board is also directed to go in to the allegations made by the counsel for applicant and if it is found true take stringent action against those persons who are responsible for the same including launching of prosecution and recovering environmental compensation and if the lakes are affected on account of the illegal act, than suggest the remedial measures for rejuvenating the same and restore the same to its original petition and recover that amount also from the persons responsible for the same and utilise that amount for restoring the water body to implement the remedial measures suggested.
22. The Pollution Control Board is also directed to submit a report within three months.
23. The Tami Nadu Pollution Control Board is also directed to take steps to realise the compensation from the persons responsible after issuing a show cause notice and giving them an opportunity to explain in accordance with law.
24. For consideration for the report, post on 03.07.2020. 16
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Sri Saibal Dasgupta) O.A. No.208/2017, I.A.No.15 of 2019 27th February, 2020.
Sr. 17