National Green Tribunal
N.Samiraja vs The District Collector Perambalur on 14 March, 2023
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 86 of 2021 (SZ)
&
I.A. No. 107 of 2021
(Through Video Conference)
IN THE MATTER OF
N. Samiraja (M/56)
S/o Nallu,
Rayappa Nagar,
V. Kalathur & Post,
Veppanthattai Taluk,
Perambalur District- 621 117.
...Applicant(s)
Versus
1. The Chief Engineer,
Tamil Nadu Public Works Department,
"Ezhilagam"
Chepauk, Chennai- 600005.
2. The Chairman
Tamil Nadu Pollution Control Board,
No. 76, Mountsalai,
Guindy,
Chennai- 600032.
3. The District Collector,
Perambalur,
Perambalur District- 621212.
4. The District Envrionmental Engineer,
Tamil Nadu Pollution Control Board,
No. 99°, Ethiraj Nagar,
Railway Station Road,
Rajaji Nagar Post,
Ariyalur District- 621 713.
5. The Assistant Director,
Public Works Department,
Bangala Bus Stop,
Thuraimangalam to Perambalur Road,
Perambalur.
6. Abdul Rahim (M/60),
Jamaad President,
Zunnath Zamath,
No. 4/3, Millath Nagar,
Muslim Street,
V. Kalathur & Post,
Perambalur District- 621117.
1
7. Idhayadullah (M/45),
S/o Abdul Kareem,
Sujjith Medicals, Main Road,
V. Kalathur & Post,
Perambalur District- 621117.
8. Basheer Ahamad (M/56),
S/o Abdul Muthalip,
No. 7/4, Main Road,
Opp. to Bus stand,
V. Kalathur & Post,
Perambalur District- 621117.
9. Kareem Basha (M/43),
S/o Pakkiri Mohammed,
No. 14/A, Pallivasal Street,
V. Kalathur & Post,
Perambalur District- 621117.
10. Zekkaria @ Dhadi Zekkaria (M/49),
Mohammed Ali,
Door No. 6/3, Chinna Street,
Muslim Street,
V. Kalathur & Post,
Perambalur District- 621117.
11. Saleem Basha (M/61),
Abdul Muthalip,
Big Shop Street,
V. Kalathur & Post,
Perambalur District- 621117.
12. Fyrozh Khan (M/35),
S/o Shajahan,
No. 17/1, Aathur Main Road,
V. Kalathur & Post,
Perambalur District- 621117.
13. Sabibullah (M/41),
S/o Mohammed Ali,
Millath Nagar,
V. Kalathur & Post,
Perambalur District- 621117.
14. Mohammed Siddiq @ Thambampatti Siddiq (M/39),
S/o Anwar Basha,
King bakery,
V. Kalathur & Post,
Perambalur District- 621117.
15. Zakir Hussain (M/57),
S/o Mohammed Ali,
Jasim Electronic Shop,
Opp. to bus Stopp,
V. Kalathur & Post,
Veppanthattai Taluk,
Perambalur District- 621117.
2
(Since the applicant has made only a few of the violators as private respondents, notice
was not ordered to respondents 6 to 15 as per order dated 23.03.2021.)
...Respondent(s)
For Applicant(s): None
For Respondent(s): Dr.D. Shanmuganathan for R1, R3 and R5.
Mr. Sai. Sathya Jith for R2 and R4.
Judgment Reserved on: 20th February, 2023.
Judgment Pronounced on: 14th March, 2023
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. This application is filed to prevent the discharge of untreated sewage water into the Kallaru River which is a tributary of Vellar River. The applicant, who is the resident of the village, has stated that in the village V. Kalathur there is no sewage water line for several decades and the sewage water is let out to the Kallaru River in which the people use the water for all the basic needs.
2. It is also stated that there is no septic tank system. Hence, the untreated sewage water is let into the Kallaru River causing air and water pollution besides making the water not useable even by the animals. As the official respondents have not responded to the complaints made by the applicant, the above application is filed.
3. This Tribunal taking cognizance of the issued raised by the applicant had constituted a Joint Committee consisting of the District Collector, Perambalur District, a Senior Officer from Tamil 3 Nadu Pollution Control Board, a Senior Officer from the Public Works Department and also from Water Resources Organisation. The Committee was directed to ascertain the nature of the drainage system i.e. likely to be provided, whether any treatment facility of sewage being collected through the public drain before it is discharged into the water body. The Committee was also directed to take samples and conduct water analysis test in the river at various locations.
4. The Committee had visited on 29.04.2021 and filed a report dated 24.05.2021. The report states that V. Kalathur is a village situated in Veppanthattai Taluk of Perambalur District. The population of the village is 10,245 as per the 2011 census with 2135 residential and commercial establishments. The said village is situated at the bank of the kallar River and agriculture is the main avocation of the villagers. The said river Kallar originates from Pachamalai Hills of Veppanthattai Taluk and it confluences into the river Vellar in Peraiyar Village and finally confluences with Bay of Bengal near Parangipet, Cuddalore. The total length of the river is 86 km having an ayacut area of 591 acres. The maximum discharge of Kallar River is 42,148 cusecs and it is not a perennial river and the only source is rain water during the monsoon period.
5. The District Collector, Perambalur had filed a report on construction of structure for disposal of grey water in V. Kalathur. In this regard, as per the proceedings dated 14.07.2021 construction work was commenced to dispose of the stagnated grey water safely. The project contains three soak pits at 76m, 106m and 185m so that the grey water discharge will be siphoned 4 off within the soak pit itself. It is reported that the construction of the structure will not create health hazards to the residents of Rayapanagar and the work was also completed. The said project was designed for safe disposal of the grey water.
6. The District Collector had filed yet another report dated 18.12.2021 pursuant to the direction of this Tribunal. The said report states that there are 650 residential unit and several commercial units near the Kallar River and the waste water generated from these units is 130 KLD. The Village Panchayat also had taken several initiatives to educate the public in proper disposal of the solid and liquid waste. It is stated to have conducted special campaigns involving public and students on cleanliness, rallies to commemorate important days in connection with sanitation, door to door communication activities etc. It was reported further that a detailed assessment was made to prevent the indiscriminate flow of waste water through the habitat as it creates health hazard. A drainage system was provided under various schemes in the streets and way side of roads. The drainages constructed in places with space constraints for construction of soak pits do not end up in a disposal point. A community soak pit at a disposal point of a drainage system serves the purpose of safe disposal of grey water. The community soak pits were also sanctioned in V. Kalathur under MGNREGA for collection and disposal of grey water, the details of which were also furnished in the said report. The Village Panchayat was also directed to continuously monitor the working condition of the infrastructure now being created. Panchayat will also ensure 5 sustainability of these projects and ensure that no untreated water is discharged in water bodies.
7. The 5th respondent, who is the Superintending Engineer, Water Resource Department, has stated that the village administration has stopped the discharge of sewage and sullage in the River Kallar and the village has proposed to construct 14 community soak pits for the treatment of sewage/sullage effluent generated from the village and already two of the soak pits were completed on the date of filing of the report i.e. 30.12.2021.
8. The Tamil Nadu Pollution Control Board filed its first report dated 11.08.2021 wherein it was mentioned that there are no proper drainage system facility in the village V. Kallathur and most of the residential houses in the village are having septic tank arrangement system for sewage treatment and the over flow from the septic tank along with sullage was observed to be discharged into storm water drains which drains into the Kallar River. Pollution Control Board also had furnished the analysis report of the water which shows the presence of faecal coliform. Pollution Control Board had levied Environmental Compensation also on the Panchayat for not strictly implementing the solid waste management rules for the solid waste generated from the village. The Tamil Nadu Pollution Control had also issued show-cause notice dated 22.07.2021.
9. In its next report dated 25.03.2022, it is stated that the for communities with population up to 20,000 and without flushing system 45 litres may be taken for flushing requirements per head and the water supply through 40 LPHD stand post and 70 to 100 6 LPHD if the supply is through house service connection. Those who have provided onsite system consisted primarily of a septic tank and soil absorption field such as soak pit. Septic tanks remove most settleable and floatable material and function as ananaerobic bioreactor that promotes partial digestion of retained organic matter. The septic tank effluent which contains significant concentrations of pathogens and nutrients have been discharged to soil, sand or other media absorption for further treatment through biological processes, adsorption, filtration and infiltration into underlying soils. The Pollution Control Board has stated that there will be no contamination of ground water if there is a impermeable hard strata present in between the water spread area of the community soak pit and ground water table. Hence the possibility of contamination of ground water table will be ascertained only if the lithology of soil strata is known. The said data is not available with Pollution Control Board hence a study may be carried out in this regard. The borewell water samples collected along the River Kallar in 04 locations revealed that the water quality is within the drinking water specification standards. The analysis report of the water sample collected was also furnished by the Pollution Control Board.
10. The report dated 22.12.2022 was also filed by the Tamil Nadu Pollution Control Board based on the directions given by this Tribunal to test the surface water also. Accordingly, surface water samples were collected from the Kallar River located at V. Kalathur on 09.11.2022 and an analysis report was obtained. As per the report, the surface water flowing in Kallar River at V. Kalathur 7 Village, Veppanthattai Taluk satisfies the standards of category B (outdoor bathing) of designated Best Use Criteria by CPCB.
11. The report further stated that the domestic waste water generated in the V. Kalathur rural area can be divided into black water and grey water. Black water is the water generated from the toilets containing faecal matter. The Grey water is the waste water generated from bathing, washing, general cleaning, kitchen as well as from community stand posts, wells, hand pumps and other institutional areas etc. The black and grey water are scientifically handled in the onsite treatment system. The black water generated from toilets in each household is treated in the septic tank followed by soak pit. The septic tank removes most settleable and floatable material and function as an anaerobic bioreactor that promotes partial digestion of retained organic matter. Partially treated waste water from septic tank contains pathogens and nutrients are discharged to the soil, sand and other media absorption for further treatment through biological processes, adsorption, filtration and infiltration into underlying soils.
12. The grey water generated in the V. Kalathur village is treated in the 14 community soak pits under the MGNREGA scheme filled with graded stones and gravels, absorption for further treatment through biological and chemical treatment processes etc. The community soak pit is utilised for the treatment of grey water and the Department of Drinking Water and Sanitation, Ministry of Jal Shakti, Government of India by its Grey Water management Manual July, 2021 recommended the provision of community soak pit for the treatment of grey water. As there is no common STP 8 located in and around V. Kalathur and the common STP provided by the Perambalur Municipality is located at a distance of about 15 km, the decanting of sewage into the nearby STP is also not possible.
13. The next report of the Pollution Control Board dated 10.01.2023 explained the biological processes, adsorption, filtration and infiltration. During the inspection on 03.01.2023 the following were observed:
(i) The community soak pits located in and around V. Kalathur Village, Veppanthattai Taluk, Perambalur District was inspected.
(ii) The Veppanthattai Panchayat Union (Local body) has proposed to construct 14 nos of community soak pots (Horizontal Filters) as committed earlier to curb the discharge of sewage into the River kallaru. During inspection it was observed that the local body has constructed and commissioned 2 numbers of community soak pits (Horizontal Filters) one at nearby Anganvadi at west street and another at Sengamlaiyar temple, Vannaram Poondi of V. Kalathur Village (photograph enclosed-
vide Annexure-II). One number of community soak pit (Horizontal Filters) is under construction near by Panchayat Office of V. Kalathur Village (Photograph Enclosed). The Local body has also constructed three numbers of vertical filters along the drain carrying grey water opposite to Rayappar temple, V. Kalathur Village. The local body also assured that the community soak pit (Horizontal Filters) at Sengamalaiyar temple, Vannaram Poondi will be revamped within a fortnight time.
14. The treated grey water let out from the community soak pit near Anganvadi at West Street, V. Kalathur Village was collected on 03.01.2023 and sent for analysis to Advanced Environmental Laboratory, Tamil Nadu Pollution Control Board, Tiruchirapalli. The report of analysis of the treated grey water sample collected from the community soak pit outlet reveals that the pollutant parameters such as BOD 75 mg/l and Total Suspended Solids 266mg/l are exceeding the discharge standards of 30 mg/l and 100mg/l respectively laid down for STPs notified vide MoEF&CC Notification G.S.R. 1265(E) dated 13.10.2017. In this connection, 9 the Block Development Officer, Veppanthantai Panchayat Union was directed to maintain and operate the community soak pit efficiently and continuously so as to achieve the discharge standards laid down for STPs as notified in the above referred notification and complete and commission the remaining community soak pits also.
15. In the meanwhile, this Tribunal had directed Pollution Control Board to examine the technology developed by the CSIR-NEERI called „Phytorid Wastewater Treatment Technology‟ which appears to be cost effective and can be reached to the remote villages where they do not have a common sewage treatment plant. Pursuant to the said direction, the Pollution Control Board had convened a virtual meeting on 09.02.2023 with the Scientists of CSIR-NEERI, Anna University, Directorate of Municipal Administration and the other officers of the National Productivity Council and Directorate of Rural Development and Panchayat Raj. The said Phytorid Technology was explained as follows:
Phytorid Technology is a unique wastewater treatment process developed by CSIR-NEERI which uses natural treatment techniques like sedimentation, anaerobic digestion, plants and microbial action.
The system is technically named as Phytorid-SWAB (Scientific Wetland & Active Biodegradation) which partially depends on variety of plants that are naturally found in wetlands with filtration and treatment capabilities such as Elephant Grass (Pennisetum Purpurem), Cattails (Typha sp.), Reeds (Phragmites sp.), Cannas pp. And Yellow flag iris (Iris pseudocorus) The phytorid Technology largely focuses on achieving the desired quality of treated sewage without use of extensive energy and chemicals.
In a typical Phytorid-SWAB based treatment plant, Screen Chamber and Sedimentation Tank are provided as pre- treatment units for the removal of floating solids, oil and grease and for the removal of suspended solids and upto 50% Biochemical Oxygen Demand (BOD) respectively. In the Phytorid-SWAB treatment system, the system has an inlet zone set up with crushed bricks, gravels, stone of various sizes as media and a treatment zone where the sewage is passed through baffles. In the treatment zone, 10 organic matter and nutrients are removed with the help of media and plants respectively.
The treatment efficiency of the system is as follows Total Suspended Solids- 75-95% Biochemcial Oxygen Demand- 80-93% Chemical Oxygen Demand- 85-95% Total Nitrogen- 60-70% Phosphate- 30-40% Fecal Coliform- 90-95% The treated sewage from a Phytorid system consists of nutrients and is best suited for irrigation and horticultural applications. The treated sewage shall also be disinfected and used in non-potable reuse applications such as landscaping, fountains, toilet flushing.
Phytorid Technology can also be used in-situ in polluted canals & nallahs by installing in-flow screen chambers & plants which is called the RENEU (Restoration of Nallahs through Ecological Units), a system developed by CSIR- NEERI.
16. The advantages and limitations of CSIR- NEERI‟s Phytorid-SWAB was discussed and the following pros and cons were arrived at which reads as follows:
Pros:
Environmental friendly technology employing natural treatment mechanisms.
Negligible Operation and Maintenance cost. High Potential for non-potable reuse applications like landscaping fountains and toilet flushing after proper disinfection of the treated wastewater. Substantial reduction of organics and solids. No requirement for extensive infrastructure. Energy consumption of the system is insignificant. System needs no skilled manpower for operation and maintenance.
Minimal sludge generation in the system.
Usage of plants help in retaining the microbial diversity in the
system.
Best suited for agriculture and horticulture.
Cons:
High footprint requirement which is not suitable for areas
with land constraints.
Installation of post-treatment filters and disinfection systems
might have an impact on capital costs.
Nutrient removal performance of the technology is not
lucrative. Therefore treated could not be directly discharge into river/other water bodies.
17. Finally, it was discussed that the Phytorid-SWAB system may be a viable option for the treatment of sewage in town and village panchayat with following characteristics:
Total Sewage generation up to 1 MLD.
Availability of sufficient land area for establishing the treatment
plant.
11
Consistent irrigation water demand so that the treated sewage may be used for agricultural purposes.
Availability of system for collection and transportation of sewage.
18. Resultantly, it was stated that the above CSIR- NEERI‟s Phytorid- SWAB system is technically relevant for the treatment of sewage to prevent pollution in rivers and other surface water bodies. However, its suitability for specific village/locality needs to be ascertained on a case to case basis.
19. In the light of the above developments, the village in question, namely, V. Kalathur, Perambalur Taluk has now got 14 soak pits through which the sewage and sullage water has been filtered.
20. In fine, we direct:
a. The District Collector, with the help of the Panchayat Union, should explore the possibility of implementing Phytorid-SWAB technology in V. Kalathur Village, in addition to the community soak pits planned, so that the Kallar River is no polluted due to discharge of untreated sewage.
b. The Municipal Administration and Water Supply Department and the Directorate of Rural Development and Panchayat Raj Department to explore the implementation of the Phytorid Wastewater Treatment Technology developed by CSIR-NEERI for small local bodies where sewage generation is less than 01 MLD and the availability of land of adequate area and suitability for specific village or locality.
c. As the above technology is cost effective, the State of Tamil Nadu can consider implementing the said technology wherever the underground sewage system is not provided for to avoid 12 mixing of sewage in sullage water into any water body or storm water drain etc. The said method can also be made available to small villages having a space constraint and not having a common sewage treatment plant.
d. The Tamil Nadu Pollution Control Board to follow up with the above referred departments for the successful implementation of the Phytorid-SWAB technology available as on date.
21. With the above directions, the Original Application is disposed of.
22. In view of the disposal of the above Original Application, I.A. No. 107 of 2021 also stands disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.86/2021(SZ) 14th March, 2023. (AM) 13 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 86 of 2021(SZ) N. Samiraja Vs. The Chief Engineer, PWD and Ors.
O.A. No. 86/201(SZ) 14th March, 2023. (AM) 14