National Green Tribunal
Reghu Kumar vs The Chairman Tamilnadu Pollution ... on 11 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.04:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 22 of 2019 (SZ)
(Through Video Conference)
IN THE MATTER OF
Reghu Kumar
S/o. Raghavan Pillai,
8-44A,Asaraikudi VillaiKamoor
Thiruparappu,
Kanyakumari District. ....Applicant(s)
Versus
1. The Chairman,
Tamil Nadu Pollution Control Board,
No. 76 Mount Road, Guindy,
Chennai 600 032.
2. The District Environment Engineer,
TamilNaduPollution Control Board,
No. 3/8, 46-A, Water Tank Road,
Nagercoil,
Kanyakumari District.
3. The District Collector,
Kanyakumari District,
Nagercoil 629 001.
4. The Assistant Director of Town Panchayat,
Collectorate Campus,
Nagercoil,
Kanyakumari District,
5. The Revenue Divisional Officer,
Padmanabhapuram,
Thuckalay,
Kanyakumari District.
6. The Special Officer,
Thiruparappu Special Town Panchayat,
Thiruparappu Post,
Kanyakumari District.
7. The Village Administrative Officer,
Thiruparappu Village,
Thiruparappu Post,
Kanyakumari District.
8. M/s. Alben Rubbers,
Rep. by A. Alban,
KarumbalurVillai, Kamur,
Thiraparappu Post,
Kanyakumari District.
9. Mrs. Baby,
Wife of Mr. Rajamani,
KarumbalurVillai, Kamur,
Thiruparappu Post, Kanyakumari District.
10. R. Alban,
Son of Mr. Rajamani,
KarumbalurVillai,
Thiruparappu Post,
Kanyakumari District.
11. Rajamani,
S/o, Yebu
Kamur, Thiruparappu Post,
Kanyakumari District.
....Respondent(s)
Date of Order/Judgment: 11.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER For Applicant(s): Sri. C.K.M. Appaji For Respondent(s): Sri. C. Kasirajan through M./s. Meena for R1, R2.
M/s. Kamalesh Kannan for R3 to R7.
M/s. M. Arokiyaraj for R8 to R11.
Judgement
1. The grievance in this application is that respondents 8 to 11 are Rubber Manufacturers using rubber latex for processing the rubber at Survey No.350/8A 2A, Thiruparappu Village, Kalkulam Taluk, kamor, Kanyakumari District without getting necessary "consent" or "authorisation" required under different enactments. They are using dangerous chemicals during the process and they are discharging the trade effluents without treatment, either into the drain or in open ground which contaminates the water and soil. Though complaints have been given to the authorities, no action has been taken. They are still continuing with the same illegal activities that prompted the applicant, to file the present application seeking the following reliefs:
I) Grant permanent injunction restraining the 8 to 11 Respondents from running an illegal rubber Smoke Houses in the name and style of M/s Alban Rubbers at S/.No. 350/8A 2A, Kamoor, Thiruparappu Village, Thiruparappu Post, Kalkulam Taluk, Kanyakumari District.
II) Direct the Respondents 1 to 7 to initiate appropriate action against the 8 to 11 Respondents for violating the provisions of the Environmental Protection Act, the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and the Tamil Nadu Panchayat Act. III) Direct the Respondents 8 to 11 pay compensation towards the effected people for causing wide spread pollution and for the people affected by lung infection epidemics and skin diseases.
2. As per order dated 13.12.2019, this Tribunal had without admitting the matter constituted a Joint Committee comprising of the Distinct Collector, Kanyakumari District and the Tamil Nadu State Pollution Control Board to inspect the unit area in question and enquire in to the allegations made and ascertain as to whether any water or soil contamination has been caused on account of the alleged illegal activities and suggest remedial measures if any required and also assess the environmental compensation for restoration of the damage caused to the environment and submit a report and posted the case to 24.01.2020.
3. On 24.01.2020, respondents 8 to 11 also entered appearance and submitted that the Tamil Nadu State Pollution Control Board is trying to close down the industry without following the procedure on the basis of the orders of this Tribunal. Then, this Tribunal had clarified that this Tribunal had not issued any directions to close down any industry without following the procedure and only directed to consider as to whether the allegations are genuine and if there is any violation, take action against the violating units in accordance with law and thereafter posted the case to 13.02.2020 for consideration of the report.
4. On 13.02.2020, the matter was adjourned to 28.02.2020 for submission of the report. On 28.02.2020, it was again adjourned to 02.03.2020 for that purpose. On 02.03.2020, it was again adjourned to 24.03.2020 for consideration of report which was filed on that day. On 24.03.2020, it was adjourned to 24.07.2020 and on 24.07.2020 it was adjourned to 26.06.2020 and on 26.06.2020 it was adjourned to 06.07.2020 by successive notification. On 06.07.2020, this Tribunal had granted some more time for the Tamil Nadu State Pollution Control Board to submit a further action taken report on the basis of the observations and finding of the joint committee.
5. The learned counsel appearing for the respondents 8 to 11 also submitted on that day, they have already filed an appeal against the order of the closure passed by the Tamil Nadu State Pollution Control Board before the appellate authority and that is pending.
6. The matter was posted to 31.07.2020 for consideration of the further report. On 31.07.2020, it was adjourned to today by notification.
7. When the matter came up for hearing today for Video Conference, Sri. C.K.M. Appaji represented the counsel for the applicant. Sri. C. Kasirajan through M/s. Meena represented respondents 1 and 2, Sri. Kamaleshkannan represented respondents 3 to 7and Sri. M. Arokiyaraj represented respondents 8 to 11.
8. 11th respondent filed counter in the matter contending that they have already obtained permission from the authorities and they are not involved in any manufacturing process, but they are only cleaning the rubber sheets and no pollution has been caused on account of their activities. There was no discharge of any water and there is no soil as well as water contamination occurred as alleged.
9. Further, there are similar units functioning in the locality and the applicant has come with the application only against him due to some personal vendetta.
10. Further they have inspected other units, but no action has been taken by the Tamil Nadu State Pollution Control Board and so he prayed for dismissal of the application.
They have produced Annexure R1 to R14 in support of the case.
11. The committee appointed by this Tribunal had submitted the report which reads as follows:
"In compliance of the above NGT order, the Tamilnadu Pollution Control Board has constituted a Joint Committee comprising of the following members vide TNPC Board Proceedings Dt. 03.01.2020.
1) The District Collector, Kanniyakumari District.
2) The District Environmental Engineer, TNPCB, Nagercoil.
3) The Deputy Director, Agricultural Department, Nagercoil.
4) Dr. B. Jeyaraman, Ex. Member of the Loss of Ecology and Compensation Authority.
The Joint Committee shall carryout the following aspects and submit report, so as to submit a factual and action taken report within a period of one month to the Tribunal:
1) Study on the impact due to a rubber manufacturing industry at Thirpparappu Village, Kalkulam Taluk, Kanniyakumari District.
2) Remedial measures to be carried out by the unit for the reclamation of the said site / water bodies.
3) To assess the environment compensation for restoration of damage caused to the environment.
The Joint Committee shall furnish a detailed report along with remarks and recommendation.
16PROCESS DETAILS RAW LATEX FORMIC ACID SHEETING MACHINE Rubber Sheet Immersed in water( to remove fungi and other impurities) Pressing with iron roller Drying in Smoke house using firewood GRADING PACKING Despatch (3T/D) 17 PHOTO SHOWING RUBBER SHEET MANUFACTURING M/s. Alben Rubber Factory is located in the hill area and covers an overall fenced area of about 0.0809 ha. The site plan of the factory is given in fiq 2.
9The grades of rubber produced in this factory is
i) Ribbed Smoked Sheet (RSS) RIBBED SMOKED SHEET (RSS) The latex collected from the field containing an average dry rubber content (DRC) of about 40 percent is diluted with water in 1:2 ratio and coagulated using formic acid in special aluminium pans. The coagulum is sheeted to a thickness of about 3 mm by passing through pressing rollers. The sheets are then cut into 1 m long pieces and sent to the smoke house (SH) for drying where fire wood smoke at a temperature of 60 C is passed through the sheets for two days. On the third day fully dried sheets are sent to the grading section where they are graded into RSS1, RSS2, RSS3, RSS4, RSS5 etc. according to the quality of sheets packed into 50 kg bundles and stacked for sale.
20ENVIRONMENT ASSESSMENT STUDY OBJECTIVE OF THE ASSESSMENT :
1) Study on the impact due to a rubber manufacturing industry at Thirpparappu Village, KalkulamTaluk, Kanniyakumari District.
2) Remedial measures to be carried out by the unit for the reclamation of the said site / water bodies.
3) To assess the environment compensation for restoration of damage caused to the environment.
Joint Committee shall furnish a detailed report along with remarks and recommendations to the Board.
ACTION TAKEN BY THE COMMITTEE.
In this connection, the Joint Committee inspected the said site on 10.01.2020 and collected relevant particulars like analysis report of ground water samples by the Thirparappu Town Panchayat through TWAD Board, the revenue records on the location of the unit and the other private ground water sources etc. The Joint Committee has made a detailed inspection including collection of ground water samples at 6 locations, 2 effluent samples from the nearby unauthorized latex units, 2 soil samples to assess the environmental damages caused if any with respect to the ground water and the soil. The opinion of the public are also obtained. In general, the public has made allegations against the unit of M/s Alben Rubbers and the public has not made any complaint against the other two tiny rubber latex industries operating nearby the questionable unit in the name of M/s Babu Rubber and M/s Chelladurai Rubber. The photographs on the inspection / sampling of ground water, effluent samples and soil samples are also enclosed.
The Joint Committee has observed that M/s Babu rubber is a sheet manufacturing unit from natural rubber latex using formic acid and by passing through rolling machines. The trade effluent is observed about 100 to 200 litres/day and the same is discharged on open percolation within the unit's premises. The unit is issued with show cause notice vide TNPCB Proc. No. F.TECH 122(01) / W&A / 2020 dated 14.01.2020 under Water (P&CP) Act '74 and Air (P&CP) Act '81 and the same have been served personally on 21.01.2020.
21) The Joint Committee has also observed that M/s Chelladurai rubber is a rubber sheet smoke house unit manufacturing dried rubber sheet from natural latex sheet. The trade effluent is observed about 20 to 50 litres/day from washing process and the same is discharged on open percolation within the unit's premises. The unit is issued with show cause notice vide TNPCB Proc. No. F.TECH 122(02) / W&A / 2020 dated 14.01.2020 under Water (P&CP) Act '74 and Air (P&CP) Act '81 and the same have been served personally on 21.01.2020.
Necessary action will be completed by the TNPCB on the above said two units within 31.01.2020.
The questionable unit M/s Alben Rubbers is manufacturing rubber sheet using both natural rubber latex and the rubber sheet bought up from other sources. The natural rubber latex is solidified with formic acid and the same are passed through rolling machine. The rubber sheets are then washed and then passed through smoke houses (5 nos.) in which the firewood is used to dry the rubber sheets. Also the unit brings the rubber sheets from the outside sources for drying in the smoke houses and the same are packed and sent for dispatch. The unit has provided Biogas plant for the trade effluent generated from the rolling machine and the biogas is utilized within the unit for cooking purposes. The trade effluent generated from the washing process is treated in the Effluent Treatment Plant and discharged for gardening. However, the washing process is not carried out at the time of inspection and the ETP provided for the washing process is not operated at the time of inspection. The unit has provided 5 nos. of chimneys for letting out the smoke generated from the smoke houses using firewood as fuel. The public in general expressed their complaints on the odour problems during the operation of smoke houses as well as on the rolling operations.
The Joint Committee has observed that the public in general requested to shift the unit from the present residential area to some other location away from the residential area.
PHOTOGRAPHS TAKEN DURING INSPECTION BY THE JOINT COMMITTEE COAGULATION OF RUBBER LIQUIED TO LATEX RUBBER SHEET FORMATION ROLLING MACHINE FOR LATEX SHEET FORMATION LATEX SHEET PRODUCTION Sample ample location points in and around M/s. Alben Rubber 25 ETAILS ON THE GROUND WATER AND EFFLUENT SAMPLES COLLECTED Sl. Particulars Sample -1 Sample - 2 Sample -3 Sample - 4 No 1. Code No. of the 1 2 3 4 Sample
2. Date and Time of 10.01.2020 10.01.2020 10.01.2020 10.01.2020 Collection of Sample 01.50 PM 02.00 PM 02.05 pm 02.35 PM
3. Point of Collection Open Dug Open Dug Stagnated Stagnated Well (Mr. Well (Ms. Effluent Effluent Wilson) Nagammai) (Babu (Chelladurai Rubber) Rubber)
4. Nature of Sample Ground Ground Stagnated Stagnated Water Water untreated untreated effluent effluent
5. Parameters to be GCP, EC, GCP, EC, GCP, GCP, Analysed Turbidity, Turbidity, Ammoniacal Ammoniacal Total Total Nitrogen, Nitrogen, Hardness, Hardness, Total Total Free Free Nitrogen Nitrogen Ammonia, Ammonia, Nitrites, Nitrites, Nitrates Nitrates Sl. Particulars Sample -5 Sample - 6 Sample -7 Sample - 8 No 1. Code No of the Sample 5 6 7 8
2. Date and Time of 10.01.2020 10.01.2020 10.01.2020 10.01.2020 Collection of Sample 02.40 PM 03.00 PM 03.15 pm 03.30 PM
3. Point of Collection Open Dug Open Dug Open Dug Open Dug Well Well (Alben Well (Tenent: Well (Mr. (Chelladurai Rubber) Mr. Aneesh) Alben) Rubber)
4. Nature of Sample Ground Ground Ground Ground Water Water Water Water
5. Parameters to be GCP, EC, GCP, EC, GCP, EC, GCP, EC, Analysed Turbidity, Turbidity, Turbidity, Turbidity, Total Total Total Total Hardness, Hardness, Hardness, Hardness, Free Free Free Free Ammonia, Ammonia, Ammonia, Ammonia, Nitrites, Nitrites, Nitrites, Nitrites, Nitrates Nitrates Nitrates Nitrates 26 PHOTOS SHOWING INSPECTION AND GROUND WATER AND EFFLUENT SAMPLES COLLECTION BY THE JOINT COMMITTEE IN AND AROUND THE QUESTIONABLE UNIT 27 RESULT OF ANANLYSIS OF GROUND (WELL) WATER SAMPLES S. PARAMETERS TEST METHOD UNI SAMPLE NUMBER No OF ANANLYSIS T 1 2 5 6 7 8 nd 1 pH @ 25° C APHA 22 Edt 2012, --- 4.60 4.5 5.0 5.3 5.0 4.9 + Part No. 4500 H 7 2 8 7 3 nd 2 Total Suspended Solids APHA 22 Edt2012, mg/ 2 2 2 2 2 4 Part No. 2540 D L nd 3 Total Dissolved Solids APHA 22 Edt 2012, mg/ 108 236 124 290 358 174 Part No. 2540 C L nd 4 Chlorides (as Cl) APHA 22 Edt 2012, mg/ 34.71 73. 32. 53 96 47 Part No. 4500 CI B L 51 67 nd 5 Sulphate (as So4 ) APHA 22 Edt 2012, mg/ <2.0 <2. <2. 9.2 1.1 <2.
Part No. 4500 SO4 E L 0 0 0nd 6 Oil & Grease APHA 22 Edt 2012, mg/ <1.0 <1. <1. <1. <1. <1.
Part No. 5520 B L 0 0 0 0 0
7 BOD for 3 days @ 27° C SI 3025:(Part 44)1993 mg/ <2.0 <2. 2.5 <2. 2.5 4.4
L 0 2 0 2 4
nd
8 COD APHA 22 Edt 2012, mg/ 48 56 48 56 56 48
Part No. 5220 B L
nd
9 Turbidity APHA 22 Edt 2012, NTU 0.162 0.3 0.0 0.1 0.2 0.1
Part No. 2130 .B 16 84 04 09 32
nd
10 Total Hardness APHA 22 Edt 2012, mg/ 20 28 26 84 58 34
Part No. 3500 Cr D L
nd
11 Free Ammonia APHA 22 Edt 2012, mg/ <2.0 <2. <2. <2. <2. <2.
Part No. 4500-NH3C L 0 0 0 0 0
nd
12 Nitrites APHA 22 Edt 2012, mg/ 0.004 0.0 <0. 0.0 <0. 0.0
Part No. 4500 NO2 - B L 05 002 04 002 86
OBSERVATION: The above report of analysis of water samples collected in and around of questionable unit shows pH ranges 4.5 to 5.3 which so acidic nature and ammoniacal nitrogen exceeds the limit of drinking water due to leach out from the questionable unit.
28WATER SAMPLES COLLECTED FOR REFERENCES:
Location of Sampling: Direct open well / Thiruparappu:
I. TWAD BOARD also collected 5 no Well water Around samples in and around of questionable unit on 04.09.2018, 21.05.2018, & 24.05.2019 the results of analysis is furnished BIS 10500 : Acceptab Permissib RESULT 2012 le Limit le limit in the absence of alternate source PHYSICAL EXAMINATION 1 Appeara Clear Clear Clear Clear Clear Clear Nce 2 Clour Clour Clour Clour Clour Clour Clour less less less less less less 3 Odour Agreeabl Agreeabl None None None None None None e e 4 Turbidity 1 5 0 0 0 4 0 0 NT Units 5 Total 500 2000 183 210 216 348 289 91 Dissolved Solids mg/L 6 Electrical 278 318 328 528 438 138 Conductivit Y Micro mho/cm II. Chemical Examination 7 pH 6.5-8.5 6.5-8.5 4.76 5.84 5.88 5.66 5.3 5.97 8 Alkalinity 0 0 0 0 0 0 as CaCo3 mg/L 9 Total 200 600 24 20 24 16 20 12 Alkalinity.
As Caco3
mg/L
10 Total 200 600 64 104 108 164 140 26
Hardness
as Caco3
mg/L
11 Calcium as 75 200 19 24 26 46 29 8
Ca mg/L
2
9
12 Magnesiu 30 100 4 11 11 12 16 1
m as Mg/L
13 Sodium as 34 27 25 41 30 16
Na mg/L
14 Potassium 6 3 4 3 3 3
as K mg/L
15 Iron as Fe 0.3 1.0 0 0.00 0.00 0.024 0.00 0.00
mg/L
16 Maganese 0.1 0.3 0 0.00 0.00 0.00 0.0 0.0
mg/L
17 Free 0.5 0.5 1.08 0.04 0.04 3.08 0.0 0.0
Ammonia
as NH3
mg/L
18 Nitrate as 0.35 0.38 0.01 1.22 0.51 0.01
NO2 mg/L
19 Nitrate as 45 45 5 3 3 4 2 1
NO3 mg/L
20 Chloride 250 1000 64 82 78 138 112 32
as Clmg/L
21 Fluoride as 1.0 1.5 0.2 0.2 0.2 0.2 0.2 0.2
F mg/L
22 Sulphate 200 400 14 21 19 26 23 7
as So4
mg/L
22
23 Phosphate 0.3 0.05 0.15 0.25 0.3 0.2
as PO4
mg/l
24 Tidys Test 0.40 0.72 0.48 0.56 0.4 0.32
4 hrs as O2
mg/L
OBSERVATION:From the above result is indicated that pH value is low, the water can beconsidered as portable after maintaining the pH value to the acceptable range of 6.5 to 8.5 Ammonia also exceeds the maximum allowable limit and bacteriologically unsafe. 30
SUITABILITY OF WATER FOR AGRICULTURAL IRRIGATION PURPOSE :
3 well water samples are send to analysis to Tamilnadu agriculture department to test the suitability of water for agricultural irrigation the result are tablets as follows:
WATER SAMPLE - 1 jkpo;ehL muR Ntshz;ikj;Jiw elkhLk; kz; gupNrhjid epiak;
ehfu;Nfhtpy;
ghrd ePu; khjpup - tpupthd Ma;T KbT tptrhapapd; ngaUk;> KftupAk;> Ma;tf vz;. Mr. Subramaniyan, S/o. Muthu. Nagercoil. WS-123 SURALACODE ru;Nt vz;: 583/1A5B Ma;twpf;if
1. fhu mkpy epiy(gp.vr;.) : 5.60
2. fiuAk; cg;Gfs; (<.rp) : 0.10 nlrprPkd;];/kP
3. fhu;gNdl; : 0.00 kpy;yp <f;tyz;l; / ypl;lu;
4. ig fhu;gNdl; : 0.60 kpy;yp <f;tyz;l; / ypl;lu; 23
5. FNshiuL : 0.40 kpy;yp <f;tyz;l; / ypl;lu;
6. ry;Ngl; : 0.00 kpy;yp <f;tyz;l; / ypl;lu;
7. Rz;zhk;G : 0.40 kpy;yp <f;tyz;l; / ypl;lu;
8. kf;dPrpak; : 0.20 kpy;yp <f;tyz;l; / ypl;lu;
9. Nrhbak; : 0.46 kpy;yp <f;tyz;l; / ypl;lu;
10. nghl;lhrpak; : 0.05 kpy;yp <f;tyz;l; / ypl;lu;
11. vQ;rpAs;s Nrhbak; fhu;gNdl; : ,y;iy
12. Nrhbak; cwpQ;Rk; tpfpjk; : 0.84
13. kf;dPrpak;: fhy;rpak; tpfpjk; : 0.5
14. jz;zPu; tif : C1S1R1 (Nrhbak; ig fhu;gNdl; tif ePu;) Gupe;Jiu: jhq;fs; Ma;tpw;F nfhLj;Js;s ePu; midj;Jg; gapu;fSf;Fk;
Vw;GilaJ.
%j;j Ntshz;ik mYtyu;> elkhLk; kz; gupNrhjid epiyak;
ehfu;Nfhtpy;
WATER SAMPLE - 2 jkpo;ehL muR Ntshz;ikj;Jiw elkhLk; kz; gupNrhjid epiak;
ehfu;Nfhtpy;
ghrd ePu; khjpup - tpupthd Ma;T KbT tptrhapapd; ngaUk;> KftupAk;> Ma;tf vz;. Mr. Vargheess S/o. Mathayee. Thiruparappu. WS-56 ru;Nt vz;: 205 Ma;twpf;if
1. fhu mkpy epiy(gp.vr;.) : 5.60
2. fiuAk; cg;Gfs; (<.rp) : 0.09 nlrprPkd;];/kP
3. fhu;gNdl; : 0.00 kpy;yp <f;tyz;l; / ypl;lu;
4. ig fhu;gNdl; : 0.50 kpy;yp <f;tyz;l; / ypl;lu;
5. FNshiuL : 0.40 kpy;yp <f;tyz;l; / ypl;lu;
6. ry;Ngl; : 0.00 kpy;yp <f;tyz;l; / ypl;lu;
7. Rz;zhk;G : 0.30 kpy;yp <f;tyz;l; / ypl;lu;
8. kf;dPrpak; : 0.20 kpy;yp <f;tyz;l; / ypl;lu;
9. Nrhbak; : 0.37 kpy;yp <f;tyz;l; / ypl;lu;
2410. nghl;lhrpak; : 0.05 kpy;yp <f;tyz;l; / ypl;lu;
11. vQ;rpAs;s Nrhbak; fhu;gNdl; : 0
12. Nrhbak; cwpQ;Rk; tpfpjk; : 0.74
13. kf;dPrpak;: fhy;rpak; tpfpjk; : 0.67
14. jz;zPu; tif : C1S1R1 (Nrhbak; ig fhu;gNdl; tif ePu;) Gupe;Jiu: jhq;fs; Ma;tpw;F nfhLj;Js;s ePu; midj;Jg; gapu;fSf;Fk; Vw;GilaJ.
%j;j Ntshz;ik mYtyu;> elkhLk; kz; gupNrhjid epiyak;
ehfu;Nfhtpy;
WATER SAMPLE - 3 jkpo;ehL muR Ntshz;ikj;Jiw elkhLk; kz; gupNrhjid epiak;
ehfu;Nfhtpy;
ghrd ePu; khjpup - tpupthd Ma;T KbT tptrhapapd; ngaUk;> KftupAk;> Ma;tf vz;. Mr. Rajamani S/o. Ponnaiyan. Sooriyakode. WS-40 Thiruparappu.
ru;Nt vz;: 316/15 Ma;twpf;if
1. fhu mkpy epiy(gp.vr;.) : 5.90
2. fiuAk; cg;Gfs; (<.rp) : 0.18 nlrprPkd;];/kP
3. fhu;gNdl; : 0.00 kpy;yp <f;tyz;l; / ypl;lu;
4. ig fhu;gNdl; : 0.40 kpy;yp <f;tyz;l; / ypl;lu;
5. FNshiuL : 1.40 kpy;yp <f;tyz;l; / ypl;lu;
6. ry;Ngl; : 0.00 kpy;yp <f;tyz;l; / ypl;lu;
7. Rz;zhk;G : 0.50 kpy;yp <f;tyz;l; / ypl;lu;
8. kf;dPrpak; : 0.30 kpy;yp <f;tyz;l; / ypl;lu;
9. Nrhbak; : 0.97 kpy;yp <f;tyz;l; / ypl;lu;
10. nghl;lhrpak; : 0.09 kpy;yp <f;tyz;l; / ypl;lu;
11. vQ;rpAs;s Nrhbak; fhu;gNdl; : ,y;iy
12. Nrhbak; cwpQ;Rk; tpfpjk; : 1.53
13. kf;dPrpak;: fhy;rpak; tpfpjk; : 0.6 25
14. jz;zPu; tif : C1S1R1 (Nrhbak; fhu;gNdl; tif ePu;) Gupe;Jiu: jhq;fs; Ma;tpw;F nfhLj;Js;s ePu; midj;Jg; gapu;fSf;Fk; Vw;GilaJ.
%j;j Ntshz;ik mYtyu;> elkhLk; kz; gupNrhjid epiyak;
ehfu;Nfhtpy;
OBSERVATION:
The Tamil Nadu Agriculture department mobile soil testinglaboratory certified that the water samples are suitable for all type of agriculture crops collected in and around the questionable unit.
SOIL SAMPLE:
Soil samples are collected in and around of questionable unit and send to analysis to agriculture department for checking suitability of soil.
Two soil samples are taken and sent to the Soil Testing Laboratory for analysis Nagercoil @ Thirupathisaram. The results of analysis of soil sample testing for suitablity of agriculture is furnished by agriculture department as follows Sl. No. Parameter Sample - 1 Sample - 2
1. EC 0.23 0.37
2. pH 5.6 5.47
3. Organic Carbon (%) 0.54 0.68 26
4. Nitrogen (kg/ac) 107.8 116.2
5. Phosphorous (kg/ac) 6.68 17.82
6. Potassium (kg/ac) 38.5 294.7
7. Iron (Fe) 17.254 49.80
8. Manganese (Mn) 15.556 23.1
9. Zinc (Zn) 0.62 2.362
10. Copper (Cu) 0.414 3.326 Sl. No. Range of EC Quality of the soil 1 0-1.0 ds/m Good 2 1.01-3 ds/m Medium 3 Above 3 ds/m Injurious for crop Sl.No Range of pH Quality of the soil 1 Below 6.0 Acid Soil 2 6.0 - 8.5 Normal 3 Above 8.5 Alkaline 34 NOTE: The nature of soil in Thiuruvattar block comprising of Thirparappu village is naturally acidic and water is also in good condition for irrigation purpose. The major cultivation crop is Rubber which is an acid soil loving crop and the soil sample result copies of the adjacent villages are enclosed shows the same trend as in Thriuparappu Village. The result of analysis and recommendation of Tamil Nadu Agriculture Department is given in Annexure I. SOIL CHARACTERSTIC OF EC OF TIRUPARAPPU IS SHOWN BELOW 27 Rating for Electrical Conductivity as per the Department Of Agriculture, Tamilnadu Observation: Tiruparappu Village soil EC values comes under Normal class so which is suitable for cultivation.
35
SOIL CHARACTERSTIC OF pH OF TIRUPARAPPU IS SHOWN BELOW Rating for pH as per the Department Of Agriculture, Tamilnadu 28 The above observation from the pH Map indicated that soil Quality of Tiruparappu is only in acidic nature and surrounding village soil also nature of acidic so there is no damage to agriculture activity due to discharge of effluent from the questionable unit.
3 6REPORT OF ANALYSIS OF THE TRADE EFFLUENT COLLECTED FROM OTHER TWO UNITS LOCATED NEARBY THE QUESTIONABLE UNIT PARAMETERS TEST METHOD OF UNI SAMPLE NUMBER ANANLYSIS T 3 4 (M/s (M/s Babu Chelladurai Rubber) Rubber) nd 1 pH @ 25° C APHA 22 Edt 2012, --- 5.08 5.33 + Part No. 4500 H nd 2 Total Suspended Solids APHA 22 Edt2012, mg/L 1496 814 Part No. 2540 D nd 3 Total Dissolved Solids APHA 22 Edt 2012, mg/L 7074 10110 Part No. 2540 C nd 4 Chlorides (as Cl) APHA 22 Edt 2012, mg/L 306 204 Part No. 4500 CI B nd 5 Sulphate (as So4 ) APHA 22 Edt 2012, mg/L 77.9 50.3 Part No. 4500 SO4 E nd 6 Oil & Grease APHA 22 Edt 2012, mg/L 10 20 Part No. 5520 B 29 7 BOD for 3 days @ 27° C SI 3025:(Part 44)1993 mg/L 3920 7640 nd 8 COD APHA 22 Edt 2012, mg/L 9200 18080 Part No. 5220 B nd 9 Ammonical Nitrogen APHA 22 Edt 2012, mg/L 1653 6227 Part No. 4500-NH3C nd 10 Total Nitrogen APHA 22 Edt 2012, mg/L 280 492 Part No. 4500 N.org OBSERVATION: The above result of analysis indicated that the main pollutants are acidic and ammoniacal derivatives which exceeds the limit.
37INTERPRETATION OF RESULTS OF ANALYSIS OF CONTAMINATED WATER SAMPLES AND LINKAGE OF INDUSTRIES:
The raw materials used in rubber units are formic acid for coagulation of natural rubber latex. Then ammonia is used as preservative. The possible contamination of ground water is due to leaching of these effluents which contain acid and ammonium derivatives. The core parameters and drinking water parameters are analysed and shows normal except acidity and ammonium derivatives which confirms that the questionable unit's effluent leaching to the adjacent well which contaminated the ground water.
Recommendation of the Joint Committee The Joint committee consisting of the District Collector (i/c), Kanniyakumari District, Agriculture Dept. officials, Expert Member and TNPCB officials inspected the unit and its affected surrounding area. On field inspection, the committee observed different scenario in the field. In almost every house, rubber trees are found and manufacturing latex rubber sheet as small cottage units are also found. The said rubber latex units 30 discharge the washings in the backyard of the house /shed in very meagre quantity which is around 50 to 100 litres per day.
Due to high rainfall in the area there is no significant pollution load is observed in that area. However, the petitioner and the local public point out the questionable unit which generates higher quantity of effluent which is discharged without any treatment.
In connection with the questionable unit, TNPCB has issued closure direction for operating the unit without valid Consent of the Board under Water (P&CP) Act 1974 and Air (P&CP) Act 1981. The Joint Committee also recommends to close and relocate the industries from residential area to the suitable non residential area. The committee observed that there is no cultivation practice except rubber trees. So the environmental impact assessment of agriculture damage in this area is not arised due to the questionable unit.
Accordingly, the Joint Committee arrives the following based on the above facts:
1) The questionable unit does not make any appreciable damages on soil and water environment with respect to agricultural purposes.
However, the unit is located amidst residences and the operation of the unit causes the nearby ground water samples exceeding the standards prescribed for portable water standards.
2) Rain fall data shows that this village receives high rain fall and contamination due to discharge by the trade effluent generated from the rubber latex unit will be automatically reversed to normal position towards portability due to the natural remedial measures. And so remedial measures for the reclamation of the said site does not arise.
3) To assess the environment compensation for restoration of damage caused to the environment will not arise present and in future, as the major cultivation is rubber trees which are acid loving nature. As the trade effluent from the questionable unit 31 does not alter appreciable negative impact for the soil, ground water etc., the environmental compensation for the restoration of damage does not arise.
In support of the above facts and observation in the field, the petitioners and village representatives submitted the hand written undertaking which says that there is no cultivation except rubber trees. The villagers mentioned that they don't prefer any compensation and pleaded the Joint Committee to close and relocate the questionable unit to prevent pollution in future. The letter is attached for ready reference to Honourable NGT (ANNEXURE- II). So, the present problem and future apprehensions will be avoided, if the questionable unit is closed and relocated as per environmental laws"
12. On the basis of the further directions given by this Tribunal as per the report submitted, the Tamil Nadu State Pollution Control Board has filed further status report on 11.09.2020 which reads as follows:
"STATUS REPORT FILED ON BEHALF OF THE 1ST AND 2ND RESPONDENTS - TAMIL NADU POLLUTION CONTROL BOARD.
I, R. Ramasubbu, son of V. Ramasamy, Hindu, aged about 57 years, having office at No.76, Mount Salai, Guindy, Chennai-600 032, do hereby solemnly affirm and sincerely state as follows:-
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board and I am filing this Status Report on behalf of the 1st & 2nd Respondents Board and as such I am well acquainted with the facts of the case as per records. 32
2. It is respectfully submitted that the Hon'ble NGT (SZ) has passed order dated 06.07.2020 and directed inter alia as follows:-
"Pollution Control Board as well as counsel for respondents 8 to 11 are directed to submit status report regarding the action taken on the basis of the joint committee report and also on the basis of the closure order respectively before this Tribunal".
3. It is respectfully submitted that in earlier the following actions were taken by the TNPC Board based on the inspection of the Joint Committee:
i. The 8th respondent unit of M/s Alben Rubbers located at S.F. No. 350/8A, 2A, Thirpparappu Village, Kalkulam Taluk, Kanyakumari District was issued with directions for closure and disconnection of power supply vide Board Proc. No. T1 / TNPCB / F.001628 / OS / NGL / W&A / 2020 dated 22.01.2020 and also TNEB power supply was disconnected on 23.01.2020.
ii. During subsequent inspection on 06.02.2020, it was noticed that in the event of power supply disconnected to the unit, the unit of M/s. Alben Rubbers was found operating the grading and bundling operations and also learnt from the nearby public that the unit is operating the smoke houses between 9.00 pm and 6.00 am as the above said operations does not require electric power.
4. It is respectfully submitted that, Board vide its Proceeding No. T1/TNPCB /F.001628/OS/NGL/2020 dated 26.02.2020 had issued directions to the District Collector, Kanyakumari District to seal the machineries / smoke houses of the said unit. Accordingly, the smoke houses/machineries were sealed on 16.03.2020 by the Tahsidhar, Thiruvattar Taluk, Kanyakumari District in presence of TNPCB officials.
5. It is further submitted that during joint committee inspection, the following similar units namely 1). M/s Babu 33 Rubber, Kamoor, Thirparappu village, Kalkulam Taluk, Kanyakumari District and 2). M/s. Chelladurai Rubber, Kamoor, Thirparappu village, Kalkulam Taluk, Kanyakumari District were found operated near to the unit of M/s.Alben Rubbers without the consent of the Board, even though no complaints were received against the said units. Hence the above said two units were issued with show cause notices vide Proceeding dated 14.01.2020 and subsequently closure orders were issued to the said units vide Board's Proc. No. T5/TNPCB/F-003588/NGL/W&A/2020-1 dated 07/03/2020 and T5/TNPCB/F-003588/NGL/W&A/2020-3 dated 07/03/2020 respectively. The TNEB power supply to the unit of M/s Babu Rubber was disconnected on 12.03.2020 and TNEB has informed that TNEB power supply was not given to M/s. Chelladurai Rubber unit for its industrial activity.
Further, based on the recommendations of the DEE, Nagercoil, the Board has issued directions to the District Collector, Nagercoil vide Board's Proc. No. T1 / TNPCB / F. 003588 / NGL / 2020 dated 20.03.2020 for sealing the unit's premises of Ms/. Chelladurai Rubber. Accordingly, District Collector, Kanyakumari in his letter dated 21/08/2020 has instructed concerned Tahsidhar to seal the smoke houses of the unit. Sealing of the unit is yet to be effected by the District Administration.
6. It is further submitted that, subsequently 9 Nos. of similar units in the vicinity of M/s Alben Rubbers as detailed below were found operated without the consent of the TNPC Board were also issued with show cause notices on 04/02/2020 under Water (P & CP) Act, 1974 and Air (P & CP) Act, 1981.
1. M/s. Nelson Rubber, Kamoor, Kalkulam Taluk, Kanyakumari District 34
2. M/s. George Rubber, Semmankalavilai, Kalkulam Taluk, Kanyakumari District
3. M/s. Ramesh Rubber, Pinanthode, Kalkulam Taluk , Kanyakumari District
4. M/s. Sam Singh Rubber, Kamoor, Kalkulam Taluk, Kanyakumari District
5. M/s. Ravi Rubber, Kamoor, Kalkulam Taluk, Kanyakumari District
6. M/s. J.B. Xavier Rubber, Kamoor, Kalkulam Taluk, Kanyakumari District
7. M/s. Muthuswamy Rubber, Kamoor, Kalkulam Taluk, Kanyakumari District
8. M/s. Murugan Rubber, Semmankalavilai, Kalkulam Taluk, Kanyakumari District
9. M/s. Soman Nair Rubber, Kamoor, Kalkulam Taluk, Kanyakumari District Further, based on the recommendation of the DEE, TNPCB, Nagercoil, the TNPC Board vide Proc. No. T1 / TNPCB / F.014837 / NGL / W&A / 2020 dated 21.08.2020 had issued closure direction, disconnection of power supply and sealing orders under Section 33A of Water (P & CP) Act, 1974 and under Section 31A of Air (P & CP) Act, 1981 to the above said 9 units.
In this regard, TNEB power supply to the unit of M/s Ramesh Rubber and M/s George Rubber were disconnected on 28.08.2020 and TNEB power supply to the unit of M/s Samsingh Rubber and M/s Nelson Rubber were disconnected on 29.08.2020.
TNEB has also informed that there are no TNEB service connection were given to the units of M/s Ravi Rubber, M/s J.B.Xavier Rubber, M/s Muthuswamy Rubber, M/s Murugan Rubber and M/s Soman Nair Rubber and hence power supply to these units were not disconnected.
357. It is also submitted that District Collector, Kanyakumari in his letter dated 02/09/2020 has instructed concerned Tahsidhar to seal the premises of all the 9 units as directed by the Board. Sealing of all the 9 units were yet to be effected by the District Administration.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to take this Report on record and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
13. It is seen from the further status report that the Tamil Nadu State Pollution Control Board has inspected the other units and also taken up appropriate action against all the similar units which are involved in similar activities. Further, the closure order have been issued against those units as well.
14. It is also seen from the report that the District Collector had also issued sealing order to the Tashildar vide letter dated 02.09.2020. But according to the report the sealing of the unit is yet to be effected by the District Administration.
15. 11th respondent had already filed an appeal against the order of closure issued by the Tamil Nadu State Pollution Control Board before the appellate authority and the same is 36 pending. Since other units are not party to the proceedings and the Tamil Nadu State Pollution Control board had already initiated proceedings and closure orders have been issued and request has been made to the district administration to seal the industries, it is not necessary to consider those aspects in this application as they are not party to the proceedings. They can work out the remedy against the orders passed by the Tamil Nadu State Pollution Control Board before the appropriate authority in accordance with law.
16. So in view of the action taken by the Tamil Nadu State Pollution Control Board on the basis of the allegations made by the applicant in this application there is nothing survives in this matter. So the above report of the Tamil Nadu State Pollution Control Board and the Joint Committee can be recorded and the application can be disposed of with the above observation.
17. So the application is disposed of accepting the report of the Joint Committee and also the status report submitted by the respondents 1 and 2 namely, the Tamil Nadu State Pollution Control Board with liberty for the affected parties on 37 account of the proceedings initiated by the Tamil Nadu State Pollution Control Board to agitate the same before appropriate forum, in accordance with law.
18. The application is disposed of accordingly.
19. The parties are directed to bear the respective cost in the application.
....................................J.M. (Justice K. Ramakrishnan) ............................E.M. (Shri. Saibal Dasgupta) O.A. No.22/2019(SZ) 11th September 2020. Sr. 38