National Green Tribunal
Suo Motu vs Government Of Karnatakarep By Its Chief ... on 23 September, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 54 of 2016 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Suo Motu based on the news item published in
The Hindu dated 08.03.2016 titled
"Lake in heart of Bengaluru City turns"
Graveyard for fish". ... Applicant(s)
Versus
Government of Karnataka,
Rep. by its Chief Secretary,
Bengaluru and Ors. ...Respondent(s)
Date of hearing: 23.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Moty by Court.
For Respondent(s): Mr. Rajat Jonathan Shaw represented
Mr. Darpan K.M. for R1, R2.
Ms. Ojas Sivakumar represented
Mr. M.R. Gokul Krishnan for R3.
Mr. T.V. Sekar for R4.
Mr. R. Thirunavukarasu for CPCB.
ORDER
1. As per order dated 12.08.2021, this Tribunal had considered the joint committee report dated 10.08.2020 and extracted the same in Para 4 of the order and then, passed the following order:-
"6. It is seen from the report that there certain steps have been taken and for completion of the sewage regulations schemes undertaken by them, they wanted time up to December 2021.
7. The learned counsel appearing for the Central Pollution Control Board (CPCB) submitted that they wanted four weeks time to file their report. We have also received an e-mail request dated 10.08.2021 from the counsel appearing for the Central Pollution Control Board for the same purposes.
8. The counsel appearing for the Karnataka State Pollution Control Board (KSPCB) also submitted that they have already initiated proceedings against the violators and if some time is granted, they may be able to come with the detailed report regarding the further action taken report and also the improvement, if any, happened in this Lake and after the action taken by the 4th respondent as well as by the Karnataka State Pollution Control Board (KSPCB).
9. The above officials are directed to file the respective reports to this Tribunal on or before 17.09.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
10.The Registry is directed to communicate this order to the member of the joint committee, 4th respondent, Karnataka State Pollution Control Board (KSPCB), including the Chief Secretary, State of Karnataka and also the Principal Secretary for Environment and also Municipal Administration for their information and for taking appropriate action for compliance of the direction of this Tribunal."
2. The case was originally posted to 17.09.2021 for consideration of further reports. Thereafter, the matter has been adjourned to today by notification dated 17.09.2021.
3. We have received the Joint Committee report signed by three members with date 16.09.2021, e-filed on 16.09.2021 and received on 20.09.2021 which reads as follows:-
"REPORT OF THE JOINT COMMITTEE SUBMITTED BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI IN THE MATTER OF O. A. 54 OF 2016 (SZ) (SUO MOTU BY NGT V/s. GOVT. OF KARNATAKA AND OTHERS) REGARDING POLLUTION AND MASSIVE FISH DEATH CAUSED IN ULSOOR LAKE, BENGALURU DUE TO INDISCRIMINATE DISCHARGE OF SEWAGE 1.0 PREAMBLE The Original Application (O.A.) 54 of 2016 (SZ) is a Suo Motu case taken by the Hon'ble National Green Tribunal (NGT), South Zone, Chennai based on the news item published in "The Hindu" dated 08/03/2016 titled "Lake in heart of Bengaluru city turns graveyard for fish". In continuation, Bruhat Bengaluru Mahanagara Palike (BBMP) filed Interlocutory Application (I.A.) 28 of 2019 (SZ) to implead them as additional respondent stating that they are the persons who are in charge of development and maintenance of Ulsoor Lake.
In view of above, the Hon'ble NGT, Southern Zone, Chennai vide Order dated 19/02/2020 directed the following "(9) ..... it is appropriate to appoint a Joint Committee comprising of the Deputy Commissioner of Bengaluru (Urban), Senior scientist from Regional Office of Central Pollution Control Board (CPCB), Bengaluru, Karnataka State Pollution Control Board (KSPCB) and the Commissioner, Bruhat Bengaluru Mahanagara Palike (BBMP) to inspect the area in question and find out the source of pollution and persons who are responsible for causing pollution, whether the additional fourth respondent had taken any steps to implement the recommendations made by the KSPCB in their reply filed before this Tribunal on 26/09/2018, the present stage of the lake and also suggest the remedial measures to be taken to restore the lake to its original position, in respect to sewage treatment and dumping of garbage and illegal encroachments if any, in the lake.
(13) Central State Pollution Control Board will be the nodal agency for co-ordination and for providing the necessary logistics for this purpose".
In compliance to the above order, the Joint Committee comprising of the following members was constituted:
S. No. Name of Member Department
1. Sh. G. Thirumurthy Regional Directorate
Additional Director Central Pollution Control Board
Bengaluru
2. Sh. S. Madhusudhan Karnataka State Pollution Control Board
Senior Environmental Officer - Bengaluru
Bengaluru City
3. Sh. K. Ravi Bruhat Bengaluru Mahanagara Palike
Executive Engineer (Lakes) Bengaluru
4. a) Sh. Shivraju, KAS Deputy Commissioner Office
Tahsildar - Bengaluru North DC Office Bengaluru Urban
Bengaluru
b) Sh. Dayananda Bandari KAS
Asst. Commissioner -
Bengaluru North
Based on the field inspection, analysis results of wastewater, groundwater and surface water samples collected and verification of the official documents furnished by the concerned departments, the Joint Committee submitted a detailed report dated 10/08/2020 to the Hon'ble NGT.
The Hon'ble NGT considered the Joint Committee report vide order dt 10/06/2021 directed the following (Annexure 1):
"(4) Both the counsel appearing for the State respondents and Pollution Control Board wanted some more time to file further action taken report as directed by this Tribunal.
The committee also wanted some more time for filing further progress report regarding the implementation of the recommendations and suggestions made by them by the respective regulators.
(5) Considering the circumstances, we feel that some more time can be granted to the committee as well as to the official respondents to file their respective further progress report and action taken report."
Consequent of transfer of Sh G Thirumurty, CPCB, Sh. S. Madhusudhan, KSPCB and Sh. Shivraju, Tahsildar - Bengaluru North the following officials were nominated from the respective departments to the Joint Committee:
S. Name of Member Department No.
1. Smt Sowmya D Regional Directorate Scientist D Central Pollution Control Board Bengaluru
2. Sh. B S Murulidhara Karnataka State Pollution Control Board Senior Environmental Officer - Bengaluru Bengaluru City
3. Sh. K. Ravi Bruhat Bengaluru Mahanagara Palike Executive Engineer (Lakes) Bengaluru
4. Sh. Balakrishna, KAS Deputy Commissioner Office Tahsildar - Bengaluru North DC Office Bengaluru Urban Bengaluru
2. STATUS OF MEASURES IMPLEMENTED AS PER JOINT COMMITTEE RECCOMENDATIONS In compliance to the order, as per the decision of the Joint Committee, the Nodal Agency, CPCB addressed letters dt 02/07/2021 to the concern officers of Madras Engineering Group & Centre (MEG), BBMP- Strom Water Drain (SWD), BBMP - Lakes, Bengaluru Water Supply and Sewerage Board (BWSSB) and KSPCB to furnish the information to verify the compliance. The Joint Committee members conducted a meeting on 12/07/2021 at CPCB, Regional Directorate, Bengaluru with the officials of BBMP - SWD, BBMP - Lakes, BWSSB and KSPCB and reviewed the status of implementation of the recommendations made by the Joint Committee in the report dt 10/08/2020.
On 28/07/2021 and 03/08/2021, the Joint Committee members along with officials of concerned departments inspected Ulsoor lake and STPs, ETP, Storm Water Drain in the catchment and verified the measures implemented by concerned departments to comply with the recommendation of the Joint Committee. During the inspection, wastewater samples from the outlet of 2 MLD STP operated by BWSSB at Ulsoor Lake and 100 KLD STP operated by Madras Engineering Group & Centre were collected with the help of CPCB and KSPCB staffs. The water samples were collected from three locations at Ulsoor lake and combined storm water drain C-100 near Gurudhwar. The water and wastewater samples collected were analysed at Central Laboratory, KSPCB, Bengaluru and sample of storm water drain was analysed at Laboratory of CPCB, Regional Directorate, Bengaluru for the parameters such as pH, Total Dissolved Solids (TDS), Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD and Fecal Coliforms (FC). Subsequently, Joint Committee meeting was held at CPCB, regional Directorate, Bengaluru on 06/09/2021 and reviewed the measures implemented by concerned departments.
The status of measures implemented by stakeholder departments as per the recommendations and suggestions in the Joint Committee report dt 10/08/2020 are as follow:
Status of measures implemented by Bengaluru Water Supply and Sewerage Board(BWSSB) Sl Suggestions of the Joint Committee Measures implemented in the report dt 10/08/2020 1 To operate the existing STP of 2 1. During the inspection by the Joint Committee MLD at its full capacity with a on 28/07/2021, the STP was operating at 1.8 compliance to the discharge MLD capacity. The daily flow meter readings Standards, so that additional 0.5 MLD recorded by BWSSB during June and July, can be discharged to Ulsoor Lake, 2021 were verified. It is observed that from may adequate to maintain loss of 01/06/2021 to 08/07/2021, STP was operated water due to evaporation, infiltration at an average capacity of 0.9 MLD and in the etc. range 0.94 MLD to 1.52 MLD.
2. During 09/07/2021 to 27/07/2021, the STP was operated in the range of 1.7 to 1.9 MLD capacity and average capacity of treatment was 1.84 MLD. The records of flow meter readings at the outlet of the STP form 01/06/2021 to 27/07/2021 is enclosed at Annexure 2.
3. It is reported by the BWSSB that remaining 0.20 MLD of sewage will be treated in the STP by modifying the inlet arrangements within one month i,e 31/08/2021(Annexure 3).
The recommendations of the Joint Committee are partially complied.
4. Every month, KSPCB is monitoring the quality of treated sewage discharged from the outlet of the STP. The grab sample was collected at the outlet of the STP on 28/07/2021 in presence of Joint Committee members and samples were analysed at KSPCB Laboratory.
The analysis results of the treated sewage collected from the STP on 01/03/2021, 01/04/2021, 03/05/2021 by KSPCB and during Joint Committee visit on 28/07/2021 are as follow (Annexure 4):
Concentrations in treated wastewater at the outlet of Parameter Standard the STP 01/03/2021 01/04/2021 03/05/2021 28/07/2021 pH@25˚C 5.5-9.0 7.0 7.4 7.8 7.2 BOD (3days @ < 10 5.0 6.2 5.0 5.0 27˚C)(mg/L) COD (mg/L) < 50 55 54.5 67 35 TSS (mg/L) < 20 12 2.0 6.0 8.0 Ammonical <5 27.1 2.74 3.0 1.0 Nitrogen (mg/L) Total Nitrogen < 10 37.0 5.69 7.0 3.0 (mg/L) Less than Fecal Coliform 100 27 x 10⁴ 33 x 10³ 23 x 10³ 14 x 10³ (MPN/100 ml) The results show that the treated sewage is not complying with the discharge standards with reference to COD and Fecal coliform. The recommendations of the Joint Committee are not complied. 2 To identify all the missing links and 1. In order to prevent sewage flow into storm illegal discharge of wastewater into water drain, BWSSB proposed to install 20 storm water drain and also to works under wastewater management zone complete all the works taken up with and 16 works under maintenance zone to respect to upgradation / rehabilitation upgradation / rehabilitation of sub mains and of sub mains and lateral sewer lines lateral sewer lines. The list of works by December 2020, as committed to undertaken by BWSSB are enclosed at stop 17 MLD flowing in the Storm Annexure 5. Water Drains during dry weather.
2. It was reported by BWSSB that as on 31/06/2021 out of 36 works, 34 works were completed and remaining 2 works are proposed to complete before December 31, 2021 by maintenance Zone.
3. On 3/08/2021, the Joint Committee members from CPCB and KSPCB visited the site and verified the status of compliance and observed that 34 works were completed.
4. The flow in the combined storm water drain (C- 100) at downstream of Ulsoor lake near Gurudhwar was monitored by the officials of BWSSB using float method in presence of committee members during dry weather on 3/08/2021. The details of the flow are enclosed at Annexure 6 and photographs at Figure 1 & 2. The average flow in the storm water drain during day time is 5.18 MLD.
This shows that there is reduction of approximately 12 MLD of sewage discharged to the storm water drain.
5. The grab sample of water was collected from the storm water drain on 3/08/2021 and analysed at CPCB laboratory (Annexure 7).
The analysis results are as follow:
Parameter Concentration pH@25˚C 7.6 BOD (3 days, 27˚C) (mg/L) 69 COD (mg/L) 114 TDS (mg/L) 368 TSS (mg/L) 26 The analysis result shows that partially
treated/untreated sewage is mixed in the storm water drain.
The recommendations of the Joint Committee are partially complied.
3 To ensure the implementation of 1. BWSSB vide notification No. Notification No. FEE 316 EPC 2015, BWSSB/C/CAO-S/4138/2015-16, Bengaluru dated 19.01.2016 issued by Forest, dt 25/02/2016 and amended vide notification Ecology & Environment Secretariat No.BWSSB/CAO-S/ 5008 /2017-18 dt w.r.t. installation of STP and reuse of 21/2/2018, mandated installation of STP and Treated Sewage. Dual Piping System in following buildings as per Regulation 4A of Bengaluru Sewage Regulation (Annexure 8):
"No water supply or sewerage connection shall be granted by the Board on the application of owner or builder or occupier of new Building Projects, unless sewage treatment plant is established and facilities for reuse of treated effluent by providing dual piping system one for toilet flushing purpose and the other for all purposes in respect of;
i. Residential buildings consisting of 20 and above apartments or measuring 2,000 m2 and above whichever is lower; or ii. Commercial building measuring 2,000 m2 and above; or iii. Buildings of educational institutions measuring 5,000 m2 and above."
2. The BWSSB reported that 34 numbers of buildings have installed individual STP as 31/06/2021 (Annexure 3). The details of numbers of building in the catchment of Ulsoor lakes mandated to install STPs are not furnished by BWSSB.
The recommendations of the Joint Committee are partially complied.
4 To ensure the implementation of 1. As per the Bengaluru Water Supply and BWSSB (Rain Water Harvesting) Sewerage Act, 2010-72A, every owner or Regulations 2010 and subsequent occupier of a building having site area of not amendments w.r.t providing rain less than 216 m2 or every owner who propose harvesting structure by the owner or to construct a building on a site area of not less occupier of the residential building. than 108 m2 shall provide the rain water harvesting structure for use or ground water recharge (Annexure 3).
2. BWSSB reported that around 1661 numbers of buildings have implemented the rain water harvesting system as on 31/06/2021. Further the details of numbers of building in the catchment of Ulsoor lakes mandated to install rainwater harvesting system are not furnished by BWSSB.
The recommendations of the Joint Committee are partially complied.
5 To avoid laying of Under Ground BWSSB reported that UGD line are laid in Buffer Drainage (UGD) lines & manholes zone, if Buffer zones are available along the within Storm Water Drains and also to SWD. In case if there is no space, the UGD lines execute work with an approval of are laid inside SWD after obtaining approval by BBMP - Storm Water Drain Division. BBMP -SWD (Annexure 3).
During the inspection of the Joint Committee on 03/08/2021, it was observed that UGD lines were laid in the buffer zones and at a few sites, where space in buffer zones were not available, UGD lines were laid inside the SWD.
The recommendations of the Joint Committee are complied.
Status of measures implemented by Bruhat Bengaluru Mahanagara Palike (BBMP) Sl Suggestions of the Joint Committee Measures implemented in the report dt 10/08/2020 1 To remove accumulated floating 1. During the visit on 28/07/2021, the Joint debris / solid waste from wetland and Committee observed that floating debris/solid main water body of Ulsoor Lake. waste from wetland and lake were removed.
Lake and wetland are regularly maintained. A small quantity of debris were observed in the wetlands (Figure 3 & 4). It was reported by BBMP that the debris and floating material enters the lake during wet weather/rainfall through overflow from the storm water drain.
2. The accumulated floating debris/solid waste from wetland and main water body of Ulsoor Lake are removed by BBMP. It was observed that the records of quantity of floating debris/ solid waste removed from wetland are not maintained.
The recommendations of the Joint Committee are complied.
2 To provide / install appropriate screen 1. The screens at regular interval in primary to arrest entry of floating matter at drains and outlet of secondary drains to each stage i.e. Secondary drain to primary drains are not installed. Primary drain, at regular interval may
2. Silt traps in primary and secondary drains are be of 1000 m in Primary drain. Also to not installed.
develop system to remove accumulated debris from the screen on 3. Pilot drains are not provided in the drain bed. regular interval to protect and improve its functionality, also ensure disposal The recommendations of the Joint Committee are of debris removed to SWM processing not complied. facility. In addition, a section of 0.8 M 4. As per the records of BBMP, annual width and 0.6 M depth pilot drain maintenance contract for removal of debris and shall be constructed at the middle in silt from SWD is given to a firm M/s Yoga & all primary and secondary drains to Co, Bengaluru for 3 years vide work order dt carry dry weather flow and will help 09/04/2019. The copy of the work order is in collecting / removing solid waste. enclosed at Annexure 9. The records of silt BBMP may explore deputing removed and disposed are not maintained by scavengers for supervising and BBMP.
removing of solid wastes from the
5. Marshalls were appointed in 198 wards of drains. To provide silt traps at BBMP to monitor and avoid disposal of solid appropriate locations in the primary waste into SWD. The copy of the work order and secondary drains to avoid dt 28/12/2020 furnished by BBMP is enclosed carryover of silts to the Lakes and at Annexure 10 and it shows contract period easy removal from the drains too.
was expired on 01/01/2021. The work order or records for existing contract are not furnished to the Joint Committee.
The recommendations of the Joint Committee are partially complied.
3 The existing screen provided to arrest 1. During the visit of the Joint Committee on entry of floating debris into wetland 28/07/2021, it was observed that the screen found inadequate and BBMP has provided to arrest entry of floating debris into planned to install floating screen for wetland is replaced with 24m wide floating the same. The committee of the barrier (Figure 5 & 6). opinion that the entry of water during The recommendation of the Joint Committee is wet weather is nothing but a diluted complied.
wastewater /sewage and carries lot of organic wastes along with it. The
2. The existing weir is not replaced with sluice existing treated sewage from BWSSB gates to stop entry of diluted sewage into the STP (2 MLD) and MEG STP (100 wetland and Ulsoor Lake.
KLD) may be adequate to maintain the water level of Ulsoor Lake. So, it 3. As per the records furnished by BBMP, is suggested to replace the existing under 15th finance Commission pertaining to weir with sluice gates to stop entry of solid waste management infrastructure diluted sewage into wetland / Ulsoor development in BBMP jurisdiction, provision Lake. of Rs. 400.00 lakhs is made in the Action plan to provide trash barriers for selected lakes to avoid the solid waste entering into the lakes. The copy of 15th finance Commission Action plan highlighting the provision made for installing trash barriers is enclosed at Annexure 11.
4. The floating debris in the wetland and characteristic of water in storm water drain and lake, indicates that during wet weather and rainfall, overflow of storm water drain carrying diluted wastewater /sewage is discharged to the wetland.
The recommendations of the Joint Committee are not complied.
4 The treated water from STPs shall be During the visit of the Joint Committee on discharged into wetland structure after 28/07/2021, it was observed that the treated complete cleaning to act as polishing wastewater from STP is discharged into a wetland process for removal of remaining prior to the main course of lake (Figure 7).
suspended solids and biological oxygen demand making the water The recommendation of the Joint Committee is more hygienic and environmentally complied. safe before release in to main course of Lake.
5 To provide Cascade Aerators for 1. During the visit of the Joint Committee on discharging treated sewage into 28/07/2021, it was observed that cascade wetland helps in removing odour due aerators for discharging treated sewage are not to Hydrogen Sulfide, if any. Also installed.
micro bubblers and fountains may be
2. As per the records furnished by BBMP, under planned by ensuing available D.O., if 15th finance Commission pertaining to solid required. waste management infrastructure development in BBMP jurisdiction, provision of Rs. 400.00 lakhs is made in the Action plan for installation of diffused aerator systems in Ulsoor. The copy of 15th finance Commission Action plan highlighting the provision made for installing trash barriers is enclosed at Annexure 12.
The recommendations of the Joint Committee are not complied.
6 To install online monitoring system to 1. The online monitoring system to assess the assess the water quality of Ulsoor water quality of Ulsoor Lake on real time Lake on real time monitoring basis at monitoring basis is not installed. appropriate location. Until installation of online system, BWSSB may start 2. BWSSB is not monitoring water quality monitoring pH, DO and Temperature parameters such as pH, DO and Temperature of on daily basis along with STP Ulsoor lake on daily basis. Records of monitoring records. monitoring were not furnished to the Joint Committee members.
3. Online effluent monitoring system at outlet of the STP is not installed. As per the records of BWSSB, tender is invited for installation of online monitoring system at the outlet of STP to monitor quality of treated sewage prior to discharge. The copy of tender document is enclosed at Annexure 13.
4. Daily, BWSSB is monitoring pH, BOD, COD, TSS, ammoniacal nitrogen, nitrate nitrogen, total phosphate, TKN and fecal coliform in treated wastewater at the outlet of the STP prior to discharge to the wetland. The monitoring result from 01/06/2021 to 27/07/2021 are enclosed at Annexure 14 . It is observed that fecal coliform in treated wastewater is consistently reported as <100 MPN/100ml, whereas the analysis results of the samples collected on 01/03/2021, 01/04/2021, 03/05/2021 by KSPCB and on 28/07/2021 in presence of the Joint Committee shows that the concentrations of Fecal coliform are 27 x 104, 33 x 10³, 23 x 10³ and 14 x 10³ MPN/100 ml, respectively. This shows that the BWSSB is not carrying out the analysis properly.
The recommendations of the joint committee are not complied.
7 To renew the consent issued by 1. BBMP has not applied for renewal of consent KSPCB under the Water (Prevention for operation of Slaughter House and 50 KLD & Control of Pollution) Act, 1974 for ETP from KSPCB and it is in operation since operating Slaughter House and 50 30/06/2009 without valid consent to operation KLD ETP immediately. To upgrade from KSPCB. KSPCB has issued prohibitory and operate the ETP complying to the order dated 19/04/2013. effluent discharge Standards and also 2. As per the records of KSPCB, KSPCB has filed to recycle the treated water for the criminal case 1065 of 2013 in the Hon'ble slaughter house washing/cleaning High Court of Karnataka against the BBMP purposed. The effluent generated from authorities during 2013 for noncompliance and mutton stalls located within slaughter case is under hearing stage in the Court. house premises shall be treated in ETP 3. KSPCB has formed a Watch Dog Committee and not to dispose directly into UGD. for slaughter houses on 18/02/2014 consisting Also to implement the Notification of BBMP, KSPCB, Animal Husbandry and No.PCB/WMC/SEO/2013-14/6271 People Associations for regular monitoring of dated 05.02.2014 issued by KSCB as compliances. per the Guidelines for Slaughter 4. KSPCB has inspected the unit several times House prepared by CPCB and issued directions dt 29/07/2017 and 25/06/2020.
5. The KSPCB inspected the slaughter house on 16/06/2021 and observed that the effluent generated is partly diverted to ETP and remaining is bypassed through open drain to the BWSSB sewer. The inspection report of the KSPCB and sample analysis report are enclosed at Annexure 15. The analysis report of the sample collected at the outlet of the ETP are as follow:
Parameter Concentrations Standard
pH@25˚C 7.1 5.5 - 9.0
BOD (3 days, 162 350
27˚C) (mg/L)
COD (mg/L) 645 250
TDS (mg/L) 2338 2100
TSS (mg/L) 40 600
Chloride (mg/L) 796 600
Sulphate (mg/L) 102 1000
Fluoride (mg/L) 0.2 1.5
Phenolic BDL 5.0
compounds(mg/L)
Hexavalent BDL 2.0
6+
chromium Cr
(mg/L)
Ammonical 1.0 50
Nitrogen (mg/L)
Cynide (mg/L) BDL 0.2
Oil and Grease BDL 20
(mg/L)
Zinc (mg/L) 0.13 1.5
Iron (mg/L) 2.13 3.0
Copper (mg/L) BDL 3.0
Nickel (mg/L) BDL 3.0
Total Chromium BDL 2.0
(mg/L)
The treated effluent at the outlet of the ETP is not complying with the discharge standards with reference to COD, TDS and Chloride.
6. The Joint Committee members from CPCB and KSPCB inspected the ETP operated by the Slaughter House on 28/07/2021. The slaughter house was in operation and the ETP was not operated scientifically. Aerators and pumps were rusted indicating that the ETP is not operated regularly. There was no discharge from the ETP during the inspection. The ETP operator informed that only after 6.00 PM effluent will be treated in filtration unit and discharged. It was observed that the connecting pipes to filtration unit were dismantled (Figure 8 - 10). The effluent was stored in the ETP. There was no any improvements in the status of operation of the ETP compared to the observations made during earlier inspections by the Joint Committee and KSPCB. BBMP has not implemented any measures to improve the condition of the ETP.
The recommendations of the joint committee are not complied.
Status of measures implemented by Department of Fisheries Sl Suggestions of the Joint Committee in Measures implemented the report dt 10/08/2020 1 To prescribe appropriate physio-chemical As per the records of Department of Fisheries, and biological parameters in the contract the contract for fishing is given to Fisheries- / agreement to carryout water quality cooperative society on lease. The lease has not monitoring while appointing contractor carried out water quality monitoring for fishing. periodically.
The recommendations of the committee are not complied.
2 To carryout study of bio accumulation of Department of Fisheries has conducted the heavy metals in some tissues of fishes in study on bioaccumulation of heavy metals in Ulsoor Lake. fish through Karnataka Veterinary, Animal and Fisheries Sciences University, Fisheries Research and Information Centre, Hebbal, Bengaluru. The report states that the heavy metal in fish tissue in Ulsoor lake is below permissible limit. The report is enclosed at Annexure 16.
The recommendations of the committee are complied.
3 To maintain the cleanliness of the Ulsoor During the visit of the Joint Committee on Lake and disposal of aquatic plants by pit 28/07/2021, it was observed that cleanliness of composing method or any other means. the lake is maintained . The debris, solid waste and eutrophic plants are regularly removed.
The recommendation of the committee is complied.
Status of measures implemented by Madras Engineering Group and Centre Sl Suggestions of the Joint Committee in Measures implemented the report dt 10/08/2020 1 To apply and obtain Consent (CFO) for The Joint Committee inspected the 100 KLD discharge of effluents under the Water STP installed by Madras Engineering Group (Prevention & Control of Pollution) Act, and Centre on 28/07/2021. MEG has not 1974 and emissions under the Air applied for Consent for Establishment and (Prevention & Control of Pollution) Act, Consent for Operation from KSPCB for 1981 for operating & discharging of installation and operation of STP and discharge treated sewage from KSPCB of treated sewage. The STP is operated immediately. without valid consent.
The recommendation of the committee is not complied.
2 To operate the ETP complying to the 1. The treated sewage is discharged to the effluent discharge Standards and not with storm water drain from the outlet of the discharge treated effluent directly into STP. The grab sample was collected at the storm water drain. Shall lay a pipeline to outlet of the STP on 28/07/2021 in discharge treated sewage with cascade presence of Joint Committee members by aeration system in Wetland of Ulsoor KSPCB and CPCB staff and samples were Lake. Also to install flow meter and analysed at KSPCB Laboratory. The maintain proper records of the same. analysis results of the treated sewage collected from the STP are as follow (Annexure 17):
Concentrations in treated Parameter Standard wastewater at outlet of STP pH@25˚C 5.5-9.0 7.5 BOD (3days @ < 10 8.0 27˚C)(mg/L) COD (mg/L) < 50 68 TSS (mg/L) < 20 9.0 Ammonical <5 1.0 Nitrogen (mg/L) Total Nitrogen < 10 5.0 (mg/L) Less Fecal Coliform than 100 16 x 10³ (MPN/100 ml)
2. The results show that the treated sewage is not complying with the discharge standards with reference to COD and Fecal coliform.
3. Pipeline and cascade aeration system to discharge treated wastewater to wetland of Ulsoor Lake are not installed.
4. The flow meter is not installed at the outlet of the STP and the records of quantity of treated sewage discharged are not maintained.
The recommendations of the committee are not complied.
3 To propose and construct additional STP 1. The additional STP for treating 4200 KLD to treat additional 4200 KLD of domestic of domestic sewage generated from MEG is sewage generated from MEG and stop not installed. discharging untreated sewage into UGD
2. As per the records furnished to the Joint in time bound manner.
Committee by M/s Garrison Engineer (North), the service provider to sewage disposal of MEG, Bengaluru, proposal for installing 600 KLD and 300 KLD STPs are initiated (Annexure 18).
The recommendations of the committee are not complied.
Status of measures implemented by Karnataka State Pollution Control Board Sl Suggestion of the Joint Committee in Measures implemented the report dt 10.08.2020 1 To ensure the implementation of 1. As per the records of KSPCB there are 62 Notification No. FEE 316 EPC 2015, units of commercial complexes, residential dated 19/01/2016 issued by Forest, apartments, hotels, industries, software Ecology & Environment Secretariat w.r.t. companies, slaughter house, and health care installation of STP and reuse of Treated establishments located in the catchment of Sewage. Ulsoor Lake generating 3212 MLD of sewage and are mandated to install STPs to treat the sewage generated.
2. Out of 62 units, 37 units have installed individual STP/ETP to treat 60% of the wastewater generated in the catchment. The treated effluent is reused for secondary purposes. KSPCB is regularly monitoring STP /ETPs in 37 units.
3. Remaining 25 units are discharging the untreated wastewater into UGD with the permission of BWSSB due to space constraints. KSPCB has issued letters to 25 units for installation of individual STPs (Annexure 19).
The recommendations of the committee are partially complied.
2 Out of 62 units, only 37 units (59.67%) 1. As per the records of KSPCB, out of 62 are provided with STP / ETP to treat the units, 25 units are established prior to wastewater generated and the remaining notification dated 19/01/2016 and are units are permitted to discharge untreated discharging the untreated wastewater into wastewater in to UGD with a permission BWSSB UGD. The same sewage/effluent is of BWSSB. KSPCB shall reinvestigate & being treated in the STPs operated by take appropriate action to install STP/ BWSSB. ETP in remaining 25 units, if applicable.
2. KSPCB has issued letters to 25 units of commercial complexes, residential apartments, Hotels, industries, software companies, and health care establishments for installation of STP and reuse of the treated effluent (Annexure 20).
The recommendations of the committee are partially complied.
3.0 WATER QUALITY OF ULSOOR LAKE The Karnataka State Pollution Control Board is monitoring Ulsoor Lake water quality every month under National Water Quality Monitoring Programme and the Board's Programme. The analysis reports of water samples collected during 01/04/2020 to 31/03/3021 are enclosed at Annexure 21. As per the report of KSPCB, the water quality of Ulsoor Lake conforms to designated-best-use classification Class "D" i.e. Water is fit for propagation of wildlife and fisheries and Class "E" i,e Irrigation, Industrial Cooling, Controlled Waste disposal. In March 2021, dissolved oxygen level in the lake was in the range of 1.8 to 4.8 mg/L and was classified as Class "E". For propagation of wildlife and fisheries, required dissolved oxygen level is 4 mg/L. The Joint Committee has carried out water quality monitoring of Ulsoor Lake at three locations on 28/07/2021. The samples are analysed at Central Laboratory, KSPCB and analysis reports are enclosed at Annexure 22. The water quality analysis results are as follow:
Water Quality Analysis Results of Ulsoor Lake Sl Parameter Concentrations Location 1 Location 2 Location 3 1 pH at 25°C 8.5 8.3 8.5 2 EC µs/cm at 25° C 369 367 366 3 TSS mg/L at 103-105°C 70 68 72
4 TDS mg/L at 180°C 248 246 244 5 COD mg/L 164 160 168 6 BOD mg/L at 27°C, 3 days 15 15 16 7 Dissolved Oxygen, mg/L 4.2 4.1 4.4 8 Chloride, mg/L 68 56 56 9 Sulphates, mg/L 8.0 8.0 8.0 10 Phosphate as P, mg/L BDL BDL BDL 11 Nitrate as N, mg/L 3.5 3.36 3.38 12 Ammonia as N, mg/L 0.26 0.18 0.14 4 16 X103 13 Total Coliform (MPN/100 ml) 5400 16 X10 14 Fecal Coliform (MPN/100 ml) 410 110X102 1500 Where, Location 1 - Ulsoor lake - Near temple Location 2 - Ulsoor lake - Near fishing centre Location 3 - Ulsoor lake - Near Kalyani The analysis results shows that the water quality of Ulsoor Lake confirms to designated-best- use classification Class "D" i.e. Water is fit for propagation of wildlife and fisheries i.e. pH:
between 6.5 to 8.5, DO : ≥ 4 mg/L, and N : ≤ 1.2 mg/L. The analysis results show that the water quality of Ulsoor lake has higher concentrations of BOD, COD, Total Coliform and Fecal Coliform. This indicates untreated/partially treated sewage is discharged to the lake. The water quality of the lake is not improved compared to the water quality during the earlier inspection of the Joint Committee in May, 2020.
OBSERVATIONS On reviewing the status of implementation of the recommendations and suggestions in the Joint Committee report dt 10/08/2020, the following are observed:
1. As per the records of KSPCB, the water quality in Ulsoor Lake confirms to designated-best-use classification Class "D" and Class "E" and there is no improvement in the water quality of the lake.
2. The BWSSB has increased the present operational capacity of 2 MLD STP to 1.8 MLD capacity and augmentation of remaining 0.2 MLD capacity is in process.
However, treated sewage at the outlet of the STP is not complying with the discharge standards. It has completed 34 works out of 36 works proposed and remaining 2 works are committed to complete before December 31, 2021. At present, implementation of 34 works has led to reduction of 15 MLD sewage discharged to storm water drain.
3. The BBMP is maintaining the lake regularly by removing the accumulated floating debris/solid waste, desilting of storm water drains and marshals are appointed to monitor and avoid disposal of solid waste into the storm water drains.
4. The screen at regular interval in primary and secondary drains, silt traps and cascading aerators are not installed.
5. The BBMP has not applied for renewal of consent for operation from KSPCB for operation of Slaughter House and 50 KLD ETP. The slaughter house and ETP are in operation since 30/06/2009 without valid consent for operation and also discharging partially treated effluent to storm water drain inspite of directions issued by KSPCB under the Water Act several times.
6. The Department of Fisheries has conducted the study on bioaccumulation of heavy metals in fish and furnished the report. It is reported that the heavy metal content in fish tissues are within the permissible limits.
7. Madras Engineering Group and Centre has not applied for Consent for Operation from KSPCB for operation of STP and to discharge treated sewage to storm water drain. The treated sewage is not complying with prescribed discharge standards prior to disposal. The KSPCB officials visited the site on 13/07/2021 to verify the status of implementation and compliance of STP. The Joint Committee members also visited the site on 28/07/2021 and informed MEG to obtain consent for operation. However, till date it has not applied for consent to operation for the STP operated by them.
8. The laying of pipeline to discharge treated sewage, installation of cascade aeration, flow meter and STP to treat additional 4200 KLD of domestic sewage are yet to be installed by Madras Engineering Groups and Centre, Bengaluru.
9. Out of 62 units located in the catchment of Ulsoor Lake, 37 units have installed individual STP/ETP to treat the wastewater generated, the treated effluent is reused for secondary purposes. The remaining 25 units are established prior to notification dated 19/01/2016 and are discharging the untreated wastewater in to BWSSB UGD with prior permission. The same sewage/effluent is being treated in the 2 MLD STP of BWSSB established at Ulsoor Lake premises.
5.0 Estimation of Environmental Compensation (EC) Based on the observations, the Joint Committee estimated the environmental compensation for non-compliance of ETP operated by M/s BBMP Civil Slaughter House, 2 MLD STP operated by BWSSB and 100 KLD STP operated by MEG. The environmental compensation is estimated based on the pollution index method developed by Central Pollution Control Board in the guidelines "Report of the CPCB in-house committee on methodology for assessing environmental compensation and action plan to utilize the fund".
The following equation is used for estimating environmental compensation:
EC = PI x N x R x S x LF Where, EC = Environmental Compensation in ₹ PI = Pollution Index of industrial sector N = Number of days of violation took place R = A factor in Rupees (₹) for EC S = Factor for scale of operation LF = Location factor
1. EC for non-compliance of the ETP of M/s Civil Slaughter house operated by BBMP at Tannery Road, Frazer Town, Bengaluru M/s BBMP Civil Slaughter House and 50 KLD ETP in Tannery Road, Bengaluru is in operation since 30/06/2009 without valid consent for operation from KSPCB.
BBMP is operating the slaughter house and the ETP. KSPCB has filed a criminal case in the Hon'ble High Court of Karnataka against the BBMP for noncompliance and issued directions dt 29/07/2017 and 25/06/2020. The KSPCB inspected the slaughter house on 16/06/2021 and observed that the effluent generated is partly diverted to ETP and remaining was bypassed through open drain to the BWSSB sewer. The treated effluent discharged from the ETP was also not complying the discharge standards. During inspection on 28/07/2021, the Joint Committee members observed that the ETP was not regularly operated and effluent was stored in the ETP.
In view of above, environmental compensation is calculated as follow:
i. Pollution Index of industrial sector (PI) The Karnataka State Pollution Control Board has categorized slaughter house into RED category of industries and accordingly the consents are issued. For red category of industries, average pollution index is 80. Thus, PI is considered as 80 in the EC estimation for slaughter house.
ii. Number of days of violation (N) The number of days for which violation took place is considered as the period between the day of violation observed and day of compliance verified by the committee. The Slaughter house and 50 KLD ETP are in operation since 30/06/2009 without valid consent for operation from KSPCB. During inspection by KSPCB on 29/07/2017, 25/06/2020 and 16/06/2021 it was observed that treated effluent was not meeting the discharge standards. During the joint ccommittee inspection on 28/07/2021, ETP was not scientifically operated and effluent was stored in the ETP. In view of this, period of non -compliance is considered from 30/06/2009 to the date of hearing i,e 17/09/2021. Total number of days violation observed are 4459 days.
iii. Scale of operation (S):
As per the records of KSPCB, the M/s BBMP Civil Slaughter House is considered as medium scale. Thus, scale of operation (S) for EC estimation is considered as 1.0.
iv. Location factor (LF):
M/s BBMP Civil Slaughter House is located within Bengaluru city having population >10 Million. Thus location factor (LF) is considered as 2 for EC estimation.
v. Factor in Rupees (R) (Rs):
As per the environmental compensation estimation guidelines, factor of rupees may be minimum of Rs 100/- and maximum of Rs 500/-. In the guidelines it is suggested to consider R as Rs 250/- as environmental compensation in case of violation. As M/s BBMP Civil Slaughter House is consistently violating the discharge standards and has not obtained consent for operation since 2009, inspite of repeated directions, factor of rupees R is considered as Rs. 250/- for EC calculation.
Thus, the estimated environmental compensation is EC (Rs) = 80 X 250 X 1.0 X 2.0 X 4459 EC (Rs) = 40,000 X 4459 EC (Rs) = 17,83,60,000/- (Rupees Seventeen crores eighty three lakhs sixty thousand only)
2. EC for non-compliance of 2 MLD STP operated by BWSSB at Ulsoor Lake.
BWSSB is operating STP of 2 MLD at Ulsoor Lake and average operational capacity 1.84 MLD (Range - 1.7 to 1.9 MLD). KSPCB is monitoring the quality of treated sewage discharged from the outlet of the STP every month. The analysis results of the treated sewage collected from the STP on 01/03/2021, 01/04/2021, 03/05/2021 by KSPCB and during Joint Committee visit on 28/07/2021 show that the treated sewage is not complying with the discharge standards with reference to COD and Fecal coliform. Thus the EC is estimated as follow:
i. Pollution Index of industrial sector (PI) The Karnataka State Pollution Control Board has categorized sewage treatment plants of capacity >100 KLD into Large scale and RED category and accordingly the consents are issued. For red category of industries, average pollution index is 80. Thus, PI is considered as 80 in the EC estimation for STP.
ii. Number of days of violation (N) The earlier Joint Committee inspected the STP on 14/05/2020 and verified the compliance to the discharge standards. The analysis of the samples collected on 14/05/2020 showed that STP was complying with discharge standards except fecal coliform. Thus the date of first instance of noncompliance observed is considered as 14/05/2020. The period of non -compliance is considered from 14/05/2020 to the date of hearing i,e 17/09/2021. The number of days violation observed are 491 days.
iii. Scale of operation (S):
As per the records of KSPCB, the 2 MLD STP is considered as large scale. Thus, scale of operation (S) for EC estimation is considered as 1.5.
iv. Location factor (LF):
The STP is located within the Bengaluru city having population >10 Million. Thus location factor (LF) is considered as 2 for EC estimation.
v. Factor in Rupees (R) (Rs):
As per the environmental compensation estimation guidelines, factor of rupees may be minimum of Rs 100/- and maximum of Rs 500/-. In the guidelines it is suggested to consider R as Rs 250/-, as environmental compensation in case of violation. As treated effluent is not complying with the discharge standards with reference to COD and Fecal coliform, factor of rupees R is considered as Rs. 250/- for EC calculation.
Thus, the estimated environmental compensation is EC (Rs) = 80 X 250 X 1.5 X 2.0 X 491 EC (Rs) = 60,000 X 491 EC (Rs) = 2,94,60,000/- (Rupees Two crore ninety four lakhs sixty thousand only)
3. EC for non-compliance of 100 KLD STP operated by MEG & C Based on the water consumption data, the Joint Committee in its report dt 10/08/2020 estimate that 4300 KLD of sewage is generated in Madras Engineering Group and Centre campus. Out of this 100 KLD is treated in the STP installed by Madras Engineering Group and Centre and remaining 4.2 MLD is discharged to UGD system installed by BWSSB. Treated sewage from STP is discharged to the storm water drain. MEG has not applied for Consent for Establishment and Consent for Operation from KSPCB for installation and operation of STP and discharging of treated sewage. The STP is operated without valid consent. During the Joint Committee inspection on 14/05/2020, it was observed that treated sewage was not complying the discharge standards with reference to BOD, COD, Ammonia and fecal coliform. During the Joint Committee inspection on 28/07/2021, again it was observed that treated sewage was not complying with the discharge standards with reference to COD and Fecal coliform. Thus the EC is estimated as follow:
i. Pollution Index of industrial sector (PI) The Karnataka State Pollution Control Board has categorized of sewage treatment plants of capacity >100 KLD into Large scale and RED category and accordingly the consents are issued. For red category of industries, average pollution index is 80. Thus, PI is considered as 80 in the EC estimation for STP. ii. Number of days of violation (N) The number of days for which violation took place is considered as the period between the day of violation observed and day of compliance verified by the committee. The earlier Joint Committee inspected the STP on 14/05/2020 and verified the compliance to the discharge standards. The analysis of the samples collected on 14/05/2020 showed that STP was not complying with discharge standards with reference to BOD, COD, Ammonia and fecal coliform. Thus the date of first instance of noncompliance observed is considered as 14/05/2020. The period of non - compliance is considered from 14/05/2020 to the date of hearing i,e 17/09/2021. The number of days violation observed is 491 days.
iii. Scale of operation (S):
As per the records of KSPCB, the 100 KLD STP is considered as large scale. Thus, scale of operation (S) for EC estimation is considered as 1.5.
iv. Location factor (LF):
The STP is located within the Bengaluru city having population >10 Million. Thus location factor (LF) is considered as 2 for EC estimation.
v. Factor in Rupees (R) (Rs):
As per the environmental compensation estimation guidelines, factor of rupees may be minimum of Rs 100/- and maximum of Rs 500/-. In the guidelines it is suggested to consider R as Rs 250/-, as environmental compensation in case of violation. As treated effluent is not complying with the discharge standards with reference to COD and Fecal coliform, factor of rupees R is considered as Rs. 250/- for EC calculation.
Thus, the estimated environmental compensation is EC (Rs) = 80 X 250 X 1.5 X 2.0 X 491 EC (Rs) = 60,000 X 491 EC (Rs) = 2,94,60,000/- (Rupees Two crore ninety four lakhs sixty thousand only) RECOMMENDATIONS It is observed that the recommendations and suggestions made in the Joint Committee report dt 10/08/2020 are partially implemented by the respective Authorities and the lake water quality is yet to be improved. In view of above, the following are recommended:
1. The environment compensation of following amount may be imposed on BBMP, BWSSB and MEG:
1. BBMP: For operating Civil Slaughter House Rs. 17,83,60,000 /-
Tannery Road, Bengaluru and ETP without (Rupees Seventeen crores eighty three lakhs valid consent and non-compliance of the sixty thousand only) discharge standards
2. BWSSB: For non-compliance of the discharge Rs. 2,94,60,000/-
standards in 2 MLD STP operated at Ulsoor (Rupees Two crore ninety
Lake by BWSSB four lakhs sixty thousand
only)
3. Madras Engineering Group and Centre: For Rs. 2,94,60,000/-
non-compliance of the discharge standards in (Rupees Two crore ninety
100 KLD STP operated by MEG four lakhs sixty thousand
only)
2. The Bengaluru Water Supply and Sewerage Board, Bruhat Bengaluru Mahanagara Palike, Department of Fisheries, Madras Engineering Group and Centre and Karnataka State Pollution Control Board shall implement all the recommendations and suggestions of the Joint Committee dt 10/08/2020 in time bound manner.
3. The BBMP shall apply for renewal of Consent for Operation from KSPCB for operation of Slaughter House and 50 KLD ETP on priority and comply with the prescribed standards prior to disposal of effluent.
4. Madras Engineering Group and Centre, Bengaluru shall apply for Consent for Operation from KSPCB for operation of existing STP and to construct an additional STP to treat additional 4200 KLD of sewage generated from Madras Engineering Groups and Centre, Bengaluru in time bound manner.
5. The KSPCB shall regularly monitor the compliance of ETPs and STPs operating in the catchment of Ulsoor Lake and ensure compliance."
4. The learned counsel appearing for the Central Pollution Control Board submitted that the Executive Engineer (Lakes), Bruhat Bengaluru Mahanagar Palike (BBMP) who has been deputed as a member of the committee has not signed the report and that was the reason why, they were compelled to file the report with signature of three other members only. If an official of the department is made as part of the committee, then he has got a responsibility to sign the report or if he has got any dissenting note on the observation made by the majority members, they are expected to express the same in the report which also must form part of the report, so that this Tribunal can go into those aspects and pass appropriate orders. Shirking the responsibility of not filing the report and not filing the independent report to this Tribunal regarding the steps taken by the BBMP is not an appreciable one and such a stand taken by them has to be deprecated.
5. The learned counsel appearing for the BBMP submitted that if some time is granted, they may be able to come with the action plan and also objections (if any) to the committee report projected against the BBMP for non-implementation of certain aspects independently and also get a report from the officer who has been deputed as a member of the committee as to why he has not signed the report, though according to the counsel appearing for the CPCB, the same has been sent to the concerned member several times for signature, but he had not done the same.
6. The State Pollution Control Board as well as the Central Pollution Control Board are also directed to file their independent report regarding the further action taken by them as a regulator for the violations noted by them and non-compliance, in view of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 and the BBMP is also directed to file the report regarding steps taken by them in respect of the gap found by the majority members of the committee and also the steps taken by them for improving the water quality in the lake, which according to the committee has not improved than the condition which was found earlier.
7. They are directed to submit the above said reports to this Tribunal on or before 27.10.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
8. The Registry is directed to communicate this order to the joint committee members, Karnataka State Pollution Control Board, Central Pollution Control Board including, the Principal Secretary for Environment and Municipal Administration by e-mail immediately for their information and compliance of the direction.
9. For consideration of further action taken report, post on 27.10.2021.
Sd/-
...................................J.M. (Justice K. Ramakrishnan) Sd/-
...............................E.M. (Dr. K. Satyagopal) O.A. No.54/2016, 23rd September, 2021. Mn.