National Green Tribunal
Jith Kumar vs State Of Kerala Represented By Its Chief ... on 20 March, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 2,3 & 4:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.442of 2013(SZ)
With
Original Application No.20 of 2017 (SZ)
With
Original Application No.276 of 2017 (SZ)
IN THE MATTER OF:
Jith Kumar ...Applicant(s)
Versus
The State of Kerala and others. ....Respondent(s)
With
Abdul Bhasheer . ...Applicant(s)
Versus
Kochi Municipal corporation & Ors. ....Respondent(s)
With
Lawyers Environmental
Awareness Forum ...Applicant(s)
Versus
State Level Environment Impact
Assessment Authority,
Trivandrum and others.
....Respondent(s)
1
Original Application No.442 of 2013 (SZ)
For Applicant(s) : None.
For Respondent(s): M/s. E.K. Kumaresan & G. Prabhu for R1.
M/s. G.M. Syed Nurullah Sheriff for R2.
M/s. A.S. Suvitha
For K.R. Harin for R3.
M/s. V.K. Rema smrithi for R4.
Original Application No.20 of 2017 (SZ)
For Applicant(s) : None.
For Respondent(s): M/s. A.S. Suvitha for K.R. Harin for R1.
M/s. Rema Smrithi for R2.
M/s. D. S. Ekambaram for R3.
M/s. ME. Saraswathy for R7.
Original Application No.276 of 2017 (SZ)
For Applicant(s): None.
For Respondent(s): M/s. D. S. Ekambaram for R3.
M/s. A.S. Suvitha for K.R. Harin for R1.
M/s. Rema Smrithi for KSPCB.
M/s. M.R. Gokulkrishnan for R8.
Date of hearing: 20.03.2020.
2
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
ORDER
1. As per order dated 30.01.2020, this Tribunal had considered the status regarding the disposal of waste dumped in Brahmapuram Dumping Yard situated in Kochi Corporation.
2. This Tribunal had considered the status report filed by the Kochi Corporation and directed them to process the tender at the earliest possible time to start the work and see that the quantity of legacy waste is brought down considerably and also take all protection measures in preventing pollution caused considering the manner in which it is being handled in Brahmapuram Waste Management Plant and also it was decided to await further orders to be passed by the Hon'ble Principal Bench in this regard in Original Application No. 606 of 2018 and was posted on 28.02.2020.
3. It is seen from the orders on 28.02.2020, the Principal Bench has considered the report dated 23.02.2019 and also the subsequent report received from Justice A.V. Ramakrishna Pillai, former Judge 3 of Kerala High Court and the Chairman of the State Level Monitoring Committee and passed the following order:-
"(2)The matter was considered in the light of report dated 23.02.2019, received from Justice A.V. Ramakrishna Pillai, former Judge, Kerala High Court about unscientific dumping of waste. Response of the Kerala State Pollution Control Board dated 03.10.2019 was earlier considered vide order dated 20.11.2019 and it was observed:
"(3) The above report shows a sorry state of affairs.
Not only there is violation on environmental norms, there is potential for hazard to public health for which immediate steps are required to be taken.
(4) Let the Secretary, Local Bodies (Urban Development), Government of Kerala ensure that remedial action is taken in accordance with Solid Waste Management Rules, 2016 and directions of this Tribunal in order dated 20.08.2018 and 16.01.2019 in O.A. No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and order dated 17.07.2019 in Original Application No. 519/2019, News item published in "The Times of India" Authored by Jasjeev Gandhiok & Paras Singh Titled "Below mountains of trash lie poison lakes"
and report filed within one month from today by email at [email protected]."
(3)Thereafter, the matter was considered on 24.01.2020 and it was observed:
"(4) Thus, there is hardly any tangible action which may show lack of concern for the environment and the health of the inhabitants and the rule of law.
Since even land has not yet been identified, sanction is meaningless. Action could have started on the site of waste itself so that there could be simultaneous 4 remediation of the legacy waste. Period of almost one year has already been gone without meaningful action. It may be noted that Chief Secretary, Kerala appeared in person on 25.04.2019 in pursuance of order dated 16.01.2019. This Tribunal, inter-alia, directed that in view of prescribed timeline under Rule 22 of the SWM Rules, 2016, specified cities, towns and villages may be made models of compliance within six months and the remaining cities, towns and villages may be made fully compliant within one year. The compliance may be monitored by the Chief Secretary personally once every month and by the District Magistrate once every two weeks. Quarterly reports to be furnished to this Tribunal and the Chief Secretary was to appear againpersonally.
(5) It may be noted that the matter has been transferred by the Hon'ble Supreme Court to this Tribunal on 02.09.2014 in W.P. 888/1996 after noting constant failures of the authorities in the matter, inter-alia, in (2000) 2 SCC 679 and (2004) 13 SCC 538. The Tribunal gave comprehensive directions vide order dated 22.12.2016.1 Execution thereof is still continuing. Vide order dated 20.08.2018, all action plans were directed to be prepared by 31.12.2018 and executed latest by 31.12.2019. Further order waspassedon 16.01.2019 and thereafter several orders, including orders dated 17.07.2019, 12.09.2019 and 07.01.2020 have been passed. It is in the light of the said orders that Secretary, Local Bodies, Govt. of Kerala was expected to furnish a meaningful report which has not been done.On 10.01.2020, progress was reviewed in the case of some of the States in the presence of their respective Chief Secretaries and directions were issued:
"36. We accordingly direct:
a. In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, 5
1. O.A. No. 199/2014 (2016) SCC Online NGT 2981 compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for populationof above10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies.
Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of thisTribunal.
b. Legacy waste remediation wasto 'commence' from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 282 even though statutory timeline for 'completing' the said step is till 07.04.2021 (as per serial no. 11 in Rule 22), which direction remains unexecuted at most of the places. Continued failure of every Local Body on the subject of 2 The Chief Secretaries may ensure allocation of funds for processing of legacy waste and its disposal and in their respective next reports, give the progress relating to management of all the legacy waste dumpsites. Remediation work on all other dumpsites may commence from 01.11.2019 and completed preferably within six months and in no case beyond one year. Substantial progress be made within six 6 months. We are conscious that the SWM Rules provide for a maximum period of upto five years for the purpose, however there is no reason why the same should not happen earlier, in view of serious implications on the environment and publichealth.
commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between5lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body. Ifthe Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of thisTribunal.
c. Further, with regard to thematic areas listed above in para 20, steps be ensured by the Chief Secretaries in terms of directions of this Tribunal especially w.r.t. plastic waste, bio- medical waste, construction and demolition waste which are linked with solid waste treatment and disposal. Action may also be ensured by the Chief Secretaries of the States/UTs with respect to remaining thematic areas viz. hazardous waste, e- waste, polluted industrial clusters, reuse of treated water, performance of CETPs/ETPs, groundwater extraction, groundwater recharge, restoration of water bodies, noise pollution and illegal sandmining.
d. The compensation regime already laid down for failure of the Local Bodies and/or Department of Irrigation and Public Health/In-charge Department to take action for treatment of sewage in terms of observations in para 31 above will result in liability to pay compensation as already notedabove.
7e. Compensation in above terms may be deposited with the CPCB for being spent on restoration of environment which may be ensured by the Chief Secretaries' of the States/UTs. f. An 'Environment Monitoring Cell' may be set up in the office of Chief Secretaries of all the States/UTs within one month from today, if not already done for coordination and compliance of above directions which will be the responsibility of the Chief Secretaries of the States/UTs. g. Compliance reports in respect of significant environmental issues may be furnished in terms of order dated 07.01.2020 quarterly with a copy toCPCB.
The Chief Secretaries of UP, Punjab and UT Chandigarh may remain present in person for further review tentatively on 24.08.2020.
A copy of this order be sent to Chief Secretaries of UP, Punjab and UT Chandigarh, CPCB and Chairman of Committee constituted by this Tribunal in States of UP, Punjab and UT Chandigarh by e-mail. CPCB may put all Local Bodies andother concerned Departments of all the States in the country to notice for compliance."
(6) In view of above, the State of Kerala and its authorities have to take meaningful action in aboveterms.
(7) In view of unsatisfactory state of affairs noticed above, let the Secretary, Urban Development, Kerala remain present in person on the next date with tangible progress failing which this Tribunal may be left with no other option except to take stringent measures for enforcement of law as per the provisions of the NGT Act,2010."
(4) Accordingly the Secretary, Urban Development, Government of Kerala is present inperson.
8(5) A status report has been filed on 27.02.2020 to the effect that certain steps have been taken. The fact remain that there is no progress in terms of actual remedial measures as expected and as required under theRules.
(6) We have also received report dated 22.02.2020 from Justice A.V. Ramakrishna Pillai, former Judge, Kerala High Court, observing as follows:
"The issue at Brahmapuram Waste Treatment Plant cannot be considered in isolation as it is intrinsically connected with the waste management system in the city as well as in the neighbouring local bodies. As already pointed out though Brahmapuram yard is under the management of Kochi Corporation solid waste from five Municipalities and two Panchayaths reaches the yard. The legacy waste dumped at the site is in un- segregated form. The arrival of waste in the yard in the segregated form is of recentorigin. Solid Waste Management Rules, 2016 provides that waste has to be segregated at source, bio-
degradable waste has to be composted and recyclable non-bio-degradable waste has to be
recycled. Only those waste materials which cannot be recycled, be sent to incineration or landfill. The State Government in its good intention to have a proper waste treatment system in the State had taken a decisionto install waste to energy (WTE) plants in six different districts in the State, of which one is at Brahmapuram. However, the said announcement has created the scenario were all the stake holders including the Corporation have started thinking that all waste materials can be incinerated. It is understood that the proposal for WTE plant at Brahmapuram has obtained environmental clearance.9
However, it is learnt that financial closure from the service provider is awaited. A baron land on the southern and western side of the septage treatment plant is identified as the site for WTE plant. However, it is a low lying area and it would take a considerable time for bringing the site to the level of the nearby road.
As the SLMC felt that the establishment of WTE plant is a time consuming process, directions were issued to the Corporation to dispose of the legacy waste part by part by means of bio-mining as per the guidelines of the Central Pollution Control Board involving a technical expert and to take necessary arrangements for addressing the present environmental issues till the waste to energy plant comes into existence. It was also directed that if capping of waste is resorted to, it should be confined to inert waste as per the provisions of solid waste management rules, 2016. The said direction was given in the meeting held on 15.3.2019. However, the process of bio-mining is done at the yard at a low pace and as a result, the legacy waste is getting accumulated. Even on the day of last inspection, i.e., 18.2.2020 only three trammel machines werefunctioning.
The quantity of waste generated in Kochi City alone is estimated as 350 to 400 tonnes per day, while thequantity received at Brahmapuram shows 120 tonnes per day. Some of the uncollected waste is seen treated at source but there is no data of quantity regarding the waste treated at source and its final disposal. It is essential to improve door to door collection to avoid littering and un- acceptabledisposal methods. For ahealthysolidwaste management system door to door collection need to be dove- tailed with improved treatment facilities 10 atBrahmapuram.
Here it is apt to note that the major portion of solid waste coming to Brahmapuram is bio-degradable waste. The moisture content of biodegradable waste is nearly 80% of its total weight. If it is assumed that 100 MTs of waste is coming to the plant per day, approximately 60% of the same would be bio- degradable waste, i.e., 60 MTs. Approximately 80% of the same would be moisture as stated above, i.e., 48 MTs. That means nearly half of the waste reaching the plant is water. Out of non-degradable waste only plastic, the maximum of which may be 20%, i.e., 20 MTs has the calorific value which provide energy to create steam. If proper segregation happens atsource,approximately half of this i.e., 10 MTs can be sent forrecycling. Thus only 10 MTs of incinerate-ablewaste would be remaining to be used in WTE plant.
If non-segregated waste including bio-degradable waste is used in WTE plant, the captive energy required to dehydrate the biodegradable waste will make the project highly unviable due to the huge expenditure involved and the local bodies would be driven to the risk of bridging the viability gap. Lack of segregations will result in valuable reusable and recyclables ending in incineration. Kerala is now an emerging swap shop region where those things not useful are used by someone thereby enhancing the life cycle. However, recycling of plastic, glass, paper, metal, rubber, cloth etc. can happen only if segregation happens at source.
The waste management system in the State including Kochi City requires a radical change. What is required is a holistic, integrated and co-ordinated effort to implement the various provisions of environmental legislations from the grass root level.11
The stake holders should consider reduction as the primary object of waste management. The ban imposed by the State Government on single use plastics recently is a welcome change. However, it is the responsibility of the local bodies to see that the same is implemented in letter and spirit. Awareness programmes for the benefit of waste generators can be under taken with the assistance of bodies like District Legal Service Authority, Suchithw Mission as well as Haritha Kerala Mission. This may help to reduce waste generation in the long run. Treatment of bio-degradable waste at source can be promoted under the supervision and guidance of the bodies aforesaid. There should be proper records regarding the quantity of wastes treated at source and its final disposal. Unauthorised disposal methods, under the pretext of treating wastes at source, have to beprohibited.
Door to door collection of waste which cannot be treated at source has to be improved to avoid un- acceptable disposal methods.
Proper segregation of waste should happen at source and the waste reaching the treatment yard should be in the segregated condition.
WTE plant is an effective solution in the field of waste management. But such plant should not incinerate BD waste or recyclable NBD waste. The incineration in WTE plants shall be confined to soiled NBD waste, sanitary waste and hospital waste. The use of bio-degradable wasteandrecyclable non-bio-
degradable waste in WTE plants has to be discouraged.
The planned 500 tonne per day Waste to Energy Plant at Brahmapuram, when commissioned, may solve the problems at present. The quantity of dry waste collected may have to be increased to provide 12 adequate fuel for the plant. The proposed project has a Biological Mechanical Treatment (BMT `Biodrying') unit for drying mixed waste to produce suitable fuel for the WTE plant. Segregated wet waste is not suitable for direct use in WTEplants. An anaerobic digester of 100 tpd capacity will have to be installed at Brahmapuram without much delay. The capacity can be increased to 200 tpd with installation of additional digesters as required. Anaerobic digester will allow the treatment of wet waste without creating odour, smell and leach ate. As the planned WTE plant is unviable for source- segregated wet waste, digesters will have to be provided even after installation of WTE. Therefore, the Kochi Corporation should take immediate steps for anaerobic digestion of wet wasteat Brahmapuram without waiting for the establishment of WTE plant. Simultaneously, the bio mining process of legacy waste has to be continued with full strength and figure, deploying sufficient number of trammel machines and this has to be completed within a time schedule. The remaining inert waste after the separation of city compost can be used in the WTE plant. To prevent the existing environmental threats due to the flow of leach ate as well as the recurrent fire hazards, the directions hither to given by the SLMC to the Corporation are to be implemented."
(7)The Tribunal has also passed orders fixing strict timeline on 10.01.2020 while considering OA No. 606/2018 applicable to all the States asfollows:
"a. In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, compensation scale is hereby laid down for continued 13 failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule 22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate ofRs.10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of thisTribunal.
b.Legacy waste remediation wasto 'commence' from 01.11.2019 in terms of order of this Tribunal dated 17.07.2019 in O.A. No. 519/2019 para 283 even though statutory timeline for 'completing' the said step is till 07.04.2021 (as per serial no. 11 in Rule 22), which direction remains unexecuted at most of the places. Continued failure of every Local Body on the subject of commencing the work of legacy waste sites remediation from 01.04.2020 till compliance will result in liability to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body. Ifthe Local Bodies are unable to bear financial burden, the 14 liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of thisTribunal.
c.Further, with regard to thematic areas listed above in para 20, steps be ensured by the Chief Secretaries in terms of directions of this Tribunal especially w.r.t. plastic waste, bio-medical waste, construction and demolition waste which are linked with solid waste treatment and disposal.
Action may also be ensured by the Chief Secretaries of the States/UTs with respect to remaining thematic areas viz. hazardous waste, e- waste, polluted industrial clusters, reuse of treated water, performance of CETPs/ETPs,groundwaterextraction, groundwater recharge, restoration of water bodies, noise pollution and illegal sand mining.
d. The compensation regime already laid down for failure of the Local Bodies and/or Department of Irrigation and Public Health/In-charge Department to take action for treatment of sewage in terms of observations in para 31 above will result in liability to pay compensation as already notedabove.3
The Chief Secretaries may ensure allocation of funds for processing of legacy waste and its disposal and in their respective next reports, give the 15 progress relating to management of all the legacy waste dumpsites. Remediation work on all other dumpsites may commence from 01.11.2019 and completed preferably within six months and in no case beyond one year. Substantial progress be made within six months. We are conscious that the SWM Rules provide for a maximum period of upto five years for the purpose, however there is no reason why the same should not happen earlier, in view of serious implications on the environment and publichealth.
e. Compensation in above terms may be deposited with the CPCB for being spent on restoration of environment which may be ensured by the Chief Secretaries' of the States/UTs.
f. An 'Environment Monitoring Cell' may be set up in the office of Chief Secretaries of all the States/UTs within one month from today, if not already done for coordination and compliance of above directions which will be the responsibility of the Chief Secretaries of the States/UTs.
g. Compliance reports in respect of significant environmental issues may be furnished in terms of order dated 07.01.2020 quarterly with a copy to CPCB."
8. We may observe that non-compliance of rules relating to waste disposal results in damage to the environment and public health. Any failure needs to be visited with assessment and recovery of compensation for such damage from the persons responsible for such failure. A study was recently got conducted by CPCB, under orders of this Tribunal requiring such a study by a joint Committee comprising CPCB, NEERI and IIT, Delhi about the monetary cost of damage caused to the environment on account of existence of legacy waste dump site at Gurgaon (Bandhewadi) vide order dated 05.03.2019 in O.A. No. 514/2018. The report of the CPCB filed on 13.02.2020 is that damage on account of the said legacy waste dump site 16 was Rs. 148.46 crore, on account of damage to the air quality, soil and water quality, climate change and disamenity (aesthetic).Thedamagehasbeenassessedintermsofimpactonh ealth due to release of pollutants in air atmosphere, release of leachate into ground /surface water and soil, due to pollution from the landfill site, damage cost associated with climate change due to carbon di-oxide and methane, damage caused due to aesthetics loss, price depreciation due to disamenity cost etc. The matter is to be considered further in relation to State of Kerala on 20.03.2020 when the Chief Secretary, Kerala is scheduled to appear in person. The State of Kerala needs to consider action on the pattern of successful models of other states where meaningful steps to deal with the issue have been initiated in consultation with CPCB."
4. It appears that the matter has been subsequently adjourned by Notification to 22.04.2020 for consideration of the views of the Chief Secretary of Kerala.
5. When the matter came up for hearing today, Kerala State Pollution Control Board filed a status report which reads as follows:-
"(i) It is respectfully submitted that a report has been filed by this deponent before the Hon'ble Tribunal on
06.09.2019 which was heard by the Hon'ble Tribunal and passed an order dated 30.01.2020 making some thoughtful comments to see that the Solid Waste Management facility provided at Brahmapuram by the Kochi Corporation is operating in compliance with 17 relevantprovisions of the Solid Waste Management Rules 2016.
(ii) I may humbly submit that the latest order of the Hon'ble NGT dated 30.01.2020 in O.A. 442 of 2013, O.A.20 of 2017 and O.A. 276 of 2017 (Earlier O.A. 533- 535 of 2018) is highlighting that the Board has to initiate follow up action on the Show Cause notices issued to the Secretary, Kochi Corporation in accordance with law.
(iii) The Secretary, Kochi Corporation has submitted reply to the Show Cause Notice issued by the Board on 01.01.2020 claiming that they have initiated steps for managing leachate collection/treatment and /door to Door collection of Municipal Solid Waste and re-tendered the work related to the management of legacy wastes. The Board officials inspected the site on 18.02.2020 along with the SLMC Chairman and observed that no action on management of legacy waste has been initiated; but they have started the construction of leachate collection tank. Solid waste from Kochi Corporation as well as wet waste from neighboring 5 Municipalities and 2 Grama Panchayaths are being collected, but the treatment system seems improper.
(iv) In these circumstances, the Board Chairman conducted a hearing with the Secretary, KochiCorporation on 16.03.2020 in order to assess the latest and improvements if any with respect to the Solid Waste Management practised at Brahmapuram and for initiating further procedures as per law. Copy of the minutes of meeting held on16.03.2020 is produced herewith and marked as Annexure R2(A)
(v) The Secretary, Kochi Corporation informed that as the council did not finalise the tender, Government of Kerala had intervened and vide G.O.M.S. No. 18 8/2020/DMD dated 05/03/2020 decided to take over the work of the bio-mining under the provisions of the Disaster Management Act 2005. The tender floated by Kochi Corporation was cancelled on grounds that the bidder selected by Corporation has experience as a sub- contractor only and Kerala State Industrial Development Corporation assigned the charge of tendering the work. A copy of the Government Order is produced herewith and marked as Annexure R 2 (B).The Secretary also informed that door to door collection of waste has now been improved to almost 85% and they have conducted ward wise survey and prepared report. Also submitted a report illustrating the follow up actions already taken viz. Status of door to door collection and segregation, biomining of the legacy waste, Leachate collection and action taken to combat spread of fire in the legacy waste dumping yard. Copy of the letter dated 17.03.2020 is produced herewith and marked as Annexure R2(C). Window composting now being practiced is still continuing and the plastic and other non-biodegradable wastes is now added up along with the legacy waste already accumulated there. As soon as the action initiated by the Government on legacy waste commenced, the issue with respect to the legacy waste will be sorted out. Regarding leachate collection and treatment, pilling works for the construction of tank has been completed and started the super structure work. The leachate now collected in a pit is periodically transferred to the Septage Treatment Plant functioning nearby. On hearing the Secretary, Kochi Corporation and responsible officials, the Board conducted inspection on the same day at the Solid Waste Management facility at Brahmapuram and found that pilling work for the leachate collection tank was over and the work of superstructure 19 was progressing. Copy of the report prepared after conducting site inspection on 16.03.2020 is produced herewith and marked as Annexure R2(D).
(vi) It is respectfully submitted that, based on the above, the followingobservations were made in view of the meeting held on 17.03.2020 by the Board Officials. A copy of the minutes of the meeting on 17.03.2020 is submitted herewith as Annexure R2(E).
Observations:
I. In the hearing on 16.03.2020, it was reported that around 85% houses were having door to door collection and 60-70% is keeping the waste in segregated form. This needs to be checked on ground.
II. Waste to Energy Plant by GJ Eco Power Private Limited, is about to start after getting financial closure.
III. Regarding bio-mining of legacy waste, the Government has taken the task of bio-mining and entrusted to KSIDC.
IV. The construction of leachate collection tank of capacity of 100m3is progressing.
(vii) I may also humbly submit that as the Governmenthas taken over the processing of Legacy waste deposition and based on the hearing with the Secretary, Kochi Corporation, the Board will initiate field verification and follow up actions on the claims raised by the Secretary, Kochi Corporation. The higher authorities from the Pollution Control Board (Chairman/Member Secretary) shall inspect the plant and premises after conducting the field verification by the District Environmental Engineer, Ernakulam. If needed, environmental compensation will 20 be imposed as per status for not managing the solid waste generated within the Corporation. Follow up actions on the notices served to other local bodies will also be initiated soon by verifying their responses and after conducting field surveys. It is humbly submitted that considering the present scenario of Corona outbreak, additional time of one month may kindlybe granted for inspection and for filing the report to the Tribunal.
(viii) It is respectfully submitted that the reporting official had carried out the duties assigned and continuing to ensure that all the local bodies mentioned are complied with relevant provisions of the Solid waste Management Rules 2016 and respective pollution control activities.
Dated this the 18th day of March 2020."
6. It is seen from the report that Government of Kerala had passed an order vide G.O.(Ms)No.8/2020/DMD/Dated, Thiruvananthapuram,05.03.2020 which reads as follows:-
GOVERNMENT OF KERALA Abstract Disaster Management Department - Taking over the management of the legacy waste accumulated at Brahmapuram waste dumping yard from Kochi City Corporation by invoking the provisions of Disaster Management Act 2005 - Sanction accorded - Orders issued.
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DISASTER MANAGEMENT (B) DEPARTMENT G.O.(Ms)No.8/2020/DMDDated, Thiruvananthapuram, 05/03/2020
----------------------------------------------------------------------------------------------- Read: Minutes of the State Executive Committee meeting of KSDMA held on 02/03/2020 and 04/03/2020.21
ORDER The Management of legacy waste at Brahmapuram was under the supervision of Kochi Corporation. It is reported that Brahmapram waste dumping yard is under smouldering fire and toxic fumes are being released causing threatening disaster situation. The tender procedure for legacy waste management in the Waste Dumping Yard is delayed indefinitely and this situation may lead in fire hazard and consequent environmental and health hazard in the City. As Kochi Corporation has not taken effective steps to abate the threatening disaster situation, the matter has been placed in the State Executive Committee meeting of KSDMA held 02.03.2020 and the committee took the following decisions:
(i) Call for the records of the entire tendering procedures followed by the city Corporation of Kochi for legacy waste management with immediate effect. A notice to the Secretary, Kochi to produce the files immediately before the Principal Secretary, Local Self Government Department shall be issued by LSG Department.
(ii) The District Collector, Ernakulam shall prepare a contingency plan for the smoulder fire management of Brahmappuram Waste Dumping Yard with the support of BPC Ltd., CHEMREC, Pollution Control Board, Fire & Rescue Services and Health Department.
2. Subsequently the SEC Meeting held on 04.04.2020 perused the records of Kochi corporation relating to the management of legacy waste at Brahmapuram. The findings of the committee are as follows:
The first tender was floated on 14.08.2019 which was further extended. As nobody participated in the tender, the work was re-tendered on 26.10.2019. There was only one bid which was approved technically and the financial bid was opened and placed for a decision of the Council on 28.01.2020. The same matter considered by the Council in subsequent meetings on 06.02.2020, 22.02.2020, 28.02.2020, 02.03.2020 and 03.03.2020 but a final decision has not been taken. It is seen that the single bidder has an experience a sub-contractor only. His experience does not inspire the confidence that he will be able to complete the work of managing the legacy waste at Brahmapuram. The reports of Justice A.V. Ramakrishna 22 Pillai, the Chief Environmental Engineer of Pollution Control Board and that of the District Collector all indicate that unless urgent steps are taken to manage the legacy waste scientifically and in a time bound manner, the city of Kochi and surrounding areas will be at risk of an impending disaster. The Corporation of Kochi, is clearly not in a position to manage this complex matter effectively.
3. In the above circumstances, the committee decided that Government in LSG Department shall take over the task of scientific management of the legacy waste accumulated at Brahmapuram waste dumping yard from the Corporation of Kochi by invoking the provision under the Section 24(e) of the Disaster management Act, 2005.
4. Government have examined the matter in detail and are pleased to order that the task of scientific management of the legacy waste accumulated at Brahmapuram waste dumping yard will henceforth be under the supervision of Government in Local Self Government Department and the work will be carried out under the provision of section 24 (e) of Disaster Management Act, 2005. The tender process initiated by the Corporation of Kochi to dispose the legacy waste is hereby cancelled.
5. The Kerala State Industrial Development Corporation (KSIDC), the nodal agency identified by the Government for managing the process relating to solid waste disposal and management, will be entrusted with the task of initiating an urgent, transparent and competitive bidding process to identify an experienced and technically competent agency to manage and dispose of the legacy waste at Brahmapuram strictly according to the provisions prescribed in the Solid Waste Management Rules. KSIDC will undertake this project under the supervision of the Local Self Government in Government.
6. The District Collector, Ernakulam shall render all assistance to KSIDC in furtherance of the above instructions.
(By Order of the Governor) VENU V PRINCIPAL SECRETARY To:
23The Principal Accountant General (Audit)Kerala, Thrivananthapuram The Accountant General (A & E) Kerala, Thiruvananthapuram The Land Revenue Commissioner, Thiruvananthapuram The Local Self Government Department The Member Secretary, KSDMA Observatory Hills, Vikas Bhavan P.O. TVPM The District Collector, Ernakulam."
7. It is seen from the Government order that disposal of legacy waste in Brahmapuram Waste Dumping yard has been brought under the provisions of Disaster Management Act, 2005 and the scientificmanagement of legacy waste as accumulated in Brahmapuram Waste Dumping Yard will have to betaken under the supervision of the Government andlocal self Government Department and the work will be carried out under the provisions of section 24(e) of Disaster Management Act, 2005.
8. The process of tender initiated by the Corporation of Kochi to dispose of the legacy waste has been cancelled. The Kerala State Industrial Development Corporation will be the nodal agency identified by the Government for managing the process relating to the Solid Waste Disposal and Management. It has been entrusted with the task of initiating an urgent transparent and competitive bidding process to identify the experienced and technically competent agency to manage and dispose of the legacy waste in a Brahmapuram strictly according to the provisions prescribed in Solid Waste Management Rules, 2016.
249. The Kerala State Industrial Development Corporation (KSIDC) will undertake this project under the supervision of the local self Government Department. The District collector, Ernakulam shall render all assistance to Kerala State Industrial Development Corporation (KSIDC) in furtherance of the above instructions.
10. It may be mentioned here that it appears the Government of Kerala has taken this decision in order to escape from strictures to be passed by the Principal Bench of National Green Tribunal in Original Application No. 606 of 2018for non implementation of the Solid Waste Management Rules, 2016 in the State in its letter and spirit.
11. Further, in the earlier orders of the Principal Bench, there was a direction to forego the normal tender process for the purpose of undertaking Bio-mining so as to avoid delay and undertake the process that has been carried out by the Indore Corporation and adopt it as a model for the purpose for expediting the process of the scientific disposal of the waste in Brahmapuram unit.
12. Further under Rule 12 of the Solid Waste Management Rules, the duties of the District Magistrate or District Collector or Deputy Commissioner has been enumerated which reads as follows:-
25"Duties of District Magistrate or DistrictCollector or Deputy Commissioner - The District Magistrate or District Collector or as the case may be, the Deputy Commissioner shall,-
(b) review the performance of local bodies, at least once in a quarter on waste segregation, processing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director of Municipal Administration or Director of local bodies and Secretary-in-charge of the State Urban Development."
13. The issue regarding Brahmapuram is in the public domain for more than thirteen years now, because the present case has been filed in the year 2006 before the Hon'ble High Court of Kerala which was later transferred to this Tribunal and renumbered as case of the year 2013.
14. Even prior to 2016 rules, there existed the 2000 Rule. There also certain responsibility has been cast on the District collector in respect of supervision of Waste Management in the District.
15. If the District Collector had taken cognisance of the matter when issues of fire occurred in the BrahmaapuramWaste Management Plant on several occasions and had he directed the corporation to make the corrective measures to dispose of the legacy waste in a scientific manner then invoking the Disaster Management Act, 2005 for dealing with the issue would not have arisen.
2616. Further, as per order in Original Application 606 of 2018 the Principal Bench of National Green Tribunal,State Governments have been directed to form committees at State, District and Taluk level and Chief Secretary of the respective State have been directed to monitor the implementation of rules and give necessary directions to the local bodies to implement the rules strictly.
17. However, in spite of all these things no effective steps have been taken either by the Corporation or by the State Government to meet this situation. Even in the Government order, it is not mentioned as to how much time it will take for the Government to solve the issue.
18. There is no action plan by the KSCDIC also for this purpose.
If normal procedure will have to be followed, then it will again take a longer time for solving the issue and that will only aggregate the problem of pollution on account of non disposal of the legacy waste that has accumulated in the Brahmapuram Dump Yard especially since monsoon is fast approaching in Kerala.
19. Under such circumstances we direct the District Collector, Ernakulam to submit an action plan which he has to implement for the purpose of discharging his obligation under rule 12 (b) of Solid Waste Management, Rules 2016 for the purpose of solving the issue 27 of disposal of Solid Wastecollected and kept indisposed in Brahmaapuram Dumping Yard.
20. The District Collector is expected to review the situation as expected as provided under Rule 12 and also specify the action taken by him so far to solve the issue as expected by the District magistrate as provided in that rule and what is the future action that he is expected to do in co-ordination with Kerala State Industrial Development Corporation (KSIDC) to improve the situation of disposal of the legacy waste with a shorter time line.
21. They are also expected to follow the directions given by the Principal Bench in this regard in Original Application No. 606 of 2018 and other connected matters as well.
22. The Government of Kerala is also directed to file a detailed action plan which they propose to implement without making further delay for disposal of legacy waste collected in Brahmapuram Dumping Yard as delay in disposal is likely to affect environment which cannot be tolerated bythis Tribunalat this issue has been pending for more than a decade now.
23. There is a duty cast on the State Government also to provide priority for protecting environment and showing lethargic attitude in disposing the waste management in dumping yards will 28 indirectly affect the health of the people which cannot be perpetrated by the State agency.
24. The District Collector, Ernakulam as well as Chief Secretary State of Kerala are directed to submit the action taken report within a period of two months.
25. Cochin Corporation is also directed to file a detailed action plan which they are proposed to implement in discharging their duty as provided under the Solid Waste Management Rules, 2016 to solve this issue.
26. The Kerala Pollution Control Board is also directed to file a status report regarding the improvement of disposal of legacy waste in Brahmapuram Dumping Yard. The order may be communicated to the Chairman State Level Monitoring Committee as well for information.
27. Post the matter on 03.07.2020.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Saibal Dasgupta) O. A. No.442/2013, 20/2017 & O.A. 276/2017 20thMarch, 2020. (Sr.) 29