National Green Tribunal
Chaitanya Sravanthi Represented By Its ... vs The Andhra Pradesh Pollution Control ... on 6 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.05:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 68 of 2015 (SZ)
(Through Video Conference)
IN THE MATTER OF
Chaitanya Sravanthi
...Applicant(s)
Versus
The Andhra Pradesh Pollution Control Board
And others.
.... Respondent(s)
Date of hearing: 05.08.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s):. Sri. Maduri Donti for R1 and R2.
M/s. Sofia represented for
M/s. Richardson Wilson Associates
for R3 to R5.
1
ORDER
1. As per order dated 08.03.2017, the matter has been disposed of by this Tribunal with following directions:
"59. After perusing the material papers and after hearing the arguments on both sides we agree that clearly, there is no single point answer to solve all of these problems. No doubt the respondent Port Trust is adopting various techniques that are suggested by the State Pollution Control Board and experts in the field, but the question is whether the efforts being made by the respondent Port Trust, are enough to control the dust emission and bring down air pollution levels to permissible limits. Though various anthropogenic activities are responsible for increase in air pollution, the respondent Port, being the main point source of dust emission while handling the coal cargo, shall bear major responsibility for increase in the air pollution, particularly in it's vicinity and it shall continue to strive to give top most priority and utmost attention to this aspect in the interest of environment particularly in the interest of health of the people residing in the area. Even the latest status 2 report filed by the Board dated 6.5.2016 indicates the RSPM are beyond the permitted levels at some of the monitoring stations. However, one cannot deny the fact that the Port is implementing the short term, medium and long term directives issued by APPCB and also getting the various environmental activities implemented by the Port, which are reviewed by the Expert Monitoring Committee which is inspecting the various operational areas of the Port and advising improvements and giving suggestions from time to time. Presently the measures taken by the Port to mitigate dust pollution include:
Monitoring of Ambient Air Quality at six locations in and around the Port area by Port and Andhra University Development Centre and APPCB. Continuous development and maintenance of thick Green Belt in and around Port area. Modernisation and mechanisation of Cargo Handling Operations in phases. Reorganising stack yards.
Insulating coal stack yards by providing high rise walls along with dust suppression system.
The Port should stick on to the time schedule prescribed for implementing the short term, medium 3 term and long term measures stated above and scrupulously follow the directions.
60. Though the main prayer of the applicant is to issue an order of injunction restraining the third respondent from operating any coal cargo, whether by way of import or export, out of its unit at Port area, presently we are not inclined to grant such relief considering the fact that the Port is already implementing various pollution control measures and its activities are regularly monitored by the Board and also keeping in view the concept of 'Sustainable Development ' as coal is the major source of fuel, particularly for the thermal power plants. However, we direct the Port Trust to scrupulously implement the Environment Management Plan with short, medium and long term measures and submit quarterly progress reports by filing in the Registry with a copy to the applicant starting with the quarter ending with 30-6-2017 as per the following schedule which will be placed before the Tribunal for perusal and for further orders, if necessary.
Quarter ending Due date of submission of with report 30-6-2017 15-7-2017 30-9-2017 15-10-2017 31-12-2017 15-1-2018 31-3-2018 15-4-2018 4 30-6-2018 15-7-2018 30-9-2018 15-10-2018 31-12-2018 15-1-2019
61. The State Pollution Control Board shall also submit the quarterly AAQ monitoring reports along with inspection reports by filing in the Registry, starting with the quarter ending with 30-6-2017 as per the aforesaid schedule which will also be placed before the Tribunal for perusal and further orders, if any, required. We make it clear that if we find any slackness in implementing the plan and neglecting the pollution control measures and if there is no perceptible reduction of dust emission and improvement of the air quality, we will be constrained to invoke "Polluter Pays "principle and even restraining the respondent Port Trust from handling coal cargo.
62. With the above directions, the application is disposed with no order as to costs."
2. As per the above order, the Andhra Pradesh State Pollution Control Board has to monitor the unit periodically and submit the report once in three months. Accordingly, first of such report was considered by this Tribunal on 03.01.2020. On that day the Tribunal had considered the quarterly reports submitted by the Andhra Pradesh State Pollution Control Board and the 5 compliance report submitted by the Port Trust and passed the following order:
"It is seen from the report that there are certain short comings which requires remedial measures to be taken by the Port Trust. They are not following the Mechanical Dust Suppression System as expected by them and there are violations of the conditions regarding stacking of cargo as well. Instead of taking action against the Port Trust for their violation, the Pollution Control Board appears to have given notice dated 26.12.2018 and awaiting the compliance of the directions.
It may be mentioned here that Public Undertakings must be a model for others. Merely producing certain photographs or getting certificates from some authorities for a particular period alone will not be sufficient. They will have to maintain the standard throughout. It is seen from the report of the Pollution Control Board that there are violations. However, instead of taking action against them, they have only sent notice for giving compliance report with regard to the directions which is not sufficient. It is settled law that when there are any violation found which results affecting the environment, then the Pollution Control Board is expected to impose environmental compensation against the violators.
Under such circumstances, we feel it appropriate to direct the Pollution Control Board to take necessary action against the Visakhapatnam Port Trust on the basis of the observations made by them in the last report and submit further action taken and status report in this regard within a period of two months. They are also directed to monitor the unit periodically and submit the compliance of the 6 pollution norms by them and to avoid further pollution being caused in the area."
3. The case was posted to 05.03.2020. On, 05.03.2020 this was again taken up and considered the report submitted by the Andhra Pradesh State Pollution Control Board and also compliance report submitted by the project proponent. This Tribunal had directed the Andhra Pradesh State Pollution Control Board to take further action against the project proponent for recovery of environmental compensation for the violation found.
4. The learned counsel appearing for the Andhra Pradesh State pollution Control Board submitted on that day show cause notice had been issued and they require some time for passing the final order. The case was adjourned to 14.07.2020. On, 14.07.2020, it was adjourned to today as sitting could not be possible due to technical problem.
5. When the matter came up for hearing today through Video Conference, there was no representation for the applicant. Sri. Maduri Donti Reddy represented respondents 1 and 2 and M/s.
Sofia represented for Richardson Wilson Associates represented respondent 3 to 5.
6. The Andhra Pradesh State Pollution Control Board had submitted an action taken report which reads as follows:
7"Action Taken Report of A.P. Pollution Control Board submitted in compliance to Hon'ble National Green Tribunal (SZ) order dt.05.03.2020 in O.A. No.68 of 2015 It is to submit that O.A. NO. 68 Of 2015 was filed before the Hon'ble National Green Tribunal, Southern Zone, Chennai by Chaitanya Sravanthi, Dwarakanagar, Visakhapatnam against air pollution due to M/S Visakhapatnam Port Trust Activities. The Andhra Pradesh Pollution Control Board earlier issued direction to M/S Visakhapatnam Port Trust on 02.03.2020 and status report was filed on03.03.2020.
The Hon'ble National Green Tribunal (SZ) in its order dt. 05.03.2020 directed the Andhra Pradesh Pollution Control Board to give show cause notice and give opportunity to the defaulter/violator to respond to the imposition of compensation and then pass the appropriate order in accordance with law and there should not be any complaint later that the compensation was imposed without giving them an opportunity to meet the demand made. Further action taken report shall be filed within a period of four months to this Tribunal".
In compliance to the above order the action taken report is submitted below:
1. A show cause notice was issued to M/S Visakhapatnam Port Trust (VPT) on 22.06.2020 duly furnishing the calculation for environmental compensation directing them to show cause within 15 days as to why the Board shall not impose environmental compensation of Rs. 1,97,25,000/- for violation of directions issued by the Board. Copy of the show cause notice is enclosed as Annexure l.
2. M/S Visakhapatnam Port Trust furnished its reply by email on 01.07.2020 (Annexure -- Il). VPT were also 8 given opportunity of hearing before the external advisory committee of the Board on 03.07.2020 through video conference. After detailed discussions, the external advisory committee of the Board recommended to levy the Environmental Compensation. Minutes of the external advisory committee meeting held on 03.07.2020are enclosed as Annexure -- Ill. Accordingly, the A. P. Pollution Control Board issued orders on 07.07.2020 directing M/S Visakhapatnam Port Trust to pay the Environmental Compensation of Rs. 1,97,25,000/- to the Board within 15 days. copy of the directions dt07.07.2020 are enclosed as Annexure IV.
3. M/s Vishakapatnam Port Trust vide its letter dt 14.07.2020 (Anenxure - V) paid the environmental compensation of Rs 1,97,25,000/-by DD bearing No. 312095 dt 14.07.2020.
The action taken report is submitted to the Hon'ble National Green Tribunal in due compliance of the directions issued by this Hon'ble Tribunal. APPCB will abide by all such directions as this Hon'ble Tribunal may deem fit and appropriate."
Action Plan on Environment Works - Quarterly Report (October - 2018 to December - 2018 Short Term Plans (During 2015-16) Sl Identified EMP Present Status Target date of N completion o 1 EMP 1: Trade [PPP /BOT operators are Continuous covering the stacks with activity In order to reduce tarpaulins on coal stacks. fugitive dust, agents to cover the coal Almost all the coal stacks are 9 stack with tarpaulins covered with tarpaulins (about as per the discussion 90% at any point of time) had between VPT except while handling coal, and users. However, The tarpaulins blown off with whenever the agents high winds are attended as are not covering the and when required. stacks as mentioned above, Environmental taskforce Visakhapatnam port headed by Dy. Traffic is taking up covering Manager is making rounds of the stacks, for everyday and ensuring the which an agency is coverage on all the stacks.
in place for supply of
Environment monitoring
tarpaulins and
committee is inspecting the manpower. VPT PPP/BOT terminals periodically estimated cost of for ensuring strict compliance of Rs.0.85 Crores for EMS.
the implementation of the EMP 2 EMP 2: Mobile Fog canons deployed Continuous since December 2015 and they activity Supply and operation are in operation while at of Truck Mounted loading / unloading of dusty Fog Canons to be cargos.
deployed while
loading /unloading Deployment of Fog canons is
at a cost of Rs.1.13 greatly helping in arresting
Crores. dust flow towards the city, as
they are deployed during
dusty cargo handling.
3 EMP 3: Construction of Truck tyre Continuous
cleaning system at B ramp activity
Construction and
was completed by end of May
operation of Truck
2016 and currently O & M for
Tyre Cleaning
3 years is in progress since System at "B Ramp"
June 2016.
i.e. at the interface of port and city roads, New Truck Tyre Cleaning at a cost of Rs.0.81 System facility at ESSAR Crores for which junction was constructed and work order issued on currently O & M for one year 14.09.2015 and is in progress since October 10 work is in progress. 2018.
All the vehicles about 500 No.s per day going out of Port to Port connectivity road are passing through these truck tyre washing systems to ensure that cargo/spillage struck to tyres is washed. This has reduced the dust on Port connectivity road there by improving the air quality.
4 EMP 4: Reorganization of the stack yards Completed of Completed.
The planning for dust generating cargo stacks is reorganization of the completed. stack yards so that the dust generating The coal stacks from North of S- stacks such as coal 4,R11 area, and S-6 conveyor is to be shifted to area i.e, nearer to city have been the inner side of the shifted to inside areas port, as per the feasibility and non-
dusty cargos at the
periphery in a
phased manner.
5 EMP 5: Works completed by June 2016. Work Completed Repairs/ All the sprinklers are in modifications to functioning condition and also existing sprinkling AMC is in force to maintain in systems at S4 and case of repair of any sprinkler. WOB areas. Work in progress and project cost is Rs.l .60 crores.
6 EMP 6: Installed 3 Nos of CAAQM Installed 3 No.s Supply, operation stations at of CAAQM maintenance of a) GCB i.e at the interface of stations andunder Continuous online Port and Operation since ambient air quality City near I town area.
11monitoring (CAAQM) b) R&D Yard i.e at the interface November 2016 stations at three of November 2016 identified areas of Port and City near and is a Port of Gnanapuram. continuous Visakhapatnam for a c) GVMC stadium i.e at the activity period of 5 years at a interface cost of Rs.2.71 Port and City .
Crores. Under
operation
and
maintenanc
e for 5
years.
Comprehensive O&M contract is given to M/S Environnment SA India Pvt Ltd, Navi Mumbai and there is no interruption in monitoring the parameters as per APPCB directions. Encl: AAQ Data for the period October 2018 to December 2018 7 EMP 7: The Contract dated July 2015 Work is in was completed by 13.032018 progress and it Comprehensive The new contract for another 2 is a continuous Environment years at a cost of Rs 6.94 crores activity. Management System is commenced on14.03.2018 for housekeeping and and is in progress.
controlling fugitive Environmental task force team emissions. Work is monitoring the activity closely order issued July, every day.
2015. Project cost is Rs.5.94 Crores for a period of two years Medium Term Plans (During 2015-17) SL Identified EMP Present Status Target date of No completion 1 EMP-1 Phase I Phase 1 Construction of Dust Barrier of PT finalised DUST Work completed 7.5 mts height from Convent BARRIER 7.5 mts by May 2016.
junction to kobbarihota junction height from Convent (1KM) completed by May 2016.
12May 2016.(1 KM Phase II (1KM Length) length)KM long: Construction of Dust Barrier of from the Sea Horse 7.5 mts height from Kobbarihota (1 KM) completed by junction to Sea Horse Jn, of May 2016.Junction about 0.70 Km completed by point to Convent July 2018 Junction at the city interface. Work order released dated 13.05.2015.
Project cost is 10.27 crores.
Phase II Work completed by July 2018.
2 EMP 2 Work order issued for hiring of 1 O & M for the Sweeping of roads No. Mechanical Sweeping peiod of 3 within the port by machine in 18.03.2017 years.
mechanical 1 No. of
sweeping machine. Mechanical
Estimated cost is sweeping
Rs. 2.81 crores machine was
deployed on
16.08.2017.
Since the firm
could not comply
the tender
conditions, the
said contract
was pre-closed
Another LOI
issuedon20.10.2018 to M/S Pyara Singh & Sons ,Punjab for supply of mechanical sweeping machine. Within 3 months from the date of issue of LOI.
133 EMP 3 Work Completed Work Up-gradation Due to this smooth flow of traffic Completed and is ensured and spillages are strengthening of BT minimized and in turn air and CC blocks for quality is being improved Operational Roads including drains and Berms (East Zone) at a cost of Rs. 16.31 Crores.
4 EMP 4 Work Completed Work Strengthening Due to this smooth flow of traffic Completed and is ensured and spillages are gradation of BT and minimized and in turn air CC Blocks for roads quality is being improved including drains and berms (Convent Junction to PCR Junction) at a cost of Rs. 18.32Crores 5 EMP 5 Installation of additional pump, Based on the Refurbishment of backup generator and M/s. E & Y STP to handle 10 replacement of worn out bar Consultants MLD with enhances screens equipment already report, under quality output completed Phase Now the quality of recycled disinfection water is increase and sufficient dosing system for Port needs. is in progress.
However as per the latest standards M/s E & Y Consultants are engaged by Ministry of Shipping to give DPR for improving quality of water. M/s. E & Y has submitted the final report on 31.08.2018. As per the recommendations ofthe final report installation of sodium hypochlorite dosage systems and Volte Sludge Dewatering systems for existing MLD Sewage Treatment Plant at Vishakaptnam Port will be 14 taken up to improve the quality of water.
Long Term Plans (During 2015-18) Sl Project Name Present Status Completion No Date 1 EMP 1: Long term reorganization of the December 2018 stack yards is in progress. Re-organisation of stack yards duly For short term, the coal providing stacks from north of S-4,R-11 Environmental area, and S-6 conveyor area safeguards viz., i.e, nearer to city have been Service road, raised shifted to inside areas. kerb wall around stacks, sprinkling West ore berth stack yard is system, plantation provided with Environmental around stacks etc. safeguards viz.„ Service road, raised kerb wall around stacks, sprinkling system, plantation around stacks etc. Planation was taken up around the stackyards of S-4 ,S-6, WOB and RI 1 areas.
Proposed MDSS at L-17 stacking area is under tender stage.
Once the mechanisation of EQ-IA is completed, further reorganisation will be taken up.
EQ-IA project is taken up for export of thermal coal under PPP mode by M/S SEW infrastructure Pvt Ltd is terminated due to concessionaire inability to complete the project. Now the project will be completed by 15 VPT in two years time.
2 EMP 2: As per the current scenario ---
there is no demand for cargo Dismantling and envisaged earlier. Therefore, reconstruction of as per the demand in future West Quay berths the proposals would be i.e from part of WQ2 examined at appropriate to WQ5 for time.
handling14.50m draft vessels with Presently the cargo handling fully mechanized capacity utilisation of VPT is handling facilities only 50% for handling bulk cargoes.
3 EMP 3: As per the current scenario ----
there is no demand for cargo Dismantling and envisaged earlier. Therefore, re-construction of as per the demand in future part of EQ5 and the proposals would be EQ6 berths for examined at appropriate handling 14.50 m time.
draft vessels with fully mechanized Presently the cargo handling handling facilities capacity utilisation of VPT is for handling bulk only 50% cargos.
Mechanization of cargo handling at EQ6 berth 4 EMP 4: EC obtained from MoEF&CC ----
Development of 07.03.2019.
multipurpose
terminal by CFE awaited.
replacement of
existing EQ2 to
EQ5 berths to cater
to 14.50 m draft
vessels with fully
mechanized
16
handling facilities
for handling bulk
cargos in inner
harbour of
Visakhapatnam
Port.
5 EMP 5: Berths construction started Completed
07.11.2015 and completed
Development of
31.03.2018. Amendment of
West Quay North
obtained for deferment
(WQ-7 & wa-8)
mechanisation proposal.
berth with
mechanized
handling facilities
for handling bulk
cargos.
6 EMP 6: Time frame is
as mentioned
VPT to work out
above
activity chart with
time frame for the
above Long Term
Action Plans.
Annexure II
APPCB task force directions issued vide order No. 724/APPCB/TF/VSP/2015 dated 28.12.2015 and VPT's compliance Sl Direction Compliance of VPT No IMMEDIATE MEASURES:
1 The port shall cover all Complied the stack yards of dusty Covering the dusty cargo fully with cargoes (coal and other Tarpaulins and it is a continuous activity.
cargoes etc.) with However, during operations i.e., loading tarpaulins immediately and unloading time about 10% to 20% and no coal stackyard non-coverage can be seen and it is shall exist without inevitable for operational convenience. covering with tarpaulins.
2 The port shall restrict the Partially Complied stack height of coal piles Most of the coal stacks under the control upto 6 m as per the CFO of VPT are below 6.0m height and the 17 condition and the excess excess stacked was removed and shifted stacking shall be to other area. removed immediately.
3 The port shall not store Complied any dusty cargo at west There is no dusty cargo on west of of ESSAR and the ESSAR. The cargo stacked is Manganese existing dusty cargo ore and the same is covered with shall be removed tarpaulin.
immediately.
4 The port shall not store Partially Complied any dusty cargo without Installed MDSS at the following areas MDSS system at any where dusty cargo is being stored location in the port /stacked.
premises.
i) WOB area, ii) S-4 area, iii) L-17 area
iv) Part of R2-R5 areas.
Whereas at the following areas also the dusty cargo is being stacked by VPT with mobile water tanker sprinklers.
i) R-2 to R-5 area ii) A, Bat TM office
iii) L-9, L-10 & L-11 areas.
Initiated action to install MDSS at the following areas by the end of July 2021 with an approximate cost of Rs. 12.31 Crores and shift all the dusty cargos from the above areas within 3 months.
i) R-2 to R-5 areas ii) NH yard area iii) West of OHC along Coast Guard Road iv) North of TINA Godown area
v) North West corner of WOB In addition to the MDSS at the above areas, planning to construct covered storage sheds in some of the vacant lands within the Port operational areas for storing the dusty cargo.
5 The port shall not store Complied 18 any dusty cargo at R- Not storing any cargo at R-il area. 11 area.
6 The port shall submit an Partially Complied action plan for As a part of reorganization of coal stack reorganization of coal yards shifted the dusty cargo like coal, stacking yards, which bauxite, iron ore, rock phosphate, are near to the city Sulphur and manganese ore etc., from interface immediately. the following areas to the other vacant lands of VPT away from the city interface:
i. GCB area (The coal from the backup area of GCB was shifted to VGCB, AVTL, L-17 areas and the vacant land is proposed to use for storage of containers ) ii. ii. R-6 area (The cargoes like Sulphur, and Rock Phosphate hitherto being stored was disposed off by the trade and VPT banned to store any dusty cargo at this area i.e. the area along the VPT newly constructed high rise wall fromKobbarithota junction to sea horse junction) iii. R-9 & R-10 (the cargoes hitherto being stored at these areas was disposed by the trade and VPT banned to store any dusty cargo at this area i.e. the area on the west of S-6 conveyor area from H-7 junction to APSEB Sub-station) iv. iv. West of H-7 area (The dusty cargo like coal hitherto stored was disposed by the trade and VPT banned to store any dusty cargo at this area i.e. the Area between H-7 road and SAIL road) 19 v. Sandiliya way bridge area ( the cargo like Rock phosphate and other dusty cargo hitherto stored was disposed by the trade and banned to store any dusty cargo at this area i.e. the entire area inside the high rise walls from convent junction to Kobbarithota junction and on the East of port main road from the port arch).
R-11 area (the dusty cargo like coal etc. hitherto stored was disposed by the trade and banned to store any dusty cargo at this area i.e. .the entire area inside the high rise wall from convent junction to old Ambedkar circle on the left of the VPT main road from the Arch).
And proposed to utilize the above areas for storing non-dusty cargos like steel, granite blocks, project cargos etc. and the proposed areas for coal storage is shown in the drawing.
It is proposed to construct covered storage sheds at some of the above areas for storing coal etc with pollution control mitigation measures.
7 The port shall submit an Partially Complied action Shifted all the dusty cargos from the plan for reorganization of areas stated above against item No-6 all the and the plan showing the areas dusty stacking yards proposed for storing the dusty cargoes and submit is enclosed the stacking yard Ian with in 15 days.
8 The port shall submit an There are total 26 berths all together in action the inner and outer harbour areas.
20plan for mechanization In the Inner Harbour: 21 Berths of the East Dock area: EQ-I to EO-IO = 10 Berths dusty cargo handling West Dock area: WC)-I to WO-8 = 8 Berths berths Western Arm: OR-I, OR-2 & FB = 3 Berths within 30 days In the Outer Harbour : 5 (Five) Berths Viz. ore Berth, Oil Berth, LPG Berth, GCB & Container Berth Total 26 Berths exists In the outer Harbour all the 5 (Five ) Berths are fully Mechanized.
In the Inner Harbour out of 10 Berths EQ- I is fully Mechanized operated by M/S Adani and EQ-IA proposed for fully Mechanization through M/S SEW was terminated and presently under arbitration.
EQ-8 & EQ-9 berths being operated by M/S VSPL are Partially Mechanized whereas EQ-IO being operated by M/S AVR Infra is fully mechanized.
W.r.t. WOB WQ-5 is fully Mechanized being operated by M/S Nalco. WQ-6 is semi mechanized being operated M/S WQMPPL, WQ-7 & WQ-8 are semi mechanized and are being operated by VPT.
OR-I & OR-2 are fully mechanized and are now are under up gradation and Fertilizer Berth is fully mechanized.
The 6 (Berth) in East Dock area and 4 (four) berths in West Dock area are proposed for semi mechanization duly deploying Harbour Mobile Cranes.
Proposed to mechanize WQ-7&8 and EQ- 7 in next 3 years through PPP mode. Presently DPR is under preparation by 21 ws IPRCL.
Dropped the plan to mechanise EQ-2 to EQ-5 berths and decided to handle dust free cargo like fertilizers, food grains bagged cargo, steel, granite etc., at these berths and mechanization is not commercially viable for these cargos.
In this connection it is to mention that full mechanization of the berths EQ-2 to EQ-7 and WQ-2 to WQ-5 though VPT obtained EC / CFO for Mechanization, it could not be done due to the current scenario and there is no demand for cargo envisaged earlier. Therefore as per the proposal fully mechanization would be examined at appropriate time.
SHORT TERM
MEASURES
1 The port shall complete
the I installation and Complied
commission of the truck In addition to the already provided at 'B'
tyre washing facility by -- Ramp durin June 2016, one more
31 stMarch 2016. Truck Tyre washing facility wa also provided at Essar Jn. during Sept. 2018. Both th facilities are in good working condition.
2 The port shall complete Complied the installation and commissioning of the 2 Nos. of Mobile Fog canons deployed truck mounted fog since Decembe 2015 and they are in canon system at operation while at loading unloading of loading / unloading of dusty cargos. dusty cargo by 31 2 (Two) more Mobile Fog Canons are stMarch 2016. being procure immediately andwill be for operations by end of August2020.
22The port shall complete Complied the refurbishing all the Refurbished systems are in operation existing MDSS and shall from April 2016.
be operational by 31 stMarch 2016.
3 The port shall install 3 Complied CAAQM stations and connect to APPCB CAAQM stations are in operation since website by 31 stMarch Nov. 2016 at th following areas:
2016. i) GCB area
-
Kotaveed
hi
ii) R&D yard
--
Gnanapur
am
iii) GVMC
Stadium
-- I-Town
area
4 The port shall comply In Progress
with the targets fixed for
the plantationunder Out of 5.65 lakh number of plants allotted
Green Visakha Program. to VPT under Green Visakha by the
District Administration, VPT planted about 4.625 lakhs of plants were planted and about 1.02 lakhs are due.
Proposed to plant about 40,000 before June and balance 60,000 plants by end of December 2020.
5 The port shall procure Complied Mechanical sweeping Since April 2019 Mechanical Sweeping machine by 31 stMarch Machine is engaged for sweeping the port 23 2016 operational roads and bridges.
Proposed to procure additional 2 (Two) numbers of Mechanical Sweeping Machine for sweeping all the operational areas and discard the manual sweeping by May 2020.
MEDIUM TERM
MEASURES
1 The port shall complete Complied
the construction of Construction of 7.50 m height compound
concrete wall of 7.5 m wall to a length of 1.00 KM from Convent
height and 1.7 KM long Jn. to Kobbarithota Jn. at the city
i.e. from the sea Horse interface at a cost of Rs. 5.50 Crores was
Junction to Convent completed by May 2016.
Junction at the city
interface by 31 st July Second phase from Kobbarihota Jn to Sea
2016. Horse Jn. To a length of 0.70 KM at the city interface at a cost of Rs. 5.95 Crores was completed by July 2018. 2 The port shall complete Complied the upgradation of the Based on the M/S E&Y Consultants STP to handle IOMLD report disinfection Hypo dosing system with proper quality installed and commissioned by July 2019 output to meet to the and is in operation. standards of the board by 31 stJuly 2016. The water samples results shows there is an improvement in the quality of water after installation of Hypo Dosing system at STP.
3 The port shall provide Complied CC Cameras at the coal Installed CC cameras at 24 places in port yard and connect it to operational areas and connecting the Website of APPCB for same to the Website of APPCB is not dissemination of possible in view of the Security and information to the public. Safety of the areas because of the Defence Movements through Port 24 LONG TERM DIRECTION 1 Dismantling and WQ-2 to WQ-5 berths though VPT reconstruction of West obtained EC / CFO for Mechanization, Quay berths i.e from planning to handle most of the coal and part of WQ2 to WQ5 for other dusty cargos at higher draft handling 14.50 m draft berths like WQ-7, WQ-8 and EQ-7 and vessels with fully mechanize these berths on PPP mode in mechanized hand- ling next 3 years i.e. by end of 2023. facilities for handling bulk cargoes. It is appropriate to mention that it is not economical to mechanize lower draft berths like WQ-2 to WQ-5 berths in view of shifting cargo to higher draft vessels.
2 EQ5 and EQ6 berths EQ-5 & EQ-6 berths though VPT for handling 14.50 m obtained EC / CFO for Mechanization it draft vessels with fully could not done due to the current mechanized handling scenario and there is no demand for facilities for handling cargo envisaged earlier. Therefore as bulk cargos. per the proposal full mechanization Mechanization of cargo would be examined at appropriate time. handling at EQ6 berth.
3 Replacement of existing For EQ-2 to EQ-5 berths EC was EQ2 to EQ5 berths to issued by MoEF& CC / Govt. of India cater to 14.50 m draft vide Order dated 07-03-2019 and vessels with fully planning to semi mechanize the berth mechanized handling by deploying the Harbour Mobile facilities for handling Cranes and planning to handle dust bulk cargos in inner free cargo like fertilizers, food grains, harbour of steel, granite, bagged cargo, project Visakhapatnam Port. cargo, containers etc., and mechanization is not commercially viable for these cargos.
4 Development of West Received amendment to EC for semi Quay North (WC-7 & mechanized handling of Cargo at these 25 WQ-8) berth with berths up to 31-12-2021. Proposed to mechanized handling mechanize these berths by 2023. facilities for handling bulk cargos.
APPCB Order No. 724/APPCB/UH-II/TF/VSP/2020 dated: 02.03.2020 and VPT Compliance Sl No APPCB directions dated Compliance of VPT as on 02.03.2020 18.06.2020 1 M/s. VPT shall install MOSS Partially Complied at all dusty 1) Installed MDSS at the following cargo areas within 6 months areas where dusty cargo is being stored / stacked:
i) WOB area, ii) S-4 area, iii) L-17 area and iv) Part of R-2 to R-5 area
2) Mobile tankers deployed at the following areas where dusty cargo is being stored / stacked:
i) A, B at TM office ii) L-9, L-10 & L-11 areas.
3) Invited tenders and evaluation of tendersand evaluation of tenders for installation of MDSS at the following areas is in progress and the work is expected tc be completed by end of July 2021 with an approximate cost of Rs. 12.31 crores. (Copy of NIT enclosed for ready reference):
i) R-2 to R-5 areas (Balance work)
ii) NH yard area
iii) West of OHC along Coast Guard Road
iv) North of TINA Godown area
v) North West corner of WOB Action plan: Annexure-I 26 In addition to the MDSS at the above areas, planning to construct 2 (two) coveredstorage sheds of size 200m x 40m x 17m and 200m x 30m x 17m at R6-R9 areas for storing the dusty cargo at an estimated cost of Rs. 27.53 crores. Tenders are being invited.
Action plan: Annexure-2 2 M/s. VPT shall remove Partially Complied. dusty cargo stored near to Cargo from these areas was habitation R-2, R-4 & removed to an extent of 80% and R5,A,B immediately where the balance quantity is fully there is no MDSS system.
covered with good quality tarpaulins. No further storage is allowed.
During March 2020, VPT has Installed MDSS at R-2, R-5 areas with 9 Nos. of sprinklers for dust suppression at a cost of Rs. 33 lakhs.
Additional land for cargo storage is developed duly dismantling some of the buildings from old Andhra Bank up to Electrical sub- station to an extent of 18,200 sq.m. to accommodate the shifted cargo from R2-R5 areas.
Further proposed to dismantle FCI godowns to get an extent of 42,000 sq.m of land for storage of dusty cargo to meet the demand.
Once MDSS is fully installed at R2-R5 areas, VPT may be permitted to store dusty cargo at R2-R5 areas in view of the above directions.
272 M/S. VPT shall submit VPT has submitted Compliance the action plan for the on action plan for re-organization organization of the of dusty cargo stack yards vide dusty cargo at different Lr.No.lENG/ENV/NGT/2020/336 stacking yards within dated 25.02.2020 15 days However, as a part of reorganization Of coal stack yards, shifted the dusty cargo like coal, bauxite, iron ore, rock phosphate, sulphur manganese ore etc., from the following areas to the other vacant lands of VPT away from the city interface:
i. GCB area: The coal from the backup area of GCB was shifted to VGCB, AVTL, L-17 areas and the vacant land is being used for storage of containers) ii. R-6 area: The cargoes like Sulphur and Rock Phosphate hitherto being stored was disposed by the trade and VPT banned to store any dusty cargo at this area i.e. the area along the VPT newly constructed high rise wall from Kobbarithota junction to sea horse junction. Further, it is to inform that VPT developed tree plantation in the above area.
iii. R-9 & R-10: The cargoes hitherto being stored at these areas was disposed by the 28 trade and VPT banned to store any dusty cargo at this area i.e. the area on the west of S-6 conveyor area from H-7 junction to APSEB Sub-station. Area kept vacant for future Railway siding.
iv. West of H-7 area: The dusty cargo like coal hitherto stored was disposed by the trade and VPT banned to store any dusty cargo at this area i.e. the Area between H-7 road and SAIL road.
v. Sandilya weighbridqe area: The cargo like Rock phosphate and other dusty cargoes hitherto stored was disposed by the trade and banned to store any dusty cargo at this area i.e. the entire area inside the high rise walls from convent junction to Kobbarithota unction and on the East of ort main road from the port Arch is now developed with a bridge and four lane road for fast movement of cargo vehicles for fast evacuation of cargo from port.
vi. R-11 area: The dusty cargo like coal etc. hitherto stored was 29 disposed by the trade and banned to store any dusty cargo at this area i.e. .the entire area inside the high rise wall from convent junction to old Ambedkar circle on the left of the VPT main road from the Arch.
The above areas are proposed to be utilized for storing non-dusty cargos like steel, granite blocks, project cargos etc Dusty cargo at R2-R5 areas is being shifted to newly developed area of 18,200 sq.m. near dock main gate by dismantling existing buildings and another area of about 42,200 sq.m. is under development duly dismantling godowns near main ate.
4 M/S. VPT shall submit the Please refer compliance at point
action plan for no. above
reorganization of the coal stacking yards which are near to the city interface within 15 days.
5 M/s. VPT shall submit the VPT has submitted Compliance action on action plan for mechanization plan for mechanization of of partially mechanized berths (5 partly mechanized berths (5 Nos.) and other berths vide letter nos) and other berths. No. IENG/ENV/NGT/2020/336 dated 25.02.2020.
However, the following is submitted: There are total 26 30 berths all together in the inner and outer harbour areas.
In the Inner Harbour: 21 Berths
i) East Dock area: EQ-I to EQ-IO = 10 Berths
ii) West Dock area: WQ-I to WQ-8 = 8 Berths
iii) Western Arm: OR-I, OR-2 & FB = 3 Berths In the Outer Harbour : 5 (Five) Berths Ore Berth, Oil Berth, LPG Berth, GCB &Container Berth Total 26 Berths exists In the outer Harbour all the 5 (Five) Berths are fully Mechanized.
In the Inner Harbour out of 10 Berths on East Quay, EQ-I is fully Mechanized and operated b M/S Adani and EQ-IA berth is proposed for fully Mechanization through M/s. SEW was terminated and presently under dispute.
EQ-8&EQ-9 berths being operated by M/S VSPL are partially Mechanized whereas EQ-IO berth being operated by M/S AVR Infra is fully mechanized for liquid cargo.
WOB: WQ-5 berth is fully Mechanized being operated by M/S NALCO. WQ-6 berth is semi mechanized being operated M/S WQMPPL, WQ-7 & WQ-8 berths 31 are semi mechanized and are being operated by VPT.
OR-I & OR-2 are fully mechanized and are now are under up gradation for liquid cargo and Fertilizer Berth is fully mechanized The 6 (Berths) in East Dock area viz. EQ2-EQ7 and 4 (four) berths viz WQ1-WQ4 in West Dock area are proposed for semi mechanization duly deploying Harbour Mobile Cranes.
Proposed to mechanize WQ-7, WQ-8 and EQ7 berths in next 3 years through PPP mode. Presently DPR is under preparation by M/S If)RCL.
Dropped the plan to mechanize EQ-2 to EQ-5 berths and decided to handle dust free cargo like fertilizers, food grains bagged cargo, steel, granite blocks etc., at these berths as mechanization is not commercially viable for these cargos.
In this connection it is to mention that full mechanization of the berths EQ-2 to EO-7 and 32 WQ-I to wa-4 though VPT obtained EC / CFO for Mechanization, it could not be done due to the current scenario and there is no demand for cargo envisaged earlier.
Therefore, as per the proposal fully mechanized facilities would be examined at appropriate time 6 The port shall handle dust Noted for compliance free cargo like fertilizers, food grains and bagged cargo, steel, granite etc. in EQ-2 to EQ-5 7 M/S. VPT shall obtain Noted for compliance and will be amendment for the Water processed soon consumption, waste water generation quantity in the CFO 8 M/S. VPT shall obtain VPT has already addressed letters amendment for the to APPCB for revising the quantity hazardous waste generation of sludge/ waste oil in the consent quantities and its disposal order option in the CFO.
9 VPT shall provide Noted for compliance and is in dedicated tankers to the progress. stock yards which are not provided with the MDSS in such a way that the entire stock yard shall be sprinkled 33 once in two hours.
10 M/S. VPT shall install PLC Noted for compliance. Now PLC based MDSS at all dusty based stacking areas and shall MDSS is functioning at WOB. report Implementation Proposed to convert the existing progress every month to ZO, MDSS at S4 area, L17 area etc. in Visakhapatnam and RO, phases. Visakhapatnam.
11 M/S. VPT shall complete the Estimate approved at a cost of balance plantation target of Rs.3.83 Crores and plantation is 1.02 lakhs under Green targeted to be completed by end of Visakha program at all the December, 2020. vacant places available in Copy of NIT enclosed port area by Dec'2020 12 Arial videography (with the Complied help of drone) / photos of the Air pollution control measures / equipment, tarpaulin covered shall be taken and shall submit to the Board within 1 week.
13 The VPT shall utilize the VPT has already purchased fines collected from tarpaulins at a cost of Rs.10 lakhs stevedores and PPP in the Month of February 2020. operators for the purchase of Tender for procurement of tarpaulins tarpaulins at a cost of Rs. l.52 crores is under finalization and purchase order will be issued by end of June-2020. Copy of NIT enclosed.
3414 M/S. VPT shall ensure that Noted for compliance. no leakages of Urea, sulphur and rock Phosphate while transporting through trucks from Port to the user.
15 Strict procedures shall be Noted for compliance followed for maintaining cleanliness at the jetty while handling Ammonium Nitrate to prevent contamination with any reactive substance containing carbonaceous, hydro carbonaceous material and any other incompatible material 16 The district Crisis Group Periodical Mock drills are being formed under MSIHC rules conducted in VPT where shall monitor and review Ammonium Nitrate is handled. the safety measures regarding of Ammonium Nitrate and ensure additional safety precautions to be taken by conducting periodical mock drills under the supervision of the District Crisis Group.
17 The VPT shall take all the Noted for compliance.
necessary measures to However, VPT has issued LOI on control the air pollution and 16.06.2020 to M/S NEERI, shall ensure that PM2.5 & Hyderabad center for "Air pollution PM 10 daily/monthly and and source apportionment study annual average values are for the assessment of Impact of within the standard.
Visakhapatnam Port operations on ambient air quality in and around port area" at a cost of Rs. 63 lakhs, which is targeted to be completed by Jul 2021.
3518 The VPT shall comply the Noted for compliance directions issued by the Board from time to time.
19 The VPT shall submit the Bank guarantee for an amount of performance Bank Rs. 1 Crore is submitted to APPCB guarantee of an amount of on 16.06.2020 Rs. 1 Crore for completing all the works required to be done.
7. The Port Trust also filed their compliance report which reads as follows:
"MEMO FILED ON BEHALF OF 3rd RESPONDENT It is humbly submitted before this Hon'ble Tribunal as follows:
1. As per the directions of this Hon'ble Tribunal dated
08.03.2017, the Andhra Pradesh Pollution Control Board issued Order No.724/APPCB/UH- lI/TF/VSP/2020 dated 02.03.2020 wherein the APPCB has issued 19 directions. It is submitted that this Respondent has complied with these directions and the compliance details of those directions by the 3rd Respondent are as follows:
Sl.No APPCB directions Compliance of 3rd Respondent as on dated 02.03.2020 31.07.2020 36 1 M/s. 1) Installed MDSS at the following areas Vishakapatnam Port where dusty cargo is being stored /stacked:
Trust (Hereinafter i)WOB area, ii) S-4 area, iii) L-17 area andiv) referred as VPT) Part of R-2 to R-5 area.
shall install MDSS at
all dusty cargo 2) Mobile tankers deployed at the
areas within 6 following areas where dusty cargo is being
months. stored / stacked:
i) A, B at TM office ii) L-9, L-10
& L11 areas.
3) Invited tenders and evaluation of
tenders for installation of MDSS at the following areas is in progress and the work is expected to be completed by end of July 2021 with an approximate cost of Rs. 12.31 crores. (Copy of NIT enclosed for ready reference):
i) R-2 to R-5 areas(Balance
work)
ii) NH yard area
iii) West of OHC along Coast
Guard Road iv) North of TINA Godown area v) North West corner of WOB Action plan: Annexure-1 In addition to the MDSS at the above areas, planning to construct 2 (two)covered storage sheds of size 200m x 40m x 17m and 200m x 30m x 17mat R6-
R9 areas for storing the dusty cargo at an estimated cost of Rs. 27.53 crores. Tenders are being invited.
Action plan: Annexure-2 37 2 M/s VPT shall remove Cargo from these areas was removed to an dusty cargo stored near to extent of 80% and the balance quantity is habitation R-2, R-4 & R- fully covered with good quality tarpaulins. 5,A,B immediately where No further storage is allowed. there is no MDSS system.
During March 2020, VPT has Installed MDSS at R-2,R-5 areaswith 9 Nos. of sprinklers for dust suppression at a cost of Rs. 33 lakhs.
Additional land for cargo storage is developed duly dismantling some of the buildings from old Andhra Bank up to Electrical sub-station to an extent of 18,200 sq.m. to accommodate the shifted cargo from R2-R5 areas.
Further, proposed to dismantle FCI godowns to get an extent of 42,000 sq.m. of land for storage of dusty cargo to meet the demand.
Once MDSS is fully installed at R2-R5 areas, VPT may be permitted to store dusty cargo at R2-R5 areas in view of the above directions.
3 M/s. VPT shall submit the VPT has submitted Compliance on action action plan for plan for re-organization of dusty cargo reorganization of the stack yards vide dusty cargo at different Lr.No.IENG/ENV/NGT/2020/336 dated stacking yards within 15 25.02.2020.
days.
However, as a part of reorganization of coal stack yards, shifted the dusty cargo like coal, bauxite, iron ore, rock phosphate, sulphur manganese ore etc., from the 38 following areas to the other vacant lands of VPT away from the city interface:
i. GCB area: The coal from the backup area of GCB was shifted to VGCB, AVTL, L-17 areas and the vacant land is being used for storage of containers)Photo:1 Enclosed R-6 area: The cargoes like Sulphurand Rock Phosphate hitherto being stored was disposed by the trade and VPT banned to store any dusty cargo at this area i.e. the area along the VPT newly constructed high rise wall from Kobbarithota junction to sea horse junction. Further, it is to inform that VPT developed tree plantation in the above area. Photo:2 Enclosed.
iii.R-9 & R-10:The cargoes hitherto being stored at these areas was disposed by the trade and VPT banned to store any dusty cargo at this area i.e. the area on the west of S-6 conveyor area from H-7 junction to APSEB Sub-station. Area kept vacant for future Railway siding. Photo:3 Enclosed.
iv. West of H-7 area:The dusty cargo like coal hitherto stored was disposed by the trade and VPT banned to store any dusty cargo at this area i.e. the Area between H-7 road and SAIL road.
v. Sandilya weighbridge area: The cargo like Rock phosphate and other dusty cargoes hitherto stored was disposed by 39 the trade and banned to store any dusty cargo at this area i.e. the entire area inside the high rise walls from convent junction to Kobbarithota junction and on the East of port main road from the port Arch is now developed with a bridge and four lane road for fast movement of cargo vehicles for fast evacuation of cargo from port.Photo:4 Enclosed vi. R-11 area: The dusty cargo like coal etc. hitherto stored was disposed by the trade and banned to store any dusty cargo at this area i.e. .the entire area inside the high rise wall from convent junction to old Ambedkar circle on the left of the VPT main road from the Arch.
The above areas are proposed to be utilized for storing non-dusty cargos like steel, granite blocks, project cargos etc. Dusty cargo at R2-R5 areas is being shifted to newly developed area of ii. 18,200 sq.m. near dock main gate by dismantling existing buildings and another area of about 42,200 sq.m. is under development duly dismantling godowns near maingate.
4 M/s. VPT shall submit the Please refer compliance at point no.3 above.
action plan for re-
organization of the coal
stacking yards which are
near to the city interface
within 15 days.
40
5 M/s. VPT shall submit the VPT has submitted Compliance on action
action plan for plan for mechanization of partially
mechanization of partly mechanized berths (5 Nos.) and other
mechanized berths (5 nos) berths vide letter
and other berths. No.IENG/ENV/NGT/2020/336 dated
25.02.2020.
However,the following is submitted: There are total 26 berths all together in the inner and outer harbour areas.
In the Inner Harbour: 21 Berths
i) East Dock area: EQ-1 to EQ-10 = 10 Berths
ii) West Dock area: WQ-1 to WQ-8 = 8 Berths
iii) Western Arm: OR-1, OR-2 & FB = 3 Berths In the Outer Harbour : 5 (Five) Berths Ore Berth, Oil Berth, LPG Berth, GCB & Container Berth Total 26 Berths exists In the outer Harbour all the 5 (Five) Berths are fully Mechanized.
In the Inner Harbour out of 10 Berths on East Quay, EQ-1 is fully Mechanized and operated by M/s Adani and EQ-1A berth is proposed for fully Mechanization through M/s SEW was terminated and presently under dispute.
41EQ-8 & EQ-9 berths being operated by M/s VSPL are partially Mechanized whereas EQ-10 berth being operated by M/s AVR Infra is fully mechanized for liquid cargo.
WOB: WQ-5 berth is fully Mechanized being operated by M/s NALCO. WQ-6 berth is semi mechanized being operated M/s WQMPPL, WQ-7 & WQ-8 berths are semi mechanized and are being operated by VPT.
OR-1 & OR-2 are fully mechanized and are now are under up gradation for liquid cargo and Fertilizer Berth is fully mechanized.
The 6 (Berths) in East Dock area viz.
EQ2-EQ7 and 4 (four) berths viz WQ1WQ4 in West Dock area are proposed for semi mechanization duly deploying Harbour Mobile Cranes.
Proposed to mechanize WQ-7, WQ-8 and EQ-7 berths in next 3 years through PPP mode. Presently DPR is under preparation by M/s IPRCL.
Dropped the plan to mechanize EQ-2 to EQ- 5 berths and decided to handle dust free cargo like fertilizers, food grains bagged cargo, steel, granite blocks etc., at these berths as mechanization is not commercially viable for these cargos.
In this connection it is to mention that full mechanization of the berths EQ-2 to EQ-7 and WQ-1 to WQ-4 though VPT obtained EC 42 / CFO for Mechanization, it could not be done due to the current scenario and there is no demand for cargo envisaged earlier. Therefore, as per the proposal fully mechanized facilities would be examined at appropriate time.
6 The port shall handle dust Complied. free cargo like fertilizers, food grains and bagged cargo, steel, granite etc. in EQ-2 to EQ-5 7 M/s. VPT shall obtain Noted for compliance and will be processed amendment for the Water soon. consumption, waste water generation quantity in the CFO.
8 M/s. VPT shall obtain VPT has already addressed letters to amendment for the APPCB for revising the quantity of sludge/ hazardous waste waste oil in the consent order on generation quantities and amendment for hazardous waste vide letter its disposal option in the No.IENG / Env.Cell / APPCB / 11A / Pt.I / CFO. 310, dated 01.01.2020.
9 M/s. VPT shall provide Compliance is in progress.Photo: 5 - dedicated tankers to the showing tankers for sprinkling of stock yards which are not water enclosed. provided with the MDSS in such a way that the entire stock yard shall be sprinkled once in two hours.
4310 M/s. VPT shall install PLC Noted for compliance. Now PLC based based MDSS at all dusty MDSS is functioning at WOB. Proposed to stacking areas and shall convert the existing MDSS at S4 area, L-17 report area etc. in phases.
Implementation progress every month to ZO,Visakhapatnamand RO, Visakhapatnam.
11 M/s. VPT shall complete Estimate approved at a cost of Rs.3.83 the balance plantation Crores and plantation is targeted to be target of 1.02 lakhs under completed by end of December, 2020. Green Visakha program at Tender finalized and work order yet to be all the vacant places issued. available in port area by Dec'2020.
12 Arial videography (with Complied.
the help of drone)/Photos of the Air pollution control measures/ equipment, tarpaulin covered shall be taken and shall submit to the Board within 1 week.
13 The VPT shall utilize the VPT has already purchased tarpaulins at a fines collected from cost of Rs.10 lakhs in the Month of stevedores and PPP February 2020. operators for the purchase of tarpaulins.
Tender for procurement of tarpaulins at a cost of Rs.1.52crores is under finalization and purchase order will be issued by 10.08.2020 14 M/s. VPT shall ensure Complied.
that no leakages of Urea,
sulphur and rock
Phosphate while
transporting through
trucks from Port to the
44
user.
15 Strict procedures shall be Complied.
followed for maintaining
cleanliness at the jetty
while handling
Ammonium Nitrate to
prevent contamination
with any reactive
substance
containing
carbonaceous,
hydrocarbonaceous
material and any other
incompatible material.
16 The district Crisis Group Periodical Mock drills are being conducted in formed under MSIHC VPT where Ammonium rules shall monitor and review the safety Nitrate is handled.
measures regarding of Ammonium Nitrate and ensure additional safety precautions to be taken by conducting periodical mock drills under the supervision of the District Crisis Group.
17 The VPT shall take all the However, VPT has issued work order on necessary measures to 01.07.2020 to M/s NEERI, control the air pollution Hyderabad center for "Air pollution and and shall ensure that source apportionment study for the PM2.5 & PM 10 assessment of Impact of daily/monthly and annual average values are within Visakhapatnam Port operations on ambient the standard. air quality in and around port area" at a cost of Rs. 63 lakhs, which is targeted to be 45 completed by July 2021.
18 The VPT shall comply the Complied directions issued by the Board from time to time.
19 The VPT shall submit the Bank guarantee for an amount of Rs.1
performance Bank
Crore is submitted to APPCB on 16.06.2020. guarantee of an amount of Rs.1 Crore for completing Also VPT has paid Rs. 1.97 crores towards all the works required to Environment compensation to be done.
APPCB on 14.07.2020. Photo 6 - Copy of DD enclosed Annexure - 1 ACTIONPLAN Name of work:
Installation of mechanical dust suppression system (MDSS) at dusty cargo areas viz. R2 to R5 areas, NH yard, West of OHC along coast guard road and NMDC area, North of TINA go- down area and North west corner of WOB in Visakhapatnam Port Sl. Activity Time frame No. Proposed Revised 46
1. Preparation of detailed 31.03.2020 31.03.2020 estimates and obtaining sanction of competent authority
2. Issue of tender 15.05.2020 03.07.2020 (2nd Call)
3. Opening and finalization of 30.06.2020 10.08.2020 tender
4. Award of work 15.07.2020 20.08.2020
5. Commencement of work 01.08.2020 01.09.2020
6. Completion of work and 31.07.2021 31.07.2021 commencement of operations Annexure - 2 ACTIONPLAN Name of work: Construction of covered storage sheds at identified areas in Visakhapatnam Port Sl. Activity Time frame No. Proposed Revised
1. Preparation of detailed 15.05.2020 15.08.2020 estimates and obtaining sanction of competent authority
2. Issue of tender 30.06.2020 30.08.2020
3. Opening and 14.08.2020 20.10.2020 47 finalization of tender
4. Award of work 25.08.2020 30.10.2020
5. Commencement of 10.09.2020 01.11.2020 work
6. Completion of work 31.08.2021 31.10.2021
8. The learned counsel appearing for the Andhra Pradesh State Pollution Control Board wanted to ascertain status of the compliance report submitted by the 3rd respondent. The counsel for the 3rd respondent also submitted that they did not receive the report submitted by the Andhra Pradesh State Pollution Control Board. Both the counsel are directed to exchange their respective reports so that they may verify the same and take appropriate further action if any, required regarding the same.
9. We record the action taken report submitted by the Andhra Pradesh State Pollution Control Board as well as the compliance report submitted by the 3rd respondent subject to liberty for the Andhra Pradesh State Pollution control Board to verify the compliance report submitted by the 3rd respondent.
10. The Andhra Pradesh State Pollution control Board is directed to continue the monitoring as directed by this Tribunal by the original order dated 08.03.2017, and submit a periodical report to this Tribunal after a period of three months.48
11. The Port Trust is also directed to file the compliance report regarding the action plan for rectifying the deficiencies found in the earlier inspection by the Andhra Pradesh State Pollution Control Board within a period for three months.
12. The Office is directed to put up the matter for consideration on receipt of such report.
...................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.68/2015 05th August 2020. Sr. 49