National Green Tribunal
Jith Kumar vs State Of Kerala Represented By Its Chief ... on 23 February, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.13 to 16:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.442 of 2013 (SZ)
With
Original Application No.20 of 2017 (SZ)
With
Original Application No.276 of 2017 (SZ)
With
Original Application No.77 of 2021 (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)
With
Suo Motu Proceedings initiated based on a
Letter received from Justice A.V. Ramakrishna Pillai,
Former Judge, High Court of Kerala,
Chairman, State Level Monitoring Committee, Kerala.
Page 1 of 29
With
The Chief Secretary,
Government of Kerala,
Thiruvananthapuram and Ors.
....Respondent(s)
O.A. No.442 of 2013:
For Applicant(s): M/s. Kashmeera Ashraf.
For Respondent(s): Mr. G. Vignesh represented
Mr. E.K. Kumaresan for R1.
Mr. G.M. Syed Nurullah Sheriff for R2.
Mr. K.R. Harin for R3.
Mrs. V.K. Rema Smrithi for R4.
O.A. No.20 of 2017:
For Applicant(s): M/s. Kashmeera Ashraf.
For Respondent(s): Mr. K.R. Harin for R1.
Mrs. V.K. Rema Smrithi for R2.
Mr. D.S. Ekambaram through
Mrs. P. Jayalakshmi for R3.
Mrs. Vidhyalakshmi Vipin through
Ms. Mokshavathy for R4.
Mr. G. Vignesh represented
Mr. E.K. Kumaresan for R6 & R9.
Mr. Meyyappan represented
Mrs. Me. Saraswathy for R7.
O.A. No.276 of 2017:
For Applicant(s): M/s. Kashmeera Ashraf.
For Respondent(s): Mrs. Vidhyalakshmi Vipin through
Ms. Mokshavathy for R1.
Mr. D.S. Ekambaram through
Mrs. P. Jayalakshmi for R2.
Mr. G. Vignesh represented
Mr. E.K. Kumaresan for R3, R5 & R9.
Mr. K.R. Harin for R4.
Mrs. V.K. Rema Smrithi for R6.
Page 2 of 29
O.A. No.77 of 2021:
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. G. Vignesh represented
Mr. E.K. Kumaresan for R1 to R3, R5 & R7.
Mrs. V.K. Rema Smrithi for R4.
Mr. K.R. Harin for R8.
Mr. M.K. Aboobacker for R9.
Mr. G.G. Manoj for R14.
Mr. T.K. Ajithkumar for R15.
Date of hearing: 23.02.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
1. As per order dated 02.12.2021, this Tribunal had considered the order passed on 21.06.2021 and 30.07.2021 and considered the report submitted by Mr. Justice A.V. Ramakrishna Pillai, Former Judge of High Court of Kerala, Chairman - Kerala State Level Monitoring Committee appointed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and extracted in Para (4) of the order and considered the report submitted by the Secretary, Vadavucode - Puthencruz Gram Panchayat in O.A. No.77/2021 dated 29.07.2021 and extracted in Para (6) of the order, considered the another report submitted by Mr. Justice A.V. Ramakrishna Pillai, Former Judge Page 3 of 29 of High Court of Kerala, Chairman - Kerala State Level Monitoring Committee dated 22.09.2021 and extracted in Para (7) of the order and considered the report submitted by the 8th Respondent in O.A. No.77/2021 dated 22.09.2021 and extracted in Para (9) of the order and also considered the report submitted by the Chief Secretary, State of Kerala dated 07.10.2021 in O.A. No.442/2013 and extracted in Para (11) of the order and then, passed the following order:-
"12.They have annexed some annexure regarding the manner in which action plan has been prepared for effective implementation of Solid Waste Management Rules, 2016 in Ernakulam District. But quite unfortunately, there also they have not achieved the 100 per cent compliance. Most of the Municipalities are not carrying out door to door collection on daily basis of both bio-degradable as well as non-biodegrable waste as required under the Solid Waste Management Rules, 2016 and some of the local bodies have Shirked the responsibility of collecting this by passing resolutions directing the residents themselves to dispose the biodegradable waste by undertaking some in situ management. Nobody is there to monitoring as it is being properly done or not. They are also spending huge amount by providing bio-gas units but that also not achieving the purpose for which it has been intended as there is no proper mechanism to monitor as to whether it is being properly done or not and whether there is any possibility of any consequential damage being caused to the environment including breeding of mosquito in that area as well. Even as regards collection of non-biodegradable waste, they are selecting the items of waste to be collected leaving other items to be disposed of by the residents themselves, which is not permissible under the rule. If this is the way in which Solid Waste Management Rule is to be implemented, then we do not think that State of Kerala will achieve 100 per cent compliance of implementation of the Rules. They are expected to verify the Rules and understand their responsibility and carry out the same in its letter and spirit. This is being insisted by Principal Bench in O.A. No. 606 of 2018 and in fact expressed its displeasure in the manner in which it is being implemented in State of Kerala in some of the orders.
13.Even as regards the bio-mining in Brahmapuram is concerned, they have not started the work so far. Still it is in the stage of finalizing the tender and handing over the area to persons who is said to be the successful Page 4 of 29 bidder. This promise has been made to this Tribunal since last year. No significant improvement has taken place in reducing the mount of legacy waste lying in Brahmapuram dumpyard. Further, the leachate treatment plant is also not properly functioning and they are operating the waste management facility without proper authorization since long time, which in fact is against the rules. If the Local Bodies and Government Department themselves are violating the Rules and carrying out the activities against the environmental norms, then how it can be possible for the Government to impose penalties against the poor people who are not able to comply with the same on account of the non-cooperation of the local bodies in collecting the same as provided under the rules. However, considering the present flood situation in Kerala, we feel that some more time can be granted to State of Kerala and the regulators to come with a proper progress of implementation of Solid Waste Management Rules, 2016 and other waste management rules in State of Kerala as directed by Principal Bench in O.A. No. 606 of 2018 as well as directed by this Tribunal in this case and if no satisfactory report is filed, then this Tribunal will be compelled to initiate coercive actions including imposition of environmental compensation for the damage caused to environment by the State machineries itself after taking over the same from Kochi Corporation for non-implementing the same to the satisfaction of the Tribunal.
14.Pollution Control Board is also directed to submit the detailed report regarding the averments made by the Chairman, State Monitoring Committee regarding dumping of waste in private land and also the manner in which it is said to have been disposed of. A detailed enquiry will have to be conducted in this regard and they will have to take appropriate action against the persons who are responsible for the same in accordance with law.
15.The action plan submitted by the Chief Secretary is also not satisfactory as it is evident from the timelines submitted. No proper scrutiny was made by him or by the concerned Principal Secretary. We do not wish to point out the oddities in the timelines indicated in the report, instead we leave it to the Chief Secretary to go through the action plan once again and submit a realistic report considering that implementation of Solid Waste Management is very poor for long time. Quite unfortunately, though the Waste Management Rules have come into force from 1998 onwards and taken superseded by 2000 Rules and then by 2016 Rules. In spite of that, on ground no improvement has taken place. Government has taken no effective steps to implement the same in its letter and spirit. Further, being a literate State, they are expected to achieve the implementation of Solid Waste Management Rules and other environmental laws in the State so as to make them the best in implementation of waste management rules and they are not able to achieve the target or procure the award that is being declared by the Central Ministry in this regard. Unless some effective steps are taken by them, the Slogan of "Malinya Mukta Keralam" or clean Kerala will not be Page 5 of 29 possible by merely creating some Sena etc. that will also be another waste of public money unless it is being properly implemented.
16.The Chief Secretary has to look into these issues and issue necessary directions to the local bodies to ensure day to day collection of waste as required under Solid Waste Management Rules, 2016 both biodegradable and non-biodegradable from the residences as to comply with the direction issued by the Principal Bench in O.A. No. 606 of 2018, then only it can be said that those aspects have been achieved 100 per cent otherwise whatever report submitted by them will not be accepted by this Tribunal. Some assurance must be obtained from local bodies that this will be implemented by them based on the instructions to be issued by the Chief Secretary, otherwise that will also be seriously looked into by the Tribunal. The local bodies have no discretion to avoid collection of certain type of waste which is the responsibility of the local bodies to collect as per the Rules. Any resolution passed by them against the Rules will not absolve them from the statutory liability of implementing the Solid Waste Management Rule as provided therein.
17.Pollution Control Board is directed to ascertain the present status of implementation of Solid Waste Management Rule within the Ernakulam District and also a give a bird‟s eye view as to how it is being implemented in State of Kerala in the local bodies, district wise so as to compare the implementation of the same in each district for the purpose of giving proper direction to the Chief Secretary in this regard.
18.Pollution Control Board is also directed to enquire into the nature of observations made by the State Level Monitoring Committee in the report extracted above and come with the proper action taken report against those persons who are responsible for the same.
19.All the local bodies, Kochi Corporation and District Collector, Ernakulam and the Chief Secretary, Secretary for Environment, Secretary for Local Administration are directed to file their further progress report of their monitoring as directed by the Principal Bench in O.A. No. 606 of 2018 regarding the implementation of and its success to avoid any coercive orders to be passed by this Tribunal for non-implementation of the same since even after such a long time, no improvement has taken in this regard, at least, since 2012 onwards. They are directed to submit the respective reports to this Tribunal on or before 24.01.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
20.The Registry is directed to communicate the order to the Chief Secretary, Principal Secretary for Environment, Municipal and Local Administration including Panchayats, Commissioner, Cochin Corporation, Secretary for Local Bodies in Ernakulam District who have been impleaded Page 6 of 29 in the concerned case, District Collector, Ernakulam, Pollution Control Board, Chairman State Level Monitoring Committee for their information and compliance of the direction of this Tribunal."
2. The case was originally posted to 24.01.2022 for consideration of further reports. On 24.01.2022, it was adjourned to today by notification.
3. After the case was adjourned, we have received the report submitted by Mr Justice A.V. Ramakrishna Pillai, Former Judge of High Court of Kerala, Chairman - Kerala State Level Monitoring Committee dated 24.01.2022 received on 28.01.2022 which reads as follows:-
"REPORT At about 5 p.m on 18.1.2022 I received a message from the Chief Environmental Engineer, Kerala State Pollution Control Board, Regional Office, Ernakulam informing that there was a fire outbreak in the Solid Waste Dumping Yard at Brahmapuram during the course of the day. (It was on the same day that there was an outbreak of fire at the plastic waste storage yard at Kalamassery, regarding which I have forwarded a report on 23.01.2022). Annexure-I series are the screen shots received from him. It was informed that the surveillance team of the Board had rushed to the spot. I along with the Chief Environmental Engineer, KSPCB, Regional Office, Ernakulam inspected the site at about 12.30 p.m. on 20.01.2022. Annexure- II is the photograph taken at the time of inspection.
REMARKS a. The solid waste dumping is having an extent of about 110 Acres allocated for disposal of bio-degradable, non-biodegradable and septage waste.
b. Huge heaps of legacy waste deposit is the constant phenomena of the yard, which is under the control of Kochi Municipal Corporation.
c. It is given to understand that the Kochi Municipal Corporation had recently placed a proposal for bio-mining which has started functioning Page 7 of 29 at the entrance of the yard using certain machineries. However, this process is going on at a low pace, though the old trommel machines also are operational.
d. The previous proposal for the waste to energy plant is not materialized till e. The septage treatment plant is now under closure for repair. f. As usual plastic waste materials were found dumped in the open space along the south east side as well as at the entrance g. There are no sufficient facilities to process the plastic waste. There is a shed which is not capable to accommodate the entire plastic waste coming to the yard.
h. The plastic shredding machine installed at the site was seen kept idle as usual i. The fire incident on 18.1.2022 was at the area where old plastic materials were heaped. This is at the southern boundary of the yard. This area is boarded on the south by a tributary of Chithrapuzha.
j. The Fire and Secure team were able to control the fire during the same night itself. However, it is learnt that there was emission of heavy smoke due to the burning of plastic.
k. The fire incident occurred at the yard on 18.1.2022 is not a solitary incident. There were fire outbreaks on the yard in 2019, 2020 and 2021 also.
l. A study was conducted by the NIIST, Thiruvananthapuram after the fire incident at the yard in the year 2019 and it was found that the dioxin level observed was dangerously high. The findings in the study report was referred to in pages 6 and 7 of my previous report dated 28.07.2021.
m. During my inspection on 20.1.2022, water hydrants were seen operational and no fire or smoke was observed at that time (Kindly see Annexure-II).
n. There is no change in the general condition of the entire dumping yard which was detailed out in my previous report dated 28.07.2021.
o. In response to the show cause notice dated 16.3.2021 issued by the KSPCB to the Kochi Municipal Corporation, the Corporation had given a reply on 9.4.2021 along with certain Annexures which were produced as Annexure-X5 series in my previous report dated 28.7.2021. This was found Page 8 of 29 unsatisfactory by the KSPCB and it was informed that Kochi Municipal Corporation is liable to be proceeded with for violation of the provisions of the Solid Waste Management Rules, 2016. This was an as per notice dated 1.5.2021, the copy of which is produced as Annexure III.
The above facts are placed for consideration and appropriate orders of this Hon'ble Tribunal.
Dated this the 24th day of January, 2022."
4. We have also received another report submitted by Mr. Justice A.V. Ramakrishna Pillai, Former Judge of High Court of Kerala, Chairman -
Kerala State Level Monitoring Committee dated 29.01.2022 received on 08.02.2022 which reads as follows:-
"REPORT Kindly see my previous report dated 08.01.2021 in the matter. In the aforesaid report, the unscientific methods of disposal of Solid Waste (degradable waste including biomedical waste and non-degradable waste) by burning in the open space in the hospital premises, were pointed out. The condition of effluent treatment plant from which treated and partially treated effluence was discharged in the different earthen pits nearby, was also mentioned in the previous report. At that time the renovation of the treatment plant was undergoing.
Few days back i.e., on 17.01.2022 I came across with a paper report on the same issue. The copy of the same is marked as Annexure-I. Annexure-I says that solid waste including plastics are disposed of in earthen pits in the open yard near the Cancer Centre, and effluents from the septic tanks is being discharged to the play ground of the College.
On 20.01.2022, I made a local inspection of the site. The Chief Environmental Engineer, KSPCB, Regional Office, Ernakulam accompanied me. Annexure-II series are the photographs taken at that time.
REMARKS a. Solid waste materials were seen in the open yard near the Cancer Centre [Kindly see Annexure-II(a)] Page 9 of 29 b. Old pits in which solid waste materials were seen burnt during my previous visit, are now filled with soil. Presumably it may be due to the some ongoing construction at the site.
c. The effluent treatment plant was found to be only partially operational [Kindly see Annexure-II(b)].
d. The preliminary STP components were not operational [Kindly see Annexure-II(C)] e. It could be gathered from the responsible officer present at the site that preliminary treatment facilities viz., screen, oil trap etc., are not yet made operational.
f. A small out let discharging effluent, opening directly to the play ground was noticed. It was routed to the public drain by the side of NAD - Kalamassery Road, in front of the hospital [Kindly see Annexure-II(C) to II(f). The foul smell experienced at the spot is indicative of the fact that the discharge was from some damaged soak pit or due to the overflow of some septic tank.
g. No permanent distribution lines for satisfactorily discharging treated effluent were seen.
h. Several flexible hoses were seen at the site. These may be temporary arrangements for transferring untreated sewage from primary collection tank to different components of STP.
i. At the final discharge point of STP, a percolation pit was seen in dry condition and septage like matter was seen settled at the bottom. This would indicate that the septage treatment facility is only partly operational or not in regular operation.
j. It is only reasonable to presume that the flexible hoses made mention of in Clause (h) above are used for discharging untreated effluent to the percolation pit mentioned earlier.
k. According to KSPCB, this health care facility was allowed to function as per the consent renewal order which expired on 30.06.2018. The said consent was conditional. The consent was not renewed yet. The renewal application which was finally resubmitted on 29.12.2021 is pending for want of clarity regarding installation of STP as well as satisfactory treatment facilities.
Page 10 of 29Therefore, the Kerala State Pollution Control Board insists for the following
(i) Positioning of all primary sewage collection tanks and flow paths and marking the same in the approved site plan to ensure the entry of the entire raw sewage to the primary collection tank of STP and treatment components.
(ii) Making all components of STP operational immediately,
(iii) Replacement of flexible hoses by permanent fixtures.
(iv) Showing the provided as well as proposed routes of treated effluent
(v) Proper maintenance of TOD/effluent flow meter.
(vi) Periodical submission of biomedical waste/solid waste disposal details.
Placed for consideration and appropriate orders.
Dated this the 29th day of January, 2022."
5. We have also received the status report submitted by the District Collector, Kollam Distrcit in O.A. No.442/2013 dated 22.02.2022, e-filed on the same date which reads as follows:-
"Status Report of Bio mining of Legal waste at Kureepuzha. It is submitted that the District Collector, Kollam is closely monitoring the steps initiated by the Kollam Muncipal Corporation to resolve the issue of disposal of legacy Waste dumped at the "Kureepuzha Chandi Depot". Also conducted several meetings with the stakeholder to initiate th completion of the project. The Kollam Corporation had plotted tender for Bio-mining of the Legacy waste at Kureepuzha on 27.01.21, technical bid was opened, three bidders participated. Based on the evaluation and report of the technical committee it was found that only one bidder was technically qualified. As per the PWD manual, if only one bidder is found eligible after technical evaluation then it is considered as a single bid: So, it has to retendered. So the work was retendered on 11.02.2021. The technical bid was opened and three bidders were participated. Based on the technical Page 11 of 29 committee evaluation only one bidder ie. (Zigma Global Environ solutions Pvt Ltd.) found technically qualified for the next stage. But the quoted rate by, Zigma Global Environ Solution Ltd was found to be higher than the scheduled rate. Thus the matter was discussed in the council meeting held on 22.03.21 and was decided to refer the matter to the Government for approval.
On 07.06.2021, a letter from Government has received stating the approval of rate (1130/m3) negotiated by Zigma Global Environ solutions Pvt. Ltd. The corporation council also approved the same on 17.06.21. Accordingly, the letter of acceptance was issued on 28.06.2021 and the agreement was signed on 10.07.21. It is submitted that the corporation has already issued work order to the firm and the site was also handed over to them on 12 07 21.
On 02.08.21, as a first step of starting of work, nearly 8 acres of vegetative growth over the legacy waste dump site area and its boundaries were cleared and debris were removed for early conveyance of machineries and setting up of equipments. On 03.08.21 the contractor has conducted as drone based survey in the presence of KMC officials to ascertain the quantity assessed by NIT Calicut. On 14.08.21. Excavator for windrowing the legacy waste reached the site, Instruments for environmental baseline study such as ambient air quality monitoring, noise pollution and waste quality listing equipment has reached at the site on 28.08.2021 and samples collected for baseline environmental study. On 10.11.21, chief Technical Examiner visited the site and directed the officials to conduct a total station survey to check the accuracy of the quantity. Based on this, a total station survey was conducted on 22.11.21 and CTE approval will be provided.
Installation of the bio-mining plant infrastructure has been completed and set for doing a bench test shortly. 80% of the Lake side fencing has been completed and the remaining work gets delayed due to continuous rain Application for a new transformer of 99ky is submitted to KSEB which is under process. It is expected to start the windrowing after getting the initial level approval from CTE. The project is getting delayed due to the recent in expected rains and high moisture content of the legacy waste area.Page 12 of 29
District level monitoring committee (DLMC) has been constituted under the chairmanship of DC, Kollam with a view to evaluate the progressive implementation of the various judgement and orders of the Hon'ble NGT. The DLMC has been convened eleven times so far in order to assess the inevitable progressive implementation of the environmental laws. The legacy waste in each Grama Panchayath in the District have been removed through private scrap leaders and clean Kerala company.
A solid waste action plan in every LSGD in the District has been prepared in compliance of the order in OA 606/18 of the Hon'ble NGT; More over DC, Kollam presided over a meeting with all LSGD officials based on the template of the KSPCB where in data has been gathered in the sphere of Waste Management plan, Water Quality Management plan, Domestic Sewage Management Plan, Industrial Waste Water Management Plan, Air Quality Management Plan, Mining Activity Management Plan, Noise Pollution Management Plan. Subsequently, District environment plan has been drafted, finalized and published in the District website. DLMC is convened regularly to review the improvement in the above mentioned spheres."
6. We have also received another report filed by Mr. Justice A.V. Ramakrishna Pillai, Former Judge of High Court of Kerala, Chairman -
Kerala State Level Monitoring Committee in O.A. No.77/2021 dated 23.01.2022, received on 28.01.2022 which reads as follows:-
"Report During the previous year, I had placed few reports before this Hon'ble Tribunal regarding the failure of Kalamassery Municipality, in enforcing the provisions of Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016. The last report was filed on 22.9.2021, which was adverted to by this Tribunal in the Order dated 2.12.2021.Page 13 of 29
The present report is necessitated in the light of a major fire incident occurred in the non-degradable solid waste dumping yard at Kalamassery under the management of Kalamassery Municipality.
At about 3 p.m. on 18.1.2022, I received a Whats App message revealing the outbreak of a major fire in the plastic storage in the aforesaid dumping yard. Annexure-I is the screen shot from the live video graph so received.
Within few minutes I received the message from the Chief Environmental Engineer, KSPCB, Regional Office, Ernakulam regarding the same incident along with Annexure-II series screen shots. It was reported that the surveillance team of the Board had rushed to the spot. However, the monitoring was bit difficult due to high flames and smoke around.
Though I intended to visit the spot immediately I had to postpone the visit to the day after next, on the basis of the expert advice that the emission of dioxin and furan which are bound to occur due to the ignition of plastics at limited temperature is not conducive to inhalation as it would cause lung disorders.
On 20.1.2022 at about 10 a.m., I along with Chief Environmental Engineer, KSPCB, Regional Office, Ernakulam, inspected the dumping yard. The Chairman of the Standing Committee (Health) along with the Health Inspectors of the Kalamassery Municipality were present at the time of inspection. It was informed that some portions of the non-biodegradable waste was transported from the yard by certain agencies. According to them, the inflow of the plastics to the dumping yard has increased during the past few months. Annexure-III series are the photographs taken at the time of inspection. Annexure-IV is the copy of the news reports regarding the visit.
REMARKS a. The solid waste dumping site is an extent of about five acres of land where only non-biodegradable waste materials, a major portion of which are plastics, are stored. The dumping yard is by the side of National High Way between Ernakulam and Aluva.
b. The bio-degradable fraction of solid waste collected from the local limits of Kalamassery Municipality is being transmitted to the dumping Page 14 of 29 yard at Brahmapuram as done by four other Municipalities and three Grama Panchayaths.
c. The dumping yard at Kalamassery was established in 2010 on the basis of a conditional consent to operate given by the Kerala State Pollution Control Board. Most of the conditions remain unfulfilled even after the lapse of so many years in spite of repeated direction from the Board.
d. It was an absolute folly on the part of the Kerala State Pollution Control Board to grant consent to operate such a unit, whether conditional or absolute, in such a sensitive area.
e. The fire incident occurred on 18.1.2022 is not a solitary incident. There were fire outbreaks on 24.7.2019 (Kindly see Annexure-V(a) and V(b) screen shots), on 17.2.2020 (Kindly see Annexure-VI screen shot) and on 30.3.2020 (Kindly see Annexure-VII screen shot). However, the present incident was a major one.
f. On 31.3.2020, the KSPCB had issued notice to the Kalamassery Municipality to show cause why environmental compensation should not be imposed on the Municipality for the fire outbreak on 30.3.2020. Annexure- VIII is the copy of the said notice.
g. The quantity of plastic dumped at the yard was unimaginably high as could be discerned from the remains seen at the time of inspection.
h. There was no proper storage of materials received except two small sheds which are extremely insufficient to accommodate the inflow. Therefore more than 80% of the waste materials were exposed to sun and rain.
i. It is distressing to note that an insinuator was installed at the middle of the yard were such a huge quantity of inflammable materials were stored. The Pollution Control Board says that this was without their consent. Now, all most all portions of insinuator, except the metallic exhaust pipe (Kindly see Annexure-III(e)], were destroyed in the recent fire.
j. The dumping yard is boarded on the east by Thoompungal Canal leading to River Periyar which is the main source of drinking water in the city of Kochi and outskirts. The aforesaid Canal and dumping yard are separated by a feeble retaining wall having a height of about two feet [Kindly see Annexures-III(c) and III (d)] which is insufficient to prevent the flow of Page 15 of 29 leach ate from the dumping yard to the Canal. The dumping yard posses a serious threat to the aforesaid river.
k. According to the Municipality the reason for the recent fire incident is yet to detected. However, from the ecological point of view, the reason for the outbreak is quite immaterial. The ultimate reason for the fire is the unscientific way of storage of inflammable waste materials without confirming to the standards prescribed by law.
Before I could conclude this report, I received another Whats App message from Dr.K.P.Pradeep, Advocate, High Court of Kerala which shows the dumping of waste material on the road near Decathalone at Kalamassery. Annexure-IX series are the screen shots so received. This also was verified and found correct.
The materials now placed on the court are sufficient to show, how deplorable is the waste management by Kalamassery Municipality. Unless, stringent actions are taken, this is likely to be repeated in future also thereby leading to undesirable results.
Dated this the 23rd day of January, 2022."
7. The State Pollution Control Board also filed an updated status report dated 23.01.2022 (wrongly shown as 23.01.2021) e-filed on 23.01.2022 which reads as follows:-
"UPDATED STATUS REPORT FILED BY THE CHIEF ENVIRONMENTAL ENGINEER, REGIONAL OFFICE, ERNAKULAM FOR AND ON BEHALF OF THE KERALA STATE POLLUTION CONTROL BOARD AS PER THE ORDERS DATED 02.12.2021 IN O A 77 of 2021 I, M.A Baiju, 55 years, S/o M.K Aravindakshan, now working as the Chief Environmental Engineer, Regional Office, Kerala State Pollution Control Board, Ernakulum. I am competent to and duly authorized to represent the Board. I know the facts and circumstances of the cases. The factual submissions made here under are true and correct to the best of my knowledge, information and belief. In these circumstances, it is just and Page 16 of 29 necessary that this Hon'ble Tribunal may be pleased to accept the accompanying report on file and it is so humbly prayed in the interests of justice in this case.
1. It is respectfully submitted that regarding the solid waste management for the whole State, decentralized Solid Waste Management (DSWM) involving the segregation and processing of waste at source to the maximum extent possible and then at the community level is practised. For the treatment of biodegradable waste, decentralised units are provided at household level, institutional level and community level using different types of composting and biogas units except at Kochi Corporation and Kozhikode Corporation where windrow compost system is provided. Facility is also being provided for door-to-door collection of nonbiodegradable waste by authorised collectors namely Haritha Karma Sena and thereby channelizing recyclable wastes to registered recyclers and non recyclables for road tarring and co-incineration in cement plant. Clean kerala company -
tasked with the responsibility of collection and disposal of non bio degradable waste and legacy/mixed/inert waste in collaboration with local governments are front end processors of waste. Suchitwa mission is giving the technical support and monitoring the sanitation and waste management. Haritha Kerala Mission has been responsible for enhancing community engagement and local solutions at the Local government level. Kudumbashree - Mission under the aegis of NRLM and NULM is giving livelihood support to the Haritha karma sena - local collectors of waste from households and institutions. KILA - the state level training institution for local governments, is giving various categories of stakeholders from elected representatives to local government engineers and the Haritha karma sena on matters pertaining to waste management and green protocols.
2. It is respectfully submitted that as per Solid Waste Management Rules, 2016, 100% door to door collection of waste from households and establishments has to be done by the local body concerned. 92 out of the total 93 ULBs and 919 out of 941 RLBs are practicing segregated door to door collection of waste. Regarding door-to-door collection in households, 41 ULBs cover 75-100%, 25 ULBs cover 50-75%, 14 ULBs cover 25-50% and remaining 13 ULBs cover less than 25% door to door collection. Regarding Door-to-Door collection in establishment, 29 ULBs cover 75-100%, 21 Page 17 of 29 ULBs cover 50-75%, 22 ULBs covers 25-50% and remaining 20 ULBs less than 25% collection. The Board is taking earnest efforts to bring 100% Door to Door collection in all the local bodies. For the storage and disposal of the collected non-bio waste, there are 175 numbers of MCF/RRF with total capacity of 495 TPD. 4298 MT waste has been disposed at KEIL facility through Clean Kerala Company Limited from 68 ULBs and 590 GPs till September 2021. Bio degradable waste is being disposed through 776547 composting units of total capacity 1630 TPD and 76500 bio-methanation units of total capacity 412 TPD.
3. I may humbly submit that regarding identification of suitable sites for setting up Integrated solid waste processing facilities as per Rule 22(1), Government has accorded sanction for the development of Integrated Solid waste management project with waste to energy facility at identified 7 locations through Design Build Finance Operate and Transfer basis under Public Private Partnership mode vide GO (Ms) No. 82/2018/LSGD dated 11/06/2018. The Waste to Energy projects is coming up in the districts of Kollam, Thrissur, Palakkad, Malappuram, Kozhikode, and Kannur. Consent to establish has been issued by the Board for the setting up of WtE plant at Kollam, Palakkad and Kozhikode. In addition to this, the Government have accorded sanction for the setting up of Integrated Solid waste management project with waste to energy facility at Brahmapuram in Ernakulam District. The State Government appointed KSIDC as the nodal agency to coordinate the implementation of projects in the state in collaboration with concerned Local Self Government Institutions.
4. It is respectfully submitted that regarding identification of suitable sites for setting up of common regional sanitary landfill facilities, 25 acre of land has been earmarked by KINFRA at site of FACT at Ernakulam, but in a meeting convened by Chief Minister on 06.12.2021 to discuss the issues related to procurement of land for sanitary landfill, it was decided that since the land under KINFRA for Petrochemical Industrial park could not be allotted for this purpose, the district collectors of Ernakulam, Alappuzha, Pathanamthitta, Idukki, Kollam, and Thiruvananthapuram were instructed to find the required land for sanitary landfill. Steps are to be taken by the Revenue & Industries department for allotting the 15 acres of land in Madakai Industrial estate at Kasaragod district to Clean Kerala Page 18 of 29 Company. Another secured landfill is under construction in Attingal Municipality.
5. A total of 44 dump sites have been identified in ULBs out of which 10 sites have been cleared and remediation works at 13 sites have been initiated. A total of 7 dump sites have been identified in rural LBs out of which 3 sites have been cleared and remediation works at 2 sites have been initiated. Legacy waste clearing has been completed at ten dumpsites, namely 1. Erumakkuzhi, Thiruvananthapuram; 2. Palayam; 3. Punalur; 4. Kottarakkara; 5. Adoor; 6. Erumeli; 7. Vaikkom; 8. Guruvayoor, Thrissur; 9. Pattambi; 10. Thathamangalam, Palakkad. The clearing is progressing at 1. Kozhikode; 2. Kunnamkulam; 3. Chalakkudy; 4. Irinjalakkuda; 6. Munnar 7. Kureepuzha and 8. Varkala. Actions have been initiated by the LSGIs for the bioremediation of three major legacy waste dumpsites at Brahmapuram in Ernakulam, Chelora in Kannur and Njeliyamparamb in Kozhikode.
6. It is respectfully present that to enforce the mandate of Rule 17(3) of Solid Waste Management Rules, 2016, Hon'ble NGT passed an order dated 12.03.2021 in OA 237/2020 regarding the disposal of sanitary waste. As per the order the urban local bodies are directed to collect the segregated non-recyclable dry waste namely sanitary napkin, diapers etc through authorized waste pickers and the segregated sanitary waste shall be treated in incinerators of CBMWTDF of KEIL in Ernakulam. A methodology for registration of LSGIs with KEIL and agencies for collection, transportation and generators is being developed. Action is being taken to study this project on a pilot basis in Kochi Corporation and in municipalities namely Kalamassery, Aluva, Cherthala, Alappuzha etc.
7. It is respectfully submitted that Kerala state has more than 16,000 poultry stalls where around 18 lakh poultry are slaughtered and sold daily and it is estimated that about 1,080 TPD of poultry waste is produced. Guidelines for Licensing Poultry Meat Stalls and Poultry Waste Rendering Plants has been issued in the State vide GO (Ms.) No. 227/2021/LSGD dated, 07.10.2021. According to the orders, District Level Facilitation and Monitoring Committee under the chairmanship of District Collector has to be formed for approving rendering plants and monitoring the same. As on date all Districts have formed DLFMC - all districts except Thiruvananthapuram and Alappuzha have functioning rendering units Page 19 of 29
8. It is respectfully submitted that for the non compliance of the provisions of Solid Waste Management Rule, 2016, direction/notice under section 5 of Environmental Protection act, 1986 were issued to 4 Corporations (Thiruvananthapuram, Kollam, Kochi Corporation and Thrissur); 8 Municipalities namely Aluva, Kalamassery, Thrippunithura, Thrikkakara in Ernakulam District and Kattapana and Thodupuzha in Idukki District, Chalakkudy municipality in Thrissur district and Kasargod municipality and 51 Gramapanchayaths in Idukki District. Direction to remit Environmental Compensation has been issued to two Corporations- Kochi and Thrissur. Kochi Corporation has obtained stay from Hon'ble high court. Hearing has been conducted with Thrissur Corporation as per court order. Further hearing based on the environmental compensation was conducted for Adoor, Pathanamthitta, Thiruvalla and Panthalam municipality on 19.07.2021 and Alappuzha, Cherthala, Chengannur, Kayamkulam, Haripad and Mavelikkara on 07.09.2021 and with Ottappalam municipality and the matter is being followed up. Rs. 32,48,028 has been calculated as damage assessment with respect to the fire accident that happened in Chalakkudy municipality and notice has been issued in this regard.
9. I may humbly submit that in the order dated 02.12.2021 the Pollution Control Board was directed to enquire into the nature of observations made by the State Level Monitoring Committee in the report submitted by the SLMC Chairman and come with the proper action taken report against those persons who are responsible for the same. It is respectfully reported that inspection was conducted by the Board officials on 13.09.2021, 15.05.2021 and 23.09.2021 and specific direction was issued on 25.09.2021 to the land owner with intimation to the Kalamassery municipality. Copy of the same is attached as Annexure 1. During inspection conducted on 06.12.2021, it was noticed that Kalamassery Municipality is transferring bio degradable waste to Brahmapuram solid waste dumping yard where no sufficient facilities exist for proper disposal. Some portion of plastic wastes were seen stored in an enclosed shed, a part of which is being segregated, shredded and bailed but no information was received to where it is disposed or given for recycling. It was also identified that non-biodegradable wastes were seen kept in an open place also. An Page 20 of 29 incinerator was seen there in which plastic waste were also seen burned. This is clear violation as the incinerator installed is not meeting the MSW standards. Meanwhile a complaint was received on 02.12.2021, alleged that with earth movers, pits were being filled with plastic and hazardous waste and covered with soil spreading it flat. After conducting inspection on 03.12.2021 the Environmental Engineer had issued a notice to the Cochin port trust on 06.12.2021 denoting the committed breach of specific rules to comply with specific directions. Copy of the same is attached as Annexure 2. No reply has been received from the Cochin port trust till date.
10. It is respectfully submitted that regarding the waste management of Kochi Corporation and nearby five municipalities and 3 Grama panchayaths at Brahmapuram, certain actions have been initiated. Government has directed Vide G.O (Rt)No.1219/2021/LSGD dated 27/06/2021 to issue work order to the agency (M/s. Zonta) for Biomining of legacy waste. Technical Committee was formed vide G.O.Rt.No.2432/2021/LSGD dated 01.12.2021 for scrutiny of the implementation plan submitted by Zonta Infratech. After obtaining approval from the council the lease deed was executed with KSIDC for transfer of 20 acres of land to concessionaire of waste to energy project. For construction of collapsed roof and structure of the compost plant shed, it is informed that an amount of Rs.1 Crore has been budgeted in the plan fund of 2020-21 for preparing the design and initial work. Also, one more compost plant is proposed in the action plan by the date 31/01/2024. A slaughter house is proposed under KIIFBI project at Kaloor by the date 31/12/2024. Collected non bio waste at the three MCFs and RRF has been disposed through private firm M/s. Bharath Traders. Proposal for MCFs in each of the twenty-one Health Circles is submitted in the action plan.
11. It is respectfully submitted that fire accident was reported on 18.01.2022 in the solid waste dumping yards at Kalamassery and Brahmapuram owned and operated by Kalamassery Municipality and Kochi Corporation respectively. The surveillance team of the Board conducted inspection during fire accident inspection was conducted by the Board officials on 20.01.2022 along with the Chairman, SLMC at North Kalamassery, the solid waste dumping sites of Kalamassery Municipality and Brahmapuram, the dumping site of Kochi Corporation. It is pertinent to Page 21 of 29 note that the dumping site at North Kalamassery is in an extent of about 2 Acres of land where non-bio degradable wastes alone were stored. It was already reported that some portions of these waste were being transferred by certain agencies after bundling. It is to be noted that the bio degradable fraction of solid waste collected by Municipality is being transferred to Brahmapuram plant as if done by other four municipalities viz. Angamaly, Thrikkakkara, Thrippunithura and Aluva and 3 Grama Panchayaths viz. Kumbalangi, Cheranallur and Vadavucode-Puthencruz. The fire accident mentioned occurred at 3.00 PM along its plastic waste storage area near to an incinerator said to have installed for the disposal of solid wastes excluding plastic. The fire gulp down about 50% of the solid waste stored there where plastic, paper etc. were heaped.
12. I may humbly submit that a fire accident had occurred on the same after noon at Brahmapuram also where plastic wastes were heaped along the southern boundary of this plant. A tributary of Chithrapuzha is flowing just behind this. On hearing about this incident, surveillance team of the Board spotted this area where fire and heavy smoke were observed. The fire and rescue team were able to control the fire in the night itself but heavy smoke from burning of plastic continued. During the visit conducted on 20.01.2022 by the Chief Environmental Engineer along with the Chairman, SLMC water hydrants were seen operational and no fire or smoke was observed. It is pertinent to note that these types of accidents were occurred during 2019 and 2020 and a study was conducted by the NIIST in 2019 on which a report was submitted on the status of emission of dioxins and dioxin
- like PCBs which specifically illustrating dioxin emission was in exceeding concentration.
13. It is respectfully submitted that the Material collection and processing facility of Thrikkakkara Municipality was also visited on 20.01.2022 by the Chairman, SLMC while going to Brahmapuram Plant and found to be satisfactory except storage of non biodegradable materials where open storage is being practiced which in turn will cause leachate flow during rainy season. The Secretary, Thrikkakkara Municipality will be therefore addressed to ensure that the storage shall be in an enclosed shed. Copy of the Report submitted before the Chairman, SLMC after the said visit to show the situation existing are attached as Annexure 3.
Page 22 of 29I may humbly present here that the reports furnished above is correct and to the best of my knowledge, information and belief.
Dated this the 23rd day of January 2022."
8. The 8th Respondent in O.A. No.77/2021 filed a progress report dated 18.02.2022, e-filed on 21.02.2022 which reads as follows:-
"Progress Report submitted by the8th Respondent, Kalamassery Municipality, in the above original application as directed by this Hon'ble Tribunal, on 02.12.2021.
This Hon'ble Tribunal, as per the order dated 21.6.2021, was pleased to direct the local bodies who have been arrayed in the above case to submit respective independent response regarding the manner being in which the Solid Waste Management Rules-2016 are being implemented in their respective jurisdiction including the disposal of the waste being generated, collected and dumped in the dumping yards. In response to above direction, the 8th respondent, Kalamasseryy Municipality has submitted a report before this Hon'ble Tribunal. Thereafter, this Hon'ble Tribunal was pleased to consider the reports submitted by various Local Self Institutions and as per the order dated 2.12.2021, directed to file progress report if any by the respective Local Self Government Institutions. Accordingly, the 8th respondent submits the following progress report
2. It is submitted that this respondent has not aware of the report submitted by the KSMC Chairman about the dumping yard within the Kalamassery Municipal area. Therefore, this respondent could not include the statement with regards to the report of the Chairman in the report filed earlier.
3. It is submitted that this respondent has received a complaint from K.N. Pradeep, President Environment Protection Samithi alleging storing of building debris and other construction waste within the Municipal area and on the basis of the said complaint, this respondent visited the site and gave notice on 15.9.2021 to stop collection of wastes in that place and remove the same from the site Page 23 of 29 immediately. Accordingly, the above said persons removed all these wastes from the area and now there is no waste at that place.
4. It is submitted that the collection of bio-waste from the houses in the municipal area reached 53% by December 2021 and 59% from the Institutions. Apart from that, for monitoring the collection of waste from the houses, a software system has been introduced as My Kalamassery'. The above said website and mobile application are now available in play stores. The Municipality has completed on online enrolment of new persons, remittance of money and monitoring of the collection in all its 42 wards. It also started to install QR code in every houses of the Municipality and in progress. It is also decided to increase the collection units from 17 to 23. Apart from that, 10 Ace vehicles have already purchased and the body building of these vehicles are going on. On pressing into service of these vehicles the Municipality could increase the unit of Haritha Karma Sena further in the existing units.
5. It is submitted that for removing the non bio-degradable waste including reject an agreement was reached with 'Clean Kerala Company' a Government Agency. It could also remove 478 tons of rejected plastic waste from RRC. Apart from that, the Municipality could sold 14,850 kg. shredded plastic waste for an amount of Rs. 93,750/- Moreover, the high value plastics available from the solid waste have been segregated and stored for the purpose of selling to the Clean Kerala Company on payment to the Municipality.
6. It is submitted that for removing the bio medical waste from the houses and Institutions, the Municipal Health Committee has decided to cooperate with KEIL and formulated a project for that purpose and to start the project on getting necessary node from the Municipal Committee.
7. It is also reported that for treating the bio waste at the source itself, it has been decided to install Bio Digester Bins in 20 houses of each and every ward in the Municipality. The above project has included in the plan fund and the process of tendering is going on.
8. As per the Construction and Demolition Waste Management Rules 2016, it has been decided to find out and purchase necessary land for collection of the construction waste as directed by the Pollution Control Board. Though initially a land was found for Page 24 of 29 that purpose but, the District Collector did not give a sanction for using the said land for the collection of construction waste as the said land was purchased for other projects. Hence the Municipality has already requested the District Collector to find out another suitable place for that purpose.
9. It is submitted that this respondent has taken all possible steps within its power to control the bio waste, solid waste and construction waste as stated above. This respondent is committed to eradicate the waste menace which is part and parcel of the urbanization and the modern life to maximum possible and in accordance with the direction of the Pollution Control Board and this Hon'ble Tribunal.
The above report is submitted.
Dated this 18th day of February, 2022. "
9. The 14th Respondent in O.A. No.77/2021 filed a report dated 22.02.2022, e-filed on the same date which reads as follows:-
"REPORT SUBMITTED BY THE 14TH RESPONDENT CHERANELLOOR GRAMA PANCHAYAT IN THE ABOVE ORIGINAL APPLICATION AS DIRECTED BY THE HO'BLE TRIBUNAL ON 2.12.2021.
1. I am the Secretary of the Cheranelloore Grama Panchayat who is the 14th respondent in the above Application No.77/2021 and the authorized person to file the above report. The above report is filed as directed by the Hon'ble Tribunal on 02.12.2021.
2. It is submitted that the Cheranelloor Grama Panchayath has introduced a system in its local limits for the collection of dry and wet bio de gradable and non bio degradable waste from the houses, shops and commercial establishments and public markets. There are t7 wards in the Chernaelloore Grama Panchayat. By utilizing the service of 44 members of the 'Harithakarmasena', the bio waste is being collected by using 17 collection carts and then removed to the Brahmapuram plant by a waste disposal vehicle of the Grama Panchayat. With respect to the collection of Page 25 of 29 waste form the houses, every houses were given a Green card/ User fee card and the waste is being collected making recording in the Green card. The Grama Panchayat has made the production of User fee card compulsory for getting the service of the Panchayat. The Cheranelloor Grama Panchayat has entered into an agreement with a company named M/s Northamps ENV Solution for disposal plastic wastes and wastes of bags, clothes, umbrellas, slippers, glasses and e-waste, etc. The Panchayat used to collect the plastic waste once in a month and the other wastes once in three months and give it to the above company for disposal. The Panchayat is used to impose fine form those dumping waste in the public places and also erected many boards with messages against dumping of waste in the public places. The Panchayat has also decided to implement a project for fixing CCTVs at the different points at public places to prevent dumping of waste.
3. Thus the Cheranelloore Grama Panchayat has fully implemented the directions in the Solid Waste Management Rules, 2016 for collection of both biodegradable and non biodegradable from the limits of the Panchayat and thus complied the direction issued by the Principal Bench in O.A. No. 606 of 2018.
Hence, the above report is to be accepted.
All the facts stated above are true.
Dated this the 22nd day of February, 2022."
10. Though the learned counsel appearing for the Kochin Corporation submitted that they have filed a further progress report, the office informed that no such report has been received. Other local bodies have not filed any statement regarding the progress of the work done by them.
Page 26 of 2911. The learned counsel appearing for the 13th Respondent in O.A. No.77/2021 (SZ) submitted that they have e-filed the present status report, but the office informed that the same has not been received.
12. Mr. A.S. Naisam, Secretary of Kochin Corporation also present today through Video Conference and he has explained about the process that has been done and submitted that 15% of the legacy waste has been bio-
mined and they are taking sincere efforts to clear the legacy waste.
13. The learned counsel appearing for the State Pollution Control Board submitted that they are not following the guidelines and they have not obtained necessary authorization for this purpose as well.
14. The Kochin Corporation is directed to abide by the environmental laws and also the guidelines for carrying out the bio-mining as directed by the State Pollution Control Board.
15. The State Pollution Control Board is also directed to file a further action taken report on the basis of the observations made by the Kerala State Level Monitoring Committee and also on the basis of the progress claimed by the local bodies.
Page 27 of 2916. The Chief Secretary, State of Kerala is also directed to convene a meeting with the Secretaries of the local bodies and review the progress of the implementation of the Solid Waste Management Rules, 2016 within their area and if there is any gap found, the Chief Secretary is directed to give necessary instruction and guidelines as to how this can be rectified in consultation with the respective District Collectors of the area and submit a detailed action taken report in this regard before the next hearing date.
17. If satisfactory progress was not seen on the next hearing in respect of disposal of the legacy waste in Brahmapuram Dump yard, then this Tribunal will be compelled to pass coercive orders including imposition of environmental compensation by the Tribunal itself, considering the nature of damage caused on account of waste being dumped in that area for a long time and also considering the impact of the dump on environment.
18. The above said officials are directed to file their respective reports to this Tribunal on or before 07.04.2022 by e-filing in the form of Searchable PDF/ OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
Page 28 of 2919. The Registry is directed to communicate this order to the Chief Secretary - State of Kerala, Additional Chief Secretary for Environment, Principal Secretary for Revenue, Additional Chief Secretary for Local Administration and also to the District Collectors of the respective areas and the Secretaries of the Corporations, Municipalities and Panchayats, if any, by e-mail for their information and compliance of directions, apart from sending the information to the other official respondents including the Secretaries of the local bodies.
20. For consideration of further progress report cum action taken report, post on 07.04.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O. A. No.442/2013 (SZ), O.A. No.20/2017 (SZ), O.A. No.276/2017 (SZ) & O.A. No. 77/2021 (SZ), 23rd February 2022. Mn.
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