Noorul Sehar Lari vs State Of Uttar Pradesh on 5 April, 2022

[Cites 5, Cited by 1]

National Green Tribunal

Noorul Sehar Lari vs State Of Uttar Pradesh on 5 April, 2022

1. Grievance in this application is against discharge of untreated sewage at Lar, District Deoria, UP in open on land having Khasra No. 1712 with area of 0.1980 hectares. According to the applicant, the Municipal Council has failed to perform its obligation of managing the sewage and public hygiene as required Article 243W read with 12th Schedule, to enforce fundamental right to clean environment in open and to prevent water pollution as required under the Water (Prevention and Control of Pollution) Act, 1974 and the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha case1 and orders of this Tribunal inter-

(2017) 5 SCC 326 1 alia in O.A. No. 593/2017, Paryavaran Suraksha Samiti & Anr. v. UOI & Ors.

2. Vide order dated 20.07.2021, a joint Committee of Additional Chief Secretary, Urban Development Department, UP, State PCB, District Magistrate, Deoria and Nagar Panchayat Lar was directed to furnish a factual report and also to ascertain preparation and compliance of the District Environment Plan for District Deoria, in terms of orders of this Tribunal dated 5.7.2021 in OA 360/18, Shree Nath Sharma vs. UOI, on the issue of sewage management for the area in question. The operative part of the direction is reproduced below:-

"1...xxx.......................................xxx......................................xxx

2. In view of the above, let a joint Committee of Additional Chief Secretary, Urban Development Department, UP, State PCB, District Magistrate, Deoria and Nagar Panchayat Lar furnish a factual and action taken report in the matter within two months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.

3. The joint Committee may ascertain whether the District Environment Plan prepared for District Deoria, in terms of orders of this Tribunal dated 5.7.2021 in OA 360/18, Shree Nath Sharma vs. UOI, includes status of sewage management for the area in question and periodic review is conducted through District Committee. If not, remedial action required. Further, the report may mention the quantity of sewage generation, present status of collection and conveyance of sewage and the plan for treatment and utilisation. The report may also give time-bound plan to remediate existing problem where sewage is inundated and percolating to sub-soil water, posing risks of water-borne diseases. The status may further include management of septage, its treatment and disposal. The Additional Chief Secretary, Urban Development Department, UP may provide technical support to get the required assessment done in one month to incorporate plan in the report. Such plans and process need to be replicated in all such similarly placed towns and villages. First meeting of the joint Committee may be convened within two weeks."

3. The matter was further considered on 29.10.2021 in the light of report dated 29.09.2021 filed by the joint Committee with regard to the 2 status of preventing discharge of untreated sewage. The Tribunal noted that bioremediation process was reported to have been adopted but its effectiveness was not tested. Accordingly, the Tribunal constituted a five-

member Committee to undertake visit to the site and ascertain compliance status and also to recommend a model which could be adopted at other places. Operative part of the directions is reproduced below:

"5. Accordingly, let a five member joint Committee of Regional Officer of CPCB, Lucknow with one nominee of CPCB from Delhi, an officer of State PCB of the rank of Chief Engineer, an officer of the rank of Chief Engineer of the Public Health Department and a Chief Engineer of the Department of Rural Development nominated by Additional Chief Secretary, Rural Development, UP undertake visit to the site to ascertain the compliance status and recommend a model which may be helpful for tackling the problems of septage management at such small places such as places with less than one lac population. They will be free to co-opt any other Expert/Institution. The State PCB will be nodal agency for compliance. The Committee may meet within 15 days and undertake visit to the site. The report may be filed within two months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF."

4. In pursuance of above, report has been filed on 11.03.2022 by the five-member joint Committee as follows:

"03. Observations:

A. Based on physical verification on-site during the visit, the Committee reviewed the status of action taken Report dt 20.09.2021 filed by the (earlier) designated Committee constituted vide Hon'ble NGT Order dt 20.07.2021. The updated status is summarized as per below:

 S. No                    Action Point                               Status as on
                                                                      21.12.2021

1. In question Gata number: 1712, (area 0.1980 The flow of thedrain (uncovered) hectares), at present, the dumping of drain has been diverted to nearby open water by the Nagar Panchayat Lar has been private land and the flow gets completely stopped. accumulated without any drainage/dilution.As such the drain was observed to be with very feeble flow and with 3

2. In revenue record Gata no. 1724 is occasional lumps of garbage recorded as Nala, passes besides Gata No. 1712. Which was half pucca and the rest was kachha. Due to overflow in raining season sometimes overflow in Gata no. 1712. But now the remaining part of 1724 which is not pucca got deepen and all measures taken so that it will not overflow in all the surrounding land,

3. The water of the drain is not being dumped in any natural flow.

4. The flow of solid waste is being stopped by The iron mesh has been putting a net in the drain. introduced in the drain for stoppage of solid waste.

5. For preliminary purification of drain water, Reported as being done. Could bleaching powder is being cleaned. not be verified during the visit

6. The water from the drain is being As an interim measure Bio-

treated by the process of remediation has been bioremediation, being dropped in Gata No: introduced in the drain. The 1724. So that the ground water does not get remediation is executed by polluted. dosing of (active) culture of microbes claimed to achieve treatment.

Microbial culture is filled in the drums placed on the edge of the drain and droplets of the culture keep dosing in the flowing drain water (sewage). The process is executed by M/s Maple Argtech India Ltd, Kolkata. Samples of drain water (sewage) were collected and analyzed in UPPCB Central Laboratory, Lucknow. Result of sample discussed ahead in the Report

7. Sewer water is not being discharged in the The Committee observed flow drain in question, nor is there any sewer line in in the drain. The the Nagar Panchayat Lar. Septic tank, is used characteristics (discussed for domestic toilet in Nagar Panchayat Lar. A ahead) of the sample tested survey conducted and from 13 persons reveal that inflow of sewage discharging sewer in open drain. Now septic cannot be completely ruled out tank made and now no flow of sewerage in Nala.

8. In the order of the directions of Hon'ble Status apprised in S. No. 06 & 07 National Green Tribunal, on 03.08.2021, a meeting was held under the chairmanship of Additional Chief Secretary, Urban Development Department, Uttar Pradesh Government, Lucknow. In the meeting an instructions given to the District Magistrate, Deoria to form of committee for survey in questioned area by Letter No. 791/(1-7) LBC-2021, dated 03.08.2021. The committee submitted its report to District Magistrate Deoria on 10.08.2021. (Annexure-1) After then a meeting of the District Environment Committee was held on 11.08.2021. In which the report of the committee constituted by the District Magistrate was read out and it was decided that the problem which has been raised by Nurul Sehar Lari, resident Nagar Panchayat Lar Deoria, before Hon'ble NGT, for its solution, by Nagar Panchayat Lar. By taking the land on lease, the water of bioremediation process and it should be ensured that the sewage water does not fall directly into the drain.

9. In compliance of the above, quotations have Status apprised in S. No. been invited from firms /agencies for 01,04,06 & 07 adopting bioremediation process for water purification of the drain in question, for temporary solution of the problem. In which the quotations of Maple Argtech, Aqua Infratech, Sri Sai Construction have been received. In which the lowest rate has been presented by Maple Argtech, for which the work order has been issued. Water purification work has been started by the firm through bioremediation process. At present, the water of the drain in question is going through Fani Tola (waterloggedarea of Indiranagar ward) to Chhoti Gandak, river via Ropan Chhapra Tal. The water flow of Fani Tola stops rest of the rainy season. In such a situation, under the temporary arrangement, has been made to discharge treated water in Gata No. 1724 of Nagar Panchayat Lar, which is recorded as a drain in the revenue record.

10. Consent has been obtained to take the water Design details are ready for of the drain in question on lease for dumping submission by C&DS. Lar it under short-term arrangement in Gata No. Nagar Panchayat is scheduled 1603, 1604, and 1748, which is the land of to forward consolidated the cultivator. For this, the survey work has proposal to Dept of Urban been completed by the Construction and Development, UP State for Design Services (C&DS) Unit-14 Gorakhpur, provision of funds (As reported to divert the drain in question to the above Executive Officer, Lar Nagar mentioned number. The design and detailed Panchayat) estimate is being prepared. Which will be sent to the Uttar Pradesh government for the allocation of funds as soon as possible.

B. The Committee was apprised by the Executive Officer (EO), Lar Town, that the flow of the drain (In question Gata number:

1712) has been diverted to nearby open private land and same gets inundated as pond. As informed by E0, Lar, the said drain 5 carries 25 % of cumulative wastewater generation of the subject area.

C. The analytical results of drain water (sewage) mentioned in report of sub-committee dated 10.8.2021 depicted BOD- 52 mg/I and COD-280 mg/I. This is indicative of mixed flow of (digested) wastewater from septic tank and other domestic wastewater (Kitchen and bathroom).

D. The characteristics of Sample collected from the drain are mentioned below:

   Location of                             Parameters*
     sample          pH      TSS    TDS    Nitrate COD        BOD      Fecal
                                                                      Coliform
10 meter before     6.90     40.0 882       1.95    146.0     37.0    1300000
(u/s)Bioremediation


05 meter   After 7.01        36.0 904       2.08    123.0     34.0    1100000
(d/s)
Bioremediation
stage -1

10 meter after 7.05          38.0 914       2.18    118.0     30.0    790000
(u/s)
Bioremediation
stage-2

Standards             5.5-  100         -      -     250      30         -
Schedule-VI,          9.0
E(P) Rules
1986

*Fecal Coliform in MPN /100 ml; all others except pH, in mg/I Note: u/s : Upstream; d/s : Downstream E. The above characteristics reveal following observations:

1. The water quality of drain shows that it still carries mixed flow of digested wastewater from septic tank and other domestic wastewater. Although the quality appears diluted and conforming to the standards, yet in absence of dilution and long-term accumulation may lead to adverse impact on-land and unhygienic conditions in a thickly inhabited locality.

2. The system of Bio-remediation introduced has been very unorganized in the sense that there is no system of dose regulation and homogenization for ensuring its uniform application. It can not bear any shock load in terms of any accidental spill / discharge in the drain.

3. The dosing drums are open-to-sky amounting to any possible dropping of untoward object, rainwater or incident of their insecurity.

F. Lar, Town as such is a low-lying area and there is no proper drainage system. The wastewater usually gets inundated in vacant plots such as plots no. 1209, 2801 and 2802. Further, there is no discharge point for excess flow especially during monsoon. Storm water also finds its way into said plots and overflow of pond occasionally 6 reaches inside houses adjoining such areas of inundations.

G. With population of 28360 as per 2011 census (current 33,994 projected as per growth pattern, as per Lar Nagar Panchayat) the cumulative sewage generation of the subject area is estimated at 3.6 MLD. It is reported that majority of household have septic tanks and overflow of septic tanks and other domestic wastewater is discharged through local drains.

H. The septage waste of septic tanks are cleaned through suction machines available with Nagar Panchayat Lar. However, with no provision for treatment of septage waste, the septage waste is indiscriminately discharged on-land / flow through drains and gets accumulated in ponds dotting the town.

4. Conceptual Plan With the approach of suggesting the wastewater and septage management for small size towns typical of the subject area, it is pertinent to come out with a concept of sewage and septage management with minimum power requirement, low cost and easy maneuverability. In specific case of the subject area, the hydraulic and organic load of wastewater, terrain / geography and practices of sewage management, it is recommended that Nagar Panchyat Lar should adopt best economical practices of sewage management as per the guidelines / manuals of Ministry of Housing Urban Affairs (MoHUA), Govt. of India.

MoHUA has issued National Policy on Fecal Sludge and Septage Management and manual on Sewerage and Sewage Treatment Systems in cities with less than 1 lakh population. MoHUA guidelines developed under Swachh Bharat Mission are available to ensure that no untreated fecal sludge or used water is discharged into the environment. The used water (including sewerage and septage, grey water and black water) is safely contained, transported and treated, along with maximum reuse. Further, MoHUA has a provision for funding under the following scheme/ interventions:

1. Desludging equipment, for scheduled and need-based desludging of all septic tanks;

2. Interception and diversion of drains (I&D) (including last mile connectivity for nearest sewer network);

3. Construction of Fecal Sludge Treatment plants (FSTPs) for used water treatment.

In view of above facts, sewerage management plan for Nagar Panchayat Lar can be formulated with following suggestive approach :

1. To start with, Nagar Panchyat Lar must ensure that the design of septic tank at each households conforming to guidelines of CPHEEO. (Annexure-I.).

Such approved designs shall not only provide a basic tool for sewage/septage treatment, but also ensure proper (primary) digestion of fecal sludge/septage as a pre-requisite for its environment friendly disposal.

2. Further, Manual on Sewerage and Sewage Treatment Systems published by Central Public Health and Environmental Engineering Organization (CPHEEO), Ministry of Housing and Urban Affairs, Govt. of India, has envisaged Onsite sanitation system wherein, design of septic tank as per user requirement are defined.

3. Septage waste of septic tank is required to be managed as per National Policy on Fecal Sludge and Septage Management.

4. Regular cleaning of septic tanks through a systematic extraction and collection procedure is essential to check environmental pollution. The frequency of cleaning is determined by the desired performance of the OSS (Onsite sanitation) system for the local conditions.

5. Collected septage waste shall be disposed off either into nearby Sewage Treatment Plants (STPs) or in the present case of the subject area into (proposed) Fecal Sludge Treatment Plant for further treatment and safe disposal. Treatment and Disposal techniques of Septage waste are discussed in manual of Sewerage and Sewage Treatment Systems (Annexure-II.)

6. For treatment of septic tank's combined overflow and other domestic wastewater, Waste Stabilization Pond or Decentralized Wastewater Treatment System (DEWATS) are recommended.

7. The natural Ponds which are typical of the subject area, given its flat(gentle) topography, can be exploited for the purpose of Waste Stabilization. Such an attempt can start with two / three major ponds in the town (described above).

8. Waste Stabilization Ponds (WSPs) are large, man- made water bodies in which blackwater, greywater or fecal sludge are treated by natural processes under the influence of sunlight, wind, microorganisms and algae. Such ponds can be used individually, or linked in a series for improved treatment. There are three types of ponds, (a) anaerobic, (b) facultative and (c) aerobic (maturation), each with different treatment and design characteristics. WSPs are noted with their low Operation and Maintenance cost and high removal of BOD and pathogens. However, large surface areas and proper design are a pre-requisite.

9. Another self-driven system (referred in S. No. 07 above), is DEWATS system. This system is recommended for isolated habitations typical of the subject area, where there is a need for non- mechanized and self-operating treatment technology, given the premise that adequate land area is available. This system requires to group the toilets or at least bring the sewage from the various centers to the DEWATS facility. The typical treatment in the facility includes :

i. Pre-treatment settler: retention time of about 2 hours; BOD reduction by about 30% ii. Anaerobic Baffled Tank Reactor: retention time of about 24 hours; BOD reduction by about 80% iii. Anaerobic filter: retention time of about 8 hours; BOD reduction by about 90% iv. Planted gravel filter: retention time of about 36 hours; BOD reduction by about 90% v. Polishing pond Specific design details of WSP and DEWATS can be referred (Annexure-LET)

10. For the sake of taking reference to operational systems working on the above suggested technological interventions, case study of Neela Hauz and Rajokri Lake in Delhi may be referred, which work principally on DEWATS / WSP system. In both the cases, weak sewage of small region is collected and provided with the treatment through self-driven natural system and treated water is stored in low- lying area to form lake / pond which may be further developed as a recreational facility. Specific details of case study of Neela Hauz and Rajokri Lake also mentioned in CPCB's Published Document (Report on Alternate Treatment Technologies for wastewater in drains). Relevant portion of report is attached (Annexure-IV). Additionally, suggestive treatment options specific for the subject area, suggested by CPHEEO, are appended in Annexure-V.

05. Recommendations:

A. Initiate a drive to restructure design of septic tank of each households conforming to CPHEEO Guidelines B. Nagar Panchyat Lar shall ensure that proper drainage system is designed for open drains carrying domestic sewage / storm water / septic tank overflow generated in different parts of the town upto the natural ponds designated in the subject area.

C. Nagar Panchyat Lar should ensure that system is in- place and functional for an organized and periodic collection of septage through geotagged suction machine. The septage waste as a contingent option, can be disposed at nearby STP at Deoria. Till the time, STP at Deoria gets commissioned, septage waste of Lar can be disposed in low -lying and lined pit, suitably located.

D. Plot no. 1209, 2801 and 2802 which are natural ponds collecting domestic waste water (Sewage) from different parts of the subject area shall be considered for execution of Conceptual Plan in the First Phase as system of self-driven, low-cost and with least energy input mechanism of sewage treatment. These ponds can be developed as decentralized system for sewage treatment provided with system (sectors) for anaerobic digestion, gravel-bed-filtration, phyto remediation and natural oxidation. The final treated waste water stored (in ponds) can be used for recreation by proper 9 landscaping. All the sectors / unit of treatment shall be designed to ensure gravitational flow, thus minimizing use of (electrical) power. A working example similar to the Conceptual Plan proposed above, can be referred at Neela Hauz and Rajokri Lake, Delhi.

E. A natural drainage system be developed to carry over- flow of these ponds in monsoon season, leading ultimately to River Choti Gandak, a perennial river at appx 03 km from the subject area. For specific detail on design, policy issues and financial support, the Nagar Panchayat Lar may opt for a professional agency of repute and refer following documents and take assistance from MoHUA:

(a) National Policy on Fecal Sludge and Septage Management

(b) Manual on Sewerage and Sewage Treatment Systems of CPHEEO

(c) MoHUA's Operational Guidelines on SBM Urban 2.0 F. Conceptual plan of the suggestive approach is appended in Annexure-VI.

G. Once the system is found feasible, optimized and delivering the expected outcome, it can be replicated to other natural ponds in the township.

H. Financial assistance for execution of concept suggested above can be executed with the assistance of MoHUA under Swachh Bharat Mission (Urban) 2.0."

5. From the above, particularly from the table mentioning the analysis of the water taken from the drain after the so called bioremediation, it is clear that the parameters of water quality are not met and bioremediation has not achieved the desired result. Harmful components of sewage remain untreated and are being discharged in the drain to the detriment of environment and public health. Estimated sewage generation in Lar is around 3.6 MLD which travels through drains and ultimately is inundated in low lying areas/ plots. It is not only contaminating ground water but also damaging public health through vector borne diseases. The grey water (wash water and sullage water) and outlets of septic tanks into drains and suctioned material from septic tanks is recklessly being disposed at unidentified locations. Further, the treated sewage is not be utilised for secondary 10 non - potable use. It is desirable to have demarcated command area to raise horticulture and non edible agro products having economic value.

Similarly, waste stabilisation ponds can be used for pisciculture. All these activities can be source of nutrients, economic benefits and generating local employment. STP at Deoria needs to be made functional before consideration of transporting sewage from Lar. The report of the Committee clearly shows that the bioremediation of the drain has not shown significant reduction in BOD as well as in faecal coliform. The reduction shown is from 37 to 30 mg/l in terms of BOD. Simply dosing of culture without having proper mixing and ensuring retention time will not be enough. There appears to be no realisation that towns like Lar also requires proper municipal waste (sewage and solid) management under the Constitution. Further remedial action is required in the light of the report. An action plan needs to be prepared and executed after specifying the Executive Agency, timelines, funding arrangements and administrative as well as technical supervision. This is the mandate in the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha, supra, and orders of this Tribunal, in the light of legislative mandate under the Water Act.

6. Accordingly, we direct the Additional Chief Secretary, Urban Development to ensure immediate and effective remedial measures by way of preparation of suitable action plan and its execution, to prevent untreated sewage being discharged in the drains and prudent utilisation of natural resources. It may be ensured that there is effective treatment of the sewage by use of appropriate technology and proper utilization of treated water for appropriate purposes, including agricultural and fish-

culture. The Urban Development Department may allocate atleast a sum of Rs. 1 crore for the purpose in the light of judgment of the Hon'ble 11 Supreme Court in Paryavaran Suraksha, supra. Compliance report of status as on August 31, 2022 may be filed by September 15, 2022 by e-

mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.

7. To sum up, our directions are:

(i) State Urban Development and Rural Department may release a sum of Rs One crore to Lar Municipality within 15 days which may be kept in a separate account for incurring expenditure on sewage management.

(ii) Urban Development and Rural Department to assign sewage management work to an appropriate Agency to be monitored by the District Magistrate, Deoria on monthly basis and by ACS, Urban Development and Rural Department on bimonthly basis. Report giving status as on 31.8.2022 with substantive progress be filed with this Tribunal by e-mail by 15.09.2022.

(iii) The activities for execution need to include; (a) conveyance of sewage and sullage as well as Septic tanks waste to designed treatment system, (b) setting up of waste stabilisation ponds or any such System for treatment of sewage and Septage and to conform with applicable standards, (c) utilising treated sewage for horticulture/ agronomy and pisciculture, (d) lifting of inundated sewage in plots and their restoration, (e) effective and economic usage of disinfection system and (f) effluent management during monsoon / rains or when not required for horticulture/ agriculture. The water quality of river Chhoti Gandak which is perennial be maintained for atleast class "B".

During execution of work, public awareness be created about essential sanitation services

(iv) Since, the bioremediation activities according to the finding in the report are not giving significant improvement in reduction of BOD and other pollutants, this work may be undertaken only if found effective, fixing accountability for the waste of funds on futile process.

List for further consideration on 27.09.2022.

A copy of this order be forwarded to Chief Secretary, UP, Additional Chief Secretaries, Urban Development and Environment Departments, UP, District Magistrate, Deoria and Executive Officer, Nagar Panchayat Lar, District Deoria, UP for compliance by e-mail.

Adarsh Kumar Goel, CP Sudhir Agarwal, JM Pushpa Sathyanarayana, JM Prof. A. Senthil Vel, EM April 05, 2022 Original Application No. 170/2021 DV 13

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