National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of ... on 23 December, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.2 & 3:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 66 of 2020 (SZ)
With
Original Application No. 193 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion Suo Motu
Based on the news item published in
The Times of India dated 07.05.2020 under the caption
"Oil leak from ONGC pipe destroys cotton on 2 Acres"
With
Tribunal on its own motion Suo Motu
Based on the news item published in
The New Indian Express, Chennai Edition dated 24.09.2020
under the caption "Paddy field filled with crude oil as ONGC pipeline
leaks"
...Applicant(s)
Versus
The Chief Secretary to Government of Tamil Nadu,
Government Secretariat,
Fort St. George, Chennai and Ors.
... Respondent(s)
O.A. No.66 of 2020 (SZ):
For Applicant(s): SuoMotu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.
Mrs. M. Sumathi for R2.
Mrs. P. Jayalakshmi for R3.
Mr. S. Sai Sathya Jith for R6.
M/s. Giridhar & Sai for R8 & R9.
O.A. No.193 of 2020 (SZ):
For Applicant(s): SuoMotu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.
Page 1 of 76
Mr. G.M. Syed Nurullah Sheriff for R2.
Mrs. P. Jayalakshmi for R3.
Mr. S. Sai Sathya Jith for R6.
M/s. Giridhar & Sai for R8 & R9.
Judgment Pronounced on: 23rd December, 2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. Both these original applications are disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
........................................J.M. (Justice K. Ramakrishnan) Sd/-
....................................E.M. (Shri. Saibal Dasgupta) O.A. No.66/2020 (SZ) O.A. No.193/2020 (SZ) 23rd December, 2021. Mn.
Page 2 of 76Item No.2 & 3:-
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 66 of 2020 (SZ) With Original Application No. 193 of 2020 (SZ) (Through Video Conference) IN THE MATTER OF:
Tribunal on its own motion Suo Motu Based on the news item published in The Times of India dated 07.05.2020 under the caption "Oil leak from ONGC pipe destroys cotton on 2 Acres"
With Tribunal on its own motion Suo Motu Based on the news item published in The New Indian Express, Chennai Edition dated 24.09.2020 under the caption "Paddy field filled with crude oil as ONGC pipeline leaks"
...Applicant(s) Versus
1. The Chief Secretary to Government of Tamil Nadu, Government Secretariat, Fort St. George, Chennai - 600 009.
2. Union of India, Represented by its Secretary, Ministry of Environment and Forests and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003.
3. Central Pollution Control Board, Rep. by its Chairman, „Parivesh Bhawan‟, East Arjun Nagar, Shahdara, Delhi - 110 0032.
4. The Secretary to Government of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai - 600 009.Page 3 of 76
5. The Principal Secretary to Government of Tamil Nadu, Industries Department, Govt. Secretariat, Fort St. George, Chennai - 600 009.
6. The Chairman, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai - 600 032.
7. The District Collector, First Floor, Collectorate, Thiruvarur - 610 004.
8. Oil and Natural Gas Corporation Limited, Rep. by its Chairman and Managing Director, Registered Office: Plot No.5A-5B, Nelson Mandela Road, Vasant Kunj, New Delhi - 110 070.
9. Oil and Natural Gas Corporation Limited, Cauvery Basin, Rep. by its Basin Manager, Thalamuthu Natarajan Building, (CMDA Tower -I) No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
... Respondent(s) O.A. No.66 of 2020 (SZ):
For Applicant(s): SuoMotu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.
Mrs. M. Sumathi for R2.
Mrs. P. Jayalakshmi for R3.
Mr. S. Sai Sathya Jith for R6.
M/s. Giridhar & Sai for R8 & R9.
O.A. No.193 of 2020 (SZ):
For Applicant(s): SuoMotu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.
Mr. G.M. Syed Nurullah Sheriff for R2.
Mrs. P. Jayalakshmi for R3.
Mr. S. Sai Sathya Jith for R6.
M/s. Giridhar & Sai for R8 & R9.
Page 4 of 76
Judgment Reserved on: 03rd December, 2021.
Judgment Pronounced on: 23rd December, 2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes/No Whether the Judgment is to be published in the All India NGT Reporter - Yes/No JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member.
1. The Original Application [O.A. No.66 of 2020 (SZ)] was registered Suo Motu by this Tribunal on the basis of the newspaper report dated 07.05.2020 in The Times of India, under the caption "Oil leak from ONGC pipe destroys cotton on 2 Acres at Thiruvarur".
2. It was alleged in the newspaper report that oil leak from ONGC pipe line near Thiruvarur destroyed cotton crop in 2 Acres of land on Friday night.
However, the authorities arrived at the site and arrested the leakage, preventing further loss to farmers. ONGC has been digging oil wells in various places in agriculture lands across delta districts, particularly in Thiruvarur to extract oil and natural gas. The oil is taken through a collection point at Vellakudi and then to the main plant located at Narimanan in Nagapattinam for refinement.
Page 5 of 763. It was also mentioned in the newspaper report that the disputed pipeline was passing through the property of one Selvaraj having 5 Acres of land.
A report was called for from the Chairman, Tamil Nadu Pollution Control Board and on enquiry, he got a report from the District Environmental Engineer dated 03.04.2019 and 28.04.2019 and also 07.05.2020. It is seen from the first report that the earlier incident occurred on 06.04.2019 and it was reported in The Times of India, dated 07.04.2019. The site was inspected by the District Environmental Engineer, Nagapattinam on 08.04.2019 and he had informed that the contract team was mobilized by ONGC and the leaky spot was dug in the land down to the pipe. The line was clamped and flow was allowed in the wells, only after replacement of a portion of the pipe. The condition of the line will be known only after cutting, for which, line to be flushed and purged with LN2. Till all operations are over, wells will be kept in closed condition. The land owner was pacified with a promise of compensation and committee visited on09.04.2019 and got permission for repair work (clamping followed by line flushing and replacement).No further unwanted/untoward issues happened.
4. According to the report, the approximate area affected was 5 Meter radius on above ground. Approximately, 2 tractor loads of oil soaked soil has been loaded and removed in the tractor owned by the land owner Selvaraj.
One load has been sent to sludge drying bed of Kamalapuram ETP for bio remediation. Another load is to be removed and will be sent to drying bed.
Page 6 of 765. As regards the incident on 28.04.2020, it was mentioned in the report that immediately the District Environmental Engineer, Nagapattinam has contacted the ONGC officials and they reported that the ONGC well maintenance team of Kamalapuram EPS went to the site and closed the nearby suspected activities of well Nos.KMP - 8 and KMP - 44 wells by 15:20 Hrs. immediately. The bubbling started reducing in the pipeline immediately.
6. It was also mentioned in the report that hardly about 2 x 2 Mts area in a land of one Velraj is affected and the land was empty and there is no crop in the field. The consent of the land owner was obtained for the purpose of repairing and that was done by ONGC immediately. It was also mentioned that the District Environmental Engineer has addressed the ONGC to rectify all the reclamation works such as removal of oil spill over in the soil and to submit the further report immediately.
7. Since this Tribunal was satisfied that there arises substantial question of environment, admitted the matter and notice was issued and a Joint Committee was also constituted comprising of (1) Senior Officer of Central Pollution Control Board, Regional Office, Chennai, (2) Senior Officer from Tamil Nadu Pollution Control Board, (3) Senior Soil Scientist from the Tamil Nadu Agricultural University, Coimbatore and (4) District Collector, Thiruvarur to inspect the area in question and submit a factual as well as action taken report, including assessment of damage caused to environment and fertility of the land, remedial measures taken by the ONGC and whether it is sufficient and whether any compensation for damage caused to environment as well as damage caused to the land owners affected and directed them to submit a report to this Tribunal.
Page 7 of 768. The case was posted to 20.07.2020. On 20.07.2020, the matter was taken up and this Tribunal had considered the interim report submitted on behalf of the Joint Committee dated 16.07.2020 received by e-mail dated 25.09.2020 and extracted in Para (4) of the order which reads as follows:-
―3. Scope of the committee as per order To inspect the area in question and submit status as well as action report, assessment of damage caused to environment including soil fertility of the land, remedial measures to be taken up by ONGC and whether it is sufficient and any compensation need to be given for the damage caused to environment as well as to the land owners affected.
4. Committee Meeting A preliminary meeting was conducted through online on 30.06.2020 at 11.00 AM with the committee members and discussed about the scope of committee as per order and trailed by the presentation from M/s ONGC on the present status of oil pipeline leakage. The following officials were present during the online meeting.
i) Sh. T. Anand, IAS, Collector, Thiruvarur district
ii) Sh. R. Rajkumar, Scientist „D‟, CPCB, RD (S), Bengaluru
iii) Dr. T. Chitdeshwari, Professor (SS7AC), TNAU, Coimbatore
iv) Sh. R. Seralathan, DEE, TNPCB, Nagapattinam
v) Sh. Dhilip Kumar R, AE, TNPCB, Nagapattinam
vi) Sh. R.N.S.Murthy, GM(E)-Head HSE, ONGC, Cauvery Asset
vii) Sh. R.Ravikumar, GM(P), ONGC, Cauvery Asset
viii) Sh. K.J.Thomas, GM(P), ONGC, Cauvery Asset
ix) Sh. S.Selva, DGM(P), ONGC, Cauvery Asset
x) Sh. Vikranth C.N, EE(Environment), ONGC, Cauvery Asset M/s ONGC has presented the action taken report to the committee on the pipeline leakage happened on 28.04.2020 and 06.04.2019 as well as measures taken to avoid such incident. The sequences of events presented by ONGC are as follows;
(a) Action Taken Report on Kmp#44 Line Leakage at Keezhapadugai (28.04.2020) • Information received from well maintenance team at 1430 hrs. • Repairing team reached at 1500 hrs. Well No. KMP#44, KMP#8 & KMP#27 closed immediately to avoid large scale contamination of land.
• Underground flow line was clamped at 1800 hrs. • Compensation of Rs 10,868/- was paid to the land owner on 29.05.2020 as one year crop loss compensation.
• Replaced the old damaged pipeline and new ones for a distance of about 2.1 Km completed on 09.05.2020 Page 8 of 76
(b) Action Taken Report on Kmp#46 & 48 Line Leakage at KeezhaErukkattur (06.04.2019) • ONGC well maintenance team observed the leakage at 0900 hrs. • Both wells KMP#46 & KMP#48 closed immediately to avoid large scale contamination of land.
• Repairing team reached at 1000 hrs.
• Underground flow line clamped at 1700 hrs. The line was abandoned and
decided not to use again. The wells were diverted to the flow line of another well KMP#54 temporarily till a new line is laid.
• Approximately 4 tractor loads of contaminated soil (1.5 mt depth) taken away from the affected land to KMP EPS for bio remediation. • Compensation of Rs.50,000/- was paid to the land owner on 09.09.2019 as one year crop compensation.
• ONGC has entered into a contract for oil extraction from oily sludge and contaminated soils prior to bio remediation. The contract works were about to start in last week of March. Due to COVID-19 Lockdown, the contract execution is getting delayed.
• Replaced the old damaged pipeline and new ones for a distance of about 7.5 Km completed.
KMP#46 Leakage Point Photo
(c) Control Measures/ Remedial Action followed by ONGC to avoid Pipe Line Leakage i. Changed existing pipeline with higher thickness. Earlier pipe line material was API 5L X 42, 114.3MM OD X 4.8 MM wall thickness and presently replaced with the pipe line material of API 5L X 46, 114.3MM OD X 7.6 MM wall thickness. This replacement of pipe line has been carried out in a phased mannersince 2012-13. ii. Periodical replacement of old corroded lines. In general all the old and corroded pipelines are replaced in full, but in case of flow lines where there is an issue of right of use (ROU), the lines are replaced in phased manner as and when the ROU is obtained from the landowner. iii. Regular patrolling of the flow lines is being done for visual observation and detection of any leakage on the surface.
iv. Regular batch dosing of Oil Corrosion Inhibitor is being done at the well site to ensure the life of the flow line.
v. Proper drawings/sign boards of pipe line in critical routes viz road crossings, roads and rail bridges are being maintained and the locations are checked regularly.
vi. Pressure testing of all the flowing wells (1.1 time of the maximum operating pressure) is being carried out once in two years as per OISD 233. Page 9 of 76 vii. The villagers and public are sensitized about the consequences of the leakages and has been advised them to inform the ONGC authorities in case of any eventuality of leakage.
viii. Display of contact phone numbers at the well sites in order to communicate with the concerned person of ONGC for immediate and timely action.
ix. Flow based monitoring is being carried out to identify the leakage in flow lines at the receiving end installation through SCADA system. Monitoring of liquid level in the storage tanks on hourly basis and initiate the necessary action (if required) in case of less receipt of liquid in the tanks.
x. Leak detection system has been incorporated in the recently laid trunk lines.
xi. Usually compensation is paid for one year crop loss. ONGC procedure to give compensation for the next year too if the land owner claims along with proof.
At the end of presentation, committee discussed about the scope of the work in detail. It is decided to make onsite visit, collect soil and water samples from the affected areas to assess the soil fertility (physical, chemical and biological properties) and environmental damage through Tamil Nadu Agricultural University, Coimbatore. Due to current COVID 19 pandemic situation, restriction of travel by governments on interstate/district movement and quarantine, the committee members from other state and district could not able to participate to carry out monitoring/sampling. So it is decided to carry out the onsite visit and monitoring after situation gets normalcy.
Collector, Thiruvarur instructed the officials of ONGC to make necessary arrangements, during the committees monitoring visits/sampling and borne the cost of sampling & analysis under polluter pay principle, which is planned to be carried out by the Tamil Nadu Agricultural University, Coimbatore.
5. Suggestions:-
Committee felt that the steps/ measures taken by ONGC for the control of pipeline leakage are not sufficient, because the leakages and its locations are being identified after physical appearance of oil on the soil surface. Pipelines are being laid 2mt. below the ground level. After deliberate discussions, the following measures are suggested by the committee to avoid oil pipeline leak and to maintain the soil fertility.
1) Present method of flow based measurement at receiving end to identify the leakage of oil is not effective, because exact location of oil leak point is not able to be identified until its physical appearance in the top soil.Page 10 of 76
The flow based measurement shall be carried out by providing flow meters in all pipelines with certain distance from well to receiving point, so that the area of pipeline leak shall be identified easily at initial stage itself. These flow meters shall be connected to any system like SCADA, PLC etc.
2) The periodic assessment of Pipe Integrity (including internal crack, corrosion & erosion) shall be made at least once in five years, so that the status of the pipeline shall be known and accordingly replacement period for the pipe shall be decided.
3) Pigging operation shall be carried out to reduce water accumulation and subsequent scaling & corrosion inside the pipeline.
4) External Corrosion Protection of pipeline shall be provided in all underground pipelines such as sacrificial anode method, impulse current method, poly ethylene coating etc. to avoid external corrosion of pipe.
5) Revalidating of appropriate inhibitors and rate of feeding based on well fluid characteristics (crude oil), can be done by frequent sampling and analysis of well fluid.
6) ONGC has informed that old pipelines are flushed once if it is not going to be used further in future. Evidence shall be provided to the committee during field visit to ensure that old unused pipelines are flushed properly.
7) ONGC shall also submit evidence of mothballing of pipeline which is temporarily not in use.
8) ONGC informed that the oil spilled soil (contaminated soil) is removed upto affected depth from the farmland and taken for in-house bioremediation. The contaminated soil excavated area is re-filled with soil taken from other location. It was informed that the refilled soil is also having good fertility. However, during this course of action the refill soil quality should be tested as well as it should possess similar characteristics of the existing natural farm soil so as to avoid yield loss.
9) ONGC is advised to carry out the assessment of soil quality in all locations, wherever the soil is refilled due to oil spillage/leakage and accordingly corrective measures needs to be taken.
10) An action plan for continuous monitoring of affected areas periodically by ONGC shall be submitted to avoid long term issues.
6. Submission for extension of time It is to inform CPCB RD Chennai office is functioning from Bengaluru due to pandemic situation and another committee member is from Coimbatore. Since both committee members are outside of Thiruvarur District and Moreover, Government of Tamil Nadu & Karnataka has restricted interstate Page 11 of 76 /district travel and enforced quarantine for travellers, so the committee decided to carry out field work after normalcy resumes.
In view of the above, it is kindly requested the Hon‟ble Tribunal for extending six weeks time after resuming normal situation and public transport, to submit the final report on completion of the field visit and soil quality assessment."
9. Thereafter, this Tribunal had passed the following order:-
"5. It is seen from the report that there are certain suggestions given and in order to ascertain as to whether the same has been properly complied with they wanted six weeks time. In addition, soil and water analysis and calculation of environmental compensation needs to be carried out for which further time has been sought.
6. It is also alleged in the report that Central Pollution Control Board, Regional Officer, Chennai is now functioning from Bangalore due to pandemic situation and another committee member from Coimbatore and others are outside at Thiruvarur District and State of Karnataka and Tamil Nadu had restricted the inter State movement and they could not carry out the field work.
7. Considering the situation mentioned in the report and also pandemic situation that is prevailing in the State, we feel it appropriate to grant two months time to the committee to submit the report.
8. The committee is directed to submit the report to this Tribunal within a period of two months i.e., on or before 29.09.2020 through e-mail @ [email protected] or by e-filing.
9. The Registry is directed to communicate this order to the members of the committee immediately by e-mail, so as to enable them to comply with the direction.
10. The Registry is also directed to issue further notice to the respondents 8 and 9, once again so as to get their response with reminder that if they do not appear, the matter will be disposed off in their absence."
10. The case was posted to 29.09.2020. Thereafter, the matter has been adjourned from time to time by successive notifications.
11. The 2nd Respondent/Ministry of Environment, Forests & Climate Change (MoEF&CC) in O.A. No.66/2020 (SZ) has filed their reply affidavit contending that two sets of rules have been notified to put in place a regulatory mechanism aimed at avoiding chemical accidents in industrial Page 12 of 76 units viz., Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 (MSIHC Rules, 1989) and Chemical Accidents [Emergency Planning, Preparedness and Response] Rules, 1996 (CAEPPR Rules, 1996). Key responsibilities have been assigned to various State Government/ Central Government Departments under the provisions of MSIHC Rules, 1989 and CAEPPR Rules, 1996 with the objective to prevent major chemical accidents arising from industrial activities and limiting the effects of such accidents on human health and environment. They produced those rules as Annexure - A & B along with the reply. As per MSIHC Rules, 1989, there is a responsibility on the occupier to provide necessary information that is likely to cause major accidents and affect general public during a major accident at the site which include submission of information on usage/storage/manufacture of hazardous chemicals, seek approval of sites, prepare on site emergency plan and safety reports, undertaking safety audits and mock-drills etc. The occupier is required to comply with the above mentioned rule provision with concerned authorities designated under Schedule - 5 of the Rules. As complement of MSIHC Rules, 1989, the CAEPPT Rules, 1996 provide statutory backup for setting up a Crisis Management framework and associated organizational support in the country. The Chemical Accidents (EPPR) Rules, 1996 envisage a Four-tier Crisis Management System in the country at the Local/District/State/Central levels. A Central Crisis Group has been constituted in compliance with Rule 3 under the Chairmanship of the Secretary (EF&CC). The Central Crisis Group Alert System i.e. Red Book has also been brought in compliance with Rule 4 to facilitate quick information exchange during chemical emergencies. The Red Book contains name, address and contact details of Central and State Nodal Page 13 of 76 Authorities, relevant national agencies/institutes pertaining to chemical (industrial) disaster management. The Red Book is hosted on the official portal of the MoEF&CC and updated annually and the last update was done in November, 2019. A virtual crisis control room is also set up in the MoEF&CC to coordinate with State Authorities during chemical (industrial) accident emergencies. The relevant provisions of Manufacture, Storage and Import Hazardous Chemical Rules, 1989 were extracted as follows:-
Rule Heading Description
Rule 1 Short Title and Manufacture, Storage and Import of
Commencement Hazardous Chemical Rules, 1989
Rule 2 Definitions Various terms used in the rules like
Hazardous Chemical, industrial activity,
isolated storage, import, importer, export,
exporter, isolated storage, m aj or
acci dent , m aj or accident hazard etc. have
been
defined.
Rule 3 Duties of Duties of authorities are specified in Schedule
Authorities 5.
Rule 4 General Responsibility of MAH occupier such as:
Responsibility Of identify themajor accident. hazards; and (b)
The occupied take adequate steps to -(i) prevent such
During major accidents and t o l i m i t t h e i r
Industrial(a) c o n s e q u e n c e s t o persons and the
Activity environment;
(ii) Provide to the persons working on the
site with the information,
training and equipment including antidotes
necessary to ensure their safety.
Rule 5 Notification Of Major Occupier should notify about the major
Accident chemical accident to concerned authority and
concerned authority shall undertake full
analysis of accident report and sent to
MoEF&CC as prescribed.
Rule 6 Industrial Activity To Defined industrial activity, isolated
Which Rules 7 To 15 storage, new industrial activity,
Apply existing industrial activity are mentioned in
rules for application of Rules 7 to 15
Page 14 of 76
Rule 7 Approval and Occupier should not undertake any industrial activity
Notification Of Sites without approval of concerned authority (as
per Schedule 5) and submit a written report
as per the particulars specified in Schedule 7
at least 3 months before commencing the
activity.
Rule 8 Updating of the site Any change in details submitted by occupier
notification following as per Schedule 7
changes in the threshold is
quantity required to be updated by the way of
submission of an updated report to the
concerned authority.
Rule 9 Transitional Provisions Modus of applicability of various rule
provisions in respect of units operating prior to these rules as well as new industrial activity/ isolated storages Rule 10 Safety Reports Occupier to conduct safety audit for new and [And existing industrial activity and prepare a Safety Audit Reports] safety reports as per Schedule 8 and submit it to concerned authority Rule 11 Updating of Occupier required to make prior reporting of reports the proposed modifications in an industrial under rule 10 activity as prescribed Rule 12 Requirement for further Concerned authority may ask from occupier for information to be sent to additional information in industrial activity. the authority Rule 13 Preparation to on-site Occupier should prepare and keep up-to-date emergency plan by the 'on-site emergency plan' as specified in occupier schedule 11.
The occupier required to ensure that a mock drill of the 'on-site emergency plan' is conducted every six months and report submit to concerned authority as per Schedule 5 Rule 14 Preparation of off-site District collector/ District authority should emergency plan by the prepare and keep up-to-date 'off site authority emergency plan' as per format specified in schedule 12.
Rule 15 Information to be given Occupier should inform public of the areas to persons liable to be about the nature of major accident hazard; adjoining affected by a and the safety measures and the "Dols' and major the accident 'Don'ts" which should be adopted in the event of a major accident as prescribed Rule 16 Disclosures of Provisions on disclosure of information by Information concerned authority Page 15 of 76 Rule 17 Collection, The occupier should prepare and develop a Development and safety data sheet as specified in Dissemination of Schedule 9 in respect of a hazardous chemical Information handled by him and ensure that the information is recorded accurately and reflects the scientific evidence used in making the hazard determination.
Container of hazardous chemical
should be clearly labelled as
specified under rule.
Rule 18 Import of Hazardous Any person responsible for importing
Chemicals hazardous chemicals in India should
provide prior- information specified under
the rule to the concerned authorities
prescribed under the rules.
Any person importing hazardous
chemicals should maintain the
records of the hazardous chemicals
imported as specified in Schedule 10
and the records can be checked by the
concerned authority
Rule 19 Improvement Notices Concerned authority may serve the
improvement notice to occupier in case of
violation of rules
Rule 20 Power of the Central The Central Government may, at any time,
Government to modify by notification in the Official Gazette, make the schedules suitable changes in the Schedules.
12. Similarly, the relevant provisions of the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 and its functions were extracted as follows:-
Rule Heading Description
Rule 1 ShortTitleAnd Chemical Accidents (Emergency Planning,
Commencement Preparedness and Response) Rules, 1996
Rule 2 Definitions Various definition viz. Chemical accident,
industrial pocket, major chemical accident,
industrial activity, hazardous chemical
etc. has been given in the mentioned rule.
Rule 3 Constitution Of Provision of constitution of CCG for
Central Crisis management of chemical accident and
Group functions.
Page 16 of 76
Rule 4 Setting up of Provision of setting up a functional crisis
Crisis Alert control room, information net working
System system with the State Governments under
Crisis Alert System.
Rule 5 Functions of the Defined responsibilities of
Central Crisis CCG/provideexpert
Group guidanceforhandlingchemical
accidents.
Rule 6 Constitution Of Provisions enabling the State Government
State Crisis to constitute a State Crisis Group for
Group management of chemical accidents
Rule 7 Functions of the Defined responsibilities of SCG/ to deal
State Crisis with chemical accidents and coordinate
Group efforts in planning, preparedness and
mitigation of a chemical accident
Rule 8 Constitution of The State Government constitute a
the District And District and Local Crisis Group for
Local Crisis management of chemical accidents
Group
Rule 9 Functions of The Apex body in the district to deal with
District Crisis major chemical accidents and to provide
Group expert guidance for handling chemical
accidents
Rule 10 Functions Of The To deal with chemical accidents
Local Crisis and coordinate efforts in planning,
Group preparedness and mitigation of a chemical
accident
Rule 11 Powers of the Members of the Central Crisis Group,
members of the State Crisis Groups and District Crisis
Central, State Groups shall be deemed to be persons
And District empowered by the Central Government in
Crisis Groups this behalf under sub-section (1) of section
10 of the Environment (Protection) Act,
1986
Rule 12 Aid and Major Accident Hazard installations
assistance for the provide aid, assist and facilitate functioning of the functioning of the District and District Crisis Group and Local Crisis Local Crisis Group.
Groups Rule 13 Information to SCG, LCG provide information on request the CCG, Public regarding chemical accident prevention, preparedness and mitigation in the country, state and industrial pocket respectively.
Page 17 of 7613. Further, in the reply affidavit, the 1st Respondent contended that to prevent chemical (industrial) accidents in the country, the concerned State/Central Authorities have been delegated responsibilities as per Schedule 5 of the MSIHC Rules, 1989 wherein, Petroleum and Explosive Safety Organization (PESO) has been made as a nodal agency to approve and notify the sites of pipelines carrying hazardous chemicals including inter-state pipelines. The PESO has also been mandated to accept Onsite Emergency Plans, review the safety reports and safety audit reports submitted by the occupiers. The PESO is also mandated to enforce directions and procedures under the Explosives Act, 1884 as well as the Petroleum Act, 1934. The PESO while giving approvals to industrial units, transportation pipelines and isolated storages are expected to ensure preparation of Onsite Emergency Plans and safety reports by units, reviewing the details of mock drills conducted and implementation of the Standard Operating Procedures (SOPs) of industrial operation by the unit from the industrial safety point of view. So, they prayed for accepting their contentions and pass appropriate orders.
14. The Oil and Natural Gas Corporation (ONGC) Limited has filed their reply to the recommendation made by the Joint Committee dated 10.11.2020 which reads as follows:-
"1) Present method of plan bused measurement at receiving end to identify the leakage or oil is not effective, because exact location of oil leak paint is not able to he identified until its physical appearance in the top soil. The flow based measurement shall be carried out by providing flow meters in all pipelines with certain distance from well to receiving point, so that the area of pipeline leak shall be identified easily at initial stage itself. These flow meters shall be connected to any system like SCADA, PLC etc. Standard low meters are meant for Single phase flow only. Well fluid is a combination of Gas, Oil and Water and hence it cannot be measured using flow meters.Page 18 of 76
Flow lines lengths varies from 1 km to 8 km and of 4 inch dia Flow rate from each well also varies from 1 m3 to 15 m3/day (About 50 lit/hour to 500 lit/hour) which is very small quantity towing through individual flow lines. These flow lines are underground lines and laid mostly through agricultural lands.
Fixing low meters at intermediate points under ground is not possible. If flow meters are to be installed additional land has to be acquired along the route of the flow lines for cabling. This may further affect the farming process. Probability of leakage also increases if there are more joints in the flow lines. Also as already explained above, flow meters will not measure multiphase flow.
Due to the depleting reservoir pressure, the flow of the well fluid in most of the wells is intermittent (flows in surges). With the SCADA reading of no-flow intervals we cannot conclude whether well as ceased to low or there is any leakage in the line unless it is observed for a long duration of time. By that time the undesirable damage to the land would be inevitable. If the leakage is of very minor in nature it is not at all possible to detect it with the SCADA system monitoring.
Connecting them with SCADA is a very cumbersome and tedious process as it involves huge wireless transmission infrastructure required for each well which is not viable. Also the protection of these infrastructure and cables at remote locations against any damage / miscreant act would be required to be ensured. Such practice doesn't exist in any of the Onshore oil industry.
The present methodology for pipeline monitoring and control measures includes patrolling of the Dow lines for visual observation and detection of any leakage on the surface, sensitising the villagers and public about the consequences of the leakages and inform the ONCC authorities in case of any eventuality of leakage Important phone numbers are displayed at the well sites in order to contact the concerned person of ONGC for information and timely action.
2) The periodic assessment of Pipe Integrity (including internal crack, corrosion and erosion) shall be made at least once in five years, so that the status of the pipeline shall be known and accordingly replacement period for the pipe shall be decided.
Pipeline integrity is checked once in five years by way of Hydro-testing of the pipeline and pressure testing of the line with the existing well fluid once in every two years. (OISD 233).
To overcome the above constraints mentioned in Point No. 1 and to achieve the aim of safeguarding the lands through which pipelines are laid from any leakages, ONGC is planning to have Intelligent Pinging Studies for all the flow lines through recent Advance Technology for pigging in non-piggable lines. With this study, the present condition of entire length of the flow lines will be ascertained accurately. Wherever the thickness of the line is observed less due to internal corrosion, cracks, erosion etc., proactively those portions will be replaced to avoid future leakages.
Already vendors for this service are identified and the princess of entering into a contract is already started. The contract is in initial phase of estimation and Page 19 of 76 likely to be awarded by end of the Financial Year 2020-21. Once the contract is in place, all the major and critical pipelines based on the life, ROU will be tested for internal integrity.
3) Pigging operation shall be carried out to reduce water accumulation and subsequent scaling and corrosion inside the pipeline.
Pigging of trunk lines are carried out once in 5 years. As the existing flow lines are non piggable, regular Liquid N2 application/ hot oil circulation is being done, to clear water accumulation and to avoid formation on sludge/scales inside the pipeline thereby minimizing the corrosion. Once the contractmentioned in earlier points comes into existence, condition of all flow lines will be known and further proactive actions will be initiated.
4) External Corrosion Protection of pipeline shall be provided in all underground pipelines such as sacrificial anode method, impulse current method, poly ethylene coating etc. to avoid external corrosion of pipe.
Presently all pipelines laid are 3 layered poly-ethylene coated pipes to avoid external corrosion. Moreover, Cathodic Protection exists for all the trunk pipelines Measures are also being taken to execute the same in the wall flow lines for recently laid pipelines through a contract (Pipeline Integrity Management System) which will be in place by Jan 2021: Remaining pipelines will be Cathodically protected in a phased manner.
5) Revalidating of appropriate inhibitors and rate of feeding based on well fluid characteristics (crude oil) can be done by frequent sampling and analysis of well fluid.
Oil Line Corrosion Inhibitor being used is procured as per Standard Corporate Specifications and the efficiency of the chemical is tested at ONGC Regional Labs using the well buds of the Asset Dosage Rate and Batch Dosing of Corrosion inhibitor in flow lines are carried out as per the recommendations of the ONGC Research Institutes. Analysis of well fluid Characteristics are being carried out regularly in the field laboratories.
Committee appointed by NGT suggested to confirm whether the effectiveness of the chemical dosed from well head end would get diluted and lose its effectiveness when it passed through sagged portions of the pipelines where water accumulation will be more. The same has been asked to our lab and corrective action in our practice would be incorporated if suggested by ONGC Regional lab.
6) ONGC has informed that old pipelines are flushed once if it is not going to be used further in future. Evidence shall be provided to the committee during field visit to ensure that old unused pipelines are flushed properly.
The pipelines are disconnected from the well site end and installation end and the lines are blinded/positively isolated after blushing the line for removal of hydrocarbons. Committee appointed by NGT was shown the isolation of old pipeline at KMP #44 well head.
Page 20 of 767) ONGC shall also submit evidence of mothballing of pipeline which is temporarily not in use.
At present there are no pipe lines which are temporarily not in use. However in the case of flow lines/pipe lines which are not in use and may be required for the future purpose they are disconnected from the well site end and installation end and the lines are blinded positively isolated after flushing the line for removal of hydrocarbons. Then they are purged and filled with N2 for safe guarding their life for the purpose of using in the future.
8) ONGC informed that the spilled soil (contaminated soil) is removed upto affected depth from the farmland and taken for in house bioremediation. The contaminated soil excavated area is re-filled with soil taken from other location. It was informed that the refilled soil is also having good fertility. However, during this course of action the refill soil quality should be tested as well as it should posses similar characteristics of the existing nature farm soil so as to avoid yield loss.
Presently the contaminated soil of excavated area is refilled up to the depth of 1.2 meter with the soil taken from other location. To ensure good fertility and yield, the soil for refilling is taken from suitable location as suggested by the owner of the land after duly testing the soil used for refilling by the local agricultural department.
As suggested by Committee appointed by NGT, henceforth the contaminated soil below the pipe line shall also be removed and refilled with tested quality sol. After refilling the soil shall be tested for Mechanical, Biological Organic and Microbial population to ensure that they have similar characteristics of existing natural farm soil so as to avoid yield loss.
ONGC shall ensure the affected area is refilled with the suitable good quality soil by coordinating with the local village and district authorities and if required Dept of Agriculture.
9) ONGC is advised to carry out the assessment of soil quality in all locations, wherever the soil is refilled due to oil spillage/ leakage and according corrective measures needs to be taken.
In addition to the reply mentioned in point 308, ONGC shall periodically take the soil sample at different locations of the operational areas to have the base data for referring with the affected soil where the leakage happens in the future.
10) An action plan for continuous monitoring of affected areas periodically by ONGC shall be submitted to avoid long term issues.
After the removal of contaminated soil and refilling by suitable soil the land is handed over to the land owner. The visit to the affected areas will be carried out by the ONGC grew and regular feedback soil testing regarding cultivation and crop yield will be collected for records. Based on the feedback, corrective measures shall be taken including the additional crop compensation based on the recommendations by the local village and district authorities.
Page 21 of 76Committee appointed by NGT suggested to take surface soil samples along the routes of vulnerable flow lines during non-cultivation periods to ensure there is no residual leakage of very minute nature. ONGC will implement this suggestion once the present cultivation period is over.
Committee appointed by NGT also suggested to carryout CSR activities along with Department of agriculture to improve fertility of the affected lands.Based on the reports of concerned VAO/Revenue Authorities this will be carried out wherever required."
15. In the meantime, this Tribunal had registered another Suo Motu case as Original Application No.193 of 2020 (SZ) on the basis of the two newspaper reports published in The New Indian Express, Chennai Edition dated 24.09.2020 under the caption "Paddy field filled with crude oil as ONGC pipeline leaks" and also in Dinamani Tamil Newspaper, Chennai Edition dated 24.09.2020 under the caption "vz;nza;f; Fohapy;
cilg;G: taypy; gutpa fr;rh vz;nza;".
16. It is seen from both the newspaper reports that there was a leakage of crude petroleum oil which developed in the transmission pipe on Tuesday and the oil spilled into the samba paddy field of a farmer at Erukkattur Village near Tiruvaur. The reason for the leakage is still unknown as mentioned by the ONGC official as per the reporter.
17. It was alleged in the report that the oil spilled due to the leakage in one of the ONGC underground pipelines that was laid for transporting crude oil, explored by the Company at Kamalapuram Oil Well. They said when the authorities were contacted, it was informed by them that they will be taking steps to remedy the situation including the payment of compensation. It was also mentioned that the leakage was arrested.
Page 22 of 7618. So, this Tribunal had admitted the matter and directed the District Collector, Tiruvarur District and the Tamil Nadu Pollution Control Board to submit independent reports regarding the incident including the action taken for violation (if any) found and assessment of environmental compensation etc. and the case was posted to 04.11.2020.
19. On 04.11.2020, this Tribunal had considered the status report submitted by the District Collector signed on 02.11.2020 extracted in Para (4) of the order which reads as follows:-
"STATUS REPORT FILED BY THE DISTRICT COLLECTOR, TIRUVARUR DISTRICT (7th Respondent) (As per Hon'ble National Green Tribunal, Southern Zone, Chennai, in the Matter of order dated: 01.09.2020, in O.A. No. 193/2020).
1. The Hon'ble National Green Tribunal, south Zone, Chennai has Sum Motu registered this case based on the news paper reports published in the "Indian Express" Chennai Edition dated 24.09.2020 and one other news paper report published in the "Dhinamalar", Chennai Edition dated:
24.09.2020, regarding the oil spill in the paddy field at Erukattur Village, KoothanallurTaluk in Tirivarur District due to ONGC Pipe line leakage. In this regard the Hon'ble National Green Tribunal (Southern Zone). In the interim orders dated: 01.09.2020, has directed "The District Collector, Tiruvarur and the Tamil Nadu State Pollution Control Board to submit independent report file report regarding the incident including the action taken for the violations if any found and the assessment of environmental compensation.
2. In this regard report has been call for from the Revenue Divisional Officer, Mannargudi, The District Environmental Engineer, Nagapattinam and ONGC in this office letter R.C. Lr. No. 11256/2020/C2, dated: 20.10.2020.
The ONGC has submitted the report Lr. No. KKL/CA/ST/NGT HEARING /DC/2020, dated: 19.10.2020. The Revenue Divisional Officer, Mannargudi has submitted the report letter R.C. No. 5542/2020/B3, dated:31.10.2020, the District Environmental Engineer, Nagapattinam Letter No./DEE/TNPCB/NPM/F.No.CC/2020, dated:28.10.2020 (copies enclosed).
Based on the above reports and in compliance with the directions of the Hon'ble National Green Tribunal, Southern Zone, and Chennai I am submitting the status report regarding the incident as detailed below. A) Details of Leakage:
Information regarding ONGC pipeline leakage was received in ONGC control room, Kamalapuram EPS, at about 22:50 Hrs on 22.09.2020 at Wells KMP# and 64 in the field owned by Thiru. Sivashanmugam, S/o. Dhanasekaran, in survey No. 72/1, Erukattur Village, KoothanalurTaluk.Page 23 of 76
B) Action Taken:
The ONGC team has reached the site at about 23:00 Hrs and closed the wells.
Due to suspected leakage in one of in SRP Wells at KMP # 22, 58 and 63 all wells were stop.
ON 23.09.2020 the ONGC team visited the field affected in presence of Revenue and Police Officials carry out the remedial measure and assessment of damage.
The leakage was confirmed in KMP # 58 # 63 flow line and they were kept closed. KMP # 22 was restarted on 23.09.2020 at about 13:30 Hrs. ONGC has reported that the soil near the leakage location was dug and a pin hole was observed and it was arrested by means of clamping. Spillage oil was completely recovered from the leakage location and shifted to the KMP-EPS for further action.
C) Damages No life loss, No cattle loss and No injuries reported.
No major environmental damages reported.
Oil spillage was spread over 0.40.50 Hectares of cultivated paddy. D) Payment of Compensation:
The total extent of survey no. 72/1 classified as wet land is 1.61.50 Hectares and paddy variety CR 1009 has been shown in the field. The oil spill was detected over 0.40.50 Hectares. ONGC has paid Rs. 1,10,000/- as compensation amount for the damages to paddy drop.
The compensation amount has been paid to Thiru. Dhanasekaran, S/o. Sivaperumal, (Father of the land owner Thiru. Sivashanmugam, S/o. Dhanasekaran, presently working at Qatar) under proper acknowledgement.
E) Safety measures adopted by ONGC to monitor flow lines:
Periodical replacement of old corroded lines. Regular patrolling of the flow lines being done for visual observation and detection of surface leakage.
The Village and public are sensitized about the consequences of the leakages and inform the ONGC authorities and in case of leakages. F) Conclusion:
It is submitted that Hon'ble National Green Tribunal in the matter O.A. No. 66 of 2020 has already constituted a committee comprising of the 1) District Collector, Tiruvarur, 2) Senior officer of Central Pollution Control Board, 3) Senior officer from Tamil Nadu Pollution Control Board, 4) Senior Soil Scientist from Tamil Nadu Pollution Control Board, regarding the pipe line leakage at Keezhapadugai and Erukkattur Villages in Tiruvarur District.
An interim report of the committee has already been filed. The final report is yet to be filed. The suggestions and recommendations of the committee regarding damage caused to the environment including soil fertility of the land, the remedial measures taken up by ONGC and shall be applicable in the instant case also. Hence this application may be taken up along with the Original Application No. 193/2020."
Page 24 of 7620. It was mentioned in the report that the Joint Committee was appointed in Original Application No.66 of 2020 (SZ), where they have submitted an interim report and certain annexure were also produced along with the report which includes the order passed by this Tribunal in Original Application No.66 of 2020 (SZ) and the interim report submitted in that case.
21. Thereafter, this Tribunal had also considered the documents produced by the Respondents No.8 & 9 regarding the payment of compensation of Rs.1,10,000 (Rupees One Lakh and Ten Thousand only) to the land owners whose land has been affected by the oil spill on the basis of the directions issued by the District Collector, Tiruvarur vide Proceedings No.g.K.11348/2017/C4 dated Nil, signed by the District Collector on 25.04.2017. This amount was paid to one land owner by name Mr. Dhanasekaran S/o. Sivaperuman, KaliammanKoil Street, Kamalapuram P.O. Tirvarur District for the damage caused to the land in Resurvey No.72/1 of Erukkattur Village and extent of land affected was assessed as 0.40.5 Ha. They also produced certain documents regarding the enquiry committee constituted by them to investigate the incident and the action taken from their side which were produced as Annexure Nos. 4 to 10.
22. The enquiry committee report in respect of the minor incident occurred on Two Phase Release at KMP#58 & 63 on 22.09.2020 which reads as follows:-
―ENQUIRY COMMITTEE REPORT ON MINOR INCIDENT (Two Phase Release) at KMP #58 & 63 on 22.09.2020 vide SAP Doc no:
I.NO:417134) REF O/o: No: ONGC/KKL/CA/HSE-ST/Minor Incidents/2020- 21/09 Date: 06.10.2020 An enquiry committee approved by the ED-Asset Manager was constituted for enquiring into a minor incident of Two Phase release which was reported at KMP # 58 &63 on 22.09.2020 at 23:00 hrs. In SAP against doc. No.417134 dated 23.09.2020.Page 25 of 76
S. No. Name (Shri.) Design. CPF No. Section 1 V T Sivakumar GM (P) 82043 SAM-III 2 S. Selva DGM (P) 81133 SFM-II 3 A. Karthikeyan SE (I) 105316 HSE ST
The Terms of reference for the enquiry are as under:
1. Details of the accident
2. Reconstruction of the event/sequence leading to the accident.
3. Observations of the committee bringing out the contributing factors resulting in the accidents related to a. Material /Equipment factors b. System /Procedural factors c. People factors.
d. Usage of PPE/other safety items.
c. Any other factors as per the committee.
4. Causes of the accidents and the root causes(s) of the accident.
5. Responsibility for the lapses should be clearly recorded lo the report. In case no one is held accountable, the same should be recorded with due justification in the report.
Details of the accident: The incident was reported in SAP vide Doc No:
417134 dated 23.09.2020. "REPORTED FLOW LINE LEAKAGE AT 23:00HRS BY LAND OWNER SHRI DHANRAJ IN THE PADDY FIELD OF ERAKATTUR VILLAGE, BACK SIDE OF KMP#51/64 WELL SITE. SUSPECTING WELL FLOW LINES OF KMP#22, 58, 63, STOPPED ALL THREE SRP'S AND CLOSED WING AND ANNULUS VALVES AND DEPRESSURIZED THE FLOW LINES FROM KMP EPS END. OBSERVED STOPPAGE OF LEAK AND WELLS KEPT CLOSED. THE SPILLED OIL WAS RECOVERED FROM THE SITE AND TRENCHING WAS CARRIED OUT. KMP 58,63 FLOW LINE WAS IDENTIFIED LEAKING AND WAS CLA KMP 58 AND KMP 63 WELLS REMAIN CLOSED. KMP 22 SRP WAS RESTARTED AT 1330 HRS ON 23.09.2020".
Subsequently, the Committee members visited the incident site on 08.10.2020 for the inquiry & its detailed report is stated below:
Reconstruction of the event sequence leading to the accident At 22:50 Hrs, on 22.09.2020 KMP-EPS control room had received a call about the leakage back side of Well KMP#54 &64 which is located in a paddy field (Owner Shri. Dhanasekaran S/O Shri.Sivaperunan) Erakattur Village. KMP-EPS crew rushed to the well site immediately upon the call & closed the well at 23.00 Hrs. Suspected leakage in well KMP#22, 58.&63. All the three walls are SRP Wells & stopped them which are producing around 12 liquid with 2KL water cut & 38 kl liq and 11 kl water respectively. Closed Wing &Annulus valves and depressurised the flow lines from KMP EPS end. This is the first leak incident Page 26 of 76 happening in the flow line since it was commissioned in the year 21s? July 2016. Observed stoppage of leakage after closing of wells.& concluded the leak at Well KMP# 58 & 63 only. After dig out, a pin hole was observed at 7'O clock position & arrested the leak by clamping on the same day. Leaked oil was recovered from the leaked spot & transported the oil soaked soil to KMP-EPS for further action. Flow fine replacement will be done by C&M team after obtaining necessary ROU. KMP#22 SRP well was restarted on 23.09.2020 @ 13:30 Hrs.
No personnel injury or damages to the property or environment occurred during the above incident.
Observations of the committee:
1. As informed to the enquiry committee, due to the timely action taken by the crew members of the KMP-EPS, the minor Leak was arrested completely within short time without causing any personnel injury or property / major environment damage. The leakage spot is 6 KMS from KMP-EPS &300 Metres from KMP# 51 well.
2. The witness statement has been obtained from Resident Engineer (RE) KMP EPS & pasted below for ready reference.
WITNESS STATEMENT FOR MINOR INCIDENT (Two Phase Release) at KMP #48 & 63 on 22.09.2020 side SAP Doc no: I.NO:4171934 At 22:30 Hrs, on 22.09.2020 KMP-EPS control room had received a call about the leakage back side of Well KMP #54 &64 which is located in a paddy field (Owner - Shri. Dhanasekaran S/o. Shri.Sivuperuman) Erakattur Village. KMP- EPS crew rushed to the well site immediately upon the call closed the well at 23.00 firs. Suspected leakage in well KMP-22, 58 & 63. All the three wells are SRP wells & stopped. Closed Wing & Annulus valves and depressurised the flow lines from KMP-EPS end. Observed stoppage of leakage after closing of wells & concluded the leak at Well KMP# 58& 63 only. After dig out, a pin hole was observed at 7'O clock position& arrested the leak by clamping on the same day. Leaked oil was recovered from the leaked spot & transported the oil soaked soil to KMP-EPS for further action. Flow line replacement will be done by C&M team after obtaining necessary ROU, KMP #22 SRP well was restarted on 23.09.2020 at 13:30 Hrs.
Sd/- (K.Ravibabu) CE (P) Resident Engineer - KMP EPS Causes of the accident and root cause(s) of the accident:
The flow line was last hydro tested on 30.12.2018 at 7 ksc. Suspecting that the leakage happened due to ageing (Corrosion or Pitting type of corrosion) the pin hole was occurred.
S. No. Operational Parameter
1. Fluid Transported Crude Oil
2. Operating Pressure 2.5 Ksc
3. Operating Temp. 380C
4. Salinity (ppm) 94230
5. Material of pipeline API 5LX46
Page 27 of 76
6. Dia and Thickness of pipeline, 4 inch dia& 7.9 mm thickness & Laid on laid on 21.07.2016
7. Latest Hydro Test data 30.12.2018
8. OCI dozing carried out last on 20.09.2020 Responsibility for the accident:
The committee is of the view that there is no System/ equipment factors which could have led to the incident. The pipeline leakage is due to ageing and corrosion.
Recommendations:
1) It is recommended to identify &replace all the gas/oil flow lines as per the standards derived in OISD STD 233.
2) Pressure (Hydro) testing of flow lines as per OISD standard 233 to be carried out every two years.
3) Oil corrosion inhibitor dozing may be carried out on regular basis.
4) Frequent patrolling of the Flow lines is being carried out and needs to be continued and records to be maintained for the same as per OMR."
23. The ONGC also filed an incident report in O.A. No.193/2020 (SZ) dated 03.11.2020, e-filed on 05.11.2020 which reads as follows:-
―INCIDENT REPORT OF ONGC The 8th and 9th Respondent (ONGC) states as follows:
1. The above application is a Suo-moto application taken on file by this Hon'ble Tribunal based on the following news article:
"Indian Express Chennai Edition, dated 24.09.2020 under the caption "Paddy field filled with crude oil as ONGC pipeline leaks" and also another newspaper report published in Dinamalar Newspaper Chennai Edition on the same day.
It is seen from the newspaper reports that there was a leakage of crude petroleum oil developed in the transmission pipe on Tuesday and the oil spilled into the samba paddy field of a farmer at Erukkattur Village near Tiruvarur.
It is alleged in the report that the oil spilled due to the leakage in one of the ONGC underground pipelines that was laid for transporting crude oil, produced by the Company at Kamalapuram Oil Well. They said when the authorities were contacted, it was informed by them that they will be taking steps to remedy the situation including the payment of compensation. It is also mentioned that the leakage was arrested."
BRIEF INTRODUCTION ABOUT ONGC (9th RESPONDENT)
2. The 9th Respondent (ONGC) is an Indian public sector multinational crude oil and gas company which is a Central Government Undertaking under the administrative control of the Ministry of Petroleum and Natural Gas (MoPNG). It Page 28 of 76 is the largest oil and gas exploration and production company in the country, and produces around 70% of India's crude oil (equivalent to around 57% of the country's total demand) and around 84% of its natural gas. In November 2010, the Government of India conferred the Maharatnastatus to ONGC.
3. It is submitted the scope of the SuoMotu proceedings pursuant to the incident reported in the news item dated 24.09.2020 is limited. This Respondent is following best practices to ensure safety while sub-serving public interest, particularly in ensuring that a precious resource like natural gas benefits the national economy and the people at large. Without prejudice to the foregoing, this Respondent sets out the facts relating to the above minor incident, the safety measures adopted and corrective action taken as follows:
SEQUENCE LEADING TO THE INCIDENT
4. ONGC is into crude oil exploration and production activities from different fields located at Thiruvarur District for the past more than three decades. By order dated April 2018 (Annexure R-1) issued by District Revenue Officer, Thiruvarur compensation was fixed as Rs. 1,10,000/ per acre/per annum to the land owners who are cultivating paddy, cotton, urud dal and sugarcane 01.01.2018 to 31.12.2020 after detailed deliberation with Government Officials and representations of farmers.
5. On 22.09.2020, a flow line leakage was reported by the local people in KizhErukattur Village near ONGC's well at 23:15 hrs. Subsequently ONGC crew from Kamalapuram EPS (Early Production System) rushed to the well sites and closed the wells at 23.45 hrs. The line was also depressurized from KMP EPS end and leakage was totally stopped.
6. On 23.09.2020, an in-house Committee visited the area and assessed the damages caused in the presence of State Revenue Officials. The incident took place at R.S. No. 72/1, Erukkattur Village, KoothanallurTaluk in Tiruvarur District and noticed that leakage had occurred in KMP#58 & 63 line passing through land belonging to Mr. S.Dhanasekaran S/o Mr. Sivaperuman. ONGC duly intimated about the action taken by them to District Collector, Thiruvarur on 23.09.2020 (Annexure R-2). The compensation amount negotiated with land owner for 0.40.5 Hec and fixed by the Committee is as follows:
Rate per ARE (in Rs) for 2717
paddy
Extent Damaged (in Hectares) 0.40.5
Compensation Amount 1,10,000/- (Rupees One Lakh
negotiated (in Rs.) Ten Thousand Only)
7. The report of the Committee for assessment of compensation due to leakage is filed as Annexure R-3. ONGC duly intimated about the action taken by them TNPCB, Nagapattinam on 24.09.2020 through WhatsApp which is filed as Annexure R-4. The Report submitted by the Village Administrative Officer dated 24.09.2020 is filed as Annexure R5. The land owner also submitted applications Page 29 of 76 seeking for compensation of damaged cultivation land due to oil spillage. The Application dated 27.09.2020 is filed as Annexure R-7.
8. As a part of safety measures, an in-house Committee was formed by ONGC to investigate into the incident. The order forming the Committee dated 06.10.2020 is filed as Annexure R-8. The terms of reference for the enquiry are as under:
1. Details of the accident
2. Reconstruction of the event/ sequence leading to the accident.
3. Observation of the committee bringing out the contributing factors resulting in the accidents related to a. Material/ Equipment factors b. System/Procedural factors c. People factors d. Usage of PPE/ other safety items e. Any other factors as per the committee
4. Cause of the accidents and the root cause(s) of the accident.
5. Responsibility for the lapses should be clearly recorded in the report. In case no one is held accountable, the same should be recorded with due justification in the report.
9. The in-house Committee consisting of three eminent members submitted its report dated 08.10.2020 (Annexure R-9). The Committee observed that the minor leak was arrested completely within short time without causing any personal injury or property or major environmental damage. The Committee has given the following recommendations:
1. It is recommended to identify & replace all the gas/ oil flow lines as per the standards derived in OISD STD 233
2. Pressure (Hydro) testing of flow lines as per OISD standard 233 to be carried out every two years.
3. Oil corrosion inhibitor dozing may be carried out on regular basis.
4. Frequent patrolling of the flow lines is being carried out and needs to be continued and records to be maintained for the same as per OMR.
The above recommendations by the committee is already being followed diligently as part of the in-house safety measures of ONGC.
10. By order dated 09.10.2020 (Annexure R-10), ONGC forwarded a letter to the District Collector Thiruvarur informing that necessary modalities have been initiated to pay the compensation amount at the earliest; that the spilled oil from the field was recovered totally; that the leakage point has been clamped and the line is isolated; that the refilling of the soil in the affected area shall be taken up after the cultivation/monsoon season as agreed by the land owner in the presence of Village Administrative Officer. A sum of Rs 1,10,000/- has been paid to the land owner on 28.10.2020 and the acknowledgment given by the land owner is filed as Annexure A- 11.
Page 30 of 7611. The details of safety measures being adopted by ONGC to monitor the flow lines are given below:
a) Periodical replacement of old corroded lines.
b) Regular patrolling of the flow lines being done for visual observation and detection of any leakage on the surface.
c) Regular batch dosing of Oil Corrosion Inhibitor is being done at the well site to ensure the life of the flow line. Proper drawings of pipe line in critical routes viz. road crossings, road and rail bridges are being maintained at respective Installations and those locations are checked regularly.
d) Pressure testing of all the flowing wells (1.1 time of the maximum operating pressure) is being carried out once in two years as per 01SD
233.
e) The villagers and public are sensitized about the consequences of the leakages and they have been advised to inform the ONGC authorities in case of any eventuality of leakage. Display of important phone numbers at the well sites in order to contact the concerned person of ONGC for immediate and timely action.
12. It is pertinent to state that pipeline integrity is checked by ONGC once in five years by way of Hydrotesting of the pipeline and pressure testing of the line with the existing well fluid once in every two years. (OISD 233).Measures for determining the internal cracks, erosion and corrosion of the pipeline using inline inspection is a new technology and ONGC is pursuing with the vendor. The contract for inline inspection methods are in initial phase of estimation and likely to be awarded by end of the Financial Year 2020-2021. Once the contract is in place, internal conditions like corrosion and thickness of all the major and critical pipelines will be checked. Based on the condition, the weak portions will be proactively replaced thereby avoiding any future chance of leakage. As the existing flowlines are nonpiggable, regular Liquid N2 application/hot oil circulation is being done, to clear water accumulation and to avoid formation of sludge/scales inside the pipe line thereby minimizing the corrosion.
13. Presently all pipelines laid are 3 layered poly-ethylene coated pipes to avoid external corrosion. Moreover, Cathodic Protection exists for all the trunk pipelines. Measures are also being taken to execute the same in the well flowlines for recently laid pipelines through a contract which will be in place by January 2021. Remaining pipelines will be cathodically protected in a phased manner. Oil Line Corrosion Inhibitor being used is procured as per Standard Corporate Specifications and the efficiency of the chemical is tested at ONGC Regional Labs using the well fluids of the Asset. Dosage Rate and Batch Dosing of Corrosion Inhibitor in flow lines are carried out as per the recommendations of the ONGC Research Institutes. Analysis of well fluid characteristics are being carried out regularly in the field laboratories.
14. It is submitted that in O.A. No. 66 of 2020 pending before this Hon'ble Tribunal, a Committee has already been formed with respect to line leakage at Kizhhapadugai on 28.04.2020 at KMP # 44 and KizhErakkatur on 06.04.2019 at Page 31 of 76 KMP # 46 and 48. Proactive measures have been suggested by the Committee with respect to soil restoration and fertility which ONGC would implement. The report of the committee has not yet been filed. It is submitted that ONGC is operating in the said region for more than three decades and the public are well aware of the consequences of the leakage and they immediately informed ONGC crew working round the clock throughout the year. Display of important phone numbers at the well sites in order to contact the concerned person of ONGC is filed as (Annexure R- 12 )
15. It is submitted the scope of the suomotu proceedings pursuant to the incident reported in the news item dated 24.09.2020 is limited and this Respondent is following best practices to ensure safety while sub serving public interest, particularly in ensuring that a precious resource like natural gas benefits the national economy and the people at large. This is prime need, particularly in this crisis caused by the Covid19 pandemic and resultant lockdown imposed under the Disaster Management Act, which has almost crippled industrial growth and unprecedented slowdown. At this stage, every authority needs to function and act in a manner as to mitigate and control the adverse effects of the crisis / disaster as stipulated under the provisions of the Disaster Management Act, while ensuring continuity of operations and public safety. This Respondent is pursuing all other requirements and procedures with the relevant authorities as described above in a bona fide manner. Hence it is just and necessary that the proceedings be closed.
It is therefore prayed that this Hon'ble Tribunal may be pleased to close the above Original Application and thus render justice.
Dated at KARAIKAL this the 3rd day of November 2020."
24. As directed by this Tribunal, the ONGC had requested the PANJANCOA, Karaikal to conduct soil test and they have conducted the soil test and the report was produced by the ONGC which reads as follows:-
"Tamil Nadu Agricultural University ICAR --KVK- Needamangalam -- 614 404, Thiruvarur district SOIL ANALYTICAL REPORT S.No Sample Parameter Unit Value Interpretation
1. ONGC pH - 7.33 Neutral Details EC dSm-1 0.32 Harmless Sample 1 Available N Kg hat 313.3 Medium Available P Kg hat 37 Medium Available K Kg hat 293 High Organic carbon % 0.78 Medium
2. ONGC pH - 7.24 Neutral EC dSm t 0.51 Harmless Sample 2 Available N Kg ha-1 241 Low Page 32 of 76 Available P Kg hat 35 High Available K Kg hat 260 Medium Organic carbon % 0.49 Low
3. ONGC pH - 7.88 Slightly alkaline EC dSm-1 0.30 Harmless Sample 3 Available N Kg hat 229 Low Available P Kg hat 28 High Available K Kg hat 313 High Organic carbon % 0.44 Low
4. ONGC pH - 7.40 Neutral EC dSm-1 0.30 Harmless Sample 4 Available N Kg hat 218.8 Low Available P Kg hat 30 High Available K Kg hat 293 High Organic carbon % 0.40 Low
5. ONGC pH - 8.03 Slightly alkaline EC dSm-1 0.27 Harmless Sample 5 Available N Kg hat 268.8 Low Available P Kg hat 24 High Available K Kg hat 306 High Organic carbon % 0.60 Medium
6. ONGC pH 7.98 Slightly alkaline
-
EC dSm-1 0.32 Harmless
Sample 6
Available N Kg hat 224.3 Low
Available P Kg hat 32 High
Available K Kg hat 319 High
Organic carbon % 0.42 Low
25. Thereafter, on 11.01.2021, both these cases were taken up together for considerationand this Tribunal had considered the Joint Committee report dated 15.12.2020, e-filed on the same date and received on 16.12.2020 and extracted in Para (6) of the order which reads as follows:-
―Report of the Joint Committee (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated 11.05.2020 & 20.07.2020 in OA no. 66/2020 and Order dt. 04.11.2020 in OA No. 193/2020)
1. Background The Honourable National Green Tribunal, Southern Zone, Chennai, in the matter of OA No. 66 of 2020 directed on 11.05.2020 as;
" 5. We also feel it appropriate to constitute a committee comprising of (1) Senior Officer of Central Pollution Control Board, Regional Office, Chennai (2) Senior Officer from Tamil Nadu Pollution Control Board (3) Senior Soil Scientist from the Tamil Nadu Agricultural University, Coimbatore and (4) District Collector, Tiruvarur to inspect the area in question and submit status as well as action report, including assessment of damage caused to environment including fertility of the land, remedial measures taken by ONGC and whether it is sufficient and whether any compensation for damage caused to environment as well as damage caused to the Page 33 of 76 land owners affected and submit a report to this Tribunal within a period of two months. Central Pollution Control Board, Regional Office, Chennai will be nodal agency for the purpose of coordination and providing logistics for this purpose.
Registry is directed to communicate this order along with paper report and report of Pollution Control Board received to the above officials through e-mail immediately so as to enable them to comply with the direction. Committee is also directed to submit the report to this Tribunal through e-mail at [email protected] or e-filing before the time specified above...."
In compliance to the Hon‟ble tribunal order, the committee has organised preliminary meeting on June 30, 2020 through VC along with officials of ONGC and submitted the interim reportto the Hon‟ble Tribunal with the following suggestions; Committee felt that the steps/ measures taken by ONGC for the control of pipeline leakage are not sufficient, because the leakages and its locations are being identified after physical appearance of oil on the soil surface. Pipelines are being laid 2mt. below the ground level. After deliberate discussions, the following measures are suggested by the committee to avoidoil pipeline leak and to maintain the soil fertility.
1) Present method of flow based measurement at receiving end to identify the leakage of oil is not effective, because exact location of oil leak point is not able to be identified until its physical appearance in the top soil. The flow based measurement shall be carried out by providing flow meters in all pipelines with certain distance from well to receiving point, so that the area of pipeline leak shall be identified easily at initial stage itself. These flow meters shall be connected to any system like SCADA, PLC etc.
2) The periodic assessment of Pipe Integrity (including internal crack, corrosion & erosion) shall be made at least once in five years, so that the status of the pipeline shall be known and accordingly replacement period for the pipe shall be decided.
3) Pigging operation shall be carried out to reduce water accumulation and subsequent scaling & corrosion inside the pipeline.
4) External Corrosion Protection of pipeline shall be provided in all underground pipelines such as sacrificial anode method, impulse current method, poly ethylene coating etc. to avoid external corrosion of pipe.
5) Revalidating of appropriate inhibitors and rate of feeding based on well fluid characteristics (crude oil), can be done by frequent sampling and analysis of well fluid.
6) ONGC has informed that old pipelines are flushed once if it is not going to be used further in future. Evidence shall be provided to the committee during field visit to ensurethat old unused pipelines are flushed properly.
7) ONGC shall also submit evidence of mothballing of pipeline which is temporarily not in use.
8) ONGC informed that the oil spilled soil (contaminated soil) is removed from the farmland and taken for in-house bioremediation. The contaminated soil excavated area is re-filled with soil taken from nearby farmers field or other location.
Page 34 of 76It was informed that the refilled soil is also having good fertility. However, during this course of action the refiledl soil quality should be tested as well as it should possess similar characteristics of the existing natural farm soil so as to avoid yield loss.
9) ONGC is advised to carry out the assessment of soil quality in all locations, wherever the soil is refilled due to oil spillage/leakage and accordingly corrective measures needsto be taken.
10) An action plan for continuous monitoring of affected areas periodically by ONGC shallbe submitted to avoid long term issues.
And also the committee has requested time for carrying out field inspection considering the pandemic situation. Accordingly, Hon‟ble Tribunal granted time and directed to submit the report on or before 29.09.2020. After the relaxation on restriction of travel by Govt. of TN, the committee has carried out inspection on 10.09.2020 and collected the soil samples in & around the affected area of both the sites. The sampling & analysis were carried out by Tamil Nadu Agricultural University, Coimbatore.
Further, the committee requested time for carrying out analysis of the samples collected and submission of final report.
In the matter of OA No. 193 of 2020 order dt. 04.11.2020, Hon‟ble NGT(SZ) directed as follows;
"......we direct the committee appointed by this Tribunal in O.A. No. 66 of 2020 to inspect the area in question as well as and submit the nature of soil contamination caused on account of the oil leak and what are the nature of remedial measures to be taken to make good the agricultural land fit for cultivation. Considering the circumstances, we feel that this case also can be posted along with O.A. No. 66 of 2020 which is now posted to 11.11.2020, so that a common order can be passed as to what are all the future steps to be taken to avoid such incidents in future and the common remedial measures to be taken by the ONGC in such cases......"
2. Details of sampling Joint committee had onsite visit and meeting at Tiruvarur to inspect and discuss the effect of underground crude oil leakage incidences occurred in the farmers fields laid with ONGC pipelines on 11.9.2020. During the field visit, soil and water samples were collected from the affected and non-affected fields of both the sites and assessed for their soil fertility. The details on the field visit and the soil fertility assessment made are furnished below:
Site I : Farmer field at Keezhapadugai village (Kmp #44 line leakage, 28.04.2020) Page 35 of 76 During the field visit, discussions were held with the farmer Mr. Velraj, owner of the field about the incidence occurred, remedial measures taken and compensation paid by M/s. ONGC, Tiruvarur. It was reported that an area of 2 m x 2 m was affected by the crude oil leakage which was excavated and refilled with the soil collected from nearby fields. The farmer confirmed the receipt of compensation from ONGC, removal of the contaminated soil and refilling with the soil collected from adjacent fields. Currently the field was sown with rice crop and germination was good.
A Profile was opened in the affected area where the crude oil leakage occurred and soil samples were collected upto a depth of 1.20 m (GPS co-ordinates: N10.45420 / E079.36998). Though no oily appearance was observed in the surface soil, samples collected from the deeperdepths showed the presence of oil. The soil fertility assessment made in the site revealed no much variation in all the soil physical properties viz., bulk density, particle density and porosity in the soil samples collected from the affected and non-affected areas (Table 1). The soil texture was clay in the upper soil depth of 0-45 cm and in the lower depths it was clay loam in nature. The basic soil properties like pH and electrical conductivity of the soil samples increased with the soil depth. The soil samples were slightly alkaline in reaction (8.33 to 8.57) and saline in lower depths from 45 cm onwards upto 1.20 m (1.21 to 1.56 dS m-1). Compared to the non-affected field, 0.50 to 1.5 unit increase in pH at all the profile depths and 5-10 fold increase in the salinity at lower depths (> 60 cm) was noticed in the profile. An irregular trend of decrease and increase was noticed in organic carbon content of the soil with increasing soil depth.
Considerable reduction (40-50%) in available nitrogen and potassium with increasing soil depth was observed (Table 2). No such changes in available phosphorus, calcium, zinc and manganese availability in the soil samples were noticed as compared to the samples collected from non-affected field. The availability of sulphur and magnesium though showed not much differences, higher values were observed in the profile depth of 60-120 cm. The Cu and Fe availability was lesser (20%) than the sample collected from the non-affected fields with an irregular trend in boron availability. The heavy metal status in the soil was trace and found below the toxicity limit in all the samples and showed no significant variation between the affected and non-affected soil samples (Table 3). The microbial load in the soil samples showed drastic reduction in the population when compared to samples collected from non-affected fields. More than 50% reduction in bacteria, fungi and actinomycetes population was observed in the affected field as compared to the non- affected field. The reduction in porosity and lesser nitrogen availability observed in the site might have resulted in lesser microbial population.
Two water samples each collected from nearby affected field and also at non- affected areas were analyzed for various quality parameters which indicated no hazard of all cations and anions. The water quality was also good hence can be used Page 36 of 76 for irrigation (Table 8).
Site II: Farmer field at Keezhaerukkattur village (Kmp # 46 & 48 line leakage, 06.04.2019) The farmer has taken up sowing with the rice variety CR 1009 and upon discussions he has said that approximately 5 m radius area in the field was affected and confirmed the receipt of Rs. 50,000/- as compensation fixed by the District collector, Tiruvarur. Soil samples were collected at surface and also at 15 cm interval in the profile depth upto 120 cm (GPS co- ordinates: N10.44679 / E079.33927). Two water samples each one in the affected field and nearby area were also collected. The presence of oil in the water as well as in the soil samples collected from the affected field was observed visually.
The analytical results of the soil sample collected from the area of crude oil leakage and also in the non-affected field showed greater variation in porosity of the samples collected upto a depth of 0 to 60 cm but no such differences was observed in the particle density and a slight reduction in bulk density. Considerable reduction in the porosity observed upto a profile depth of 75 cm indicated the de-flocculation of soil particles (Table 4). No much variability in the pH was noticed at all depths except at 15-30 cm which was highly acidic in reaction (Table 4). Though the surface soil sample does not have any salinity issues, the sub surface samples collected at the depth of 15-60 cm were having high salinity problem (3.30 to 5.35 dS m-1). The surface sample was slightly calcareous while the subsurface samples were non calcareous in nature. An increase in organic carbon content, available potassium, sulphur, and copper availability was recorded with increasing soil depth and the increase was marked with potassium and copper (Table
5). No much variability in calcium, magnesium, phosphorus and slight reduction in boron availability was registered in the samples. The heavy metals (Cd, Pb, Cr, Ni) status in both affected and non-affected areas were well below the toxicity limit (Table
6). The microbial load assessed in the profile samples collected at affected site and surface soil samples collected from non-affected areas showed no significant variability.
The analysis of two water samples each one collected from the affected and non- affected areas revealed no hazardous levels of cations and anions and possesses good water quality indices (Table 8). Both the samples were neutral in pH, non-saline with no hazardous status of various cations and anions.
Characteristics of the oil spilled soil samples excavated and dumped in the ONGC site Two representative oil spilled soil samples excavated from the fields and dumped in the ONGC site were collected and analyzed for various parameters (Table
7). The physical properties of the soil samples showed no variability and the soil samples were clay loam in texture. The pH of the samples was neutral in reaction, Page 37 of 76 highly saline (2.51 & 3.00 dS m-1) with the organic carbon content of 1.43 & 1.46%. The major nutrient availability indicated medium Nitrogen, low Phosphorus and high Potassium availability.
As regards the secondary and micronutrient availability, all the nutrients were sufficiently available and no toxic level was observed. The heavy metal availability in the soils was also ranged from traceable to low in status. Higher actinomycetes population was noted in the samples followed by fungi and bacteria.
Table 1: Soil physical and physico chemical properties of the soil samples collected from Keezhapadugai village (Site I) S. Sample details Physical properties Physico chemical properties No Bulk Particle Porosi Texture pH EC Org. Calcareousne density density ty (dS m- Carbon ss (g cc-1) (g cc-1) (%) 1) (%) (%)
1. Non affected field 1.33 2.22 42.1 Clay loam 7.01 0.16 0.69 Non sample calcareous Profile samples
2. 0-15 cm 1.33 2.22 40.3 Clay 7.48 0.21 0.35 Non calcareous
3. 15-30 cm 1.25 1.82 31.3 Clay 8.33 0.26 0.40 Non calcareous
4. 30-45 cm 1.18 2.00 37.5 Clay 8.57 0.32 0.55 Non calcareous
5. 45-60 cm 1.33 2.00 41.2 Clay loam 8.26 1.56 0.86 Non calcareous
6. 60-75 cm 1.33 1.67 38.8 Clay loam 8.42 1.35 0.55 Non calcareous
7. 75-90 cm 1.18 1.82 41.4 Clay loam 8.47 1.21 0.89 Non calcareous
8. 90-120 cm 1.05 2.00 41.4 Clay loam 8.39 1.23 0.25 Non calcareous Table 2: Nutrient availability in the soil samples collected form Keezhapadugai village (Site I) S. No Sample Major Nutrient Secondary and Micronutrients availability details availability (kg ha-1) (mg kg-1) Nitro Phosph Potas Calciu Magnes Sulph Zinc Iron Mangane Copper Boron gen orus sium m ium ur se
1. Non affected 199 9.0 327 1512 804 14.9 1.13 50.3 29.8 3.42 0.33 field sample Profile samples
2. 0-15 cm 137 8.0 327 1344 660 14.6 1.05 21.6 24.3 2.34 0.76
3. 15-30 cm 123 10.0 234 2064 732 13.9 1.16 32.5 14.8 2.69 0.72
4. 30-45 cm 115 9.0 220 1272 924 22.5 2.26 36.0 26.1 1.17 0.40
5. 45-60 cm 90 9.0 186 2040 960 12.9 1.01 40.3 31.1 2.74 0.52
6. 60-75 cm 84 10.0 189 2112 1236 36.3 0.61 29.6 27.8 1.82 0.24
7. 75-90 cm 76 10.0 150 960 1020 33.0 1.27 27.3 23.4 1.62 0.56
8. 90-120 cm 67 10.0 170 1272 828 24.8 1.06 26.5 18.2 1.43 0.68 Table 3: Microbial load and heavy metal availability in the soil samples collected form Page 38 of 76 Keezhapadugai village (Site I) S.N Sample Microbial load Heavy metal availability (mg kg-1) o details Bacteria Fungi Actinomycetes Cadmi Lead Chrom Nickel (x 10 6 (x 104 CFU (x 10 CFU g ) u 2 -1 ium CFU g-1) g-1) m
1. Non affected 7 21 25 1.21 2.96 ND ND field sample Profile samples
2. 0-15 cm 4 - 11 1.26 3.35 ND ND
3. 15-30 cm 2 - 4 1.26 3.46 ND ND
4. 30-45 cm - 1 3 1..24 3.40 ND ND
5. 45-60 cm - - 1 1.23 3.58 ND ND
6. 60-75 cm 7 - 4 1.20 3.27 ND ND
7. 75-90 cm - - 3 1.21 3.07 ND ND
8. 90-120 cm - - 6 1.23 3.01 ND ND ND-Non deductable Table 4: Soil physical and physico chemical properties of the soil samples collected from Keezhaerukkattur village (Site II) S.N Sample Physical properties Physico chemical properties o details Bulk Particle Porosity Textur pH EC Org. Calcareous density density (%) e (dS m ) Carbon
-1 ness (g cc-1) (g cc-1) (%) (%)
1. Non affected field 1.54 2.22 38.9 Clay 7.75 0.41 0.68 Non calcareous sample loam Profile samples
2. 0-15 cm 1.50 1.77 15.3 Clay 7.45 0.32 0.92 Slightly loam calcareous
3. 15-30 cm 1.50 1.91 21.5 Clay 5.29 5.35 1.43 Non loam calcareous
4. 30-60cm 1.50 1.91 21.5 Clay 7.47 3.3 1.16 Non loam calcareous
5. 60-75 cm 136 1.91 28.8 Clay 7.77 1.02 1.40 Slightly loam calcareous
6. 75-90 cm 1.11 2.00 44.4 Clay 7.78 2.25 0.36 Non loam calcareous
7. 90-120 cm 1.25 2.00 37.5 Clay 7.93 1.70 0.27 Non loam calcareous Table 5: Nutrient availability in the soil samples collected form Keezhaerukkattur village (Site II) S. No Sample Major Nutrient Secondary and Micronutrients availability details availability (kg ha- (mg kg-1)
1) Nitro Phosp Pota Calciu Magnesiu Sulphur Zinc Iron Mangan Copper Boron gen horus ssiu m m ese m
1. Non affected 204 11.0 277 1944 696 26.1 1.86 75.6 56.5 2.33 0.91 field sample Profile samples
2. 0-15 cm 227 27.0 402 1416 648 24.1 0.90 56.4 37.0 3.37 0.30 Page 39 of 76
3. 15-30 cm 134 10.0 384 960 864 70.0 1.25 62.9 60.5 4.32 0.80
4. 30-60cm 193 8.00 362 1032 588 37.0 1.58 49.6 90.3 4.10 0.84
5. 60-75 cm 188 11.0 393 1368 564 18.8 1.79 41.2 79.7 4.08 0.64
6. 75-90 cm 190 15.0 302 1272 408 12.9 1.00 31.6 49.6 3.44 0.50
7. 90-120 cm 134 8.00 216 1320 864 12.0 0.96 18.7 25.6 2.81 0.50 Table 6: Microbial load and heavy metal availability in the soil samples collected form Keezhaerukkattur village (Site II) S.N Sample Microbial load Heavy metal availability (mg kg-1) o details Bacteria Fungi Actinomy (x 106 (x 104 cetes(x Cadmi Lead Chromi Nickel CFU g- CFU g- 102 CFU um um
1) 1) g-1)
1. Non affected field 9 - 11 1.01 1.68 ND ND sample Profile samples
2. 0-15 cm 8 1 19 1.00 1.34 ND ND
3. 15-30 cm 10 2 14 1.02 1.52 ND ND
4. 30-60cm 12 1 18 1.02 2.24 ND ND
5. 60-75 cm 6 3 11 1.02 1.79 ND ND
6. 75-90 cm 7 - 10 0.99 1.78 ND ND
7. 90-120 cm 5 1 21 1.01 1.97 ND ND ND-Non deductible Table 7: Characteristics of oil spilled excavated soil dumped in the ONGC site S.No. Soil properties Sample 1 Sample 2 Physical properties 1 Bulk density (g cc-1) 1.25 1.33 2 Particle density (g cc-1) 2.22 2.00 3 Porosity (%) 43.8 33.3 4 Texture Clay loam Clay loam Physico chemical properties 5 pH 7.10 7.21 6 EC (dS m-1) 3.00 2.51 7 Org. Carbon (%) 1.43 1.46 8 Calcareousness (%) Slightly Non calcareous calcareous Major Nutrient availability (kg ha-1) 9 Nitrogen 216 204 10 Phosphorus 8.00 11.0 11 Potassium 350 356 Secondary and Micronutrients availability (mg kg-1) 12 Calcium 1080 1128 13 Magnesium 696 972 14 Sulphur 32.4 9.9 15 Zinc 0.85 1.81 16 Iron 35.3 53.2 17 Manganese 13.5 43.7 18 Copper 2.63 3.45 19 Boron 1.08 0.52 Heavy metals 20 Cadmium 0.97 1.05 Page 40 of 76 21 Lead 1.87 1.90 22 Chromium ND ND 23 Nickel ND ND Microbial load 24 Bacteria (x 106 CFU g-1) 15 12 25 Fungi (x 104 CFU g-1) - 27 26 Actinomycetes (x 102 CFU g-1) 7 40 Table 8: Analytical results of the water samples collected from both the sites S.No. Parameters Site I Site II Sample 1 Sample 2 Sample 1 Sample 2 Nearby Non Nearby Non affected area affected affected area affected 1 pH 7.61 7.59 7.65 8.10 2 Electrical conductivity 0.37 0.27 0.46 0.40 (dS m-1) Cations (meq. L-1) 3 Calcium 1.20 0.88 0.96 0.15 4 Magnesium 1.18 0.63 0.63 2.78 5 Sodium 1.20 1.08 2.88 0.96 6 Potassium 0.08 0.07 0.09 0.07 Anions (meq. L-1) 7 Carbonate Nil Nil Nil 0.40 8 Bicarbonate 0.60 0.60 1.20 0.60 9 Chloride 2.80 2.0 2.80 2.80 10 Sulphate 0.09 0.01 0.02 0.02 Water quality indices 1.10 1.24 3.23 0.79 11 Sodium Adsorption 1.32 1.36 4.20 1.03 Ratio 12 Residual Sodium Nil Nil Nil Nil Carbonate 13 Salt index -29.1 -27.7 -26.3 -24.2 14 Mg/Ca ratio 0.98 0.71 0.65 18.3
3. Salient conclusions The soil fertility assessment and water quality appraisal of the samples collected from the affected farmers fields of both the sites revealed the following issues which need to be addressed.
Site I: Keezhapadugai village (Kmp #44 line leakage, 28.04.2020) Increasing salinity and alkalinity of the soil samples at lower depth. Considerable reduction in available nitrogen and potassium. Built up in magnesium and sulphur content in the lower soil depths. Reduced microbial load in the samples collected from affected field than the non-
affectedfields.
No issues in other nutrients, heavy metals status and soil physical properties. Water sample quality was good with no hazardous status of cations and anions.
Site II: Keezhaerukkattur village (Kmp # 46 & 48 line leakage occurred on 06.04.2019) Considerable reduction in porosity with no constraints in bulk density and particle density.
Page 41 of 76 Soil acidification and salinity in the lower depths (15-60 cm). Increased status of sulphur, manganese and copper content in the lower soil depths.
Heavy metal status was well below the toxicity level. No change in microbial load between the affected and non-affected fields. Water samples possess good quality with no hazard in cations and anions.
The oil spilled soil samples collected from the storage area of the ONGC site has the issue of highsalinity and other parameters showed no constraints.
4. Status of Compliance submitted by the ONGC;
ONGC has submitted the compliance based on the suggestions made in the interim report. Thecompliance along with committee comments are as follows;
(i) Present method of flow based measurement at receiving end to identify the leakage of oil is not effective, because exact location of oil leak point is not able to be identified until its physical appearance in the top soil. The flow based measurement shall be carried out by providing flow meters in all pipelines with certain distance from well to receiving point, so that the area of pipeline leak shall be identified easily at initial stage itself. These flow meters shall be connected to any system like SCADA, PLC etc., Standard flow meters are meant for Single phase flow only. Well fluid is a combination of Gas, Oil and Water and hence it cannot be measured using flow meters.
Flow lines lengths varies from 1 km to 8 km and of 4 inch dia. Flow rate from each well also varies from 1 m3 to 15 m3/day (About 50 lit/hour to 500 lit/hour) which is very small quantity flowing through individual flow lines. These flow lines are underground lines and laid mostly through agricultural lands. Fixing flow meters at intermediate points under ground is not possible. If flow meters are to be installed additional land has to be acquired along the route of the flow lines for cabling. This may further affect the farming process. Probability of leakage also increases if there are more joints in the flow lines. Also as already explained above, flow meters will not measuremultiphase flow. Due to the depleting reservoir pressure, the flow of the well fluid in most of the wells is intermittent (flows in surges). With the SCADA reading of no-flow intervals, we cannot conclude whether well has ceased to flow or there is any leakage in the line unless it is observed for a long duration of time. By that time the undesirable damage to the land would be inevitable. If the leakage is of very minor in nature it is not at all possible to detect it with the SCADA system monitoring.
Connecting them with SCADA is a very cumbersome and tedious process as it involves huge wireless transmission infrastructure required for each well which is not viable. Also the protection of these infrastructure and cables at remote locations against any damage Page 42 of 76 /miscreant act would be required to be ensured. Such practice doesn‟t exist in any of the Onshore oil industry.
The present methodology for pipe line monitoring and control measures includes patrolling of the flow lines for visual observation and detection of any leakage on the surface, sensitising the villagers and public about the consequences of the leakages and inform the ONGC authorities in case of any eventuality of leakage. Important phone numbers are displayed at the well sites in order to contact the concerned person of ONGC for immediateand timely action. Comments: There are multiphase flow meters available in market, however considering wide variation in the Gas Oil Ratio (GOR) time to time from wells, accuracy of the meter will be compromised. Intelligent Pigging Studies for all pipelines shall be done periodically. As an additional measure, corrosion monitoring probes or coupons can be installed at each well head to monitor the corrosion rate and optimize the Corrosion inhibitor injection rate, this certainly improves the effectiveness of Corrosion Inhibitors.
(ii) The periodic assessment of Pipe Integrity (including internal crack, corrosion and erosion) shall be made at least once in five years, so that the status of the pipeline shall be known and accordingly replacement period for the pipe shall be decided.
Pipeline integrity is checked once in five years by way of Hydro-testing of the pipeline and pressure testing of the line with the existing well fluid once in every two years. (OISD 233) To overcome the above constraints mentioned in Point no (i) and to achieve the aim of safeguarding the lands through which pipelines are laid from any leakages, ONGC is planning to have Intelligent Pigging Studies for all the flow lines through recent Advance Technology for pigging in non-piggable lines. With this study, the present condition of entire length of the flow lines will be ascertained accurately. Wherever the thickness of the line is observed less due to internal corrosion, cracks, erosion etc., proactively those portions will be replaced to avoid future leakages.
Already vendors for this service are identified and the process of entering into a contract is already started. The contract is in initial phase of estimation and likely to be awarded by end of the Financial Year 2020-21. Once the contract is in place, all the major and critical pipelines based on the life, ROU will be tested for internal integrity.
(iii) Pigging operation shall be carried out to reduce water accumulation and subsequent scaling & corrosion inside the pipeline. Pigging of trunk lines are carried out once in 5 years.
As the existing flow lines are non piggable, regular Liquid N2 application/ hot oil circulation is being done, to clear water accumulation and to avoid formation of sludge/scales inside the pipe line thereby minimizing the corrosion. Once the contract mentioned in earlier points comes into existence, condition of all flow Page 43 of 76 lines will be known and further proactive actionswill be initiated. Comments: Even though ONGC is carrying out the above said measures, leakage of pipeline is frequently happening, so increase the frequency to minimize the pipeline corrosion. Also an alternate of injecting Corrosion Inhibitors at higher rates to inhibit the water accumulated in pipeline due to low GOR and terrain effect. ONGC can introduce intermittent Corrosion inhibitor injection points along the pipeline and inject the Corrosion Inhibitor through mobile facility periodically, this enables the effective corrosion inhibitor reaches all along the pipeline. A specialist flow assurance study can be performed to verify the impact on corrosion due to varying flow rates, terrain effects etc.
(iv) External Corrosion Protection of pipeline shall be provided in all underground pipelines such as sacrificial anode method, impulse current method, poly ethylene coating etc., to avoid external corrosion of pipe. Presently all pipelines laid are 3 layered poly-ethylene coated pipes to avoid external corrosion. Moreover, Cathodic Protection exists for all the trunk pipelines. Measures are also being taken to execute the same in the well flow lines for recently laid pipelines through a contract (Pipeline Integrity Management System) which will be in place by Jan‟2021. Remaining pipelines will be Cathodically protected in a phased manner.
(v) Revalidating of appropriate inhibitors and rate of feeding based on well fluid characteristics (crude oil) can be done by frequent sampling and analysis of well fluid.
Oil Line Corrosion Inhibitor being used is procured as per Standard Corporate Specifications and the efficiency of the chemical is tested at ONGC Regional Labs using the well fluids of the Asset. Dosage Rate and Batch Dosing of Corrosion Inhibitor in flow lines are carried out as per the recommendations of the ONGC Research Institutes. Analysis of well fluid characteristics are being carried out regularly in the field laboratories.
Committee appointed by NGT suggested to confirm whether the effectiveness of the chemical dosed from well head end would get diluted and lose its effectiveness when it passes through sagged portions of the pipelines where water accumulation will be more. The same has been asked to our lab and corrective action in our practice would be incorporated if suggested by ONGC Regional lab. Comments: Suggest to conduct in field test on various corrosion inhibitors from different formulations to ensure the effectiveness of the same.
(vi) ONGC has informed that old pipelines are flushed once if it is not going to be used further in future. Evidence shall be provided to the committee during field visit to ensure that old unused pipelines are flushed properly. The pipelines are disconnected from the well site end and installation end and the lines are blinded /positively isolated after flushing the line for removal of hydrocarbons. Committee appointed by NGT was shown the isolation of old pipeline at KMP#44 well head.
(vii) ONGC shall also submit evidence of mothballing of pipeline which is Page 44 of 76 temporarily not in use.
At present there are no pipe lines which are temporarily not in use.
However, in the case of flow lines/pipe lines which are not in use and may be required for the future purpose they are disconnected from the well site end and installation end and the lines are blinded /positively isolated after flushing the line for removal of hydrocarbons. Then they are purged and filled with N2 for safe guarding their life for the purpose of usingin the future. Comments: As the pipelines are not piggable, just purging with nitrogen will not help removing the accumulated water. The water accumulated and left for longer forms dead leg and corrodes the portion of pipeline exposed. ONGC to consider flushing the pipeline with inhibited water (suitably treated or injection with inhibitors)
(viii) ONGC informed that the spilled soil (contaminated soil) is removed upto affected depth from the farmland and taken for in house bioremediation. The contaminated soil excavated area is re-filled with soil taken from other location. It was informed that the refilled soil is also having good fertility. However, during this course of action the refill soil quality should be tested as well as it should possess similar characteristics of the existing natural farm soil so as to avoid yield loss. Presently the contaminated soil of excavated area is refilled up to the depth of 1. 2 meter with the soil taken from other location. To ensure good fertility and yield, the soil for refilling is taken from suitable location as suggested by the owner of the land after duly testing the soil used for refilling by the local agricultural department As suggested by Committee appointed by NGT, henceforth the contaminated soil below the pipe line shall also be removed and refilled with tested quality soil. After refilling the soil shall be tested for Mechanical, Biological, Organic and Microbial population to ensure that they have similar characteristics of existing natural farm soil so as to avoid yield loss.
ONGC shall ensure the affected area is refilled with the suitable good quality soil by coordinating with the local village and district authorities and if required Dept. of Agriculture Comments: As per statement of ONGC, the soil evacuated is taken for further treatment, whereas the refilling of soil is being done by landowners for which payment is made by the ONGC. As per the study conducted by the committee, the soil possesses the impact due to oil leakage and contaminated soil is not properly removed.
(ix) ONGC is advised to carry out the assessment of soil quality in all locations, wherever the soil is refilled due to oil spillage / leakage and according corrective measures needsto be taken.
Page 45 of 76In addition to the reply mentioned in point no viii, ONGC shall periodically take the soil sample at different locations of the operational areas to have the base data for referring withthe affected soil where the leakage happens in the future.
(x) An action plan for continuous monitoring of affected areas periodically by ONGC shallbe submitted to avoid long term issues. After the removal of contaminated soil and refilling by suitable soil the land is handed over to the land owner. The visit to the affected areas will be carried out by the ONGC crew and regular feedback /soil testing regarding cultivation and crop yield will be collected for records. Based on the feedback, corrective measures shall be taken including the additional crop compensation based on the recommendations by the local village and district authorities.
Committee appointed by NGT suggested to take surface soil samples along the routes of vulnerable flow lines during non-cultivation periods to ensure there is no residual leakage of very minute nature. ONGC will implement this suggestion once the present cultivation period is over.
Committee appointed by NGT also suggested to carryout CSR activities along with Department of agriculture to improve fertility of the affected lands. Based on the reports of concerned VAO / Revenue Authorities this will be carried out wherever required.
5. Field Observations
a) ONGC informed that the contaminated soil is removed and taken for further treatment, whereas the refilling of soil is done by the landowner, for which the payment is made alongwith compensation.
b) Presence of oil in the sub surface soil was observed in the oil leakage area, which shows that contaminated soil is not removed completely.
c) The oil leak happened on 06.04.2019 at Keezhaerukkattur village (Kmp # 46 & 48) pipeline was repaired by ONGC and compensation has been paid along with the cost of soil refilling to the land owner S. Selvaraj. Whereas, during joint committee visit it is observed that the contaminated soil is not removed in this site. ONGC informed that landowner has not allowed to remove the contaminated soil. Committee informed that with the help of local authority, ONGC shall take necessary action for the removal of contaminated soil.
6. Compensation paid by ONGC:
ONGC is paying compensation based on the Tiruvarur District Revenue Officer proceeding dt. 25.04.2018 for the period 01.01.2018 to 31.12.2020 (Copy enclosed as Annexure 1). The details are as follows;Page 46 of 76
Period Crop Details Compensation Amount
per Acre per Annum
01.01.2018 to Paddy, Cotton, Gram, Lentils, Sugarcane and Rs 1,10,000/-
31.12.2020 Banana including cash crops
The above compensation will be reviewed again after 31.12.2020. Moreover, ONGC informed that they will be paying additional compensation in successive years, if growth is affected.
The compensation paid to Mr. C. Velraj for the affected area 400 Sq. mt. is Rs. 10,868/- and Mr. S. Selvaraj for affected area 1850 is Rs 50,000/- for the incident happened on 20.04.2020 at KMP 44 line and 06.04.2019 at KMP 48 line respectively. The copy submitted by ONGC isannexed as Annexure 2.
7. Committee Opinion/Suggestion in the matter of OA No. 193/2020 In the matter of OA No. 193/2020, Hon‟ble Tribunal has taken SUO MOTU based on the News item in Dinamalar Newspaper, Chennai Edition dated 24.09.2020 titled "Paddy field with crude oil as ONGC pipeline leaks". ONGC oil pipeline leakage was happened on 22.09.2020 at Wells KMP# 64 in the field owned by Thiru. Sivashanmugam, S/o. Dhanasekaran, in survey No. 72/1, Erukattur Village, Koothanalur Taluk. The status report was filed by the District Collector, Tiruvarur as well as by ONGC, in which the details of soil test and its contamination and remedial measures was not furnished. So, Hon‟ble Tribunal directed the committee appointed in the OA No. 66 of 2020 to inspect the area in question as well as and submit the nature of soil contamination caused on account of the oil leak and what are the nature of remedial measures to be taken to make good the agricultural land fit for cultivation.
Joint committee is of the opinion that the nature of accident material and soil quality is similar to the event that happened in earlier case. The nature of the affected soil quality collected & tested in the matter of OA No. 66/2020 is briefed in the report. Since it is a similar type of issue, the quality of affected soil would possess the same nature. So, the remediation measures suggested in this report is applicable for the present affected site mentioned in the OA 193/2020.
8. Suggestions:
General;
ONGC shall ensure that, the soil from oil leaked area needs to be completely removed from the location. ONGC should ensure & monitor that, the landowners should not refill with same contaminated soil. ONGC shall carry out the assessment of soil quality periodically throughout the pipeline laid area and also to monitor at oil spilled location, so that accordingly corrective measuresshall be implemented.Page 47 of 76
Preventive measures for non-recurrence;
Intelligent Pigging Studies for all pipelines shall be done periodically to assess the pipelinedamage.
Corrosion monitoring probes or coupons can be installed at each well head to monitor the corrosion rate and optimize the Corrosion inhibitor injection rate, to improve the effectiveness of Corrosion Inhibitors. Suggested to conduct in field test on various corrosion inhibitors from different formulations to ensure the effectiveness of the same.
Introduce intermittent Corrosion inhibitor injection points along the pipeline and inject the Corrosion Inhibitor through mobile facility periodically, this enables the effective corrosion inhibitor reaches all along the pipeline. A specialist flow assurance study can be performed to verify the impact on corrosion due to varying flow rates, terrain effects etc. The periodic assessment of Pipe Integrity (including internal crack, corrosion and erosion) shall be made at least once in five years, so that the status of the pipeline shall be known and accordingly replacement period for the pipe shall be decided.
External Corrosion Protection of pipeline shall be provided in all underground pipelines such as sacrificial anode method, impulse current method, poly ethylene coating etc., to avoid external corrosion of pipe. Mothballing of pipeline which is temporarily not in use: As the pipelines are not piggable, just purging with nitrogen will not help removing the accumulated water. The water accumulated and left for longer forms dead leg and corrodes the portion of pipeline exposed. ONGC to consider flushing the pipeline with inhibited water (suitably treated orinjection with inhibitors) Reclamation Measures;
The following management strategies may be adopted as reclamation measure for improving the soil fertility in the affected sites Lesser porosity may be improved by providing adequate drainage facilities, in-situ growing and incorporation of green manures crops besides adding available organic manures in the farm.
Application of gypsum based on gypsum requirement may be followed to reduce the alkalinity.
Leaching of salts with sufficient quantity of water and providing adequate drainagefacilities to reduce the salinity and to increase the oxygen supply. For reducing the acidity observed in the lower depths of site, lime application may beadvocated to increase the pH so as to improve the nutrient availability.
For addressing reduced nutrient availability and microbial load, soil test basedbalanced fertilization and organic manure addition may be followed.Page 48 of 76
In general, reduced porosity, higher salinity, alkalinity and acidity are the common soil constraints observed hence the above suggested management strategies may be adopted to avoid the deterioration of soil fertility in a long run."
26. Thereafter, this Tribunal had passed the following order:-
"7. We have also received the reply submitted by ONGC to the recommendations of the committee in both the cases and the learned counsel submitted that soil test has been conducted and report has been received and if some time is granted, they may be able to produce the same.
8. It may be mentioned here that in the joint committee report both the incidents were considered. But nothing has been mentioned about the nature of the things done in O.A.193/2020 in respect of the land belong to one Sivasanmugam in the report. But they have mentioned only the nature of incident etc will be same as mentioned in O.A.66/2020. But they have not mentioned the nature of the area affected in O.A.193/2020.
9. However, we direct the joint committee to look into this aspect again and submit further report to this Tribunal regarding the nature of action taken by ONGC on the basis of the directions given by them and whether that is sufficient to meet the situation to avoid such things in future and also give details regarding the nature of contamination and nature of extended area covered in the incident mentioned in O.A.193/2020 and submit a detailed report to this Tribunal before the next hearing date.
10. The ONGC is also directed to submit further status report regarding implementation of the recommendations given by the joint committee including the soil test and what is the nature of further action to be taken on the basis of the soil test report to remedy the situation considering the fact for which the joint committee has been appointed by this Tribunal for that purpose.
11. The committee as well as ONGC are directed to submit further report as directed by this Tribunal on or before 2.3.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
12. The Registry is directed to communicate this order to the members of the committee as well as official respondents through e-mail immediately so as to enable them to comply with the direction of this Tribunal."
27. The case was posted to 02.03.2021 for consideration of further report.
Thereafter, the matter has been adjourned from time to time, either by successive notifications or at the request of the parties. Again, it was taken up on 17.06.2021 and this Tribunal had considered the further report submitted by the Joint Committee dated 28.05.2021, e-filed on 30.05.2021 and extracted in Para (3) of the order which reads as follows:-
Page 49 of 76"Report of the Joint Committee (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated 11.01.2021 & 02.03.2021 in OA no. 66/2020 and OA No. 193/2020)
1. Background The Honourable National Green Tribunal, Southern Zone, Chennai, in the matter of OA No. 193 of 2020 on 11.01.2021 stated and directed as; "... It may be mentioned here that in the joint committee report both the incidents were considered. But nothing has been mentioned about the nature of the things done in O.A.193/2020 in respect of the land belong to one Sivasanmugam in the report. But they have mentioned only the nature of incident etc will be same as mentioned in O.A.66/2020. But they have not mentioned the nature of the area affected in O.A.193/2020. However, we direct the joint committee to look into this aspect again and submit further report to this Tribunal regarding the nature of action taken by ONGC on the basis of the directions given by them and whether that is sufficient to meet the situation to avoid such things in future and also give details regarding the nature of contamination and nature of extended area covered in the incident mentioned in O.A.193/2020 and submit a detailed report to this Tribunal before the next hearing date i.e. 02.03.2021..."
Cultivation was started at the time of the incident happened in the agricultural land in the matter of OA No. 193/2020. So the committee decided to carry out the sampling after harvesting.Due to prolonged monsoon in the month of January 2021 and delay in harvesting, the committee carried out the soil sampling on 26.02.2021 and requested Hon‟ble Tribunal further time to file the report. Hon‟ble Tribunal in its order dt. 03.03.2021 directed as follows;
"... So considering the circumstances, we feel that some more time can be granted to the committee to submit a report. The committee is directed to submit a report to this Tribunal on or before 20.04.2021..."
1. Action Taken by ONGC on the basis of the Committee Suggestions:
The action taken report submitted by ONGC based on the committee suggestions in thematter of OA no. 66/2020 is as follows;Page 50 of 76
Sl No. Committee Suggestions Action Taken by ONGC General;
i. ONGC shall ensure that, the soil from oil leaked The contaminated soil from the oil leaked area needs to be completely removed from the areas (OA 193/2020) is removed completely location. ONGC should ensure & monitor that, from the location and refilled with the fresh the landowners should not refill with same soil. contaminated soil It is informed that ONGC is monitoring the removal of the soil under the supervision of ONGC field crew and is not being done by the land owners.
ii ONGC shall carry out the assessment of soil ONGC informed that due to the prolonged quality periodically throughout the pipeline laid monsoon period there was a delay in the area and also to monitor at oil spilled location, harvesting. so that accordingly corrective measures shall be The soil sample collection also requires implemented necessary permission from the land owners.
The process of collection of soil sample for assessment of its quality has been initiated.
Preventive measures for non-recurrence;
iii Intelligent Pigging Studies for all pipelines shall In line inspection to planned to conducted be done periodically to assess thepipeline damage. in 19 flow lines in the first phase. Based on outcome of the study, it will be extended to all other lines in phase wise.
iv Corrosion monitoring probes or coupons can be As a continuation of ONGC‟s R&D installed at each well head to monitor the Institute IOGPT, Mumbai‟s earlier project corrosion rate and optimize the Corrosion titled "Failure Analysis of Flow Lines of inhibitor injection rate, to improve the Satellite Field including optimization of effectiveness of Corrosion Inhibitors. Suggested to OCI Dosing system, Cauvery Asset"
conduct in field test on various corrosion issued in March 2011, A new project has inhibitors from different formulations to ensure been awarded to study the effectiveness of the effectiveness ofthe same. various corrosion inhibitors and to recommend a suitable field specific corrosion inhibitor with required dosage rates.
v Introduce intermittent Corrosion inhibitor The length of the pipelines is less that will injection points along the pipeline and inject the not require intermittent injection points. Corrosion Inhibitor through mobile facility We ensure periodic dosing at the well head periodically, this enables the effective corrosion end that reaches all along the pipeline. The inhibitor reaches all along the pipeline. A flow assurance study - Project has been specialist flow assurance study can be performed assigned by ONGC‟s R&D Institute, to verify the impact on corrosion due to varying IOGPT. Once their recommendations are flow rates, terrain received same effects etc. shall be implemented.Page 51 of 76
vi The periodic assessment of Pipe Integrity The proposal has been initiated forpipeline (including internal crack, corrosion and erosion) inspection by ONGC. shall be made at least once in five years, so that the status of the pipeline shall be known and accordingly replacement period for the pipe shall be decided.
vii External Corrosion Protection of pipeline shall be All 4" underground pipelines are coated
provided in all underground pipelines such as with 3 Layer Poly Ethylene coating for
sacrificial anode method, impulse current method, prevention external corrosion of the
poly ethylene coating etc., to pipeline.
avoid external corrosion of pipe.
viii Mothballing of pipeline which is temporarily not Mothballing of pipeline which is
in use: As the pipelines are not piggable, just temporarily not in use is being followed as purging with nitrogen will not help removing the per the NGT recommendations. accumulated water. The water accumulated and left for longer forms dead leg and corrodes the portion of pipeline exposed. ONGC to consider flushing the pipeline with inhibited water (suitably treated or injection with inhibitors) Reclamation Measures;
ix The following management strategies may be These measures can be undertaken with the adopted as reclamation measure for improving the consent of the land owners. ONGC is soil fertility in the affected sites conducting meetings with farmers to Lesser porosity may be improved by convince them to adopt these measures. providing adequate drainage facilities, in-
situ growing and incorporation of green Inspite of ONGC has assured all possible manures crops besides adding available agricultural related support they are not organic manures in the farm. ready for the application of balanced Application of gypsum based on gypsum fertilizers which was offered to them. requirement may be followed to reduce the alkalinity. The farmers will be convinced to adopt Leaching of salts with sufficient quantity of these measures after conducting meeting with farmers along with agricultural water and providing adequate drainage department and revenuedepartment.
facilities to reduce the salinity and to increase the oxygen supply.
ONGC is collaboration with the SASTRA For reducing the acidity observed in the University, Thanjavur sponsored several lower depths of site, lime application may be farmers from ONGCs operational areas advocated to increase the pH so as to for the Training Programme on "Organic improve the nutrient availability.
Farming and use of New Technologies in For addressing reduced nutrient Farming". More farmers from operational availability and microbial load, soil test areas will be provided training.
based balanced fertilization and organic manure addition may be followed.
2. Nature of contamination and nature of extended area covered in the incident mentionedin O.A.193/2020 ONGC oil pipeline leakage was happened on 22.09.2020 at Wells KMP# 64 in the field owned by Thiru. Sivashanmugam, S/o. Dhanasekaran, in Page 52 of 76 survey No. 72/1, Erukattur Village, Koothanalur Taluk. ONGC has paid compensation of Rs 1,10,000/- for one acre of affected land. The owner informed that, he has four acres of land in which the oil leakage contained/ controlled in one acre without spreading to other areas and also informed that oil leak was arrested immediately by ONGC and also compensation was paid to him for one-acre land. He also informed that yield of crop is same in all four acres including affected farm.
However, the committee had onsite visit to the affected farm site at Thiruvarur on 26.02.2021 and carried out soil sampling to assess the contamination. The details are as follows;
Details of sampling:
About 13 soil samples were collected from the affected and non-affected fields in the site and assessed for their soil fertility. The soil texture of the affected farm site was clayey in nature and the farmer harvested the rice crop of thaladi season (Samba Rice). He has sown the field with pulse crop as rice fallow pulse. The observation on the crude oil leakage in the field showed a spread of 2 m from the point of pipeline. The crude oil pipelines were installed at a soil depth of 1.20 m from the surface. During the visit, it was noticed that the soil from the affected area was removed and refilled with the soil collected from nearby non-affected fields. Currently the farmer has no water source for irrigating the crops. The bore well he has also shallow at 30 feet depth and the canal water is also not available in this season. Totally 13 soil samples were collected including 6 samples from various soil depth of the profile dug upto 1.8 m, where the oil pipeline leak happened. Four representative surface soil samples from the affected field (affected area of 1 acre) along with one sample each from non-affected field and refilled soil samples were also collected for fertility assessment. One contaminated soil sample is also collected, which is kept stored in bioremediation area for further treatment. A Profile was opened in the affected area where the crude oil leakage occurred and six soil samples in the profile were collected from the surface upto a depth of 1.80 m, below the pipeline. The details on the soil fertility assessment made are furnished.
The soil fertility assessment of the samples revealed no much variation in the soil physical properties viz., bulk density, particle density and porosity (Table 1) in the profile as well as in the surface soil samples. The porosity at different depths of soil profile was higher than the affected area indicating better water and air movement. The soil texture was predominantly clay loam in all the profile layers and surface samples except the affected surface soil which had clayey texture.
The basic soil properties such as pH, electrical conductivity and organic carbon content in the surface samples collected from the affected area was alkaline in soil reaction (8.06 to 8.60), low in soluble salt concentration (0.37 to 0.79 dS m-1) and low to medium in organic carbon content (0.31 to 0.60%) when compared to refilled profile samples. However, the profile samples collected at varied depth showed a slightly lesser pH than the affected soils while an increase in salinity after 30 cm depth was observed (1.02 to 2.32 dS m-1). The soils were non- calcareous to slightly calcareous in nature irrespective of affected and non affected areas (Table1).
As regards the major nutrient availability, all the samples showed low Page 53 of 76 nitrogen (<280 kg ha-1), low to high phosphorus and K availability. Considerable reduction in available nitrogen (30- 40%), phosphorus (25- 60%) and potassium (15-20%) was noticed with increasing soil depth (Table 2). The refilled soil has higher major nutrient availability than the affected field soil samples. The available nitrogen and potassium decreased with the soil depth in the profile samples whereas an irregular trend was observed in phosphorus availability. No much changes in calcium and magnesium availability was noticed when compared to the samples collected from non-affected field. In contrary, sulphur availability was higher in the lower soil depth than the soil samples collected from affected and non affected fields. The micronutrient availability in all the soil samples were sufficient in Fe, Mn, Cu and B. However, the status of Zn was deficient in the soil samples collected from the affected areas, and also in the refilled soils. The surface layers (upto 60 cm) of the profile were having higher available Zn (1.34 to 2.20 mg kg-1) and Boron (2.12 to 2.58 mg kg-1). With increase in soil depth, the availability of zinc and copper decreased to a deficient level (>90 cm depth).
The heavy metal status in the soil samples collected from affected, non affected areas and the refilled samples possess trace quantity of all the metals and found below the toxicity limit. No significant variations between the affected and non-affected soil samples were observed (Table 3). The order of higher availability was Pb> Ni > Cd > Cr. The microbial load in the so il samples showed drastic reduction in the population when compared to samples collected from non-affected fields particularly with bacteria and actinomycetes. More than 60% reduction in bacteria and 40% in actinomycetes population was observed in the soil samples collected from the affected field as compared to the non- affected field.
Conclusions:
The soil fertility assessment of the samples collected from the affected and non-affected areas of the farm revealed no soil constraints. Petroleum Hydrocarbons TPH, GRO, DRO and Oil & Grease were also in below detection limit (Table 4). However, slight increase in salinity and sulphur status in the lower depth of the soil profile as compared to the surface soil level, needs to be monitored carefully to avoid soil salinization. The soil from the affected area was removed and refilled with bulk soil collected from nearby fields which has better soil properties and higher nutrient availability than the affected farm site. Hence balanced fertilization practices must be followed to get higher yield and to sustain soil health.
Table 1: Soil physical and physico chemical properties of the soil samples collected from affected field S. Physical properties Physico chemical properties No Sample details Bulk Particle Porosi Texture pH EC Org. Calcareou density(g density ty(%) (dS m- Carbon sness(%) cc-1) (g cc-1) 1) (%)
1. Non affected field soil 1.25 1.67 25.0 Clay loam 8.08 0.24 0.44 Slightly sample (as reference) calcareous Sample collected in One Acre of land where oil pipeline leak happened
2. Affected field sample 1.14 1.67 28.6 Clay loam 8.06 0.79 0.60 Non calcareous
-I
3. Affected field sample 1.18 1.54 23.5 Clay loam 8.45 0.42 0.31 Non calcareous
-
II Page 54 of 76
4. Affected field sample 1.14 1.60 28.6 Clay loam 8.60 0.37 0.38 Slightly
- calcareous III
5. Affected field sample 1.21 1.67 29.4 Clay 8.53 0.76 0.55 Non calcareous
-
IV Profile samples at different depths (Exact location where pipeline leaked happened)
6. 0-30 cm 1.18 1.82 35.3 Clay loam 7.58 0.74 0.50 Slightly calcareous
7. 30-60 cm 1.11 1.74 33.3 Clay loam 7.68 1.02 0.39 Slightly calcareous
8. 60-90 cm 1.21 1.60 29.4 Clay loam 7.84 1.07 0.28 Slightly calcareous
9. 90-120 cm 1.11 1.67 33.3 Clay loam 7.91 2.32 0.24 Slightly calcareous
10. 120-150cm 1.14 1.82 35.3 Clay loam 7.86 1.20 0.21 Slightly calcareous
11. 150-180cm 1.18 1.74 29.4 Clay loam 7.95 1.02 0.18 Slightly calcareous
12. Contaminated 1.14 1.54 25.7 Clay 7.98 0.80 0.69 Slightly removed calcareous soil (collected from bioremediation yard)
13. Refilled soil 1.21 1.60 25.0 Clay loam 7.87 0.18 0.56 Non calcareous Table 2. Nutrient availability in the soil samples collected form affected field Major Nutrient availability (kg ha- Secondary and Micronutrients S. Sample details
1) availability (mg kg-1) No Nitrogen Phosph- Potass- Calcium Magne- Sulphur Zinc Iron Manga- Copper Boro orus ium sium nese n Non affected
1. field sample 196 23.0 269 1725 708 16.3 1.13 27.6 7.75 2.23 0.70 (as reference) Sample collected in One Acre of land where oil pipeline leak happened Affected field
2. sample -I 123 16.6 240 1859 830 22.5 0.57 10.8 17.0 2.16 1.47 Affected field
3. sample -II 245 16.5 212 1355 627 25.0 0.28 10.5 7.29 1.64 1.44 Affected field
4. sample -III 182 15.0 218 1424 650 24.9 0.67 9.22 5.24 0.92 1.73 Affected field
5. sample -IV 179 9.0 264 1176 481 15.0 0.44 32.5 9.52 2.98 1.28 Profile samples at different depths (Exact location where pipeline leaked happened)
6. 0-30 cm 160 9.0 213 1401 653 17.5 2.20 12.7 11.1 2.65 2.58
7. 30-60 cm 148 16.3 202 2076 1008 25.9 1.34 6.86 7.35 1.42 2.12
8. 60-90 cm 184 9.0 237 1873 845 34.1 0.69 6.95 6.54 0.95 1.64
9. 90-120 cm 120 14.3 197 1979 890 45.1 0.40 5.82 3.93 0.81 1.98
10. 120-150cm 150 15.5 166 1835 833 48.7 0.44 5.15 3.82 0.50 1.66
11. 150-180cm 119 17.1 141 1437 663 33.6 0.71 5.12 3.58 0.42 0.98 Contaminated removed soil
12. (collected from 213 9.0 231 1964 883 26.5 1.59 31.2 16.2 2.61 1.98 bioremediation yard)
13. Refilled soil 196 11.0 261 1096 463 25.2 0.59 13.6 9.85 1.78 2.08 Table 3. Microbial load and heavy metal availability in the soil samples collected form affected field Microbial load Heavy metal availability (mg kg-1) Page 55 of 76 S. Sample details Bacteria Fungi Actinomyce No (x 106 (x 104 tes(x 102 Cadmium Lead Chromium Nickel CFU g-1) CFU g-1) CFU g-
1)
1. Non affected field sample (as reference) 28.0 12.0 12.0 0.28 2.75 0.10 0.82 Sample collected in One Acre of land where oil pipeline leak happened
2. Affected field sample -I 11.0 26.0 10.0 0.31 2.85 0.07 1.01
3. Affected field sample -II 13.0 7.0 9.0 0.23 2.52 0.10 0.67
4. Affected field sample -III 18.0 11.0 12.0 0.30 2.06 0.09 0.71
5. Affected field sample -IV 19.0 9.0 4.0 0.29 2.51 0.08 0.70 Profile samples at different depths (Exact location where pipeline leaked happened)
6. 0-30 cm 24.0 12.0 7.0 0.29 2.42 0.09 0.70
7. 30-60 cm 12.0 7.0 6.0 0.21 2.04 0.06 0.24
8. 60-90 cm 9.0 6.0 10.0 0.19 2.55 0.08 0.68
9. 90-120 cm 18.0 7.0 9.0 0.14 2.68 0.07 0.91 1 120-150cm 20.0 5.0 6.0 0.08 2.76 0.08 0.27
0. 1 150-180cm 36.0 8.0 9.0 0.25 3.04 0.09 0.30
1. 1 Contaminated removed soil
2. (collected from 35.0 9.0 4.0 0.33 3.35 0.09 1.20 bioremediation yard) 1 Refilled soil 18.0 19.0 6.0 0.19 2.09 0.03 1.00
3. Table 4. Petroleum Hydrocarbons Sample details Parameters Concentration (mg/kg) Affected field sample -I, TPH, GRO, DRO and Oil & Grease BLQ(LOQ:0.1) II, III & IV Profile samples at different depths 0-30 cm, 60-90 cm, 120-150cm & 150-180 cm Recommendations:
The soil samples collected from the affected area had a constraint of salinity and reduced microbial population. Hence, the following management strategies are suggested:
Leaching of salts with sufficient quantity of water and providing adequate drainage facilities may reduce the salinisation and sulphur content. Soil test based balanced fertilization practices through integrated nutrient management may be followed to sustain the soil fertility, to improve the microbial population and crop yield in the affected areas. Since the crude oil leaked soil was completely removed and refilled with the fresh soil, no much constraint in the field was observed. However, the poor fertility of the refilled soil particularly in Zn availability needs to be managed to achieve higher yields.
ONGC shall bear the cost of disbursement of the micro nutrients to the affected farmers for three consecutive years, in order to replenish the Zn deficiency in the refilled soil, for achieving good yield.
If ONGC adopt & properly implement the preventive measures for non- recurrence as suggested in the report and the notification Petroleum and Natural Page 56 of 76 Gas Regulatory Board (Technical Standards and Specifications including Safety Standards for Petroleum and Petroleum Products Pipelines) Regulations, 2016, such oil leak incidents shall be avoided in future."
28. Thereafter, this Tribunal had passed the following order:-
"4. It is seen from the report that the farmers will have to be educated to shift to usage of eco-friendly fertilizers, so as to reduce the salinity and sulphur found in the soil. That cannot independently done by the Oil and Natural Gas Corporation (ONGC) alone and they will have to coordinate with the farmers of the land through which the pipelines are being drawn where the possibility of recurrence of such incident recur.
5. It was mentioned in the compliance report that Oil and Natural Gas Corporation (ONGC) in collaboration with the SASTRA University, Thanjavur is trying to have a Training Programme on "Organic Farming and use of New Technologies in Farming". It was understood that SASTRA University is not having any experts in agricultural science. The Oil and Natural Gas Corporation (ONGC) can consider the question as to whether they can arrange such awareness programme involving in Tamil Nadu Agricultural University and also with the Agriculture Department in that area. When this was pointed out, the learned counsel appearing for the Oil and Natural Gas Corporation (ONGC) submitted that they will consider these aspects as well.
6. The learned counsel appearing for Oil and Natural Gas Corporation (ONGC) submitted that they want for some time for filing their objections and also submit their compliance report, if any, on the basis of the recommendations made by the joint committee.
7. Considering the circumstances, we feel that some more time can be granted to the Oil and Natural Gas Corporation (ONGC) to submit their report, objections if any, and hearing the matter on the same day.
8. Oil and Natural Gas Corporation (ONGC) are directed to submit the report and get ready with the matter on 09.07.2021."
29. Respondents No.8 & 9/ONGC have filed the report dated 14.07.2021, e-
filed on the same date in respect of compliance of the directions given by this Tribunal as per order dated 17.06.2021 which reads as follows:-
"Reference Original Application No.66 of 2020 (SZ) with Original Application No.193 of 2020 (SZ), National Green Tribunal, Southern Zone, Chennai.
Sub: Compliance to Recommendations of NGT, South Zone, Chennai - Hearing held on 17.06.2021 - Regarding.Page 57 of 76
The soil samples collected from the affected area had a constraint of salinity and reduced microbial population. Hence, the following management strategies are suggested:-
Sl. Recommendations Compliance
No.
1. Leaching of salts with To implement these suggestions farmers need
sufficient quantity of water to be educated and taken into confidence.
and providing adequate ONGC is taking support of the local
draining facilities may agricultural department to educate the farmers
reduce salinization and of the land through which the pipelines have
sulphur content. been laid.
2. Soil test based balanced
fertilization practices Meeting we held by ONGC officials with the
through integrated nutrient Programme Coordinator, ICAR-KrishiVigyan
management may be followed Kendra, Needamangalam, Pin 614 404,
to sustain the soil fertility, to 01.07.2021 A for conducting the awareness
improve the microbial programmes to the farmers in the ONGC
population and crop yield in operational areas, Thiruvarur District as per
the affected areas. the directions of the National Green Tribunal,
3. Since the crude oil leaked soil South Zone, Chennai.
was completely removed and
refilled completely with fresh Subsequently, a communication has been sent
soil no much constraint in o ICAR-KrishiVigyan Kendra,
the field was observed. Needamangalam (copy enclosed) and ONGC
However, the poor fertility of will implement the recommendations based on
the refilled soil particularly suggestions by agriculture officials and ICAR-
in Zn availability needs to be KrishiVigyan Kendra, Needamangalam in
managed to achieve higher consultation with the farmers.
yields.
Training programme to the farmers have been
delayed due to Covid lockdown situation and
will be held soon as the Covid related
restrictions have been lifted by the State Govt.
4. ONGC shall bear the cost of ONGC will bear the cost of disbursement of disbursement of micro micro nutrients to the affected farmers for nutrients to the affected three consecutive years to replenish the Zn farmers for three consecutive fertility in the refilled soil."
years in order to replenish the Zn fertility in the refilled soil for achieving good yield.
30. Respondents No.8 & 9/ONGC have also filed their reply dated 09.12.2021 to the Joint Committee report filed on behalf of the Central Pollution Control Board (CPCB) which reads as follows:-
Page 58 of 76―REPLY BY ONGC TO THE JOINT COMMITTEE REPORT FILED ON BEHALF OF THE CENTRAL POLLUTION CONTROL BOARD (CPCB) The Respondent, ONGC respectfully states as follows:
1. The Joint Committee Report filed on behalf of the Central Pollution Control Board (CPCB) has been submitted to this Hon'ble Tribunal on 28.05.2021 as per the order dated 11.01.2021 &02.03.2021 in the present Original Applications. The Report covers the action taken by ONGC on the basis of Committee's suggestions, Nature of contamination and nature of extended area covered in the incident mentioned in 0.A No. 193/2020 and the Recommendations.
ABOUT RESPONDENT- ONGC:
2. Maharatna ONGC is the largest crude oil and natural gas Company in India, contributing around 71 per cent to Indian domestic production. Crude oil is the raw material used by downstream companies like IOC, BPCL, HPCL and MRPL (Last two are subsidiaries of ONGC) to produce petroleum products like Petrol, Diesel, Kerosene, Naphtha, and Cooking Gas LPG. ONGC has a unique distinction of being a company with in-house service capabilities in all areas of Exploration and Production of oil & gas and related oil-field services.
Being the Winner of the Best Employer award, the Respondent has a dedicated team of around 28,500 professionals who toil round the clock in challenging locations.
3. ONGC is a Central Public Sector Undertaking (PSU) Company incorporated under the Companies Act, 1956 and is having its Corporate Registered Office at DeenDayalUrjaBhawan, No.05, Nelson Mandela Marg, VasantKunj, New Delhi- 110070. This public sector enterprise operates with 14 seismic crews, manages 262 onshore production installations, 268 offshore installations, 69 drilling (plus 37 hired) and 54 work-over rigs (plus 25 hired), owns and operates more than 25,500 kilometers of pipeline in India, including 4,500 kilometers of sub-sea pipelines. ONGC has adopted Best-in-class business practices for modernization, expansion and integration of all Infocom systems.
4. The Government of India (Gol) holds 60.41% stake in ONGC as on 31 December 2020. ONGC is the largest natural gas company ranking 11th among global energy majors. It is the only public sector Indian company to feature in Fortune's Most Admired Energy Companies' list. ONGC ranks 18th in Oil and Gas operations' and 220 overall in Forbes Global 2000. ONGC's wholly owned subsidiary and overseas arm ONGC Videsh is India's largest international oil and gas E&P Company with 39 projects in 18 countries.
PARAWISE REPLY TO THE JOINT COMMITTEE REPORT:
5. The action taken by ONGC on the basis of the Joint Committee's suggestions in OA. No. 66/2020 were listed in the Joint Committee's Report; Remarks to the same are given as follows:
Page 59 of 76 Page 60 of 76 Page 61 of 76 Page 62 of 76 Page 63 of 76 Page 64 of 766. In the Joint Committee has reported at Para no 3 at page 5, the facts related to the nature of contamination and the nature of extended area covered in the incident mentioned in 0.A No. 193/2020. It is pertinent to note that it was reported that ONGC has paid compensation of Rs. 1,10,000/- for one acre of affected land and the owner has informed that the owner has four acres of land in which the oil leakage was contained/ controlled in one acre without spreading to other areas; and it was informed that oil leak was arrested immediately by ONGC; and that the yield of crop is same in all four acres including affected farm. 25.04.2018 Order issued by the District Revenue Officer, Thiruvarur fixing compensation of Rs.1,10,000/- per acre/per annum for the land owners. The Acknowledgement letter for receipt of compensation by the land owner Mr. S. Dhanasekaran dated 28.10.2020 has been filed as Annexure-5.
7. The Committee has further reported at Para no 3 at page 5 about the soil sampling conducted by the Committee to assess the contamination. It was reported by the Committee that the soil from the affected area was removed and refilled with the soil collected from nearby non-affected fields. The Joint Committee has reported at Para no 3 at page 7 as follows: "The soil fertility assessment of the samples revealed no much variation in the soil physical properties viz., bulk density, particle density and porosity in the profile as well as in the surface soil samples. The porosity at different depths of soil profile was higher than the affected area indicating better water and air movement."
8. The soil test results on the availability of various other nutrients was discussed at pages 7 & 8 of the Committee's Report and tabulated. It is pertinent to note that ONGC took steps to collect soil samples from Mr. Dhanasekaran's land (OA 193/2020) and was tested by Soil Testing Laboratory, Tamilnadu Agriculture Department. The Receipt issued by the Tamilnadu Agricultural University towards conducting Soil test dated 07.11.2020 is filed as Annexure-1 and the communication from ONGC to the Tamilnadu Agricultural University dated 09.11.2020 is filed as Annexure-2. The Soil Analytical Report dated 09.12.2020 has been filed as Annexure-3. As per the Soil Analytical Report dated 09.12.2020, the soil quality was suggested to be fit for agriculture.
Page 65 of 769. At page 7 of the Committee's report, it was concluded that "The soil fertility assessment of the samples collected from the affected and non affected areas of the farm revealed no soil constraints. Petroleum Hydrocarbons TPH, GRO, DRO and Oil & Grease were also in below detection limit." This indicates that the traces of leaked oil were completely removed from the contaminated site.
10. The Committee also stated that slight increase in salinity and sulphur status in the lower depth of the soil profile as compared to the surface soil level, needs to be monitored carefully to avoid soil salinization. Further, it was concluded by the Joint Committee at its report at page 8 that the soil from the affected area was removed and refilled with bulk soil collected from nearby fields which has better soil properties and higher nutrient availability than the affected farm site and that balanced fertilization practices must be followed to get higher yield and to sustain soil health. This monitoring can be made possible only with the consent of farmers through their awareness on how to increase the soil fertility. ONGC has already started conducting meetings with farmers to convince them to adopt proper measures to increase soil fertility. The Hon'ble NGT has also acknowledged in its proceedings dated 17.06.2021 that ONGC cannot alone educate the farmers on usage of eco-friendly fertilizers.
11. The Hon'ble NGT also suggested that the ONGC can consider arranging awareness programmes involving Tamil Nadu Agricultural University and the Agricultural Department in that area. In adherence to the same, ONGC has sought for the permission and collaboration of the Indian Council for Agricultural Research (ICAR)-KrishiVigyan Kendra- Needamangalam to conduct Awareness Programmes to the farmers in the ONGC operational area of Thiruvarur District. The letter communication from ONGC to the Office of (ICAR)-KrishiVigyan Kendra- Needamangalam is filed as Annexure- 4. Accordingly, ONGC sought for jointly conducting the awareness programmes for the farmers who are having their agricultural lands in the vicinity of ONGC's operational areas in relation to the following subjects:
1. Usage of ecofriendly fertilizers so as to reduce the Salinity and Sulphur content of the soil.
2. Improving of lesser porosity by providing adequate drainage facilities. In-situ growing and incorporation of green manures crops besides adding available organic manures in the farm.
3. Application of gypsum based on gypsum requirement to reduce the alkalinity.Page 66 of 76
4. Managing of Poor fertility of the refilled soil particularly in Zn availability and the ways to achieve higher yields.
5. Leaching of salts with sufficient quantity of water and providing adequate drainage facilities to reduce the salinity and to increase the oxygen supply.
6. Reducing the acidity observed in the lower depths of site, by lime application to increase the pH so as to improve the nutrient availability.
Thus, ONGC has taken all the necessary steps to implement the reclamation measures suggested by the Joint Committee for improving the soil fertility in the affected sites.
REPLY TO THE RECOMMENDATIONS GIVEN BY THE JOINT COMMITTEE
12. The Joint Committee has given its recommendations at page 12 of its report that the soil samples collected from the affected area had a constraint of salinity and reduced microbial population and suggested certain management strategies. The compliance of ONGC to the management strategies is given below:
Page 67 of 76 Page 68 of 7613. Hence it is clear that the observations of the Committee referred to above show that concerns have been addressed and the recommendations of the Committee have also been complied with. It is submitted that ONGC is operating in the said region for more than three decades and the public are well aware of the consequences of the leakage and they would immediately inform the ONGC crew working round the clock throughout the year. The Respondent is following best practices to ensure safety while sub-serving public interest, particularly in ensuring that a precious resource like natural gas benefits the national economy and the people at large. The Respondent ONGC is also adopting and properly implementing the preventive measures for non-recurrence of pipeline leakages as suggested in the report and in the Notification (Technical Standards and Specifications including Safety Standards for Petroleum and Petroleum Products Pipelines) Regulations, 2016, so as to avoid such oil leak incidents in the future.
It is therefore prayed before this Hon'ble Tribunal to close the Original Applications by accepting the reply of Respondent ONGC and thus render justice."
31. The ONGC also filed their written submissions wherein, they have stated that there were certain incidents occurred which was the subject matter in O.A. No.66/2020 and O.A. No.193/2020 and they were not intentional incident, but occurred as an accidental incident due to some leak occurred.
But the same has been arrested to avoid further damage being caused to the soil and environment. The reports will go to show that no serious Page 69 of 76 damage has been caused, due to the timely intervention and they are prepared to comply with the recommendations made by the Joint Committee as well. They also paid compensation to the owners of the land which were affected on account of the accidental leak of oil in their property.
32. Heard the counsel for the State Departments, Tamil Nadu Pollution Control Board and also the counsel for the ONGC and considered the reports and submissions made by the counsel for both the parties.
33. The points that arise for consideration are:-
i. Whether on account of the incidents of oil leak from the pipeline of ONGC has resulted in any environmental damage.
ii. What is the nature of liability to be fixed on ONGC in this regard?
iii. What is the nature of directions to be given applying the "Precautionary Principle" to avoid such things happening in future?
iv. Relief and costs.
Points:-
34. It is an admitted fact that on three occasions, oil leakage had occurred in the pipeline drawn by the ONGC through the agricultural lands of certain persons. Two such incidents were subject matter of O.A. No.66/2020 (SZ) and one such incident is the subject matter of O.A. No.193/2020 (SZ). The fact that the incident occurred due to oil leakage in pipe at KMP#46&48 on 06.04.2019 and KMP - 8 & KMP - 44 on 28.04.2020 and at KMP#58 &63 on 22.09.2020 and certain portion of the soil of the agricultural lands Page 70 of 76 belonging to four persons was damaged on account of the same is not in dispute.
35. It is also an admitted fact that immediately after the incident; the officials of the ONGC rushed the spot and arrested the leak which prevented the further damage to the soil. Further, it is also an admitted fact that as directed by the District Collector and the Tamil Nadu Pollution Control Board, the ONGC has taken the remedial measure of removing the affected soil and also refilled the same with fresh soil to save the property affected from further deterioration. It is also an admitted fact that as directed by the District Collector, considering the nature of damage caused to the soil and crops, the ONGC has paid compensation to the owners of the property which was explained in the report submitted by the Joint Committee and also the report submitted by the District Collector which were extracted above.
36. So, it is clear that the incident occurred on account of the latches on the part of the ONGC in maintaining the pipes and in such cases, for fixing the liability, strict liability principle has to be applied and on that basis, they were directed to pay compensation to the owner of the properties which were affected on account of the leakage of oil and spreading into the property and they also taken remedial measures to restore the property to its original position.
37. Considering the above circumstances, we feel that there is no necessity for any further compensation or direction for remediation has to be provided.
But at the same time, the Joint Committee has made some recommendations which the ONGC has to comply with.
Page 71 of 7638. The ONGC has submitted the report of compliance and also undertaking to help the farmers by providing necessary awareness to make cultivation in the property which is conducive for proper cultivation, as suggested by the Tamil Nadu Agricultural University and recommended by the Joint Committee.
39. So under such circumstances, we feel that both these applications can be disposed of by giving following directions:-
a. The Oil and Natural Gas Corporation (ONGC) Limited is directed to maintain the pipelines as directed by the Joint Committee in their recommendations and carry out the recommendations made by the Joint Committee, so as to avoid future incidents.
b. The Oil and Natural Gas Corporation (ONGC) Limited is also directed to carry out the recommendations to educate the farmers and also provide necessary assistance as directed by the Tamil Nadu Agricultural University and recommended by the Joint Committee, so as to help the farmers through whose agricultural lands such pipes are being drawn and they are being affected by such incidents.
c. Since the Oil and Natural Gas Corporation (ONGC) Limited has paid compensation as fixed by the District Collector to the affectedland owners and remedial measures were also undertaken by them, we feel that there is no necessity to issue further directions in this regard, except directing the ONGC to carry out the recommendations made by the Joint Committee in its letter and spirit.
d. Since such incidents are recurring and damage is being caused to the agricultural lands, it is always advisable for the Ministry of Page 72 of 76 Environment, Forests & Climate Change (MoEF&CC) to bring such activities of drawing pipeline also under the regime of Environmental Clearance (EC), so that necessary impact assessment studies can be conducted and necessary conditions can be imposed applying the "Precautionary Principle" along with "Principle of Sustainable Development", so that there will be some monitoring mechanism available for such activities through the regulators.
e. If such activity is not coming within the consent mechanism, the Central Pollution Control Board (CPCB)/State Pollution Control Board (SPCB)are directed to take steps to bring such activities also under the consent mechanism, so that the State Pollution Control Boards will have some monitoring mechanism and to take appropriate action against such type of units, if any violation has been committed by them, in accordance with law.
f. The Oil and Natural Gas Corporation (ONGC) Limited is directed to take all precautionary methods in maintaining the pipelines to avoid such incidents happening in future as recommended by the Joint Committee.
40. The points are answered accordingly.
41. In the result, both these original applications are disposed of as follows:-
i. The Oil and Natural Gas Corporation (ONGC) Limited is directed to maintain the pipelines as directed by the Joint Committee in their recommendations and carry out the recommendations made by the Joint Committee, so as to avoid future incidents.Page 73 of 76
ii. The Oil and Natural Gas Corporation (ONGC) Limited is also directed to carry out the recommendations to educate the farmers and also provide necessary assistance as directed by the Tamil Nadu Agricultural University and recommended by the Joint Committee, so as to help the farmers through whose agricultural lands such pipes are being drawn and they are being affected by such incidents.
iii. Since the Oil and Natural Gas Corporation (ONGC) Limited has paid compensation as fixed by the District Collector to the affected land owners and remedial measures were also undertaken by them, we feel that there is no necessity to issue further directions in this regard, except directing the ONGC to carry out the recommendations made by the Joint Committee in its letter and spirit.
iv. Since such incidents are recurring and damage is being caused to the agricultural lands, it is always advisable for the Ministry of Environment, Forests & Climate Change (MoEF&CC) to bring such activities of drawing pipeline also under the regime of Environmental Clearance (EC), so that necessary impact assessment studies can be conducted and necessary conditions can be imposed applying the "Precautionary Principle" along with "Principle of Sustainable Development", so that there will be some Page 74 of 76 monitoring mechanism available for such activities through the regulators.
v. If such activity is not coming within the consent mechanism, the Central Pollution Control Board (CPCB)/State Pollution Control Board (SPCB) are directed to take steps to bring such activities also under the consent mechanism, so that the State Pollution Control Boards will have some monitoring mechanism and to take appropriate action against such type of units, if any violation has been committed by them, in accordance with law.
vi. The Oil and Natural Gas Corporation (ONGC) Limited is directed to take all precautionary methods in maintaining the pipelines to avoid such incidents happening in future as recommended by the Joint Committee.
vii. The Registry is directed to communicate this order to the Ministry of Environment, Forests & Climate Change (MoEF&CC), New Delhi, Central Pollution Control Board (CPCB) and Chairman, State Pollution Control Board / Pollution Control Committee (PCC) for their information and compliance of the direction.
Page 75 of 7642. With the above observations and directions, both these original applications are disposed of.
Sd/-
........................................J.M. (Justice K. Ramakrishnan) Sd/-
....................................E.M. (Shri. Saibal Dasgupta) O.A. No.66/2020 (SZ) O.A. No.193/2020 (SZ) 23rd December, 2021. Mn.
Page 76 of 76