National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 30 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.13:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 70of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in Dinamalar Newspaper
Chennai dated 05.02.2021,
"Sewage water flows in Tirukazhukundram:
Underground sewerage is needed"
...Applicant(s)
Versus
The Principal Secretary to Government,
Public Works Department,
Chennai and others.
...Respondent(s)
Date of hearing: 30.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. C. Harsharaj through Mr. Arun for
R1 to R4, R6, R8 and R9.
Mr. C. Kasirajan through Ms. Ashwini for R5.
Mr. K. Arokiyaraj for R7
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Mr. P. Srinivas for R8.
ORDER
1. As per order dated 17.02.2021, this Tribunal had Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar Newspaper, Chennai, Edition dated 05.02.2021, under the caption (jpUf;fOf;Fd;wj;jpy; ghAk; fopT ePu; ghjhs rhf;fil mtrpak;) "Sewage water flows in Tirukazhukundram: Underground sewerage is needed".
2. This Tribunal had admitted the matter and appointed a Joint Committee to go into the question and submit a report. The matter was adjourned from time to time and later it was taken up on 08.06.2021 and considered the Joint Committee report signed by one of the member on 05.04.2021, wherein they have only given present status in that place and also options for treatment and also the benefit of establishing fecal sludge treatment plant and they have also given certain timelines within which these things can be done, with a rider that they will carried out after sanction of required funds by the Government. In the conclusion, they have mentioned as follows:
14. CONCLUSION:
It is humbly submitted that the direction of the Hon'ble National Green Tribunal will he scrupulously complied with and the short term measures and long term measures proposed in respect of Sewage Management / Liquid Waste Management and Implementation of Solid waste Management Page 2 of 9 rules 2016 are as follows:
I. Sewage Management / Liquid / Waste water Management A. SHORT TERM MEASURES:
1. In respect of Sewage Management, it is proposed to construct Fecal Sludge Treatment Plant (FSTP) of 25 KLO capacities. Required funds will be availed 5rom Government Schemes such as IUDM, CGF, etc., in the year 2021-22. Action will be initiated immediately after the General Election 2021 is over and the tentative completion date is 31.03.2022.
2. In respect of Liquid Waste Management, the drainage system will be maintained to ensure the grey water from all Households are reached the 4 locations and on-site treatment facilities will be constructed in each place to process the accumulations. The estimates are under preparation and the tentative cost is Rs 56.00 Lakhs. Action will be initiated immediate after the State Assembly Elections 2021 are over. Tentative Completion date is 30.11.2021.
3. Appropariate platforms to drain the waste water without stagnation at the sites of protected drinking water facilities and taps.
4. In respect of Solid waste Management, no short term measure is required, except engaging adequate personnel through SHG/NGOs and Commission of incinerators. In order to achieve 100% in all SWN activities, appropriate measures will be taken immediately after the General Election 2021 are over.
B. LONG TERM MEASURES
1. In respect of Sewage Management and Liquid Waste Management, Under Ground sewage Scheme will be formulated and implemented, based on the growth of tl1e town, needs, viability and affordability. Required funds will he obtained from Government Schemes.
2. In respect of Solid Waste Management, all required infrastructures facilities will be addressed immediately.
i) With the help of outsourced staffs, Door to Door collection and segregation at source will be improved and 100% will be achieved before 31.07.2021.
ii) Continuous IEC activities to sensitize the sanitary workers, waste Management Staffs and various sections of public and traders.
iii) Periodical interactions with Trade Associations Civil Societies and commercial establishment, to enhance their participations and contributions to improve the SWM.
iv) Purchase of Additional Vehicles Tata Ace-2 and Battery operated Vehicles-7 for increasing the collection efficiency.
v) Extension of window platform with covered roof for windrow composting.
vi) Improvements to the existing Vermi Compost shed.
vii) Purchase of Bio Degradable waste shredder and plasticwaste shredders.Page 3 of 9
viii) Installation of Dry waste Incinerator of 5 TPD Capacity to incinerate and dispose non recyclable / Non- reusable dry waste and non- reusable plastic waste (onetime use and throw away Plastics)
ix) Construction of manure shed, internal roads and open area lighting.
x) Planting trees along the boundary to provide green cover.
xi) The existing dumping legacy waste will be disposed through Bio- mining process before 30.11.2021 Signature of Committee Members
3. We have directed the Town Panchayat to come with a detailed action plan as to how they are going to remedy the situation. It is also mentioned in the earlier order that they have not mentioned anything about the redressal made to the complaint made in the newspaper report. So, we directed the 9th respondent as well as District Collector to come with detailed reports apart from directing the Pollution Control Board to file their report as well. The case was posted to today for that purpose.
4. When the matter came up for hearing today Mr. C. Harsharaj through Mr. Arun represented respondents 1 to 4, 6, 8 and 9, Mr. C. Kasirajan through Ms. Ashwini represented 5th respondent and Mr. K. Arokiyaraj represented 7th respondent.
5. The 7th respondent has filed an affidavit dated 26.06.2021 e-filed on 25.06.2021 and received on the same date which reads as follows:...
AFFIDAVIT FILED ON BEHALF OF THE 7TH RESPONDENT.
I B.Manivannan Son of Mr. T.C.Balasundaram, Hindu Aged about 58 years working as Executive Engineer, TWAD Board, RWS Division, Chengalpattu do hereby solemnly affirm and state as follows.
1. I submit that I am one of the committee member constituted by this Page 4 of 9 Honorable Tribunal in this case. We the Committee members had inspected the Thirukazhukundram Town Panchayat on 01.04.2021 and discussed the issues of sewage disposal and submitted a report on 06.04.2021 before this Honorable Tribunal.
2. I submit that Thirukazhukundram Town Panchayat is a Traditional and Pilgrim centre and is a special Grade Town Panchayat. The area of the Town Panchayat extent over 11.20 sq.km with a population of 29319 as per 2011 census and the present population is estimated around 32000.
3. I submit that Thirukazhukundram Town Panchayat consists of 18 wards with 7958 Households and 767 commercial establishments including 21 marriage halls. The Town Panchayat having 264 streets covering 60.821 Km length and Storm water drains were provided to a length of 36.85 km in 183 streets.
4. I submit that in connection with water supply the same is being provided through three sources. Though the water supply schemes are executed by TWAD Board, the schemes were handed over to Town Panchayat after execution and being maintained by the Thirukazhukundram Town Panchayat. The present water supply level to Town Panchayat is at the rate of 70 lit per Head per day.
5. I submit that with regard to sanitation in the Town Panchayat, the total number of Households 7958. Among the total 7985 households, 7681 households are having separate toilet facility with septic tank. The balance 276 households are utilizing the community toilets being maintained by Town Panchayat.
6. I submit that for the treatment of sludge of septic tanks, the treatment to be followed in two methods. (a) The town has to be provided with Under Ground Sewerage scheme or (b) Septage Management (Faecal sludge Management) . The first system of providing Under Ground Sewerage schemes in small town is difficult due to financial constraints, laying of sewer line according to the gradient in unorganized layouts developed over the decades and recurring cost in operation and Maintenance will be high.
7. I submit that considering the above constraints in Under Ground Sewerage Schemes, the second ,alternative method of providing Septage Management will be effective and the same quality of standards will be maintained with limited financial commitment and easy execution.
8. I submit that as for as Thirukahzkundram Town Panchayat is concerned the population is about only 32,000 and the decadal growth is only 4000. To implement Faecal Sludge Management the onsite sanitation infrastructures are presently available at the Households with septic tanks. The sludge filled over an interval in the septic tank has to be desludged periodically. The desludging process will be carried out using vehicles owned by private operators or by the Town Panchayat.
9. I submit that when the untreated collected sludge disposed in to surface would pose a threat of pollution. When the same is properly managed through Faecal Sludge Management the same can be used as a manure for agriculture purpose. This system has already adopted in Karunkuzhi Town Panchayat and being successfully maintained by the Town Panchayat. Faecal Sludge Treatment Plant has also been commissioned in the Municipalities viz Kangaeyam, Dharapuram, Kovilpatti and in Page 5 of 9 Idappadi.
10. I submit that the Thirukazhukundram Town Panchayat had already proposed FSTP (Faecal sludge Management) for a population strength of 35000 to treat 25 KLD. Fund for construction of FSTP has to be obtained from Government. The Town Panchayat is having a land to the extent of 8.89 acres for solid waste management and the proposed FSTP can also be constructed in the above extent land.
11. I submit that the main constraint is letting out the Grey water from the Households in to the open drains and disposing it to the four water bodies. The approximate quantity of Grey water generated from households is about 4.16 lakhs litres per day. The Town Panchayat has proposed to construct on site Waste water treatment facility separately for the four locations which will treat the Grey water to the TNPCB standards before letting in to the water bodies.
12. I submit that the above systems are proposed by the Thirukazhukundram Town Panchayat. On getting the sanction and receipt of necessary funds the same will be executed by the Town Panchayat. On speedy completion of Faecal Sludge Treatment Plant and on site Waste Water Treatment for Grey water by the Town Panchayat, the Town Panchayat will become Sewage Pollution free.
Executive Engineer/TWAD Board R.W.S. Division Melamaiyur
6. It is seen from the report that the Tirukazhukundram Town Panchayat had prepared certain DPR for the purpose of construction of fecal sludge treatment plant and they have also proposed to construct waste water treatment facility to remedy the grey water generated in that area and they have also mentioned that it is for the Tirukazhukundram Town Panchayat to take steps and there Department is not responsible for the same. But neither the District Collector nor the 9th respondent and Pollution Control Board had filed the report as directed by this Tribunal. When this was pointed out, the Learned Counsel appearing for those respondents submitted that if some time is granted, they may be able to file the reports.
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7. The Tirukazhukundram Town Panchayat is the authority which has to take steps to resolve the issue permanently. It is for them to file the detailed status report as to what are the steps taken by them to remedy the situation and stage of steps that has been taken by them as well.
8. Further, though the Director of Town Panchayat is also a party to the proceedings, impleaded as 6th respondent, they have also not filed any separate statement as to how as a supervisory body they propose to take action in respect of these aspects, when inefficiencies or gaps are found in the implementation of the Solid Waste Management Rules, 2016. If there is any proposal submitted by the Tirukazhukundram Town Panchayat to the Director for seeking for any fund allotment or approval, then it for them to take appropriate steps to get the funds allotted or if any proposal has been placed before the Government for this purpose it is for the 4th respondent, namely, Additional Chief Secretary, Government of Tamil Nadu, Municipal Administration and Waster Supply Department to look into the issue and resolve the same without delay. These matters are likely to affect the health of the people in general, if it is allowed to continue for a longer period.
9. So under such circumstances, we direct the respondents 5, 8 and 9 to submit their independent response regarding this aspect. So that this Tribunal can consider those aspects and pass appropriate directions in this regard.
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10. The Additional Chief Secretary to Government, Municipal Administration and Water Supply is directed to examine the issue of fecal sludge management in urban local bodies in a holistic manner by convening a meeting with the Director of Municipal Administration and Director of Town Panchayat to explore the possibility of management of fecal sludge in urban local bodies by establishing Common Fecal Sludge Treatment Plants (CFSTPs) or Common Sewage Treatment plant (CSTPs) for catering to the needs of Corporations/Municipalities and Town Panchayats which are in close proximity, so that the sewage generated can be treated on a sustainable and cost effective manner. Through Cluster Management sufficient raw material can be provided to the treatment plants already created in some Corporations/Municipalities with huge capacities. Common FSTP/STP facilities can cater to the needs of those Panchayats, which do not have adequate funds to establish their own plants. Operation and maintenance can also be cost effective. The Additional Chief Secretary to Government, Municipal Administration & Water Supply is directed to consider these aspects and submit a comprehensive report to the Tribunal.
11.The Director, Town Panchayats as well as the Additional Chief Secretary for Municipal Administration are also directed to submit a report as to whether there has been proposal pending in this regard, submitted on behalf of Tirukazhukundram Town Panchayat, if so, what is its stage. Page 8 of 9 They are directed to submit the above said reports to this Tribunal on or before 02.08.2021 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 above official along with newspaper report and also the earlier orders for their information and compliance of the directions issued by this Tribunal.
13.For Consideration of further reports, post on 02.08.2021.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Dr. K. Satyagopal) O.A. No.70/2021, 30th June, 2021. AM.
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