National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of ... on 8 November, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No. 03 & 04:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 99 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion Suo Mott
News item published in The Times of wspaper,
Chennai Edition Dt.05.04.2021, Undeg
Tribunal on its own-Re@is TU Based | er
el of metals,
PM 2.5 found in city's air you're breathing." ...Applicant(s)
Versus
The Chief Secretary to Govt. of Tamil Nadu,
Government Secretariat, Fort, St. George,
Chennai -- 600 009.
Date of hearing: 08.11.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
O.A. No. 99 of 2021 (SZ)
For Applicant(s): Suo Motu
For Respondent(s): Dr. D. Shan an for Rl to R4 & R6
For Applicaat(s} For Responde Dr. D."Shanmuganathan for'R1 to R3 Mr. S. Sai Sathya Jith for RS Mrs. Revathi\ anivélinan for R4 ( dey SWhis Tribunal on "Chennai, you are breathing micro plastic". After considering the report and also considering the various notification issued in this regard and the relevant rules of Plastic Waste Management Rules, 2016. This Tribunal had directed the Central Pollution Control Board 2 (CPCB), the State Pollution Control Board (SPCB) and the Greater Chennai Corporation (GCC) to file their independent statements regarding this aspect. The case was originally posted to 28.05.2021 for that purpose. On 28.05.2021, this Tribunal granted further time and posted the case to 16.06.2021 for that purpose. On 16.06.2021, since we are not satisfied. sport submitted by the Central Pollution Control Board we have appointed a Joint Committee to go in to the d submit a report regarding re-
fixatio Lf "National Ambiei AAQS) and Ww : Sie matte | bas been ] ote: was "7 of 2021 (SZ) and 99 of 2021 (SZ) to look into the issue as well and submit a report and posted this case also to be taken up along with O.A. No. 99 of 2021 (SZ) and the cases are being adjourned together by notification as mentioned above.
3. In O.A. No. 99 of 2021 (SZ), the Tamil Nadu Pollution Control Board (TNPCB) had filed a report dated 26.08.2021, e-filed and received on the same date which reads as follows:-
AFFIDAVIT PILED SY THE NODAL OFFICER OF THE JOINT COMMITTEE - TANUL NADU POLLUTION CONTROL BOARD.
i, Vithiagarsian, seri of H. Vaitheeswaran, Hindu, aged about S€ years, having my office at No.76, Mount Salai, Guindy, Chennai - 32, do hereby solemnly affirm and sincerely slate as follows:
4, bam the Deputy Direcior (Lab), Tamil Nadu Pollution Control Board, and | am fling this affidavit on behalf of the Nodal Agency namely, TNPC Board as such | am well scquainied with the facts and circumstances of the case from the records avaliable and lam competent fo swear this aiftiavit.
2. fis respectiully submiisd thal, ihe ron'ble Nallonal Green THbunal, Southern Bench, Cheanal hag passed order dated 16.04.2024 among other things ner alla as follows:
MaraiG: The Tami Nadu Pollution Control Board (TNPCE! is dinofed fo submi @ sgport regarding the allegations meds in ihe newspaper report and is iipaet on environmenl, whal are all the requiatery mechanism provided by the fami Nadu Pelution Contin' Boarc and other requiators fo curb such prodable pollution dal is jikely to be caused on account of more plasiic whieh is fkely fo emanate from ine plastic wasie that is being generaled by ine oulive.
Para 16: They are dinscfad to submit their independent repent as cvectad before tive Tibusalonor betore 28.08 20280"
3. % is rasaeetully submitted thal the Hon'ble National Green Tribunal INGYT} in QA. No. 88/2021 (S23 vide its order dated 18.6,2021 directed inter alla that "ow fe apport & Jon Gomniiiee to consider fis aspect So, we conaituts Jing Committee consist af 1) Senfor Sojentist from Central Pollution Control Snard, integrated Regione! ONies, Cheanal, 2) Senier Svieatist from Tarn! Nadu Pollution Cantrol Soard as. designated by iis Chaioian and 3) Sejertist Having expertise iy this fled from Center for Environment, Ane University, Channel fo inspect ihe ana in question and also conser ihe problem that has deen ibe pewsoaper reports anc come wilh a sullable recommendations x oriayeciead arid suggestions as 0) how tis can be aitigaied In an afective manner' Tam Madu Palution Contral will be ihe nodal agency for coordinatan end pravwding necessary logistic for this purease.
The Conimifiee is directer! ia take water sanipias from the nearby wells in and around fhe Perungud! dumpyard and aisa consider tie alr semples fram the available monioring station near that place and also in Ciennal area so as fo Jind oof whether micro plaste pariioles ere: found §9 groundwater ao wel es in the atmosphere wich is being unknowingly consumed by the public resulling in other uinkriowd dissaces as well"
a. fi ihis regard i is respentively submitted that as oer the above directions of the Hon'ble NGT, a joint committee was consiliuted with the folowing members from. Genite for Environmental studies, Anna University, TNPOS and Central Poliutian Conirol Boand(GPUCR Tha tniembers are Dr. S. Karmen, Dissector, Gente for Environmental Studies, Anna University, Chennai --- a0 025. TRV Thiggeraian, Deputy Dinestor abs, Vani Nedu Palidion Control Board, Chennai 600 O82, Smt BM. Beornima, Sclentist (D Central Pollution Gantrel Boars, Ragianal Office, Chennal.
A meeting of the dain commitice was held on 18.08.2021 at 32.00em in the matier of O.4. No.BG/2021 (SZ) fled before the Hon'ble National Green Trisunal, Ghennal based on the Nows iter publishad in the Times af india Newspaper, Ghennel edition dated 06.08.2021 under the gaption "Chennai you are breathing nilcra plastic and micro lastic found in water neer comoraiion dume yards to dissuss. ihe road map forthe sampling and analysis. The copy of tha minutes of ihe meeting is submited herewith as Annexure<t, The fallow O.Cecisions were made in the dolnt commitite meeting:
e Sampling decetions of water samples from the nearby armas. of dunmming sites of Perungudi and Kodungerur are to OE Surveyed and identified and algo fie ay quality monitoring locallans are proposed on 25.05: 2071 and 26.8: 200%.
« Ag fir ag ihe analysis of the micro plastics iawater and air twas réquested by ihe mambers to gel ihe detalis of the procedures and fschnigues for the analysis of the mdore plasiies from the Gentral Institute of Plastics Engingering Feennwoagy (CIPET.
¥ .
§. if ig reapectiully submitted that for the above works to be executed and for the preparation of the foint Cormmmhitiee report, a considerable time is requited henoe his humbly sequested thal the Hon'ble NGTUSS) may extend the me limi slon- at Jain cemmittee rapart .8
forthe subm nF 8 oy angiher aight week that this S ByeC Fe 8 ois humbly o roumstenn @ abeve R ineder § 3 bunal (SZ) may pleased be grand further eight weeks time to Me i & National Green Tr raporl and gies deer ff and oraper in te further or otber orders as if oh & >> The port oO me] © » ne] oO oa & a_ status re CPCB) had also filed a status e for another 12 months.
Da a3 Ba © wt ee OK 5 % thet Fog.
"
he bie Aah, ane at wa:
Be 4 his case and thus. rand ¥ GREATE # report dated 25.08.2021, se "STATUS REPORT I the facts and cirournstances of
4. The Central Pollution Co AN OF OF SUS pre fete T respectfully submit that ibe as per the Guo), dntedl 25.00.9018 fram the Enviranment Department, Council wahation = We, 3.08, 2019 end the creuls 49.06.2079; the Pubbe He Chennai Corporation inspected 4,7 af Greater Chennai Corporation, 1 further about 3,205,226 kgs af banned 3 above acid §,7 1,540 lradera, | respectfully submi that an amount af Rs, ore, Rupers One and One Hundred) were collected as Bne defauiters by the Puldic Health Department.
CORE 'ds, Ne.
ard 2aG fAQ19 abit 84 Poorest dated (lar tram the Commissioner dated aids Department of the Greater 1.540 shops in the aress that slaahic were seieerd from the 182,023,100 Crore Forty Trea Lakhs and Two Thousand fram the Total No. of shaps Total No. of plastic raided seized (lg) Amotunt | | iRs.} SEQ ay:
aif eee eee ADS SUG AQSTS.2 Seen F Se00.7 SAAR, 231300 VS 7a60 sin a ~ ~ a ye * S :
& S100 2146771 ~ 903400 | pmmmnueipees to eeecensseneneed Sana er perenne PELTeO C QQggau a} Lhumbly suboift tha when te above cast earme before ine Hone Green Triltunal, Southern éoene and passed ah Order regarding the dumping yards in Peringudl and. Kodungeaiwur as falleays:-
* 4, Further, even in the yesterday ReEWSPapeTr, gamely, %5.06.2021, Times of India, Cheanal Edition, it was mentianed under the cuption "Micra plastic found in water near cerporation dumpyards", fH is quite alarming to see the mewapaper report that microplastic are seen in the groundwater samples which were taken from the wells near the dumpyards, namely, Kedungaiyer and Perungud! dumpyards where the entire dump generated and ealleeted from Chenari sad other suburb are being dumped and that dumpyard even now lacks proper scientific disposal of the legacy waste that has been dumped there in respect of which, on the basis of the direction given by this Tribunal in some other matter, steps are being taken by the Greater Chennai Corporation te dispose of the legacy waste in the dumpyards..."
at | respectfully submit that the Greater Chenneal Corporation has commenced the removal of legacy waste in Perungudl dumping ground through bio-mining and the period of contract is 3 years. The x probable date of carmpletion is July 2024. The bio-mining work at £ Kodunealyur dumping ground will be commenced shortly. The present vei wi and K sabsuar duns status of idamining in. Perungudi and Rocungany ur prourid is as fallaws:
t Perungudl dumping gro ~ * The sey a si " in one road "of Berard) site Total volume of legacy waste above road level H } : WREKALES
3. inkhs cubic meters. The project wos drided imu six pack Afber i fue prejeet fork as LNren YRAars.
for efficient execution having project Horzen 6s 5 ia : . pariatmed and the fresh three years the Perungudi dump site will be rennisre i ay "peg ~~ Wink ins Owe i GEE is es shing re waste dumping will also stop aimer GCC is establishing tq compliance
- -- se Waele processing facility te process and dispose ih with SWM rules 2018.
The project cost is appended iin the fallawing talite:
Project
2 Cost in Rs. | fatal Waste Package "TOFD? 5 SOT i OFOTT Foss 4 ac 3063122.69 The project (all packages} has been awarded at ihe cumulative cast of Rupees 350.04 crores and site has been handed over. It expected that by implementing this Bio mining project the air quality of the city shall improve substantially. Now preliminary works [ike installation of plant and machinery and stabilisation of A 10 ae ot & ampere ps. PRe VEChBRE Inpacy waste 2S under pragress i all & gackages. The AE ny CREDA :
wise stints has inen slated bel & Current Status:
arey route Oey "he g r Fer Packages 3,11 & VI te Lagguay waste remiss val awwork fo erection ef plant and machinery 1s in Pregress i i wietecorios Te hricabare & Bant and machinenes febricals work is i progress.
& Propoged te start the erection of pland by 25.08.21.
& ILF evil structural design is under preparation by UT.
Far Package ¥ & Plant and machinery erechon wark completed and dry rim werk completed. Waiting for ER power 3 $4 supply.
® Planned to start the processing, aperation by 30.09.21.
For Package Uf % 80% of plant erection work completed and expected to eomplete by 30.09.21).
For Package IV * Plant erection work atarted and expected to complete by 10.10.21, nealyus ing ground:
RSE AAR The total volume lepocy waste is 64.02 Lakhs cubic meter. The approximate total cost of bio-mining is Rs. 753.54 Crores ata rate of Rs.1 177.00 per Cubic MeterIn addition ta Bio-Mining cost an interim law de sip we . tee} . .
landfill site spread over 25 acres also has to be constructed to accommodate fresh incaming waste having life of 2 years and the cost iS approximately Rs. IGB8 Senree te aclttecae i in ) approximately Rs. 19.68 Creres. In addition to Biu-mining and {\ 11 ay ab ores 18 a ; Faas oy VEEL PETES PESSELEL PPEETHEREREDIROEER OY interim faridfll casi, Ure envirenrenial Tey | f : ' spyige peret OF . heoes j tata) grapect care appranximately Raed Grams. Theres, che fatar Ars rae ayn a PE PS : ¢ Sroayen ai apeaniinately , Om reclamation of Noerdunes yeu Cane She iB APE POPE, rar ae kes nf . easaseeney FRR Teer ap : ey Zar PT VLPes .
i eo he orenarer afer arPrmesss % bestted? Pipeiy Seeymee ES te dyes OreyenPont Sse Retaiied Preteet Repart fs te pk ess . : ; syeuct : tee drone SLE SEY: ocial PNB PM. saat evet af Sisomirdng Gy c$eriueclang SEES» ' ROLE CRINK RE PR PER I OO 9g rhy ment & ger technical gtuady assewsmert, Parviranmont i fact ARANSST ASBOYSTHN ¢ i att ax Teelrsical ad PANS. SHEEN and waste characterigavion: SILAY S& AWE Chess eo rey Y y ; "f° Caggulrant Bae PPP ss Ss : 3 Sea ties way ¢ ah Phe s 4 Reasbiiy Assesment ans Heasealsr OFS SAPS S eS LTRS SRONSR SS BER ja progres TREES mem ¢ "ar Sy z ~% thy of ¥ £ Le sii oert Serext Phiskiosy Aad s . thr eteayp rosmmecufaliy proved eryexd PeERReP Ea fF 34 cs ws ey d oars? eee el ory z i TS DP YeiSyre PRA seA. YY .
2 ¢ Mes $0.
are a bstc ve x ope TEyS PASS Bee ' Sq ' ee forgns 3 gy ¢ pays 05 3tS RE TO PHS Glace BELTS * Ss get eg QAP BARES : rst ogee pee thy wes ' cs SEE ISLA Nes Lhe nA Cuyyget Pay seem Hy ard: PRESS yoysy tk De MTS CUTTS MELE BSS RoESRPDR ESSER BS sd TAL eM Sin the report, that some steps have « Rie eS (CPCB) had approved the Memorandum of Understanding (MOU) with Indian Institute of Technology (IT), Kanpur, but Indian Institute of Technology (IIT), Kanpur has not approved the same so far and the study has not been started.
127. It is high time for the Central authorities to look into the issue in an effective and pro active manner and to take quicker steps to protect environment and improve the air quality. The newspaper reports came in recent times shows an alarming effect regarding the status of pollution in Capital City (New Delhi) itself. In spite of, that effective steps for curbing polluti : ng the standard is not forth coming from the authoritie:
8. The learned counsel appea 3S : \ yee) Board ((NPCB) submitted th toe wanted some more time » Tamil Nadu Pollution Control yt and 12:-months time 8 & be allowe Was Se a:
to diate steps to evolve a wesc, . os A .
standard, so as to curb. the pollution: level adding more criteria including the micro plastic and other criteria which are not considered in the earlier standards, so as to effectively manage the National Ambient Air Quality Standards (NAAQS) on Pan India Basis.
10.The above officials are directed to submit the report to this Tribunal 13 on or before 09.12.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
11.The Registry is directed to communicate this order to the members of the committee as well as the official respondents including Ministry of Environment, Forests Change (MoEF &CC), The Chairman, Tamil Nadu S$ ion Control Board (TNSPCB), Central Pollution Control CB) and the Commissioner Greater gnehnai Corporati for the ae. tion and for
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- = A cnusesseeusnecsen E.M O.A. No.99/2021 & O.A. No. 174 of 2021 (SZ) 08.11.2021. Sr. 14