National Green Tribunal
M.Gobineelan, Son Of P.P.Mani vs The Secretary To The Government, ... on 14 March, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No.5 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 155/2017(SZ)
M.Gobineelan Applicant
Versus
The Secretary to the Government,Department
of Environment and Forest, Chennai and Ors. Respondent(s)
Date of hearing: 14.03.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Respondent(s): Dr. D. Shanmuganathan for R1 to R3, R6 & R7.
Mr. S. Sai Sathya Jith for R4.
Mr. S.R. Sundaram for R8.
Mr. Abdul Saleem and Mr. S. Saravanan for R9.
Mr. D. Ramesh Kumar for R5.
ORDER
1. Prayers in this application are as follows:-
"
A.) Directing the 3rd respondent to forbear all municipalities, town and village panchayaths from using toxic or chemical substances in destroying mosquitoes and weeds and thus render justice, B.) Directing the respondent No.5 to regulate the registered pesticides under Insecticides Act and to make byelaws in accordance with section.7 of Insecticides Act and thus render justice, 1 C.) Directing the respondents to prohibit the sale of un registered pesticides and also sales of banned pesticides and thus render justice, D.) Forbearing the 9th respondent from producing, selling of poison treated seeds to the farmers and thus render justice, E.) Forbearing the 10th respondent from using pesticides and other substances on their godowns and thus render justice, F.) Directing the respondents to constitute a mechanism for monitoring conventional farmers and redressing grievance of public and organic farmers and thus render justice."
2. Case of the applicant is that there is unregulated use of pesticides and other toxic substances in agricultural operations such as chemical fertilizers. Chemical fertilizers and pesticides have serious adverse impact on environment causing air and water pollution and also degrading the land. Spraying machines are used for pesticides on cultivated crops which not merely destroy unwanted insects and weeds but also destroy good micro organisms, bacteria and other organisms on soil. Pesticides reach the soil and contaminate the ground water and also degrade fertility of soil. White spraying pesticides, it mixes up in the air and causes severe air pollution. Run off from pesticides reaches nearby lakes, ponds and surface water and contaminates water.Farmers before and after cultivating crops use toxic chemical fertilizers such as urea, phosphorus, potash etc. for betterment of production and for cultivating disease resistant crops. The chemical fertilizers are made up of a heavy metals and harmful substances. These chemical fertilizers go into root of soil and contaminate ground water level. Farmers directly place chemical substance into the holes of trees for controlling insects and preventing other infections. All these chemical fertilizers enter into fruits. There is possibility of ground water as well as ambient air becomingtoxic due to usage of chemical fertilizers and other chemical substances by the farmers on their agricultural fields. 2
3. It is further stated that all municipalities, towns and village panchayaths are using pesticides and other harmful ingredients without any limitation for controlling mosquitoes within their jurisdiction. Usually they mix up the harmful ingredients with pure water. Using mosquito sprayer machines, they spray the mixed substances within their area.Harmful ingredients mix up with air. Entire environment becomes polluted. They also spray pesticides on the ponds, sides of river and other surface of water for controlling mosquitoes and weeds. While using these pesticides, harmful substances are mixed up in ponds and atmosphere. Good micro organism, fishes, frogs etc., are destroyed and water becomes polluted. The municipality mixes huge amount of chlorine and other forms of chemical substances in river water. Organisms which live the beneath the water are destroyed. It is also distributed by the municipalities to the individual houses through underground water pipelines for drinking.
4. Further averments in the application are that the pesticides are contained in plastic cans.Chemical fertilizers, poison treated seeds etc. are contained in bags, sacks, etc. There were no guidelines how to dispose these bags after use by farmers. Generally farmers will throw empty bags in river water or on land. They are burnt causing pollution.Harmful substances contaminate entire atmosphere. Farmers spray \ dip textile dyes among fruits, vegetables to make them vibrant and attractive. While spraying these dyes,lot of toxic substance are mixed in air and food. Bees, birds, aquatic organisms and other organisms living on the soil are indirectly destroyed. Harmful and toxic fruits are harvested due to usage of pesticides and 3 chemical fertilizers. Incurable disease is spread due to usage of pesticides. While using these pesticides, farmers are directly affected and suffer incurable health problems. There is no mechanism for monitoring conventional farmers. All kinds of pesticides are toxic and harmful. There are no exceptions. Endosulfan was banned by Government of India due to harmful effects on agriculture and its pollution. However, it is freely available in Tamil Nadu. Phorate, furadan, carbofuran are having similar effects on environment.It causes severe soil, water, air pollution. It also causes health problems to the farmers. Sometimes these pesticides have caused dangerous and incurable diseases to the farmers. But they are not banned. Even though there are registered pesticides, they cause environment pollution.
5. The application was filed on 13.07.2017 and first came up for hearing on 17.07.2017. Notice was issued to the respondents, including MoEF&CC, Central Insecticide Board and Registration Committee, Ministry of Agriculture and Farmers Welfare, Government of India, State PCB and ICAR. The matter has been considered in the last more than four years by various orders in light of pleadings filed by the parties to which a brief reference may be made.
6. The reply filed by the Central Insecticide Board and Registration Committee, Ministry of Agriculture and Farmers Welfare, Government of India, is that use of insecticides is regulated under the Insecticide Act which inter-alia provides for registration for manufacturers. The Central Insecticide Board advises Government of India on technical matters. Specific guidelines have been issued for registration of insecticides. 4 Further statement filed by the Central Insecticide Board on 15.10.2020 inter-alia states as follows:-
"Registration Committee (RC) constitute u/s 5 of the Act, a statutory highly technical body comprising of highly technical eminent scientists from different fields grants registration. The RC registers insecticides after scrutinizing formulae, verifying claims of efficacy and safety to human beings and animals, specifying the precaution against poisoning and other function incidental to these matters. To assess efficacy of the insecticides and their safety to human beings and animals, the RC has evolved exhaustive guidelines / data requirements which inter-alia includes data on acute and long term effect of pesticides, its reproductive toxicity, genotoxicity, neurotoxicity, teratogenic (effect on developing foetus or embryo) and carcinogenic potential, its effects on environment which also include toxicity to birds, fish, honey, bees, its residues in air, water, soil residue in crops and their edible produce on which the insecticides are intended to be used etc. besides the efficacy trials fir its applicability in the country. The onus lies with the importers manufactures to generate data relating to the insecticides for which registration is sought. The data thus submitted to the RC is evaluated and registration is granted only when RC is satisfied about the efficacy and safety of the product under the condition of use in the country. Whenever the RC is not satisfied about the efficacy of the products, the registration is refused for such insecticides."
7. ICAR has submitted that Nitrogen, phosphorus and potassium (N, P, K) fertilizers are important agricultural inputs for increasing soil fertility and enhancing agriculture productivity. There is no evidence to suggest that chemical fertilizers enter the vegetable and fruit crops and make the resultant fruits toxic. Possibility of entire groundwater and air becoming poisonous or venomous due to use of fertilizers and other chemicals is remote.Chemical get mineralized and/or metabolized to non-toxic degradation products/metabolites. The fate of pesticides in terms of toxicity, persistence and residue on crop and soil, environmental effect, shelf life etc. are critically examined and evaluated by the CIB & RC based on the data generated under different Indian agro-climatic conditions.
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8. We have heard learned Counsel for the parties. While there can be no doubt that excessive and unregulated use of insecticides and pesticides can be a major source for air, water and soil pollution, the prayer to prohibit their use altogether cannot be accepted. We are of the opinion that apart from regulation by the Ministry of Agriculture, Environmental Regulators also need to look into the adverse impact on environment and take regulatory/mitigation measures.
9. The matter has been earlier considered by this Tribunal vide order dated 26.6.2020 in OA 46/2020 in the light of report of MoEF & CPCB, in pursuanceof orders of this Tribunal. The Tribunal noted the regulatory measures adopted in the matter and issued further directions. Operative part of the order is as follows:
"1. A report was sought from the MoEF&CC and the CPCB with reference to the prayer of the applicant to restrict use of chemical pesticides, affecting health of the citizens and contaminating soil. The prayer was based on a study of the King George Medical College, Lucknow, news articles published in BBC News on 05.11.2017, the Times of India on 19.11.2017 and other similar news articles. The applicant stated that around seven lakh hectares of agricultural land in Aligarh division had turned into barren land, as per a press report. There was also a report that many patients were referred to its Clinical Ecotoxicology (Diagnostic and Research).
2. Accordingly, a compliance report has been filed by the MoEF&CC on 24.04.2020 mentioning inter alia as follows:
" With regard to pesticide contamination in fruits, vegetable and soil; it is submitted that the Directorate of Plant Protection, Quarantine and Storage under the MoAFW mandated to popularize adoption of integrated pest management (IPM) through promotion of biological control approaches in crop protection technology, ensuring availability of safer and effective pesticides through regulatory measures under the Insecticides Act, 1968, prevent introduction of exotic pests inimical to Indian agriculture by implementation of Destructive Insects and Pests Act, 1914 supported by Plant Quarantine Order (Regulation of Import into India), 6 2003, advise and assist the union government on all matters including international obligations related to plant protection, keep watch and control over locust in scheduled desert area, human resource development in plant protection technology and monitoring pesticides' residues at national level in food commodities and environmental media i.e. water and soil.
With regard to 280 approved pesticide molecules (of which 99 are banned in other countries), it is submitted that the Central Insecticides Board and Registration Committee (CIBRC) constituted under the Insecticides Act, 1968 and functioning under the aegis of MoAFW is the nodal agency to regulate the registration and use of pesticides in India. While the Board advises the Central Government and State Governments on technical matters including the risk to human being or animals involved in the use of insecticides and the safety measures necessary to prevent such risk, the Registration Committee specifies the precautions to be taken against poisoning through the use or handling of insecticides.
With regard to discharge of industrial wastes and release of sewage into dumping grounds and streams or rivers leading to soil pollution, it is submitted that CPCB/ SPCBs/ PCCs conducts regular inspections of industrial units and Sewage Treatment Plants to assess their compliance to prescribed standards under routine inspections, investigation of VIP/ public complaints and directives of Hon'ble NGT/ Hon'ble Courts. The Environment (Protection) Rules, 1986 prescribe industry-specific emission and effluent discharge standards. The non-compliance with regard to emission/ effluent discharge standards, practicing unauthorized disposal of effluent or hazardous wastes on land lead to initiation of action against the unit which include issuance of Show Cause Notice and/ or closure directions."
3. A report has also been filed by the Ministry of Agriculture and Farmers Welfare, referring to the statutory provisions of the Insecticide Act, 1968 and Rules, 1971 and further stating:
"10. The use of pesticides is of paramount importance for food security of our ever growing population and combating the vector borne diseases prevalent in the country. However, Government of India is aware and concerned that chemical pesticides are inherently toxic in nature and hence for their safe use needed to be regulated, hence, enacted the Insecticides Act 1968 and Rules were framed in l97l. It came up with a Central Sector Scheme known as Integrated Pest Management during 1990s through which it holds Farmer Field Schools (FFSs), short duration 7 training programmes and season long training programmes. In Farmers Field Schools the farmers are taught and trained in identification of pests and their natural enemies, and to use various cultural, mechanical and biological control methods to manage these pests below the threshold levels. They are taught to use chemical pesticides judiciously and as a last resort. They are advised to follow strictly the directions mentioned on label and leaflets which are integral part of Registration Certificates and essentially available with each pesticide packs. On label and leaflets the dose, method and time of application/s of the pesticides and waiting period alter application of a pesticide, safety related issues including antidote, first aid measures and precautions to be followed during the application of pesticides and safe disposal of pesticide containers are incorporated. If a pesticide is used in accordance with directions as prescribed on the label and leaflet, it does not pose any risk.
11. The Central and State Governments organize training to farmers on safe and judicious use of pesticides including disposal of pesticides and used containers etc. The information on harmful effects of pesticides and observance of safety in their use is also provided to the famers during 'Krishi Melas' and other interactive meetings with farmers including the trainings organized by the 35 Central Integrated Pest Management Centers across the country and also 645 Krishi Vigyan Kendra (KVK) of Indian Council of Agricultural Research (ICAR), State Agriculture Universities and State Government wherein specialized scientists impart training to the farmers. In addition 588 districts have Agricultural Technology Management Agency (ATMA) centers which are instrumental in convergence of various activities at the district level to the farmers.
12. In this regard it is humbly apprised to the Hon'ble Tribunal, that besides active ingredient, the effect of ingredients, metabolites, contaminants, transformation by-products and synergistic effect are also examined while evaluating safety of an insecticides.
13. It is submitted that as stated herein above that non judicious and indiscriminate use may adversely affect human health and environment. The strategy of integrated pest management which envisages cultural, mechanical, biological and other method of pest control is being propagated besides promoting the use of safer alternative like bio- pesticides. Further, the central and State/UT Governments impart training to the users regarding safe and judicious use of pesticides under various programs. The respondents is regularly monitoring the pesticides 8 residues in food commodities and environmental samples under Central Sector Scheme .,Monitoring of Pesticides Residues at National Level" the scheme has 25 NABL accredited participating laboratories representing DAC&FW, ICAR, Ministry of Health and Family welfare and GSIR etc. The data generated under the scheme are shared with State Government and concerned Ministries to initiate the corrective action for judicious and proper use of pesticide on crop with IPM approach and to generate awareness among farmers. It is submitted that DAC&FW implement a scheme "Strengthening and Modernization of Pest Management Approach in India" to promote IPM which is an environment friendly broad ecological approach for managing pest problem. IPM is organizing Farmer Field Schools (FFS) and Seasonal Long Training Programme. Grant in aid is also provided to the states for the establishment of the State Biocontrol Laboratories. It is further submitted that Government is propagating Integrated Pest Management strategy, a Central Sector Scheme for minimizing the excessive use of pesticide by utilizing other methods of pest control viz cultural, mechanical, biological and only need based judicious use of pesticides. Furthermore, Government is also promoting use of safer pesticides like bio-pesticides, plant based pesticides.
14. Pesticides are one of the important inputs in agriculture for crop protection and also protection of stored grain from pest forever growing population of the country. Hence, the responsibility of administering the Act has been assigned to Ministry of Agriculture and Farmers Welfares. Under the Act a well-established procedure for registration and regulation of pesticides for use in the country exists. It is submitted that there has been a proper co-ordination between/amongst the Ministry of Health &Family Welfare, Ministry of Agriculture & Farmers Welfare, Ministry of Chemical & Petro-chemical and Ministry of Environment, Forests & Climate Change wherever required and also checks and balances exist to ensure safety in use of pesticides.
15. It is humbly apprised that, the insecticides/pesticides are not to be blamed alone for the soil pollution but there are many other leading causes of soil pollution too. It is further apprised that if the pesticides are used judiciously as per the label claims as approved by the Registration Committee they do not pose any risk."
4. In view of the above, while certain steps are being taken to abate harmful impact of pesticides on human health and soil, monitoring needs to be enhanced by laying down a further action plan jointly by the CPCB in coordination with the State PCBs/PCCs. An appropriate protocol may be evolved for the purpose and circulated it to the concerned agencies within four months." 9
10. Pursuant to above, CPCB has issued "protocol for enhanced monitoring of pesticides" on 28.10.2020 to all State Boards, including the TN State PCB which is reproduced below:
"Protocol for Enhanced Monitoring of Pesticides w.r.t. order passed by Hon'ble NGT on 26.06.2020 in the matter of Original Application No. 46/2020.
Hon‟ble National Green Tribunal Principal Bench, New Delhi in the matter of Original Application No. 46/2020 sought report from Ministry of Environment, Forests and Climate Change and Central Pollution Control Board with reference to the prayer of the applicant (Sh. Shailesh Singh) to restrict use of chemical pesticides, affecting health of the citizens and contaminating soil. The prayer was based on a study of the King George Medical College, Lucknow, news articles published in BBC News on 05.11.2017, the Times of India on 19.11.2017 and other similar news articles. The applicant stated that around seven lakh hectares of agricultural land in Aligarh division had turned into barren land, as per a press report. There was also a report that many patients were referred to Clinical Ecotoxicology (Diagnostic and Research).
Hon‟ble National Green Tribunal passed the order in the aforesaid matter on 26.06.2020. S No. 4. of the said order reads as follows:
"In view of the above, while certain steps are being taken to abate harmful impact of pesticides on human health and soil, monitoring needs to be enhanced by laying down a further action plan jointly by the CPCB in coordination with the State PCBs/PCCs. An appropriate protocol may be evolved for the purpose and circulated it to the concerned agencies within four months."
In view of which, Central Pollution Control Board vide letter dated July 07, 2020 requested twelve State Pollution Control Boards (having pesticide industries) and Directorate of Plant Protection Quarantine & Storage to nominate a representative for the constitution of the committee for the purpose of making the aforesaid protocol.
Accordingly, the following committee consisting of representatives of Central Pollution Control Board, State Pollution Control Boards and Directorate of Plant Protection Quarantine & Storage was constituted to make the aforesaid protocol:
1) Sh. Dinabandhu Gouda, Scientist E & DH, IPC-I, Central Pollution Control Board
2) Sh. Subhash Chand, Deputy Director (Chemistry), Directorate of Plant Protection Quarantine & Storage 10
3) Sh. N. M. Tabhani, Deputy Chief Environmental Engineer, Gujarat Pollution Control Board
4) Sh. M. S. Satyanarayana Rao, Joint Chief Environmental Scientist, Telangana State Pollution Control Board
5) Sh. D. K. Joshi, Scientific Officer, Uttarakhand Pollution Control Board
6) Smt. Prasanti Swain, Senior Environmental Engineer, Odisha State Pollution Control Board
7) Sh. Ram Krishna Saha, Senior Scientist, West Bengal Pollution Control Board
8) Sh. P. K. Mirashe, Assistant Secretary (Technical), Maharashtra Pollution Control Board
9) Sh. J. P. Singh, Senior Environmental Engineer, Haryana State Pollution Control Board
10) Group Incharge (PDF), Rajasthan State Pollution Control Board
11) Sh. Ashbir Singh, Scientist D, Central Pollution Control Board The above stated committee members through meetings and deliberations agreed upon the Protocol for Enhanced Monitoring of Pesticides, which is described below.
The Protocol for Enhanced Monitoring of Pesticides is as follows:
1. The State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs) jointly with the nominated official(s) of Directorate of Plant Protection Quarantine & Storage (DPPQS) shall conduct regular inspection of every Technical grade pesticide manufacturing / pesticide formulation unit (hereinafter referred as pesticide unit) under their jurisdiction. The inspection of Technical grade pesticide manufacturing units shall be conducted at least on half yearly basis and the inspection of Pesticide Formulation units shall be conducted at least on annual basis.
2. The inspections shall be conducted as surprise inspections. Any prior information pertaining to inspection shall not be provided to the industrial units that are to be inspected.
3. On the basis of violations / shortcomings as observed during the joint inspection, the action on the defaulter pesticide unit may be taken independently by SPCBs / PCCs and / or DPPQS, as applicable, under the provisions of the extant laws.
4. The inspections shall involve monitoring of treated / discharged effluent w.r.t prescribed parameters including pesticide parameters. The inspections have to be conducted irrespective of mode of discharge of treated effluent by the pesticide unit.11
5. Sampling of effluent shall be done from the inlet and outlet of the effluent treatment systems viz. Effluent Treatment Plant, Multiple Effect Evaporator, Agitated Thin Film Dryer, Reverse Osmosis etc. (wherever required ) along with the point of final discharge of the treated effluent to assess effectiveness of effluent treatment.
6. It shall essentially be verified during inspection whether the pesticide unit (under inspection) is discharging treated /untreated effluent or disposing hazardous wastes in unauthorized manner. In case any unauthorized discharge of effluent/unauthorized disposal of Hazardous Waste is observed, action on the defaulter pesticide unit under extant laws shall immediately be taken.
7. In case, the pesticide unit (under inspection) claims Zero Liquid Discharge (ZLD) compliance, an assessment of feasibility of ZLD compliance shall be made thorough effluent monitoring and mass balance of effluent and it shall be ascertained that the unit does not practice effluent bypassing or discharge of effluent by any other means. ZLD may be defined as „The entire quantity of effluent is treated to recover water and recovered water is reused in process and / or utilities, and only solids are discharged (or reused, if possible) in environmentally sound manner. Reuse of treated effluent for horticulture or agriculture purposes will be considered as discharge on land and not as means to achieve ZLD. Similarly, effluent from individual industries being sent to CETP for treatment will not be considered as ZLD.‟
8. Pesticides are toxic by nature. It shall essentially be verified during inspection about any possibility of environmental pollution that may be caused by the pesticideindustry (under inspection) owing to mixing / contact of rain water / storm water with any process effluent or leachate from the process / storage area. Any possibility of environmental pollution through fugitive emissions of pesticides shall also be verified.
9. In case, the pesticide unit discharges its treated effluent to the inland surface water, river, stream or drain, the monitoring of the water body shall be conducted along with the monitoring of treated effluent. In case of discharge to rivers, streams, drains etc. upstream and downstream monitoring shall be conducted along with the monitoring of treated effluent. The monitoring of water body shall be done for prescribed parameters including pesticides.
10. Monitoring of soil samples collected from the banks of the water body (to which the treated effluent is discharged) shall also be conducted w.r.t. pesticide parameters. For the purpose of baseline concentration for reference / comparison, soil samples from another location(s) as per discretion of the monitoring officials shall also be taken so that it may be ascertained whether the pesticide unit (under inspection) is causing any soil pollution.
11. Half yearly monitoring of water bodies, if any within the 500 m radius of pesticide units shall be conducted to assess any pesticide contamination. If it is observed that the monitored water body (within the 500 m radius of pesticide units) is polluted with pesticide(s), then further monitoring of water bodies situated 12 beyond 500 m shall be done to assess the extent of pollution.
Monitoring of soil samples collected from the banks of the water body shall also be conducted w.r.t. pesticide parameters. . For the purpose of baseline concentration for reference / comparison, fresh water samples and soil samples from other locations as per discretion of the monitoring officials may be taken.
12. In case, the pesticide unit uses its treated effluent in irrigation / gardening; groundwater monitoring w.r.t. pesticide parameters shall be conducted by SPCBs / PCCs along with the monitoring of treated effluent. Monitoring of soil samples from the irrigated region shall also be conducted w.r.t. pesticide parameters. For the purpose of baseline concentration for reference / comparison, groundwater samples and soil samples from another location(s) as per discretion of the monitoring officials shall also be taken so that it may be ascertained whether the pesticide unit (under inspection) is causing any soil/ groundwater pollution.
13. In every case, irrespective of mode of discharge of the treated effluent, the inspections shall also involve ground water monitoring w.r.t. pesticide parameters around 500m of the pesticide unit. If it is observed that the groundwater (within the 500 m radius of pesticide units) is polluted with pesticides, then further monitoring of groundwater beyond 500 m shall be done to assess the extent of pollution. For the purpose of baseline concentration for reference / comparison, ground water samples from another location(s) as per discretion of the monitoring officials shall also be collected so that it may be ascertained whether the pesticide unit (under inspection) is responsible for ground water pollution (if any).
14. In every case, irrespective of mode of discharge of the treated effluent, the inspections shall also involve soil monitoring w.r.t. pesticide parameters around 500m of the pesticide unit. If it is observed that the soil (within the 500 m radius of pesticide units) is polluted with pesticides, then further monitoring of soil beyond 500 m shall be done to assess the extent of pollution. For the purpose of baseline concentration for reference/ comparison, soil samples from another location(s) as per discretion of the monitoring officials shall also be taken so that it may be ascertained whether the pesticide unit (under inspection) is causing any soil pollution.
15. In case the pesticide industry is situated within a notified industrial cluster, the monitoring officials may at their discretion decide the distance from where soil and ground water samples have to be taken for the purpose of baseline concentration for reference / comparison.
16. SPCBs and PCCs shall conduct effluent monitoring of Common Effluent Treatment Plants and Sewage Treatment Plants under their jurisdiction w.r.t. pesticide parameters. The treated effluent from Common Effluent Treatment Plants and Sewage Treatment Plants shall not contain any pesticide. The monitoring has to be done regularly at least on half yearly basis.
17. SPCBs and PCCs shall conduct regular inspections of Hazardous Waste Disposal / Treatment facilities as well as 13 Municipal Waste dumping sites within their jurisdiction. The inspections have to be done at least on half yearly basis. The monitoring shall involve ground water as well as soil sampling around 500m of Hazardous waste disposal facility and Municipal Waste dumping sites w.r.t. pesticide parameters. If it is observed that the groundwater and / or soil (within the 500 m radius of pesticide units) is polluted with pesticide(s), then further monitoring of groundwater and / or soil beyond 500 m shall be done to assess the extent of pollution. For the purpose of baseline concentration for reference and comparison, ground water samples and soil samples from another location(s) as per discretion of the monitoring officials shall be taken.
18. In case, SPCBs / PCCs observe that any inspected pesticide unit, Common Effluent Treatment Plant, Sewage Treatment Plant, Municipal Waste dumping site or Hazardous Waste Disposal/Treatment facility has caused grave injury to the environment because of discharge of effluent / leachate contaminated with pesticides or improper disposal of hazardous / other wastes containing pesticides, action on the defaulter under extant laws shall immediately be taken.
19. The decision whether the pesticide pollution of environment has been caused by the agricultural or urban run off or by any pesticide unit, Common Effluent Treatment Plant, Sewage Treatment Plant, Municipal Waste dumping site or Hazardous Waste Disposal/Treatment shall be taken based upon the observed facts, evidences and scientific rationale.
20. SPCBs / PCCs may direct the pesticide industries in their jurisdiction to recycle and reuse the treated effluent to the maximum possible extent.
21. SPCBs / PCCs and DPPQS shall ensure that no pesticide unit shall manufacture or formulate the pesticides banned by Government of India or that are listed as Persistent Organic Pollutants (POPs) by the Stockholm Convention on POPs.
22. SPCBs / PCCs jointly with DPPQS shall carry out monitoring of water bodies during pre and post monsoon seasons so as to assess the impact of the pesticides run off into the water bodies because of agricultural / urban activities.
23. For conducting the above stated inspections / monitoring; SPCBs, PCCs and DPPQS at their discretion may engage any Government organization or Government approved organization having adequate expertise in inspection of pesticide industries / monitoring of pesticides in environment.
24. The analysis of effluent / ground water /soil samples for the parameters other than pesticides shall be carried out in the laboratories of SPCBs / PCCs or in the laboratories recognised by Ministry of Environment, Forests and Climate Change or accredited by National Accreditation Board for Testing and Calibration Laboratories (NABL). The analysis of pesticide parameters may be done in the laboratories of SPCBs / PCCs or in the laboratories 14 recognised by Ministry of Environment, Forests and Climate Change or accredited by National Accreditation Board for Testing and Calibration Laboratories (NABL) or laboratories recognised by the Central Insecticides Board & Registration Committee. In case the sampling pertains to the industrial inspection, the sample analysis fee shall be paid by the concerned pesticide industry as per polluter pays principle.
25. The methodology for sampling and analysis of pesticides / pesticide residues shall be followed as per methodology / guidelines of Bureau of Indian Standards / Central Insecticides Board and Registration Committee/ United States Environmental Protection Agency.
26. SPCBs / PCCs and DPPQS shall promptly investigate any public complaint regarding pollution caused by any pesticide unit and shall take prompt action.
27. All pesticides are registered after rigorous test of efficacy, stability and safety with maximum mortality to harmful insect and minimum damage to beneficial insects. Doses and time of application along with re-entry into the field are decided on the basis of data generated as per approved protocol under Good Agricultural Practice (GAP), Good Laboratory Practice (GLP) and NABL laboratories and verified by the Government institutes also. In view of which, DPPQS may ensure necessary action at its end in pertinence of environment protection and human health.
28. DPPQS may arrange to impart regular training programs / workshops for farmers and dealers regarding the harmful consequences of excessive and injudicious use of pesticides.
29. DPPQS being an expert body which carries out monitoring of pesticides residues at national level as per its mandate; may arrange to conduct capacity building trainings / workshops for SPCBs / PCCs regarding pertinent monitoring & analysis."
11. In view of above, grievance of the applicant stands redressed. Further action may be taken by the TN State PCB in accordance with law in the light of protocol laid down by the CPCB.
The application is disposed of.
Sd/-
Adarsh Kumar Goel, CP 15 Sd/-
K. Ramakrishnan, JM Sd/-
Sudhir Agarwal, JM Sd/-
Dr. Satyagopal Korlapati, EM Sd/-
Prof. A. Senthil Vel, EM Sd/-
Dr. Vijay Kulkarni, EM Sd/-
Dr. Afroz Ahmad, EM March 14, 2022 Original Application No. 155/2017(SZ) SN 16