National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 3 February, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
1
Item No.9 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 108 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu initiated proceedings
based on the News item published in
Vikatan E-Magazine edition dated 09.07.2020
Under the caption "Coonoor Misery:
Increasing waste in River Water! -
Elephants looking for good water".
1) The Principal Secretary to Government,
Public Works Department,
Secretariat, Fort St. George,
Chennai - 600 009.
2) The Secretary to Govt. of Tamil Nadu,
Department of Environment,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
3) The Principal Secretary to Govt. of Tamil Nadu,
Department of Health and Family Welfare,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
4) Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Development,
Govt. Secretariat,
Fort St. George,
Chennai, Tamil Nadu - 600 009.
5) The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
6) The District Collector,
2
Nilgiris District,
Collector Office, Niligirs District,
Near Charing Cross,
Ooty, Tamil Nadu - 643 001.
7) Coonoor Municipality,
Rep. by its Municipal Commissioner,
Municipal Office, Mount Road,
Coonoor - 643 101.
...Respondent(s)
Date of hearing: 3.2.2021
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court.
For Respondent(s): Dr. V.R. Thirunarayanan for R1 to R4 & R6
Mr. Kasirajan through
Ms. Meena for R5
Mr. P. Srinivas for R7
ORDER
As per order dated 16.7.2020, this Tribunal had Suo Motu registered the above case on the basis of the news item published in Vikatan E - Magazine edition dated: 09.07.2020 under the caption "Fd;D}u; mtyk;: Mw;WePupy; mjpfupf;Fk; fopTfs; - ey;yePiuj; NjLk; ahidfs;"
2. Thereafter, Tribunal had constituted a Joint Committee to go into the issue and submit a report and posted the case to 25.9.2020. On 25.9.2020, this Tribunal had considered the interim 3 report submitted by the Joint Committee which was extracted in Para 5 of the order which reads as follows:
"INSPECTION MADE BY THE JOINT COMMITTEE CONSTITUTED BY THE HONOURBLE NATIONAL GREEN TRIBUNAL IN O.A. No. 108 OF 2020 (SZ) Background:
A News item published on 09.07.2020, in the Vikatan E-Magazine under the caption "Coonoor Misery: Increasing Waste in River Water - Elephants looking for Good Water". In the report, it was averred that the dumping of the Solid wastes, chicken wastes and discharge of sewage into the Coonoor River affect the quality of the water in River Coonoor and thereby the elephants are not drinking the water in the river and coming to Runnimedu Railway Station for drinking water, and the same may lead to man-animal conflicts.
The Honourable National Green Tribunal (SZ) took Suo-Motu cognizance of the matter and in their Interim Order dated 16.07.2020, constituted a Joint Committee, headed by District Collector, to inspect the area in question and ascertain the present status and if there is any violation or encroachment in the Forest Area, including pollution caused affecting the health of wild-life, trace out those violators and take action against them in accordance with law including imposition of Environmental Compensation and submit a Status and Action Taken Report to the Tribunal within a period of Two months i.e., on or before 25.09.2020. The Superintending Engineer of Public Works 4 Department and Water Resources Organisation has been nominated as the Nodal Officer, for co- ordination and providing necessary logistics for this purpose.
Joint Inspection Made on 16.09.2020:
The Superintending Engineer of PWD/WRD as the Nodal Officer, in consultation with the District Collector. The Nilgiris District and the other members of the committee, arranged for the Joint inspection on 16.09.2020,. In view of her urgent works related to the containment of COVID-19, District Collector requested the Sub-Collector, Coonoor to participate in the Joint inspection.
Similarly, the District Forest Officer, Udhagamandalam, in view of his meeting with the Principal Chief Conservator of Forest, Coimbatore and nominated Assistant Conservator of Forest, Uthagamandalam to take part in the inspection. The details of officials participated in Joint inspection are:
S. NAME AND DESIGNATION OF THE OFICERS
No.
1. Thiru. Ranjith Singh, I.A.S,
Sub Collector,
Coonoor - Representing District Collector, The Nilgiris.
2. Er. S. Kasilingam, B.E., Superintending Engineer, PWD, Bhavani Basin Circle, Erode - Nodal Officer
3. Er. P.S. Livingston, M.E., District Environemntal Engineer, Tamil Nadu Pollution Control Board, 5 Udhagamandalam - Member
4. Thiru. K. Saravanakumar, Assistant Conservator of Forests, Udhagamandalam Representing District Forest Officer, Udhagamandalam
5. Thiru. K. Balu, Commissioner, Coonoor Municipality, Coonoor - Member
6. Er. V. Rajendran, M.E., Executive Engineer, PWD,WRD, Bhavanisagar Dam Division, Bjavanisagar
7. Er. S. Ramesh, B.E., Assistant Executive Engineer, PWD.,WRD., Irrigation Section, Coonoor
8. Er. M. Ravi, B.E., Assistant Executive Engineer, PWD.,WRD., (I/C) Irrigation Sub Division, Udhagamandalam.
9. Er. V. Balamurugan, BE Municipal Engineer, Coonoor Municipality.
10. Dr. J. Ragunathan, Municipal Health Officer i/c., Coonoor Municipality The Committee inspected the water sources that are entering into the Coonoor Town, flowing within the Coonoor Municipal Limits, leaving the Coonoor Municipality and observed their status, status of the sewage generation and disposal by Coonoor Municipality, 6 presence of solid wastes in the water bodies within the Municipal Limits, etc. Water Bodies entering Coonoor Town:
Four feeder streams are entering into the Coonoor Town, as a detailed below:
The Hancoonthoraiaka Ganguathorai, which flows through the Wellington Cantonment below Black Bridge. Near the Brindhavan Bridge the stream from Aruvankadu joins with the Hancoonthorai aka Ganguathorai. This is the main water course, normally called as Coonoor River, within the limits of Municipality. The third one starts from Gorethorai region, flows through Gymkhana and joins with Coonoor River. The fourth one originates at Tiger hill Region and confluences with Coonoor River.
Water Bodies down-Stream of Coonoor Town Limits: The Coonoor River leaves Coonoor Municipal Limits, at Laws Falls. However, not much habitation is located at the downstream, beyond the Bus Stand. The River, goes till Runneymedu Railway Station, wherein the stream arising due to the overflow from Kattery Dam (Kattery River) joins with Coonoor River. Since there, the water body is named as Kallar River. Many streams / springs from the Tea estates join with Kallar River intermittently. Kallar River confluences with Bhavani; River at Mettupalayam.
Sewage Generation and Management in Coonoor Town:
The population of Coonoor Municipal limit is around 50,000. The local-body is supplying around 2.5 MLD to its populace. Assuming that 80% of the water supplied would be generated as sewage, the quantity of sewage generated would be in the order of 2.0 MLD.
Of these, it is stated by the Municipal authorities 7 that around 25% of population is having adequate area for treating and disposing the sewage generated by them. Around 25% of the population is reported to be served through 30 numbers of community toilets and 4 numbers of public toilets. The sewage generated in these toilets are treated and disposed through septic tank followed by soak pit arrangements. The remaining 50% of the population is either having septic tank and the treated sewage from the septic tank is let into the river directly or let in to drains, from where it joins with the river. The committee was informed that out of the 30 Wards in the Municipality, the sewage generated from 15 wards are reaching the river. The following areas of the Municipality are said to have discharging the sewage into the River.
1. Krishnapuram
2. Mission Hill
3. Vannarper
4. Parasuram Street
5. V.P. Street
6. Model House
7. Rajaji Nagar
8. Old Hospital line
9. Ambedkar nagar and
10.Chandra Colony.
Solid Waste Management in Coonoor Municipality:
In Coonoor Municipality, the biodegradable solid waste generated is managed by the Municipality through composing at Micro Composting Centre, located near Uzhavar Sandhai. They dry wastes are collected to the Resource Recovery centre located at Ottupattarai, segregated and sold out as resources. The sanitary napkins and the un-usable clothes are burned in 8 controlled burning systems, in public places and in the water bodies was also experienced.
Liquid Waste management in Coonoor Municipality:
In Coonoor Municipality as advised by the District Collector, Nilgiris, an estimate of Rs. 500.00 Lakhs for providing Pipe line for sewage water on either side of river and construction of a treatment plant to prevent pollution at Coonoor River was submitted (Letter No. 2329/2019 /E4/ dated 29.01.2020 to Commissioner of Municipal Administration (CMA) and the Administration sanction (CMA Pr. No. 10568/2019/E1 Dated 26.02.2020 was accorded on 26.02.2020.
Further, as per CMA Proc. No. 33908/2018/UGSS-1 Dated 19.05.2020 received by 7 the Coonoor Municipality, Coonoor River (KRISHNAPURAM ODAI) has been included under "NADANTHAI VAZHAI CAUVERY‟ project to conserve, rejuvenate and augment the water resources in Cauvery basis and to effectively curb sewage pollutant.
Throwing of Solid Wastes in Water bodies:
The throwing of solid wastes into the water bodies, is an eye-sore and obstructs the free flow of water and thereby leads to stagnation of water, breeding of mosquitoes etc., Therefore, the need for preventing the throwing of the water bodies by the pubic and tourists was felt.
Coonoor Municipality initiated protection of "Coonoor River" at its most vulnerable stretch in the Krishnapuram area, near the Bus Stand. "Chainlink fencing" to a length of 414 metres, out of the total length of the water body within the town limits of around 2500 meters, which was completed, with the support of a Non Governmental Organisation and District Administration in September, 9 2019.
Currently, Coonoor Municipality is engaged in preventing of dumping by creating awareness through public address system, distribution of pamphlets and periodic cleaning of Coonoor River to ensure free flow.
The Nilgiris Forest Division hereby furnished the following details regarding the movement of elephant. On inspection it is found to the fact the elephants migrate towards Cooonoor Uphill seasonally, the regular migrated path is Mettupalayam-Burliar -Kurumbadi - Valvut estate
- Marappalam - Nandhagopal Bridge - 13th bend - Nanjappachathiram - Kattery Park - Rannimedu Railway station.
From Rannimedu Railway Station the elephant returns towards Mettupalayam along the same path. The movement of elephants is notices majorly during the month of June, July and August and are naturally attracted by ripened jack fruits, trees during the season around the areas.
The passage of elephants in this area is temporary and observed the animals drink water from freshwater streams rising from the adjacent shoal forest and from Burliar river which is far away from Coonoor river.
The elephants are majorly confined to Burliar, Valve wood Estate, hill grove railway station and Marappalam area which is away from Coonoor river. The map with GPS Coordinates depicting the regular migrating path is attached for kind perusal.
ELEPHANT MOVEMENT AND WATER SOURCE
AREA IN COONOOR RANGE
S. NAME OF AREA GPS Reading
No. North East
10
1 BOTTOM OF 11020‟54.86"N 76050‟45.38"E
LAMBSROCK
2 BURLIAR RIVER 11020‟14.79"N 76050‟52.67"E
3 HILLGROVE RAILWAY 11020‟28.38"N 76050‟12.73"E
STATION NEAR
4 KURUMBADI RIVER 11020"7.64"N 760 49‟58.91"E
5 WALLWOOD ESTATE 110 76049‟47.79"E
20‟15.36"N
6 MARAPPALAMAREA 110 20‟9.28"N 76049‟13.63"E
7 NEAR 13-TH BEND 110 20 „4.24"N 76048‟45.57"E
8 NANDHA GOPAL 110 76048‟34.79"E
BRIDGE 19‟53.52"N
9 NEAR NAJAPPAPURA 11 76048‟30.32"E
CHATHIRAM VILLAGE 019.58.41"N
10 KMS 11019‟44.41"N 76048‟18.80"E
11 NEAR RANNIMEDU 11019‟42.32"N 76048‟11.16"E
RAILWAY STATION
Samples Collected:
The Joint Committee during its inspection on 16.09.2020, collected samples from the following five locations:
1. Stream Water behind the LPG Crematorium, before the Coonoor Municipal Limits.
2. Stream water within the Gymkhana grounds.
3. Stream water adjacent to Coonoor Municipality Pumping Station at Brook lands.
4. Coonoor River, at the downstream of Bus Stand.
5. Kallar river at the backside of Runneymede Railway Station.
The samples are sent for analysis of Drinking Water parameters, metals, Biochemical oxygen demand and 11 Chemical Oxygen Demand, to the Tamil Nadu pollution Control Board Laboratories. The results are awaited. Observations made during the Joint inspection:
During the join inspection, the committee observed the following preliminary observations:
1. The quality of water that is entering into the Town is generally without any pollution.
2. The sewage from residential areas are entering into the water body, within the Town limits.
3. During the inspection of the committee, solid waste within the waster body is not appreciably noticed.
This could have been due to the restrictions in Tourism activities, prevailing in the district due to COVID - 19 Pandemic.
4. The samples collected, including the samples collected within the Town limits, are free from any objectionable colour or odour. This could be due to the fact that there is sufficient quality of water-flow in the water body, which facilitates the self rejuvenation/cleaning of the water body.
5. In the Runnymedu Railway Station, there is no water tank or any structure, which would facilitate the elephants to drink water, is noticed. The elephants could have taken the water either at Coonoor River stretch or Kallar River adjacent to the Railway Station.
6. There is every likelihood that the quality of the Water in the downstream, beyond Runneymede Railway Station got, due to the reason that many streams/springs from Tea estates are found joining with Kallar water.
12
Further Report:
It is submitted that the results of the samples collected are expected in another fortnight. On receipt of the results, the Joint Committee would discuss and finalize the short term and long term action plans, along with the timelines."
3. Thereafter, this Tribunal passed the following order:
"Considering the circumstances, we feel that some more time can be given to the committee to submit the report.
The committee is directed to submit the report to this Tribunal on or before 19.11.2020 by e-filing along with necessary hard copies to be produced as per rules.
The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately by e-mail, so as to enable them to comply with the direction and also to file their independent response regarding the allegation in the paper report before the next hearing date. For submitting their independent response of the respondents regarding the manner in which sewage is treated in the Municipality and further action for improving the system and also consideration of report of the committee to be filed, post on 19.11.2020."
4. The case was posted to 19.11.2020 for compliance of the 13 directions. On 19.11.2020, it was adjourned to 21.12.2020 and on 21.12.2020, it was adjourned to 4.1.2021 by successive notifications.
5. On 4.1.2021, this Tribunal has considered the response submitted by the Pollution Control Board dated 18.11.2020 filed on 1.12.2020 extracted in Para 5 of the order which reads as follows:
"RESPONSE OF THE DISTRICT ENVIRONMENTAL ENGINEER, TAMIL NADU POLLUTION CONTROL BOARD, UDHAGAMANDALAM ON THE ALLEGATIONS IN THE PAPER REPORT AND THE MANNER IN WHICH THE SEWAGE IS TREATED IN THE CONONOOR MUNICIPALITY AS ORDERED BY THE HON‟BLE NATIONAL GREEN TRIBUNAL ON 25.09.2020IN O.A. No.:108 OF 2020 (SZ) Background:
The Honourable National Green Tribunal (SZ) during its hearing on 25.09.2020, took the Interim Report filed by the Joint Committee into record, and issued the following directions:
"7. The committee is directed to submit the report to thisTribunal on or before 19.11.2020 by e-filing along with necessary hard copies to be produced as per rules.
8. The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately by e-mail, so as to enable them to comply with the direction and also to file their independent response regarding the allegation in the paper report before the next hearing date.14
9. For submitting independent response of the respondents regarding the manner in which sewage is treated in the Municipality and further action for improving the system and also consideration of report of the committee to be filed, posted on 19.11.2020".
The Report of the Joint Committee is prepared and being submitted by the Public Works Department-Water Resources Division, the nodal agency. The responses of Tamil Nadu Pollution Control Board on the allegations contained in the Paper Report and the manner in which the sewage is treated by the Municipality, further action for improving the system is being submitted, in compliance of the orders dated 25.09.2020, of the Honourable National Green Tribunal (SZ).
Response of TNPCB on the allegations contained in the Paper Report
(i) There is good flow in the river. Even though found along the banks of the River, the elephants are not drinking the river water. Come to the railway station to drink good water :
It is not correct to state that the elephants are not drinking the river water. The report depict that the elephants are coming to Railway Station (Rannmimedu) to drink the water that is stored in the Railway Station for other purposes. But, the fact being that the elephants came to the River flowing adjacent to the Rannimedu Railway Station, and drank water there. It is an occasional incident, which was also prompted due to the absence of human activity in the Railway Station, since the lock-down started from the last week of March, 2020.
The locations in which the elephants normally drink water are all located at the down-stream of Rannimedu Railway Station, River. Downstream of Coonoor Municipal Limits, there is no discharge of any sort 15 of waste stream, in to the stream. As such, there is no possibility of the quality of the river water downstream of Rannimedu Railway Station affected, and thereby the elephants not drinking that water and coming to Ramnnimedu Railway Station, searching good water. More-over, in the downstream of Rannimedu Railway Station, the over- flow from Kattery Dam joins with the river. Further, many streams from the Estates are also joins with the River, thereby there is every likely-hood that quality of the water get improved, due to the effect of dilution. As such this allegation is without any logic and contrary to the situation prevails there.
(ii) Coonoor River is used as a Dumping Yard for Garbage, makes the River a Waste Drain :
It is learned that the practice of dumping the garbage in to the River prevailed, for a long time. As stated in the Report, the dumped material in the River was removed by the Municipality with the support from a Non Governmental Organization, and chain-link fencing has been established over a length of 414 m has been made, which has prevented the dumping in to the river to a large extent. Moreover, during the Joint Inspection, dumping of garbage was not observed. This may be attributed to the absence of tourists, due to lock-down at the time of Joint inspection. Moreover, there is adequate system for the collection, processing, treatment and disposal of the Solid Waste in Coonoor Municipality, and by efficiently operating the system, together with strict vigil and imposing 16 penal provisions on violators, the dumping of garbage in to the water bodies could be completely eliminated.
The allegation that the River becomes a waste drain is completely baseless. As stated in the Interim Report, the quality of the water in the River is found to be satisfactory. The results of the samples collected also support the same claim. Even though, some quantity of untreated sewage enters the river, the reason for maintaining the quality of water is attributed to the effects of dilution, and the natural aeration occurred due to the flow in the undulated terrain.
(iii) There is no septic tank in many houses. The Public Toilets are also directly connected to the River:
As submitted in the Interim Report, it is estimated in 50% of area of the Town, there is no Septic Tanks, at house-hold level. It is also learned that out of thirty community toilets and four public toilets, septic tank is not available only in one public toilet in the Bus Stand. It is informed that the same would be connected to the Sewage treatment Plant, that is proposed under „Nadanthai Vaazhi Cauvery' project.
(iv) Meat waste is dumped in the River. The River becomes a source of spreading diseases to animals and Human:
Coonoor Municipality has provided Box Type composting equipment, at an estimated cost of Rs. 5 lakhs, for composting the meat, fish and chicken stall wastes, at Vasampallam. The same is functioning satisfactorily. The dumping of such wastes were not observed during the Joint Inspection or on other occasions. The allegation that the River has become a source of spreading disease is baseless. 17 Response of TNPCB on the manner in which sewage is treated in the Municipality and further action for improving the system
(i) Treatment of Sewage in Coonoor Municipality:
It is estimated that Coonoor Municipality generates around 2.0 MLD of sewage, of which 25% (0.5 MLD) of sewage is handled within the premises of generation, as they are having adequate land area. Another 25% (0.5 MLD) is catered through 30 community toilets and 4 public Toilets. It is learned that barring one Public Toilet in the Bust Stand, others are having septic tank arrangements. The remaining 50% of the population is either having septic tank and the treated sewage from the septic tank is let into the river directly or let in to drains, from where it joins with the river. It is informed by the Municipal Authorities, the sewage generated from the following areas of the Municipality viz. 1. Krishnapuram 2. Mission Hill 3. Vannarper 4. Parasuram Street 5. V.P. Street 6. Model House 7. Rajaji Nagar 8. Old Hospital line 9. Ambedkar nagar and 10.Chandra Colony, are said to have discharging the sewage into the River.
(ii) Action Proposed for improving Sewage Management:
A proposal for collecting the sewage generated from 2088 households of Krishnapuram Area through Pipelines and providing a Sewage Treatment Plant at an estimated cost of Rs. 500.00 Lakhs was formulated and submitted to Government and the Administrative Sanction obtained on 26.02.2020. Subsequently this proposal is included under „Nadanthai Vaazhi Cauvery' project through Public Works Department, aimed to conserve, rejuvenate and augment the water resources in Cauvery basin and to effectively curb sewage discharged. This work is expected to be commenced shortly. On completion, the sewage generated from areas like Krishnapuram, Mission Hill, Parasuram 18 Street, Aloy Sait Compound, Fairy Bank Street, V P Street, M G R Nagar areas, entering in to the river would be curtailed, and thus 60% of sewage presently entering in to the River without treatment would be prevented.
(iii) Further Action required:
Coonoor Municipality shall, by 31.12.2021, shall ensure that there shall be no discharge of untreated sewage in to the water bodies. To achieve this goal, they shall formulate action plans and execute them, as listed below:
1. Undertake a survey of commercial discharging sewage directly in to water bodies, shall be completed before 31.12.2020.
2. Undertake a survey of households discharging sewage directly in to water bodies, shall be completed before 31.01.2021.
3. All commercial establishments shall be prohibited from discharging sewage in to water bodies directly, before 31.01.2021.
4. Trade Licenses of establishments discharging sewage directly in to water bodies after 31.03.2021, shall be cancelled.
5. During the intermittent period, substantial cost on the discharge in to water bodies, as ordered by this Honourable Tribunal shall be levied.
6. Those house-holds shall be made to provide septic tank and soak pit arrangements, wherever space is available, before 31.03.2021.
7. In the house-holds, where adequate space is not available for providing septic tank and soak pit arrangement, suitable common public land be identified, to provide common septic tank and soak pit arrangement or leach pits, with a view to ensure that untreated sewage entering the River is completely prevented. This exercise shall be completed before 30.06.2021. 19
8. The Public Works Department shall undertake the Sewage Treatment Plant, under „Nadanthai Vaazhi Cauvery' project, on a priority basis, as this would prevent the entry of about xx% of untreated sewage entering in to the water body.
9. It is considered that, for places like Coonoor Municipality, providing of decentralized treatment plants, in a few locations would be beneficial. The possibility of such option may be studied.
10. Considering the much undulated and unfavourable terrain, which is a challenge to Coonoor Municipality in the collection and conveyance of the sewage generated, and the low temperature the area is experiencing in most of the year, which is also a challenge in maintaining the biological treatment systems, and on the question of providing few Decentralized Sewage Treatment Plants, it is recommended that that the Honourable Green Tribunal may direct the Government to institute an expert technical team to study and suggest means for the collection and conveyance of sewage, selection of treatment technology, etc, with a view to ensure that untreated sewage is not let in to the water courses.
Prayer:
The District Environmental Engineer, Udhagamandalam, a member of the Joint Committee nominated by Tamil Nadu Pollution Control Board, do hereby submits this individual response, as ordered by this Honourable Tribunal, and request the Honourable National Green Tribunal (SZ) to accept the Response and to pass appropriate orders the Honourable National Green Tribunal (SZ), considers deem and fit on the facts and circumstances of the issue.20
District Environmental Engineer, Tamil Nadu Pollution control Board Udhagamandalam
6. After considering the report, this Tribunal passed the following order:
"Even in the report it is mentioned that whatever steps being taken by them are only to cater the possibility of treating 60% of the sewage generated in that area. There is no specific action plan for treating the balance sewage of 40% in an effective manner so as to avoid it is being discharged into the river as alleged in the newspaper report.
When this was pointed out, the learned counsel appearing for the seventh respondent submitted that he will come with complete action plan if some time is granted.
The Coonoor Municipality as well as Pollution Control Board and also the Committee are directed to submit their report to this Tribunal before the next hearing date viz, 3.2.2021 by e-filing at [email protected].
The Registry is directed to communicate this order through e- mail immediately to the Members of the Committee, Coonoor Municipality and also the Pollution Control Board so as to enable them to comply with the direction of this Tribunal." 21
The case was posted to today for compliance of the status report.
7. When the matter came up for hearing today through Video Conference, Dr. V.R. Thirunarayanan represented respondents No.1 to 4 and 6, Sri. Kasirajan through Ms. Meena represented fifth respondent and Mr. P. Srinivas represented seventh respondent.
8. We have received the report of the Joint Committee signed by the members on 16.11.2020 and received on 1.2.2021 which reads as follows:
"A news Item was published on 9.7.2020 in the Vikatan E- Magazine under the caption „Coonoor Misery, increasing waste in river water - elephants looking for good water‟. In the report, it was averred that the dumping of the Solid Wastes, Chicken wastes and discharge of sewage and septage into the Coonoor river affects the quality of the water in river Coonoor and thereby the elephants are not drinking the water in the river and coming to Runnimedu railway station for drinking water and the same may lead in man-animal conflicts.
The Honourable National Green Tribunal (SZ) took suo motu cognizance of the matter and in their interim order dt. 16.7.2020 constituted a joint committee headed by District Collector to inspect the area in question and ascertain the present status and if there is any violation or encroachment in the forest area, 22 including pollution caused affecting the health of wild life, trace out those violators and take action against them in accordance with law including imposition of environmental compensation and submit a status and action taken report to the Tribunal within a period of two months i.e., on or before 25.9.2020. The Superintending Engineer of Public Works Department and Water Resources Organization has been nominated as the Nodal Officer, for coordination and providing necessary logistics for this purpose. In compliance with the orders of the Hon‟ble National Green Tribunal, the Joint Committee undertook an inspection on 16.9.2020 collected samples wherever the joint committee considered appropriate and based o the observations made submitted an interim report.
The Hon‟ble National Green Tribunal during its hearing on 29.9.2020 too the interim report filed by the joint committee into record and issued the following directions:
1.The committee is directed to submit the report to this Tribunal on or before 19.11.2020 by e-filing along with necessary hard copies to be produced as per rules.
2.The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately by e-mail so as to enable them to comply with the 23 direction and also to file their independent response regarding the allegation in the paper report before the next hearing date.
3. For submitting independent response of the respondents regarding the manner in which sewage is treated in the municipality and further action or improving the system and also consideration of report of the committee to be filed post on 19.11.2020.
Joint Inspection and samples collected:
The Superintending Engineer of PWD/WRD as the nodal officer in consultation with the District Collector, The Nilgiris District and the other members of the committee undertook the Joint Inspection on 16.9.2020 and collected water samples at five locations As the values of bio chemical oxygen Demand and Dissolved Oxygen Levels of two samples could not be analysed, in view of the presence of free residual chlorine, the District Environmental Engineer, Udhagamandalam collected samples again on those to location on 1.10.20220 and sent the samples for analysis . This report is submitted based on the observations made by the joint committee during the inspection results of the samples and the inter action made with the members of the joint committee and the concerned departments. The details of officials participated in joint inspection is presented as Appendix - 1. 24 The committee inspected the water sources that are entering into Coonoor Town flowing within the Coonoor Municipal Limits leaving Coonoor Municipality ad observed the status of the sewage generation and disposal by Coonoor Municipality presence of solid wastes in the water bodies within the municipal limits etc. Industrial discharges:
There is no industrial discharge entering into the water courses which are inspected by the joint committee. However, it is ascertained from the District Environmental Engineer, Udhagamandalam a member of the joint committee that M/s. Cordite Factory, Aruvankadu which is located at about 5 km upstream of Coonoor and is engaged in the manufacturing of nitro glycerine based propellant is discharging effluent to the tune of 1000 KLD in the stream, flowing adjacent to the factory which is entering into the Coonoor Ton. The effluent discharged from the industry is mainly arising out of the neutralization of the acidic steams and as such contain mainly Total Dissolved Solids , Chlorides and Sulphates. The effluent from the industry is generally meeting the standards prescribed, except that the level of Total Dissolved Solids in exceeding at times. The level of Total Dissolved Solids in the samples collected between January 2019 and July 2020 are ranging between 312 mg/l to 3250 mg/l. The 25 impact of the occasional exceedance in Total Dissolved Solids is not felt in the downstream due to the dilution occurring in the stream. The stream that is entering into Coonoor Town at the back side of crematorium showed that the level of Total Dissolved Solids as 270 mg/l only. The industry has formulated proposals for providing Zero Liquid Discharge System and submitted the proposal to Ordinance factories Board, Ministry of Defence, Government of India for approval.
Initiatives by Coonoor Municipality:
Coonoor town‟s history dates back to more than a hundred and fifty years. The unfavourable terrains and torrential monsoons make it prone to frequent landslides and flooding in the Coonoor river. Two feeder stream flowing from adjacent town panchayat and cantonment areas confluence below the Brindavan bridge ad flow forward as the Coonoor river. Into which two tributaries from the Gymkhana grounds and Tiger Hills are drain. The river and its tributaries course forward for about 2 kms through the thickly populated areas of the town and leaves Coonoor municipal boundary at Law‟s falls. Hence it has always been a herculean task for Coonoor Municipality to maintain the free flow land quality of the Coonoor river as it flows forward. However, the Municipality has initiated many measures for the protection of water bodies. Even though those measures were 26 listed in the interim report already filed before the Hon‟ble Tribunal considering the significance of the information the same is again submitted shortly.
Preventing dumping of garbage into water bodies. Coonoor Municipality initiated protection of Coonoor river at its most vulnerable stretch in April 2019 by erecting chain link fencing to a length of 116 meters through CSR activity from a private firm, following which an additional stretch of 398 meters was fenced through another CSR activity facilitated by District Collector, Nilgiris in September 2019.
Coonoor Municipality is engaged in prevention of dumping by creating awareness through public address system, distribution lof pamphlets and periodic cleaning of Coonoor river to ensure free flow. In addition, 10 animators are engaged in regular IEC activities in protecting the river and preserving the environment. Dumping of wastes has been reduced to a large extent. More over, the river is being closely monitored by the Municipal staff. A proposal for Rs.1000 lakhs has been sent for strengthening the side walls of the river which would also prevent dumping of wastes.
Improvement of water quality of river: On the occasion of World Environment Day on June 5 th 2019. District Collector Nilgiris inaugurated a moth long desilting activity of Coonoor river through 27 clean coonoor, a coonoor based NGO and about 8000 MT of silt removed from the river and this helped to a great extent in the municipality‟s efforts to protect and preserve the river. Proposals under pipe line: As advised by District Collector Nilgiris, a proposal for providing pipeline for sewage water on either side of Krishnapuram stretch of Coonoor river and construction of a treatment plant to prevent pollution at Coonoor river at an estimated cost of Rs.500 lakhs was formulated and submitted to Government and the administrative sanction obtained on 26.2.2020. This work - Coonoor river to be commenced shortly has been included under Nadanthai Vaazhi Cauvery project through PWD to conserve, rejuvenate and augment the water resources in Cauvery basin and to effectively curb sewerage pollutant discharged from 2088 households.
Report on movement of elephants: The report of the Nilgiris forest Division on the movement of elephant was already submitted in the interim report itself. However, with relevance of subject matter the same is again produced as follows:
On inspection, it s found to the fact the elephants migrate towards Coonoor uphill seasonally.
The regular migrated path is Mettupalayam - Burliar - Kurumbadi
- Valvewood Estate - Marappalam - Nandhagopal Bridge - 13th 28 bend - Nanjappachathiram - Kattery park - Runnimedu railways station.
From Runnimedu railway station the elephant returns towards Mettupalayam along the same path. The movement of elephants is noticed majority during the month of June, July and August and are naturally attracted by ripened jack fruits trees during the season around the areas.
The passage of elephants in this area is temporary and observed the animals drink water from fresh water streams rising from the adjacent shoal forest and from burliar river which is far away from coonoor river.
The elephants are mostly confined to Burliar, Valve Wood Estate, Hill grove railway station and Marappalam area which is away from Coonoor river.
The map with GPS coordinate depicting the regular migrating path is furnished below for kind perusal of the Tribunal. Elephant movement and water source area n Coonoor range Name of area GPS reading North East Bottom of Lambrock 11020‟54.86"N 76050‟45.38"E Burliar river 11020‟14.79"N 76050‟52.57"E Hillgrove Rly. Stn near 11020‟28.38"N 76050‟12.73"E 29 Kurumbadi river 11020‟7.64"N 76049‟58.91"E Wallwood Estate 11020‟15.36"N 76049‟47.79"E Marappalam area 11020‟9.28"N 76049‟13.63"E Near 13th bend 11020‟4.24"N 76048‟45.57"E Nandagopal bridge 11019‟53.52"N 76048‟34.79"E Near Nanjappapura 11019‟58.41"N 76048‟30.32"E Chathiram village KMS 11019‟44.41"N 76048‟18.80"E Near Runnimedu Rly St. 11019‟42.32"N 76048‟11.16"E Applicable reference values for the water courses: The Central Pollution Control Board has developed five designated best uses for water bodies and different standards have been prescribed for each usage. Moreover, the Bureau of Indian Standards vide IS 2296:1992 published the Water Quality Standards for the five class of waters. The various designated best uses and their standards are submitted as Appendix - 2. In the instant case, the water bodies are neither falling under Class-A nor under Class -B and also not under Class - C but falls under Class -D. Hence the results of the samples collected are compared with Class-D and also with Class-C in view of the reason no standard is prescribed under Class -D. 30 Quality of the water: The quality of the water samples collected is described in the following section based on the observations made during the sample collection and the results of the samples analyzed at the laboratories of Tamil Nadu Pollution Control Board.
Appearance: During the collection of the samples, all the samples were found to be clear and colourless. There is no standard prescribed for colour in respects of class-D water However, it is found that all samples are found to be well within the colour units prescribed for Class - C waters. The maximum observed value is 80 Hazen units as against the standard of 300 Hazen units.
Neutrality: The pH values of the samples are ranging between 6.91 to 8.38 as against the range of 6.5 to 8.5 prescribed for class-D waters The samples are meeting the norms prescribed for class-C waters also.
Mineral parameters: No standard is prescribed for the Class-D waters, in respects of the parameters representing the mineral content viz. Total Dissolved Solids, Chlorides, Sulphates, Fluorides, Alkalinity, Hardness, Calcium and Magnesium. No standard prescribed for Class - C waters also in respect of Alkalinity, Hardness, Calcium and Magnesium. However, the values of Total Dissolved Solids, Chlorides, Sulphates and 31 Fluorides are meeting the standards prescribed for Class - C waters.
Biological Indicators: One of the important indicators of the biological health of the water is Dissolved Oxygen and a standard of 4 mg/l or more is prescribed for both Class-C and Class-D waters. The samples collected in all the five locations are having Dissolved Oxygen values ranging between 5.8 mg/l ti 6,5 mg/l. In the case of Chemical Oxygen Demand, the values are ranging between 8 mg/l to 2.38 mg/l. No standard is prescribed for both class-D and Class-C waters in respect of these two parameters In the case of Bio chemical Oxygen Demand, the values are ranging between 2 mg/l to 6 mg/l. The prescribed standard for Class-D water is 2 mg/l and in the case of Class-C waters, it is 3 mg/l. The level of 6 mg/l reported at Coonoor river downstream of Coonor bus stand is attributed to the mixing of untreated sewage from the municipal limits of Coonoor and also the discharge from the huts located adjacent to the points of sample collection. Even though no such disposal of sewage in the stream within Gymkhana this could be due to the decay of the grass in the Gymkhana which is brought in to the stream. Metals: In the case of metals, like Iron, copper, chromium, zinc, cadmium and nickel, no standard is prescribed for Class-D 32 waters. However, the parameters are within the limits prescribed for Class -C waters.
Bacteriological health. The values of Total Coliform are found to be ranging between 17 to 39 MPN/100 ml. No standard is prescribed for the Total Coliorms in respect of class-D waters. However, these values are found to far below the standard prescribed for Class-C waters viz 5000 MPN/100 ml. No standard s prescribed for fecal coliforms. The consolidated report of analysis of the samples collected and analysed is submitted as Appendix-3.
Inferences: Based on the observations made during the joint inspection, report furnished by the Forest Department and the results of the samples collected from the water bodies, the joint committee arrive at the following inferences:
It is noted that the quality of the water in Burliar river at the back yard of Runnimedu railway station is found to be suitable for wildlife propagation in respect of all parameters. The quality of the water that is found at the further down stream is likely to be more healthier because of the reason that there is no discharge of waste water of any sort and there is further dilution due to the mixing of spring water from estates are noticed. 33 There is no evidence to suggest that that the elephants have come to Runnimedu railway station in search of good quality water as the water source which they used to drink is contaminated. The joint committee is of the considered view that the passage of elephants in this area is temporary and seasonal. „The joint committee is of the considered view that there is no violation or encroachment of forest land.
The joint committee is also of the considered view that there is no pollution of the water bodies that would affect the wildlife. However, the discharge of the sewage directly or indirectly in to the water bodies from the house holds of Coonoor Municipality needs to be contained in order to further improve the quality of the water bodies.
Similarly, the dumping of solid waste into the water bodies should also be prevented.] Measures to be taken: In order to ensure that the sewage from the house holds shall not be discharged into the Conoor river and that the dumping of solid waste in to the river is completely prevented, the joint committee recommends the following measures:
The Coonoor municipality shall undertake a survey of the household which have not provided with septic tank and soak pit arrangements and discharging sewage into the river. This exercise shall be completed before 31.1.2021. 34 Those households shall be made to provide septic tank and soak pit arrangements wherever space is available before 31.3.2021. In the households where adequate space is not available for providing septic tank and soak pit arrangement suitable common public land be identified to provide common septic tank and soak pit arrangement or leach pits with a view to ensure that untreated sewage entering the river is completely prevented. This exercise shall be completed before 30.6.2021.
Stringent penalties provisions in the by laws be enacted for dumping of garbage in the water bodies. This shall be completed before 31.12.2020.
Suspending of trade licenses of the commercial establishments dumping garbage in to waterbodies shall also made as by law and enforced.
Awareness programmes on preserving the water bodies shall be conducted periodically.
Signage boards at the places which are vulnerable to dumping of garbage into the water bodies be erected before 31.12.2020 by the Municipality.
Considering the much undulated and unfavourable terrain which is a challenge to Coonoor municipality, it is recommended that the government may institute an expert technical team to study and 35 suggest means for the management of sewage with a view to ensure that untreated sewage is not let in to the water courses."
9. We have also received a further report submitted by the Tamil Nadu Pollution Control Board, signed on 1.2.2021, received today which reads as follows:
FURTHER REPORT OF THE DISTRICT ENVIRONMENTAL ENGINEER, TAMIL NADU POLLUTION CONTROL BOARD, UDHAGAMANDALAM ON THE REMARKS OF THE HON'BLE NATIONAL GREEN TRIBUNAL (SZ) DURING THE HEARING HELD ON 04.01.2021, IN O.A. No.:108 OF 2020 (SZ) Background:
As directed by the Hon'ble National Green Tribunal (SZ) during its hearing on 25.09.2020, the Response of the District Environmental Engineer, TamilNadu Pollution Control Board, Udhagamandalam on the allegations in the News Paper Report were submitted. During the hearing on 04.01.2021, the Hon'ble National Green Tribunal (SZ) took the responses of Environmental Engineer, TamilNadu Pollution Control Board, Udhagamandalam in Record, and made the following orders:
6. The learned counsel appearing for the seventh respondent submitted that some steps are being taken and they have already filed the action plan for remedying the situation. But we have not received the same.
The office is directed to verify and place the same before this Tribunal on the next hearing date. The Pollution Control Board is also directed to file further action taken report for non- implementation of the Solid Waste Management Rules, 2016 in Coonoor 36 Municipality as has been directed by this Tribunal in several earlier cases and also of the non- compliance of the directions given by the Principal Bench of the National Green Tribunal in O.A.No.606 of 2018 before the next hearing date.
7.Even in the report it is mentioned that whatever steps that have being taken by them will only cater to the possibility of treating 60% of the sewage generated in that area. There is no specific action plan for treating the balance sewage of 40% in an effective manner so as to avoid it is being discharged into the river as alleged in the newspaper report.
. When this was pointed out, the learned counsel appearing for the seventh respondent submitted that he will come with a complete action plan if some time is granted.
9. The Coonoor Municipality as well as Pollution Control Board and also the Committee are directed to submit their report to this Tribunal before the next hearing date viz, 3.2.2021 by efiling at [email protected].
10. The Registry is directed to communicate this order through e-mail immediately to the Members of the Committee, Coonoor Municipality and also the Pollution Control Board so as to enable them to comply with the direction of this Tribunal."
In response, this further report is submitted for the consideration of the Hon'ble National Green Tribunal (SZ).
Implementation of Solid Waste Management Rules, 2016 37 A. Management of Currently generated Solid Wastes:
Currently, Coonoor Municipality is generating Municipal Solid Waste to the tune of 14 MT/Day, out of which 8.3 MT/Day is wet waste. Of this, 7 MT/Day is collected and subjected to composting operations, 4 MT/Day at Micro Composting Centre, as well as for through Wind Row Composting at the erstwhile I L & F S Shed, 1 MT/day, non-vegetarian wastes processed through the equipment installed and 2.0 MT/Day of wet waste is composted in four Parks and another 10 on-site locations. 1.0 MT/Day of wet waste generated by 18 Bulk Waste Generators (BWG) and 0.30 MT/Day of wet waste generated by 630 House-holds are managed by themselves, at the point of generation itself.
Out of the 5.7 MT/Day of Dry waste generated, 0.7 MT/Day of recyclable waste is sold-out at house hold level; the remaining 5.0 MT/Day of dry wastes are brought out to the Resource Recovery Centre, sorted and the recyclable wastes are baled, and despatched to recyclers. The non-recyclable wastes such as un-usable cloth waste, used diapers and sanitary napkins are burnt in the controlled high temperature burners installed at the Resource recovery Park at Ottupattarai. There are two numbers of High temperature burners installed, one of 600 kg Capacity and another of 1500 kg Capacity.
Generally, the management of currently generated Solid Waste by Coonoor Municipality is satisfactory. The Photographs showing the management of Solid Waste Management in Coonoor Municipality are submitted for the perusal of the Hon'ble National Green Tribunal (SZ). 38 B. Old Dumpsites in Coonoor Municipality:
In Coonoor Municipality, legacy waste is found in the old dump locations, viz. Ottupattarai dump yard, dumping yard at the back side of the erstwhile I L & F S Processing shed, and the dumping along the sides of Vasampallam Road. The total quantity of waste was estimated to be in the estimated as 7000 MT at a bulk density of around 0.7. However, subsequent to the fire occurred during the year 2017, substantial quantity of waste was destructed, and the present quantity of the waste is reassessed at 3000 MT by Coonoor Municipality. This wastes need to be subjected to processing/ bio-mining for the separation of the other components such as plastics, glass, rag present in the waste and to dispose them appropriately, and the soil separated has to be disposed as manure or as soil conditioner.
C. Show Cause Notice for levying EC:
Under the provisions of the Solid Waste Management Rules, 2016, the old dump sites need to be remediated within five years of Notification of Rules, viz. 7th April, 2021. However, the Hon'ble National Green Tribunal (PB) have ordered that Environmental Compensation be levied on Local Bodies for not commencing the remediation of old dumpsites after 1st April, 2021. The same is also emphasized by the Hon'ble National Green Tribunal (SZ) in its previous orders in this case and another case involving Coonoor Municipality. Hence, a show cause notice was issued instructing Coonoor Municipality as to why Environmental Compensation should not be 39 levied, by District Environmental Engineer, Udhagamandalam in proceedings dated 12th January, 2021. The Commissioner, Coonoor Municipality furnished reply vide letter dated 1st February, 2021, wherein the action taken for remediation of dumpsites are elaborated. The veracity of the measures taken are verified through field inspection on 1st February, 2020. The reply furnished is under consideration, as to whether proceeded with the levy of Environmental Compensation or proceeded further on levying of Environmental Compensation. The Copy of the show cause notice and the reply to the show cause notice are submitted herewith for the kind perusal of the Hon'ble National Green Tribunal (SZ).
D. Measures taken for the processing of Legacy Waste: Coonoor Municipality has fabricated a mechanized Seiver for the purpose of processing of the legacy waste. The same is found to be stabilized and could be operated at the rate of around 3 MT/Hour, thereby a maximum quantity of 30 MT/day of legacy waste could be processed. It is found during the inspection on 1st February that about 180 MT of legacy waste is processed. Coonoor Municipality has reported that the remaining quantity of waste could be remediated/ processed before 30th June, 2021. It is submitted, that the remaining waste up to around 3000 MT could be processed, before 30th June, 2021, provided the process is not interrupted with rain. In as much as 40 there is no rainy season till May, it is possible for Coonoor Municipality to meet the Time Line.
Action Plan for preventing the entry of Sewage in to the River Coonoor Municipality has formulated a road-map for intercepting the sewage out-falls entering in to the River. As per the road-map, a detailed study is instituted to identify the discharges into the water bodies, their quality and quantity, availability space for providing decentralized treatment system, suitable technologies for treatment, and to estimate the CAPEX and OPEX for the scheme. The experts have carried out the reconnaissance survey on 29.01.2021, and the detailed investigation also started on 01.02.2021. The Final Report is anticipated in the first week of April, 2021 and the proposal would be submitted to the Government by the third week of June 2021. The Project after technical and financial approval, would be completed in 9 months' time.
It is submitted that providing of under-ground sewerage system, by collecting the sewage generated from the households and the commercial establishments, is expensive, as very huge money is spent on conveyance system, time consuming- taking more than five years to complete all the related works, causing much inconvenience to public such as road closure/ traffic diversion etc., and cumbersome, ie very difficult to execute in general, particularly for hilly terrain like Coonoor Municipality. Therefore, as an alternate, it is decided that the outfalls in the river be intercepted, diverted to a nearby location, where adequate land is 41 available for the construction of treatment system and then the treated sewage would be discharged back in to the River.
Action Taken by Coonoor Municipality committed in earlier Report Coonoor Municipality in their earlier report filed before the Hon'ble National Green Tribunal (SZ) during the previous hearing in O.A. No.: 108 of 2020, an action plan was given. Of the above, the survey of Commercial establishments discharging sewage in water bodies completed, so cause notice is issued to such 109 establishments. The replies received are under scrutiny. It is proposed to issue the second notice for demolition / celling of such establishment during the first week of February 2021. Further action will be taken in accordance with Law, under the provisions of the Prohibition of Manual Scavengers and their Rehabilitation, Act, 2013.
In the case of households, survey has been completed, notices are being issued to those house hold not having a septic tank / soak pit, but having space, and assured to complete the action before 31.03.2021.
Fecal Sludge Sewage treatment Plant It is submitted that Coonoor Municipality has already commenced the construction of the Fecal Sludge Sewage treatment Plant, for the further treatment of the sludge from the Septic Tanks, at the premises of 42 the Resource Recovery Centre. The works has been commenced and expected to be completed before December, 2021.
Remarks of District Environmental Engineer The perusal of documents furnished by Coonoor Municipality and the observations made during the field inspection, the following inferences are arrived at:
1. The management of the solid wastes generated by Coonoor Municipality is found to be satisfactory.
2. Coonoor Municipality has commenced the operation of processing of the legacy waste.
3. The mechanized Seiver System fabricated for the purpose of carrying out the bio-mining/ processing of legacy waste is functioning satisfactorily.
4. The system could be used to process around 20 to 25 MT/Day of legacy waste, with 8 hours of operation.
5. Around 3000 MT of legacy waste could be processed till 30th June, 2021, provided there is no destruction of activities, due to rain.
6. The detailed study to identify the outfalls, quantify the discharges etc, is commenced. The Final Report could be ready by April, 2021, as planned.
7. Availability of suitable, adequate area of land adjacent to the discharges/ interception points is key in formulating the schemes, in a cost effective manner.43
8. The construction of Fecal STP within the premises of Resource Recovery Centre at Ottupattarai has commenced. However, the same would not prevent the discharge of sewage in the River.
Prayer:
The District Environmental Engineer, Udhagamandalam, a member of the Joint Committee nominated by Tamil Nadu Pollution Control Board, do hereby submitsthis further Action Taken Report, as ordered by this Honourable Tribunal. It is kindly requested that the Honourable National Green Tribunal (SZ) to accept this further Action Taken Report and to pass appropriate orders the Honourable National Green Tribunal (SZ), considers deem and fit on the facts and circumstances of the issue. They have also enclosed the action taken report in this regard.
10.We have also received a further report submitted by the 7 th respondent signed on 1.2.2021 filed on 2.2.2021 which reads as follows:
FURTHER REPORT OF THE Commissioner i/c. Of Coonoor Municipality on the orders OF THE HON'BLE NATIONAL GREEN TRIBUNAL (SZ) DURING THE HEARING HELD ON 04.01.2021, IN O.A. No.:108 OF 2020 (SZ) Background:
As directed by the Hon‟ble National Green Tribunal (SZ) during its hearing on 25.09.2020, the Responses of the District Environmental Engineer, 44 TamilNadu Pollution Control Board, Udhagamandalam on the allegations in the News Paper Report were submitted through e-filing. During the hearing on 04.01.2021, the Hon‟ble National Green Tribunal (SZ) took the responses of Environmental Engineer, TamilNadu Pollution Control Board, Udhagamandalam Record, and made the following orders:
6. The learned counsel appearing for the seventh respondent submitted that some steps are being taken and they have already filed the action plan for remedying the situation. But we have not received the same.
The office is directed to verify and place the same before this Tribunal on the next hearing date. The Pollution Control Board is also directed to file further action taken report for non- implementation of the Solid Waste Management Rules, 2016 in Coonoor Municipality as has been directed by this Tribunal in several earlier cases and also of the non- compliance of the directions given by the Principal Bench of the National Green Tribunal in O.A.No.606 of 2018 before the next hearing date.
7.Even in the report it is mentioned that whatever steps that have being taken by them will only cater to the possibility of treating 60% of the sewage generated in that area. There is no specific action plan for treating the balance sewage of 40% in an effective manner so as to avoid it is being discharged into the river as alleged in the newspaper report.
45. When this was pointed out, the learned counsel appearing for the seventh respondent submitted that he will come with a complete action plan if some time is granted.
9. The Coonoor Municipality as well as Pollution Control Board and also the Committee are directed to submit their report to this Tribunal before the next hearing date viz, 3.2.2021 by efiling at [email protected].
10. The Registry is directed to communicate this order through e-mail immediately to the Members of the Committee, Coonoor Municipality and also the Pollution Control Board so as to enable them to comply with the direction of this Tribunal."
In response, this further report is submitted for the consideration of the Hon‟ble National Green Tribunal (SZ).
"Action taken for remedying the situation as reported in the responses filed.
Action on commercial establishments discharging sewerage directly into river.
Commitments made: Coonor Municipality proposed to undertake a survey of commercial establishments discharging sewage directly into water bodies which shall be completed before 31.12.2020. Proposed to ensure that all commercial establishments shall be prohibited from discharging sewage into water bodies directly before 31.1.2021.46
Action taken: Survey of the commercial establishments discharging sewage into water bodies was completed and 113 establishments were found to be discharging sewerage into water bodies.
After field verification, Coonor municipality issued notices to 109 establishments for directly discharging sewage into water bodies. The replies received are under scrutiny.
Proposed to issue notices for demolition/sealing of such establishments during the first week of February, 2021. Further action will be taken in accordance with law under the provisions of the Prohibition of Employment as Manual Scavengers and their rehabilitation Act, 2013.
Action on households having space but not provided septic tanks and discharging sewage into river directly. Commitments made: Proposed to undertake a survey of households discharging sewage directly into waterbodies which shall be completed before 31.1.2021.
It is proposed that the households not having septic tank shall be made to provide septic tank and soak pit arrangements wherever space is available before 31.3.2021.
Action taken: Survey of the households discharging sewage into waterbodies was completed.47
4719 households are found to be directly discharging sewage into waterbodies.
Field verification is being done and notices are proposed to be served to those households not having a septic tank/soak it but having space.
Coonoor Municipality is committed to complete the task by 31.3.2021.
Alternate means in case of households not having space: Proposed to intercept the sewage outfalls and to provide decentralized treatment systems.
Action plan for preventing the entry of sewage into the river The conventional solution for preventing the discharging of untreated sewage from entering in the waterbodies is providing of under ground sewerage system wherein the sewage generated is collected from the households, convey through sewer lines, taking to intermittent pumping stations then conveying the collected sewage to a centralized location through conveyance main providing sewage treatment plant at the central location treat the sewage and then discharge the sewage.
It is submitted that providing underground sewerage system is not only expensive cumbersome and time consuming but also very difficult to execute in general particularly in the much undulated 48 hilly terrain of Coonoor. Therefore, alternate means were thought off.
After consultation with various stake holders, Coonoor Municipality plans to intercept the sewerage outfalls in the river, divert to a nearby location where adequate land is available for construction of treatment system and discharge the treated sewage back into the river as an alternative to underground sewerage system.
Coonoor municipality has formulated a road map for intercepting the sewage out falls entering into the river and a detailed study is instituted to identify the discharges into the water bodies their quality and quantity availability of space for providing decentralized treatment system, suitable technologies for treatment and to estimate the CAPEX and OPEX for the scheme. The experts have carried out the reconnaissance survey on 29.1.2021 and the detailed investigation also started on 1.2.2021. The final report is anticipated in the first week of April, 2021 and the proposal would be submitted to the Government by the third week of June, 2021. The project after technical and financial approval would be completed in 9 months‟ time. Activity Scheduled time line Present status Instituting a study Second week of Identified and work 49 team to identify the January, 2021 entrusted Outfalls, quantify the same, feasibilities of providing decentralised sewage treatment plants, finalizing the technologies, estimation of CAPEX and OPEX Reconnaisssance Last week of Completed on 29th survey January, 2021 January 2021 Detailed First week of Scheduled to investigation, February, 2021 commence on 3rd collection of samples February, 2021 Analysis of samples Second week of February, 2021 Preliminary report Third week of with viable schemes February, 2021 based on the availability of suitable and 50 adequagte land Draft project report First week of March, 2021 Evaluation of report Third week of and communicating March, 2021 the comments Final report First week of April, 2021 Approval of council First week of June, 2021 Submission of Third week of June, proposal to 2021 Government for approval Completion of the Nine months from schemes the financial approval for the schemes Fecal sludge treatment plant We hereby submit that Coonoor Municipality has already commenced the construction of fecal sludge treatment plant for the treatment of the sludge from septic tanks at a suitable location 51 near municipal resource recovery centre. The works are expected to be completed by December, 2021.
Show cause notice by Pollution Control Board Coonoor Municipality received a show cause notice form District Environment Engineer, TNEB, Nilgiris on 18.1.2021 vide Proc. No.DEE/NLG/O.A.606/2018/NGT/PB/STP/2020-2,dt. 12.1.2021 for non compliance of the orders of NGT,PB.
Coonoor Municipality has sent a detailed reply requesting to drop all the proceedings on levying of environmental compensation for Coonoor Municipality.
Coonoor Municipality hereby submits before the Hon‟ble NGT that Coonoor Municipality with all its constraints and financial crunch it is facing with a view to comply with the order of the NGT take all possible efforts to provide treatment of sewage with a view to ensure that no untreated sewage is reaching water bodies. We Coonoor Municipality hereby categorically undertake that all possible efforts in meeting the time line submitted in the road map would be adhered with and the concerned authorities would be appraised of.
Prayer: Commissioner Coonoor Municipality do hereby submits this further Action taken report as ordered by the NGT. It is kindly requested that the NGT to accept the action taken report and pass 52 appropriate orders the Hon‟ble NGT considers deem and fit on the facts and circumstances of the issue.
It is further prayed that the Hon‟ble NGT may suitably advise the authorities of Tamil Nadu Pollution Control Board to defer all further proceedings on the show cause notice issued vide proceedings dt 12.1.2021 in view of the efforts that are being made by Coonoor Municipality in this regard The authorities of Tamil Nadu Pollution Control Board may also be advised that they may proceed with the process of levying environmental compensation if the time line mentioned in the road map are not adhered with."
11.We have also received a request from the Nodal Agency dated 2.2.2021, requesting two weeks time to submit the compliance report.
12.It is seen from the response of the Coonoor Municipality that due to financial constraint faced by the Municipality, they are not able to carry out the work.
13. It may be mentioned here that the Hon'ble Apex Court, in several cases where financial constraints were shown as the reason for the not implementing certain legal obligations held that, that should not be a ground for not implementing the legal and statutory obligations by the State and its instrumentalities in its letter and spirit so as to achieve the goal that has been 53 expected for implementing such rules. As far as protection of environment is concerned, it is a constitutional obligation on the part of the authorities as required under Article 48-A of the Constitution of India which will have great impact on the health of the people, as providing pollution free health is also part of right to life, as enshrined under Article 21 of the Constitution of India and the financial constraint cannot be a ground for them showing reluctance in discharging their constitutional obligation in protecting environment. They will have to find out the source for such purposes by approaching the Government or by resorting to alternate methods by which this can be implemented in accordance with law.
14. Further, there is an obligation cast on the part of the local bodies under the provisions of the Solid Waste Management Rules, 2016 to deal with the waste generated, both solid and liquid in a scientific manner as provided therein. The implementation of the Solid Waste Management Rules, 2016 is being monitored by the Principal Bench of the National Green Tribunal in O.A.606/2018 by issuing series of directions and directing the Pollution Control Boards to implement the directions in its letter and spirit, including imposition of environmental compensation as provided in one of the orders in tune with a slab provided therein for not implementing the Solid 54 Waste Management Rules, 2016 within the time limit provided in that order.
15. So under these circumstances, the Coonoor Municipality is not entitled to raise the defence of financial constraint for not implementing the social obligation of protecting environment for which purpose the Solid Waste Management Rules, 2016 has been enacted. Further, longer time line is provided. The pollution continued for such a period will have great impact on the environment and affecting the health of the people. So they will have to formulate a shorter time line along with the temporary method by which the issue is going to be resolved till a permanent solution takes place.
16. So under these circumstances, we direct the Coonoor Municipality to come with a proper action plan with a shorter and longer time line to resolve the issue permanently before the next hearing date.
17. The Committee is also directed to submit their further progress report and action taken report to this Tribunal on or before 5.4.2021 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.
55
18. The Registry is directed to communicate this order to the members of the committee as well as the official respondents, including Coonoor Municipality by e-mail immediately so as to enable them to comply with the directions of this Tribunal For consideration of further progress report and action taken report, post on 5.4.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.108/2020 3.2. 2021 Kkr