National Green Tribunal
Subrata Debnath vs State Of Tripura on 9 February, 2023
Item No.07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.97/2022/EZ
In the matter of:
SUBRATA DEBNATH
Late Jagadish Debnath,
Residing at Dalura, Khayerpur, and
Post Office - Khayerpur,
Police Station: Bodhjungnagar,
District - Tripura West,
Pin - 799008
....Applicant(s)
Versus
1. The State of Tripura,
Service through the Chief Secretary
Having its office at New Secretariat Complex,
P.O. Secretariat,
Agartala,
West Tripura,
Pin - 799010
2. The Principal Secretary, Government of Tripura,
Department of Science, Technology & Environment,
Vigyan Prajukti O Paribesh Bhawan,
P.N. Complex,
Gokhabasti,
Agartala,
West Tripura,
Pin - 799006
3. The Tripura Pollution Control Board
Service through the Member Secretary,
Having its office at - Paribesh Bhawan,
Pandit Nehru Complex,
P.O. Kunjaban, Gorkhabasti,
Agartala, Tripura,
Pin - 799006
4. Urban Development Department,
Government of Tripura,
Service through the Secretary,
5th Floor of Secretary U.D. Bhawan,
Sakuntala Road, Near Rabindra Bhawan Agartala Tripura (W),
Pin - 799001
5. The Municipal Commissioner,
Agartala Municipal Corporation,
1
Head Office City Centre Complex,
Paradise Chowmuhani, Agartala,
Pin - 799001
6. Ministry of Environment, Forest & Climate Change,
Service through Secretary,
Having its office at 2nd Floor, Agni Block,
Indira Paryavaran Bhawan,
Jorbagh Road,
New Delhi - 110 003
7. Central Pollution Control Board,
Service through Chairman,
Having its office at Parivesh Bhawan,
East Arjun Nagar,
Delhi - 110 032
8. District Magistrate, West Tripura,
Agartala,
Pin - 799001
....Respondent(s)
Date of hearing: 09.02.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLEDR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) :Mr. Dipankar Saha, Advocate a/w
Ms. Paushali Banerjee, Advocate
For Respondent(s) :Mr. Arnab Ray, Adv. for R-3,
Mr. Apurba Ghosh, Adv. for R-6 (in Virtual Mode),
Mr. Surendra Kumar, Adv. For R-7, (in Virtual Mode),
Mr. Ashok Prasad, Adv. for R-8,
ORDER
1. Mr. Dipankar Saha, learned Counsel assisted by Ms. Paushali Banerjee, learned Counsel is present on behalf of the Applicant.
2. Affidavit dated 23.12.2022 has been filed on behalf of the Applicant; the same is taken on record.
3. Affidavit dated 31.01.2023 has been filed on behalf of the Respondent No.3, Tripura State Pollution Control Board; the same is taken on record.
4. We have heard the learned Counsel for the parties and perused the documents on record.
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5. This Original Application has been filed by the Applicant on the allegation that the Agartala Municipal Corporation has established a Dumping Ground in the name of 'Waste Processing Center' with the object of processing waste materials and garbage of the city of Agartala. It is also alleged that the siting area is wrong as it is very close to the residential area where the Applicant resides along with hundreds of other persons and there is a residential premises of the local tribal community, a government primary school and open agricultural lands of the locality and the said Dumping Site is adjacent to the Indian Oil Gas Bottling Plant.
6. It is also alleged that garbage is being burnt in the open causing severe air pollution thereby making it hazardous to the life of the local residents. Smoke, stench and obnoxious odour also emanates from the dumping ground located at Debendra Chandra Nagar.
7. It is also alleged that the Municipal Solid Waste Management and Handling Rules 2000, and other environmental laws as well as Solid Waste Management Rules 2016, have not been complied with. The photographs which have been filed in support of the Original Application from pages 24 to 45 present a dismal picture of the entire landscape caused solely due to the untreated municipal solid waste.
8. At the time of admission, the Tribunal constituted a Committee comprising of the following Members:-
(i) Senior Scientist from Central Pollution Control Board; Regional Office, Shillong;
(ii) Senior Scientist from Tripura Pollution Control Board;
(iii) District Magistrate, Agartala or his representatives not below the rank of Additional District Magistrate, Agartala;3
(iv) Municipal Commissioner, Agartala Municipal Corporation.
9. The Committee was directed to visit the site in question and carry out an inspection and thereafter submit its report on affidavit with regard to the issues relating to environmental violations including whether the Siting Criteria and Bio-mining procedures have been adopted and whether segregation of waste has been carried out. The Committee was also directed to report on how much of legacy waste is there at the dumpsite and how much of it has been processed/bio-mined and what steps have been taken by the Agartala Municipal Corporation to dispose of the solid and liquid wastes including plastic and e-waste. The Committee was also directed to assess the Environmental Compensation on account of damage caused to the environment and also suggest remedial measures to rectify the situation.
10. The Tripura State Pollution Control Board, Respondent No.3, has filed affidavit dated 29.08.2022, bringing on record the Inspection Report of inspections carried out on 06.08.2022, 08.08.2022, 09.08.2022 and 11.08.2022 respectively. Relevant extract of the Report reads as under:-
"REPORT ON THE PRESENT STATUS AND OTHER
ENVIRONMENTAL ISSUES OF THE SOLID WASTE
MANAGEMENT PLANT LOCATED AT DEBANDRA CHANDRA NAGAR AND ITS PERIPHERAL AREA IN WEST TRIPURA DISTRICT SUBMITTED BY THE TEAM OF TRIPURA STATE POLLUTION CONTROL BOARD CONSTITUTED VIDE OFFICE ORDER NO.
F.18(28)/TSPCB/NGT/97/S6485-91 DATED 05.08.2022 ................xxxx................xxxx..............xxxx....................... 4
"5. Field Visit and Observation:
In order to assess the present status and other Environmental issues of the Solid Waste Management Plant located at Debandra Chandra Nagar and its Peripheral Area, the team constituted by TSPCB comprising of the following Scientific and Technical Official has been visited on 06.08.2022, 08.08.2022, 09.08.2022 and 11.08.2022 respectively and observed the following-
i) During visit, it has been observed that considerable quantity of untreated Solid Waste have been kept in an open area within the boundary premises of the Solid Waste Management Plant.
ii) The existing Solid Waste Processing Plant has segregation, composting and sanitary landfill facility. The necessary machineries have been installed in the plant for segregation, material recovery, composting and disposal of Municipal Solid Waste.
Presently, AMC has the mechanism for door to door waste collection through women Self help Groups and collected Municipal Solid Waste from the Agartala City has been stored in the plant for manual segregation. In the segregation sector, recyclable waste such as plastic items, iron scraps, glass bottles are sorted out annually from the Municipal Solid Waste and handled over to recyclers/vendors. Nominal quantity of leachate is being generated from the existing legacy wastes.
iii) During inspection, it has been observed that the Composting Facility Centre of the Solid Waste Processing Plant is in non-functional condition. The workers of the engaged agency were found to repairing the various components of the Compost Plant. Approximately 100MT compost are found kept inside the plant.
iv) As informed by AMC officials, the Agartala Municipal Corporation had engaged an agency, namely, M/s. Proton Enviro Solutions Pvt. Ltd. in the year 2013 for operation & maintenance of Solid Waste processing Plant at DC Nagar. Due to the legal intervention in the Hon'ble High Court & district Court as appealed by the engaged operator, the 5 operation and maintenance works were not carried out for last few years.
Presently, M/s. Mandy Enterprises, a joint venture firm, has been engaged by AMC for operation and maintenance of the Solid Waste Processing Plant for collected solid waste on day to day basis. Apart from that, the National Environmental engineering Research Institute (NEERI), Nagpur, Maharashtra has been engaged for quantification of legacy waste available in the site and also to study the present status of the site.
v) The Government of Tripura vide Notification No.F.11(49)/DSTE/CC/Pt-I/3382-3414 dated 05.05.2017 notified that no person or body including local body, any agency, organization, concessionaire etc., shall be allowed open burining of waste on lands, including at landfill sites in the whole State of Tripura. And for each such default, the violators shall be liable to pay Environmental Compensation. This notification has been issued to combat air pollution throughout the State. During visit at Debendrachandra Nagar Solid Waste Processing Plant, no such evidences of waste burning have been noticed.
vi) Apart from municipal solid wastes, no other wastes have been found in the said solid waste processing site.
vii) Adequate natural plantation has been observed surrounding the Debendrachandranagar Solid Waste Processing Plant.
6. Environmental Monitoring (Water, Air & Noise):
A. Groundwater Quality Monitoring:
Analytical Results of Groundwater Samples Collected in and around the Debendrachandranagar Solid Waste Processing Site, Tripura West.
Sl. Parameters S-1 S-2 S-3 S-4 Standards No. (BIS, 2012) 1. pH 6.52 6.69 6.51 6.56 6.5-8.5 2. Conductivity (µS/cm) 43.9 124.8 69 39.3 - 3. TDS (mg/l) 21.9 62.4 34.5 19.6 500 4. Turbidity (NTU) 4.68 4.27 2.47 2.63 5 5. Chlorides (mg/l) 23.1 23.1 25.3 28.8 250 6. Total Hardness (mg/l) 90.2 70.2 50.5 20.3 200 6 7. Sulphate (mg/l) 6.52 5.86 7.08 6.24 200 8. Chromium (as Cr+3) BDL BDL BDL BDL 0.05 9. S Cadmium (mg/l) BDL BDL BDL BDL 0.01 10. Lead (mg/l) BDL BDL BDL BDL 0.05 i 11. Iron (mg/l) 0.07 0.07 0.05 0.06 0.3 12. t Arsenic (mg/l) BDL BDL BDL BDL 0.01 *BDL (Below Detectable Limit) Site of Collection: S-1: North side of Debendrachandranagar dumping site,
Agartala (Residence of Sri Jagadish Debbarma) S-2: North side of Debendrachandranagar dumping site, Agartala (Residence of Sri Ranjit Kal) S-3: North East side of Debendrachandranagar dumping site, Agartala (Residence of Sri Sarabjit Thapa) S-4: North East side of Debendrachandranagar dumping site, Agartala (Residence of Sri Karna Bahadur Singh) Materials and Methodology:
Four groundwater samples were collected in and around the Debendrachandranagar dumping site, Agartala on 06.08.2022 for the analysis of different physical & chemical parameters. Samples were analyzed in the laboratory of TSPCB using the standard methods given in APHA, 2012 (American Public Health Assocaition,2012).
Observations:
From the result table, it has been observed that, all the analytical parameters of collected ground water samples were within the prescribed standard of BIS (Bureau of Indian Standard, 2012).
B. Ambient Air Quality Monitoring:
Ambient Air Quality Data at Debendrachandranagar Solid Waste Processing Site, Tripura West Pollutants Time S-1 Standards Methods of weighted (CPCB, measurement Average 2009) Particulate Matter 24 Hours 21.5 100 Gravimetric (PM10), µg/m3 Particulate Matter 24 Hours 14.9 60 Gravimetric (PM2.5), µg/m3 Sulphur Dioxide 24 Hours 2.15 80 Improved West and (SO2), µg/m 3 Geake Nitrogen Dioxide 24 Hours 5.62 80 Jacob & (NO2), µg/m 3 Hochheiser 7 Materials and Methodology:
The air quality monitoring was conducted on 08.08.2022 for 24 hours inside the Debendrachandranagar solid Waste Processing Site. The sampling procedures for measurement of PM-2.5,PM- 10, NO2, SO2 were made according to the internationally accepted standard technique through use of Respirable Dust Sampler (RDS) with gaseous sampling attachments and PM-2.5 Sampler manufactured by M/s Environtech Instruments PVT. LTD. New Delhi.
Observations:
From the result table it has been observed that the measured concentration of Respirable Particulate Matter (PM-10), Fine Particulate Matter (PM-2.5), SO2 and NO2 is well within the prescribed standard limit of CPCB (Central Pollution control Board, 2009).
C. Noise Level Monitoring:
Monitoring Location : Debendrachandranagar Solid Waste
Processing site, Tripura (W)
Date of Monitoring : 06/08/2022
Time of Monitoring : 12.00 PM to 2.00 PM
Type of Sample : Ambient Noise
Noise Meter Model No.: Lutron SL-4001, Class-2 Major Source(s) during Monitoring: Vehicular movements Other Noise Source(s) during monitoring: NA Monitoring Results Sl. Sampling Location Distance Leq Standards No. from the dB(A) Db(a) Leq dumping (day time) site 1. Inside the Debendra NA 43.7 55 Chandra Nagar dumping site 2. In front of the house of Sri 150 41.8 55 Balai Munda (North West meter side of dumping station (approx) 3. In front of the house of Sri 800 42.5 55 Jagadish Debbama (North meter side of dumping station) (approx) 4. In front of the 600 38.4 55 Malabati Para High meter School (approx) Observations:
From the monitoring results it has been observed that, the noise level in and around the Debendrachandra Nagar Solid Waste 8 Processing site is within the prescribed standard limit of Ambient Air Quality in respect of noise (55dB) of CPCB (rule 3(1) & 4(1) at day time in respect of residential area.
7. Steps to be taken to ensure an environmentally safe waste processing facility in Debandra Chandra Nagar Solid Waste Processing Plant:
(i) Agartala Municipal Corporation shall take necessary steps for proper disposal of the Municipal Solid Waste in a scientific manner as per the Solid Waste Management Rules, 2016.
(ii) Agartala Municipal Corporation should ensure to develop additional green belt preferably three tire plantation with a width of 10(ten) meter surrounding the boundary.
(iii) Treatment & disposal of the existing legacy wastes shall have to be done as per the guidelines of the Central Pollution Control Board.
(iv) A display board should be installed at the entrance gate of the Municipal Solid Waste Processing site to provide daily information of the quantity of MSW received and treated per day.
(v) Agartala Municipal Corporation shall provide firefighting equipment in Debendrachandra Nagar Solid Waste Processing site.
(vi) Transportation of Municipal Solid Waste should be done in covered vehicles and preferably in night times.
(vii) The solid waste collected from the city must be stored in an impermeable HDPE, liner before segregation and further processing to avoid any leachate generation and contamination of ground water.
(viii) The pre process and post process rejected items must be removed from the processing facility on regular basis."
11. The District Magistrate, West Tripura District, Respondent No.8, has filed affidavit dated 28.10.2022. Along with this affidavit, a Report of the Committee constituted by the Tribunal has been filed as Annexure-R (page no. 223 onwards). The Present Status of the Site as well as the Remarks and Suggestions of the Committee read as under:-
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"Report of the Committee constituted by the State Govt. of Tripura as per the direction of Hon'ble National Green Tribunal (NGT), Eastern Zone Bench, Kolkata in OA No. 97/2022/EZ of 2022 filed by Sri Subrata Debnath Applicant Vs. State of Tripura & Others (Respondents) .................xxxx..............xxxx...............xxxx.....................
6. PRESENT STATUS OF THE SITE
a) The Committee on the day of site visit (20/08/2022) noted that activities were carried out by Agartala Municipal Corporation for fresh waste processing and around 100 MT of Compost are found lying in the site.
b) A joint venture firm namely Mandy Enterprises has been selected by Agartala Municipal Corporation for O & M of the site in the Month of April 2022. The agency has taken over the site from AMC and deployed his manpower to make the Compost Plant functional with different allied infrastructure in compliance with SWM Rules of 2016. During inspection day, workers of the said firm found to be working in repairing and repairing of the existing trommel, conveyor belts, development of material recovery facility, designated windrow tipping floor, re-
installation of weigh bridge with CCTV surveillance for live data monitoring. These are the new initiatives found in the site for fresh waste processing.
c) All reports and records indicated that the Compost Plant and other allied infrastructures were not operating since last few years due to the legal intervention by the Hon'ble High Court as well as District Court on the basis of appeal of the terminated firm which was previously engaged by Agartala Municipal Corporation for O & MN of the site.
d) The Committee has noted that legacy waste of large quantity available in the site. From the documents it is revealed that Agartala Municipal Corporation has already engaged National Environmental Engineering Research Institute (NEERI), Nagpur for site study and quantification of legacy waste.
7. APPROACH ADOPTED BY THE COMMITTEE 10 Based on the orders of the Hon'ble NGT (EZ) the committee formed by the State Govt. has met on the site dated 20/08/2022 at 3.30 pm along with all concerned of Agartala Municipal Corporation, Tripura State Pollution Control Board with all available records and data. Adjacent area has also been visited by the Committee members along with all concerned to ascertain the facts in matter.
8. KEY ISSUES RAISED IN THE COMPLAINT AND REMARKS OF THE COMMITTEE
a) The Municipal Dumping ground without compliance of any mandatory safety or statutory regulation or direction as given by Hon'ble NGT.
Remarks of the Committee:
From the documents produced by the concerned of the Agartala Municipal Corporation it is revealed that the Waste Processing Site at Debendra Chandra Nagar along with Compost Plant and Other allied infrastructure was established obtaining necessary Clearance and Consents Certificate including Authorization from SEIAA and TSPCB respectively and NOCs from line Department.
b) Lack off any treatment and proper routing causing pollution to the nearby Habitation, Schools, Agricultural Lands.
Remarks of the Committee:
No Habitation, Schools, Agricultural Land were found in the Buffer Zone.
c) Contamination of Ground Water and Air Pollution by the Waste Processing Plant.
Remarks of the Committee:
Since no water body was found within 200 m of the plant so surface water monitoring was not carried out by the TSPCB as informed. However, Air, Noise and Ground Water monitoring was done by the Board.11
During Inspection, Green belt as Natural vegetation was found at the periphery of the Waste Processing Plant.
d) Existence of IOCL- Bottling Plant within Buffer Zone.
Remarks of the Committee:
No such establishment was found within the vicinity and Buffer Zone of the Waste Processing Plant.
e) Burning of Legacy Waste.
Remarks of the Committee:
No such activity was found during inspection. However Legacy Waste of large quantity was found as AMC could not take up any necessary steps due to legal intervention by the Hon'ble High Court as well as District Court. However, in the recent development AMC has submitted Petition to the District Court to vacate the stay Order and allow AMC to proceed with the continuation of the steps taken for processing of fresh waste and bio-mining/ bio-remediation of legacy waste. Agartala Municipal Corporation has already engaged a new agency for the above scope of work. National Environmental Engineering Research Institution (NEERI), Nagpur has been engaged for site study and Quantification of Legacy Waste.
f) Segregation of Waste.
Remarks of the Committee:
During Inspection it was found that segregation of Solid Waste has been partially carried out. The recyclable items such as plastic items, iron scrap, glass bottles etc. are segregated manually from the collected Municipal Solid Waste. After segregation, Recyclable wastes are transported to the Material Recovery Facility (MRF) at Chandaniya Mura, Barjala. Regarding Liquid Waste there is separate management of AMC and the said waste is transported to the STP where Co- treatment is done. There is no Liquid Waste being transported to D.C Nagar. Leachate generated from the Legacy Waste in the site is very nominal. However, there is a complete redressal system which is being established to handle leachate generated during Operation & Maintenance of the site by the Agency 12 newly engaged. No such e-waste was found in the dumping site which are managed separately by authorized E-waste Collection Centre.
These apart, during visit illegal diversion of land was found in progress within the buffer zone.
9. SUGGESTION OF THE COMMITTEE
1) AMC shall have to focus on source segregation with 100% efficiency to minimize the waste being transported to D.C Nagar Plant.
2) The plant has to be made operational by 20th September, 2022 along with proper monitoring by installing ICT based CCTV surveillance system.
3) AMC shall have to transport waste in covered vehicle.
4) More Plantation and Mixed vegetation shall have to be done by AMC surrounding the periphery of the site which will act as barrier.
5) Diversion of land within the buffer zone shall not be carried out under any circumstances."
12. The Central Pollution Control Board, Respondent No.7, has also filed affidavit dated 12.09.2022, stating therein that the Joint Committee constituted by the Tribunal has inspected the Waste Processing Disposal Site at Debendra Chandra Nagar, Agartala, on 20.08.2022. The Committee Report has already been extracted hereinabove.
13. A further affidavit dated 31.01.2023 has been filed on behalf of the Respondent No.3, Tripura State Pollution Control Board, wherein it is stated that pursuant to the directions of the Tribunal dated 03.01.2023, the Inspecting Team has again visited the Solid Waste Processing Plant at Debendra Chandra Nagar on 13.01.2023 and 13 17.01.2023. The copy of the Report has been filed along with the affidavit (page no. 238 onwards), which reads as under:-
"REPORT ON THE PRESENT STATUS OF FUNCTIONING AND OTHER ENVIRONMENTAL ISSUES OF THE SOLID WASTE MANAGEMENT PLANT LOCATED AT DEBANDRA CHANDRA NAGAR AND ITS PERIPHERAL AREA IN WEST TRIPURA DISTRICT SUBMITTED BY THE TEAM OF TRIPURA STATE POLLUTION CONTROL BOARD CONSTITUTED VIDE OFFICE ORDER NO.F.18(28)/TSPCB/NGT/97/S/6485-91 DATED 05.08.2022 AND NO.F.18)(28)/TSPCB/NGT/97/S/150-57 DATED 12.01.2023 IN COMPLIANCE WITH THE DIRECTION DATED 03.01.2023 OF THE HON'BLE NATIONAL GREEN TRIBUNAL, EZ IN OA NO.97/2022/EZ IN THE MATTER OF SUBRATA DEBNATH VS STATE OF TRIPURA & OTHERS ..............xxx.............xxx.............xxx..................xxx............
3. About the Solid Waste Management Plant:
The Solid Waste Management Plant located at Devendra Chandra Nagar, Agartala, West Tripura is an existing Solid Waste Processing, Treatment & Disposal site operated by Agartala Municipal Corporation (AMC). Agartala Municipal Corporation (AMC) is the Nodal Agency for executing Solid Waste Management infrastructure in the city of Agartala. The AMC has proposed an integrated Solid Waste Management Plant/Processing facility at Devendra Chandra Nagar over an area of 56.83 acres. The main objective of the establishment of waste processing site is for scientific processing and disposal of the solid waste by the local bodies in compliance with the Solid Waste Management Rules, 2016.
The total capacity of this Solid Waste Management Plant is 250 MTPD with composting facility. The Solid Waste Management Plant located at Devendra Chandra Nagar, Agartala, West Tripura has mainly three sector namely Segregation Sector, Composting Facility Sector and Sanitary Landfill Sector.
4. Documental Evidences:14
4.1) Consent to Establish and Operate Certificate under the Water and Air Act:
The Solid Waste Processing Plant located at Devendra Chandra Nagar, Agartala, West Tripura is an existing Solid Waste Processing, Treatment & Disposal Facility operated by Agartala Municipal Corporation. The Solid Waste Processing Plant has obtained Consent to Establish & Operate Certificate under Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 with validity upto 17.01.2025.
4.2) Authorization under Solid Waste Management Rules, 2016:
The Solid Waste Processing Plant had obtained its 1st Authorization on 06.07.2012 under the Municipal Solid Wastes (Management & Handling) Rules, 2000 with validity upto 30.06.2015. Authorization under Solid Waste Management Rules, 2016 has been renewed with validity up to 19.01.2025 from the Tripura State Pollution Control Board.
4.3) Environmental Clearance (EC):
The Solid Waste Processing Plant located at Debandra Chandra Nagar, Agartala, West Tripura has also obtained Environmental Clearance (EC) from the State Environment Impact Assessment Authority (SEIAA), Tripura.
4.4) Operation and Maintenance of the Waste Disposal Site:
Vide Order No.F.601/Mech. Div./AMC/2022/11-17 dated 01.04.2022, the Agartala Municipal Corporation has engaged M/s Mandy Enterprise, New Delhi for processing of fresh waste transported by AMC daily including operation and maintenance of all allied infrastructure in site compliance with Solid Waste Management Rules, 2016 at Devendra Chandra Nagar Waste processing Plant.
4.5) Work Order on Quantification and Status of the Existing Legacy Waste:
Vide Order F.No.458/Mech. Div/AMC/2019/P- I(Shadow)/3289-92 dated 25.07.2022, the Agartala Municipal Corporation has issued Work Order in favour of the National 15 Environmental Research Institute (NEERI) for studies on quantification and status of the existing condition of Legacy Waste at Devendra Chandra Nagar Waste Processing Site of Agartala Municipal Corporation.
4.6) Estimation of Legacy Waste:
Based on the site inspection and survey conducted for the quantification of the legacy waste, the National Environmental Research Institute (NEERI) has submitted its report on December, 2022. It was estimated by NEERI that legacy waste in DC Nagar dumpsite is 3,32,249.50 tonnes (302045 cu.m).
4.7) Notification on Buffer Zone (No Development Area):
Vide Notification F.No.551/Mech.Div/AMC/ 2020/7738 (A)-7738(J) dated 25.02.2022, the Urban Development Department, Government of Tripura has notified Buffer Zone of "No Development Area" around the Solid Waste Processing and Disposal Facility of Agartala Municipal Corporation located at Devendra Chandra Nagar, West Tripura District.
4.8) Biomining/Bioremediation of the Existing Legacy Wastes:
Vide No.F.458/Mech.Div/AMC/2019/Part-I/8057(A)- 8057(E) dated 11.01.2023, the AMC has engaged M/s Mandy Enterprise, New Delhi for Biomining/ Bioremediation of the existing legacy waste at Devendra Chandra Nagar.
5. Field Visit and Observation:
In order to assess the present status and other Environmental issues of the Solid Waste Management Plant located at Devendra Chandra Nagar and its Peripheral Area, the team constituted by TSPCB comprising of the Scientific and Technical Officials have visited on 13.01.2023 and 17.01.2023 respectively and observed the following-
i) The existing Solid Waste Processing Plant has segregation, composting and sanitary landfill facility. The necessary machineries have been installed in the plant for segregation, material recovery, composting and disposal of Municipal Solid Waste. During the inspection, the Solid Waste Management Plant located at Devendra Chandra Nagar is found in functional condition. The operator namely M/s Mandy Enterprise, New 16 Delhi has started the operation of the plant. The material recovery Centre/unit inside the Plant is also found functional.
The weighing bridge has the provision of quantification of municipal solid waste transported in the plant and the said information/data are being managed through an application namely "Weigh Bridge Management App". Recyclable waste such as plastic items, iron scraps, glass bottles are sorted out semi-mechanically from the Municipal Solid Waste and sold to recyclers/vendors. Nominal quantity of leachate is being generated from the existing legacy wastes. As informed by the Manager of the Plant Sri Gopesh Bhowmik, the non-recyclable plastic carry bags are kept separately for onward selling to Cement Factories. Moreover, AMC has the mechanism for door to door waste collection through women self Help Groups and collected Municipal Solid Waste from the Agartala City are being transported in the Devendra Chandra Nagar Solid Waste Management Plant.
ii) The Compostable wastes are being kept for drying and the workers of the engaged agency has been found to be working on the various components of the composting process.
iii) The National Environmental Engineering Research Institute (NEERI), Nagpurm, Maharashtra has been engaged by the AMC for quantification of legacy waste available in the site and also to study the present status of the site. Accordingly, the NEERI has quantified the legacy waste present in Devendra Chandra Nagar Solid Waste Processing area. As per the report of the National Environmental Research Institute (NEERI), it was estimated that legacy waste in DC Nagar dumpsite is 3,32,249.50 tonnes (302045 cu. m).
iv) The AMC has engaged M/s Mandy Enterprise, New Delhi for Biomining/Bioremediation of the existing legacy waste at Devendra Chandra Nagar.
v) The Urban Development Department, Government of Tripura has notified Buffer Zone of "No Development Area" around the Solid Waste Processing and Disposal Facility of Agartala Municipal Corporation located at Devendra Chandra Nagar, West Tripura District.
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vi) No trace of burning of waste has been noticed during inspection. However, the Government of Tripura vide Notification No.F.11(49)/DSTE/CC/Pt-I/3382-3414 dated 04.05.2017 notified that no person or body including local body, any agency, organization, concessionaire etc. shall be allowed open burning of waste on lands, including at landfill sites in the whole State of Tripura. And for each such default, the violators shall be liable to pay Environmental compensation. This notification has been issued to combat air pollution throughout the State.
vii) Apart from municipal solid wastes, no other wastes have been found in the said solid waste processing site.
viii) Adequate natural plantation has been observed surrounding the Debendrachandranagar Solid Waste Processing Plant.
6. Environmental Monitoring (Water, Air & Noise) :
A. Groundwater Quality Monitoring:
Analytical Results of Groundwater Samples Collected in and around the Devendra Chandra Nagar Solid waste Processing Site, Tripura West.
SL Parameters S-1 S-2 S-3 S-4 Standards Remarks
No. (BIS, 2012)
1. pH 6.21 6.33 6.49 6.36 6.5-8.5 All the
2. Conductivity 57.80 141 79 45.80 - parameters
(µS/cm) are found
3. TDS (mg/l) 30.60 70.70 49.60 25.90 500 within
4. Turbidity (NTU) 5.11 4.94 3.36 3.19 5 prescribed
5. Chlorides (mg/l) 25.80 29.30 28.60 29.90 250 standard.
6. Total Hardness 80.80 60.60 60.60 40.50 200
(mg/l)
7. Sulphate (mg/l) 7.12 6.99 7.50 6.59 200
8. Chromium (as BDL BDL BDL BDL 0.05
Cr+3)
9. Cadmium (mg/l) BDL BDL BDL BDL 0.01
10. Lead (mg/l) BDL BDL BDL BDL 0.05
11. Iron (mg/l) 0.11 0.09 0.08 0.08 0.30
12. Arsenic (mg/l) BDL BDL BDL BDL 0.01
*BDL (Below Detectable Limit)
Site of collection:
S-1: North side of Devendra Chandra Nagar dumping site, Agartala (Residence of Sri Jagadish Debbarma) S-2: North side of Devendra Chandra Nagar dumping site, Agartala (Residence of Sri Ranjit Kal) 18 S-3: North East side of Devendra Chandra Nagar dumping site, Agartala (Residence of Sri Sarabjit Thapa) S-4: Northe East side of Devendra Chandra Nagar dumping site, Agartala (Residence of Sri Karna Bahadur Singh) Materials and Methodology:
Four groundwater samples were collected in and around the Devendra Chandra Nagar dumping site, Agartala on 13.01.2023 for the analysis of different physical & chemical parameters. Samples were analyzed in the laboratory of TSPCB using the standard methods given in APHA, 2012 (American Public Health Association, 2012).
Observations:
From the result table, it has been observed that, all the analytical parameters of collected ground water samples were within the prescribed standard of BIS (Bureau of Indian Standard, 2012).
B. Ambient Air Quality Monitoring:
Ambient Qir Quality Data at Devendra Chandra Nagar Solid Waste Processing Site, Tripura West Pollutants Time S-1 Standards Methods of Remarks Weight (CPCB, Measurement ed 2009) Average Particulate All the 24 matter (PM10), 61.20 100 Gravimetric parameters Hours µg/m3 are found Particulate within 24 matter (PM2.5 ), 58.30 60 Gravimetric prescribed Hours µg/m3 standard.
Sulphur
24 Improved West
Dioxide (SO2), 3.72 80
Hours and Geake
µg/m3
Nitrogen
24 Jacob &
Dioxide (NO2), 8.39 80
Hours Hochheiser
µg/m3
Materials and Methodology:
The air quality monitoring was conducted on 17.01.2023 for 24 hours inside the Devendra Chandra Nagar Solid waste processing site. The sampling procedures for measurement of PM-2.5, PM-10, NO2 and SO2 were made according to the internationally accepted standard technique through use of Respirable Dust Sampler (RDS) with gaseous sampling 19 attachments and PM-2.5 Sampler manufactured by M/s Environtech Instruments PVT. LTD., New Delhi.
Observations:
From the result table, it has been observed that themeasured concentration of Respirable Particulate Matter (PM-10), Fine Particulate Matter (PM-2.5), SO2 and NO2 is well within the prescribed standard limit of CPCB (Central Pollution Control Board, 2009).
C. Noise Level Monitoring:
Monitoring Location : Devendra Chandra Nagar Solid Waste Processing Site, Tripura (W) Date of Monitoring : 17/01/2023 Time of Monitoring : 12.00 PM to 2.00 PM Type of sample : Ambient Noise Noise Meter Model No : Lutron SL-4001, Class-2 Major Source(s) during monitoring: Vehicular movement and operation of Solid Waste processing Plant including human gathering.
Other Noise Sources(s) during monitoring: NA Monitoring Results:
Sl. Sampling location Distance Leq Standards
No. from the dB(A) dB(A) Leq
dumping (Day time)
site
1. Inside the Devendra NA 63.40 55 All the
Chandra Nagar parameters
dumping site are found
2. In front of the house 150 meter 45.20 55 within
of Sri. Balai Munda (approx) prescribed
(North West Side of standard
dumping station) except one
3 In front of the house 800 meter 48.20 55 occasion/spot
of Sr. Jagadish (approx)
Debbama (North side
of dumping station)
4. In front of the 600 meter 40.50 50
Malabati Para high (approx)
School
Observations:
From the monitoring results it has been observed that, the noise level in and around the Devendra Chandra Nagar Solid Waste Processing Site is within the prescribed standard limit of Ambient Air Quality standard in respect of noise (55dB) of CPCB [Rule 3(1) & 4(1)] at day time in respect of residential area."20
14. A perusal of this Report shows that the Agartala Municipal Corporation has issued work order on 25.07.2022 in favour of the National Environmental Engineering Research Institute (NEERI) for studies on quantification and status of the existing condition of legacy waste at Debendra Chandra Nagar Waste Processing Site at Agartala and it was estimated by the NEERI that legacy waste in Debendra Chandra Nagar dumpsite is 3,32,249.50 tonnes (302045cum).
15. The Report further mentions that the Urban Development Department, Government of Tripura, has notified Buffer Zone of 'No Development Area' around the Solid Waste Processing and Disposal Facility of Agartala Municipal Corporation located at Debendra Chandra Nagar, West Tripura District.
16. The Report also mentions that the Agartala Municipal Corporation has engaged one M/s Mandy Enterprise, New Delhi, for Bio-
mining/Bio-remediation of the existing legacy waste at Debendra Chandra Nagar.
17. The Annexure-VIII (page no. 289 of the paper book), filed along with the affidavit further shows at page no. 294 of the paper book, that the dumping management practice at Debendra Chandra Nagar dumpsite was started in 2012 and is being used by five Urban Local Bodies (ULBs), namely, Agartala, Mohanpur, Bishalgarh, Ranirbaar and Jirania, for treatment and disposal of solid waste. At present the total waste material of these cities is dumped on this site where a sanitary landfill site has been developed (but is not in operation) approximately 12 kilometers away from the Agartala city. The said dumpsite is in a hilly region surrounded by hills, small grasses, bushes, rubber and wind break tree plantation. The height 21 of the tilla top is about 39 meters from the Mean Sea Level (MSL). The average soil permeability is about 5cm to 10m/s which is higher than that required by the Solid Waste Management Rules, 2016.
18. Further, the Report (at page no. 295 of the paper book), mentions that that there is infrastructure available for Material Recovery Facility (MRF) but the same is not in operation. The site also has a weighbridge facility for estimation of incoming quantity of municipal solid waste but it is also not in working condition. All the collected waste used to be dumped openly on the land which has resulted in formation of four heaps. There are gaps between the heaps so that rainwater can pass through the gaps easily.
19. The quantification study of the legacy waste, based on site investigation and survey, has given certain conclusion and recommendations (page no. 308 of the paper book), which read as under:-
"Report on Quantification of Legacy Waste at DC Nagar Waste Processing Site, Agartala"
..................xxx.............xxx...............xxx.....................
8. Conclusion and Recommendations Based on the site investigation and survey conducted for the quantification of the legacy waste, it can be concluded that bioremediation is needed. The estimated legacy waste in DC Nagar dumpsite is 3,32,249.5 tonnes (302045 cu.m). Based on the estimated quantity, proper contract should be made with contractual clarity for seamless operations. Preparing and getting all stakeholders' acceptance from a thorough operational plan that includes the work process flow and schedules as per planned DPR is necessary. Dumping fresh waste must be separated from biomining and should not mix with legacy 22 waste. Leachate drips out due to the opening up of legacy trash, and it must be appropriately collected and handled. The aeration process of legacy waste helps to reduce the leachate. Stakeholders must work on Fire Control, Safety and environmental compliance throughout the biomining process. Stakeholders must manage issues related to odor and dust since they are hazardous to employees and adjacent residents. This is done by stabilizing the garbage and often sprinkling the waste heaps with bio-culture solutions. Recovered material must be put to use to make bio-remediation economically viable. Recovered materials, such as plastic, textile and metals can be sold. However, C&D waste can be used as filler in construction activity. Recovered bio-earth can be used to enhance land fertility or given to the farmers after proper treatment, including improving quality as per FCO standards and removing microplastics."
20. Annexure-XI (page no. 318 of the paper book), is a work order dated 11.01.2023 issued by the Municipal Commissioner, Agartala Municipal Corporation to M/s Mandy Enterprise, wherein a direction has been issued to proceed with the execution of Bio- mining/Bio-remediation of the legacy waste at Debendra Chandra Nagar Dumpsite within seven days on signing of the contract.
21. Mr. Arnab Ray, learned Counsel appearing for Respondent No.3, Tripura State Pollution Control Board, states that this work would have commenced by now.
22. However, in case the work of Bio-mining/Bio-remediation has not yet started, we direct the Agartala Municipal Corporation to ensure that the same commences within next fifteen days.
23. We find that in these Reports no timelines have been given for completion of Bio-mining/Bio-remediation of the legacy waste at Debendra Chandra Nagar Dumpsite. We, therefore, direct the Agartala Municipal Corporation to file Status Report/affidavit of compliance in this regard by 31.12.2024.
23
24. So far as Ambient Air Quality is concerned, the Report at page no.
311 of the paper book, mentions that the concentration of Respirable Particulate Matter (PM10), Fine Particulate Matter (PM2.5), SO2 and NO2, is well within the prescribed standard limit prescribed by the Central Pollution Control Board, 2009.
25. The analytical parameters of the collected ground water samples (at page no. 310 of the paper book), are also stated to be within the prescribed standard of the Bureau of Indian Standard, 2012.
26. Affidavit in reply dated 23.12.2022 has been filed by the Applicant, stating therein that the dumpsite in question has been operating since 2013 by the Agartala Municipal Corporation without any valid Consent to Establish and Consent to Operate which is in violation of law. It is also stated that Consent to Establish and Consent to Operate was issued only on 13.02.2020 and the Environmental Clearance was issued on 20.04.2021. It is further stated that the Agartala Municipal Corporation has failed to set-up Material Recovery Facility or Secondary Storage Facility with sufficient space for sorting all recyclable materials from the waste and that the Waste Processing Plant is reported to be non-functional, although it was set-up with a capacity of 25 MTPD of solid waste processing at the Debendra Chandra Nagar as per the authorization certificate dated 06.07.2012 issued by the State Pollution Control Board, Tripura, which was valid upto 31.06.2015.
27. We, therefore, direct the State Pollution Control Board, Tripura, to ensure that the Waste Processing Plant is activated and made functional for processing of solid waste at Debendra Chandra Nagar and this aspect shall also be covered in their Status Report/Compliance affidavit with completion timelines. 24
28. With the aforesaid directions, the Original Application No. 97/2022/EZ is accordingly disposed of.
29. I.As. if any, also stand disposed of.
30. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ..................................
Dr. Afroz Ahmad, EM February 09, 2023, Original Application No.97/2022/EZ AK 25