National Green Tribunal
C.P.Senthil vs Tamilnadu Sate Pollution Control Board ... on 16 March, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 213 of 2015 (SZ)
IN THE MATTER OF:
C.P. Senthil ...Applicant(s)
With
Tamil Nadu Pollution Control Board,
Rep. by its Chairman,
Chennai and Ors. ...Respondent(s)
Date of hearing: 16.03.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. K.S. Elangovan.
For Respondent(s): M/s. C. Kasirajan for R1 & R2.
M/s. D.S. Ekambaram for CPCB.
1
ORDER
1. The above application has been filed by the applicant against the establishment of the Sewage Treatment Plant (STP) by the third respondent against the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986.
2. It is alleged in the application that the third respondent involved in real estate business has developed a layout of residential plots in the name and style of 'Flushing Meadows', Globus Gardens at Kaikoapalayam, Coimbatore - 641 061. The entire layout is situated in S.F. No.36/1K, 37 of Kaikoapalayam Village, Vellanaipatti Panchayat, Annur Taluk, Coimbatore - 641061. The layout is comprised of 123 housing plots, with spaces earmarked for play area, parks and other open areas, which are mandatory under the land laws and statutory regulations i.e., Town and Country Planning Act.
3. The said layout had its sanction only for Septic tanks for discharge of sewage in each plots, whereas the third respondent had constructed a Sewage Treatment Plant (STP) within the layout without any proper approval and sanction from statutory authorities namely Directorate of Town and Country Planning 2 (DTCP) and Local Panchayat. Further, STP has been established in the Open Reserve Space (OSR), which had been specifically earmarked for common amenities such as Parks, Play area, etc. and it was causing environment pollution resulting in health hazard. It was not equipped with instruments and appliances in compliance with the specifications, as mandatorily required by the authorities. The third respondent in addition to the above is discharging the untreated sewer into the PWD water canal situated on the southern side of the layout. The sewer discharge into the said canal is not only spoiling the water channel, but the same serves as the breeding ground for mosquitoes and other epidemic and endemic virus, badly affecting the people living in and around that locality
4. The entire operation of the STP by the third respondent is unauthorized. Though complaints have been made to the authorities, no action has been taken.
5. When applications have been made under the RTI Act to the authorities, no reply has been received. The STP is functioning without getting Consent to Establish but Consent to Operate was granted by the Tamil Nadu Pollution Control Board (TNPCB) on 30.09.2014 which is valid upto 30.06.2015 and it is not known as to whether it has been extended thereafter. 3
6. Consent to Operate has been granted without considering the impact and also against the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. So, the applicant filed the above application seeking the following reliefs:-
"(a) Direct the third respondent to remove the Sewage Treatment Plant (STP) illegally established in the layout Flushing Meadows, Globus Gardens situated at S.F. No.36/1K, 37 of Kaikoapalayam Village, Vellanaipatti Panchayat, Annur Taluk, Coimbatore - 641 061.
(b) Direct the first and second respondent to initiate action against the third respondent who had indulged in the act of causing pollution in the said area i.e. S.F. No.36/1K, 37 of Kaikoapalayam Village, Vellanaipatti Panchayat, Annur Taluk, Coimbatore - 641 061 and water channel (PWD Canal) and
(c) pass any further or other order or orders as this Hon‟ble Tribunal may deem fit and proper in the interest of Justice."
7. Third respondent filed counter statement contending that M/s. Globus Realtors Pvt. Ltd. is the exclusive owner of the scheduled property in Vellanipatti Village, Annur Taluk, Coimbatore. The property is divided into housing plots, in the name of Globus Garden. As required by the site plan, the reserved park site has been given to the Village panchayat by way of Gift Deed for development and use.
4
8. Third respondent being interested in the construction of houses and shops for development of the house site acquired Power of Attorney from M/s. Globus Realtors Pvt. Ltd. and thus has the right to construct houses and shops in the plots assigned to them and to sell the properties marked for them. Accordingly as per the terms of agreement M/s. Globus Realtors Pvt. Ltd is the owner of the property and third respondent is the promoter.
9. The houses have been constructed and sold to the residents. STP is constructed to collect the waste drainage water from the houses and to process them before being reused or disposed. The STP is the only means to dispose of the drainage water from the houses of the residents and thus it was constructed for the welfare of the residents. The STP was established getting proper permission from the village panchayat. The plan was approved by the Local Planning authority also and they have details of the STP to be established in the open area. The approval of Tamil Nadu Pollution Control Board was also obtained which was renewed on 29.06.2015. The process was well planned with all required permission and it was started for the welfare of the society and it will not cause any nuisance to the public.
10. The Open Site Reservation area comprises of Parks, Playground for public usage and in a corner the STP plant has 5 been set up with proper permissions. The approval letter from the Village panchayat, approved plan from the local planning authority and the renewal notice from Tamil Nadu Pollution Control Board were obtained. It was established for the welfare of the village and society at large to provide renewable water resources. As there is RO plant also installed the purpose of STP raises more than welfare of the residents, such as the treated water can be used for Landscape Irrigation Gardening Toilet Flushing Car washing Cooling Tower Fire Sprinklers Concrete mixing and other construction application & All other non potable use.
11. The sludge from the STP can be used as fertilizers for organic farming. It is environment friendly. There is no violation of any of the acts as alleged. Third respondent along with others have filed an O.S. No.1969 of 2014 before the District Munsif Court, Coimbatore for injunction restraining the defendants therein from interfering with the operation of the STP and ad- interim injunction was granted. The attempt of the applicant is to obstruct the functioning of the STP, which has been established for the welfare of the society at large. There are 6 proper maintenance being provided and there is no possibility of any pollution caused as alleged. Writ Petition was also filed before the Hon'ble High Court of Madras by the same lawyer and that is pending. So, they prayed for dismissal of the application.
12. First and Second respondent filed counter statement contending that the third respondent has obtained approval for residential layout in the name of M/s. Globus Realtors Pvt. Ltd. for 269 Plots in Vellanaipatty Village, Annur Taluk, Coimbatore District approved by Local Planning Authority, Coimbatore in Lr. No.1946/2009/LPA-3/ dated 25.08.2010 and from Vellanaipatty Village panchayat in Lr. No.7/2010/A/ dated 27.08.2010. Out of 269 plots, 126 plots were given with Power of Attorney to the third respondent which is also an infrastructure facility provider to the housing colony developed in the name and style of Flushing Meadows, along with STP. The STP is located in S.F. No.36/1K and 37/6, Vellanaipatty Village, Annur Taluk, Coimbatore District.
13. The housing colony is having 126 individual blocks with common club house, swimming pool, etc. and individual vacant plots were sold out and registered in the name of the individual customers and obtained individual building plan approval from 7 the local body in the name of the third respondent and developed plots accordingly and handed over to the individuals.
14. The units total built up area does not exceed the stipulated 20,000 Sq.m. in any of the approval and does not attract the EIA Notification 2006.
15. Flat owners would join together and form an association and they would make an agreement with the facilitator to operate and maintain the water supply and Sewage Treatment Plant for their housing colony. Based on that, the facilitator has installed STP to treat the sewage generated from the entire housing colony and applied for the consent of the Board.
16. The housing colony and STP were inspected on 23.09.2014. During the inspection it was ascertained that the facilitator has established the Sewage Treatment Plant of 125 KLD capacity for the said residential complex and put into trial operation. The treated sewage was partly (35 KLD) utilized for gardening within the residential complex of about 1.2703 Hectares in the Parks and Gardening area of the individual plots and the remaining part (55 KLD) was utilized for toilet flushing in the individual residential blocks. As the facilitator established the STP and started the same without obtaining consent from the Tamil Nadu 8 Pollution Control Board (TNPCB), show cause notice was issued to the facilitator under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 as amended vide Board's Proceedings dated 23.09.2014.
17. They sent the reply dated 24.09.2014 stating that due to unavoidable reasons, they started the trial run of the STP without the consent of the Board and assured to take up regular operation after obtaining the consent. So, further proceedings were dropped.
18. The housing colony and the STP were inspected on 24.09.2014 and observed the following:
The STP was under operational condition. The unit has assured to provide Flow Meters to the outlets of the STP within a month time.
The STP is provided with a separate Energy Meter to record the power consumption.
The individual residential blocks in the layout (126 Nos.) were under completion stage and few residences were occupied by the owners.
19. This subject was placed before the 19th Zonal Level Consent Clearance Committee meeting held on 29.09.2014 and Consent to Operate was issued to the unit under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of 9 Pollution) Act, 1981 and as per Proceedings No.F.CBN1488/RS/DEE/TNPCB/CBN/W&A/AEE/2014 dated 30.09.2014 with validity upto 30.06.2015. Further the unit applied for renewal of consent order through online and the renewal was issued vide Proc. No.F.0274CBN/RS/DEE/TNPCB/ CBN/W&A/2015 dated 29.06.2015 valid upto 30.06.2017 subject to certain conditions.
20. Subsequently, complaints have been received against the functioning of the STP from applicant C.P. Senthil, Secretary, Flushing Meadows Home Owners Association vide Letter dated 03.07.2015 and Advocate Notice dated 06.08.2015 and letter dated 15.10.2015 regarding the odour nuisance and non-
operation of the STP properly. Based on the complaint, STP was inspected on 04.07.2015 and both the complainant and representative of the builder was instructed to operate the STP regularly and continuously and the report of analysis of the treated sewage sample taken on 04.07.2015 reveals that the parameters are within the standards prescribed by the Board.
21. The applicant came in person on 12.10.2015 and stated that the STP was totally submerged in rain water which has mixed with sewage due to the heavy downpour on the previous day and STP was not under operation continuously and the 10 untreated sewage was discharged outside the premises into an odai nearby. Foul odour generated from the stagnation is causing nuisance to the residents just near the STP and stagnation lead to mosquito breeding thereby causing disease etc.
22. So, the STP was inspected on 12.10.2015 and the following things were observed:
a. The STP was not under operation.
b. The entire STP area (which is built partly below and partly above ground level) is submerged in the flood water which mixed with sewage and the STP was not under operational condition.
c. The unit has not furnished the Log Book for the operation of the STP at the time of inspection.
d. The untreated sewage with rain water is being discharged outside the premises into an odai though flexible bypass line.
e. The unit has not complied with the conditions issued in the CTO dated 30.09.2014 and RCO dated 29.06.2015. f. Sample of the stagnation inside the STP was taken on 12.10.2015 and the ROA is reveal that the Parameters TSS, BOD and COD exceeded the standards prescribed by the Board.
23. On the basis of the observations, a show cause notice was issued to the third respondent vide their Proceedings dated 20.10.2015. A personal hearing was conducted and the unit was instructed to comply with the following conditions: 11
a. Electro Magnetic Flow meters will be provided in the inlet and outlet of the STP to assess the actual quantity of sewage generation and treatment.
b. Separate energy meter will be provided for the STP so as to ensure the continuous operation.
c. Log books will be maintained for the operation of the STP. d. Chlorine free disinfection will be provided for the treated sewage before gardening.
24. The applicant has filed rejoinder stating that the STP has been constructed in the Open Space Reserve (OSR) area in the layout which has been earmarked, exclusively as park site and it was handed over to the Local Village Panchayat, Vellanaipatti Village Panchayat by virtue of the Gift Deed Reg. Doc.
No.4185/2010 and as such third respondent has no right in the area to construct the same. Further, W.P. No.40740 of 2015 has been filed before the Hon'ble High Court of Madras challenging the construction of the STP in the OSR area and the same has been disposed of by the Hon'ble High Court of Madras granting opportunity to the third respondent to regularize the same by applying to the appropriate authorities.
25. According to the applicant, Consent to Operate was granted without considering the citing criteria and also without considering the provisions of the Town and Country Planning Act. It was also found during the inspection by the officers of the respondents No.1 and 2 that STP was not in operation when they 12 inspected on 23.09.2014 and 24.09.2014 and there are certain deficiencies but inspite of these no action has been taken.
26. Third respondent also filed rejoinder denying the allegations and reiterating the contentions raised by him in their counter statement.
27. Second respondent filed the report on 10.11.2016 before this Tribunal where they have mentioned as follows:-
"(2) It is respectfully submitted that the Honorable National Green Tribunal has directed the respondent Board Joint Chief Environmental Engineer, Coimbatore (M) to file an affidavit in the next hearing before the Honorable National Green Tribunal (Southern Zone), Chennai regarding the action taken by the third respondent unit of M/s. Elysium Properties India Ltd. - Flushing Meadows Sewage Treatment Plant, situated in S.F. No.36/1K & 37/6, Vellanaipatti Village, Annur Taluk, Coimbatore District on the minutes of the personal hearing conducted by the respondent Board Joint Chief Environmental Engineer (M), Coimbatore on 22.03.2016.
(3) It is respectively submitted that the 3rd respondent unit premises of M/s. Elysium Properties India Ltd. - Flushing Meadows Sewage Treatment Plant, situated in S.F. No.36/1K & 37/6, Vellanaipatti Village, Annur Taluk, Coimbatore District was inspected on 27.10.2016 along with the Assistant Engineer, Tamil Nadu Pollution Control Board, Coimbatore North in the presence of the Thiru. N. Palaniyandi, Senior Project Manager of the 3rd respondent unit.13
(4) It is respectively submitted that the compliances of assurances made by the 3rd respondent unit in the personal hearing conducted by the respondent Board Joint Chief Environmental Engineer (M), Coimbatore on 22.03.2016 is submitted below.
S. Assurance made by the unit Compliance of the unit No as on 27.10.2016.
1. Electromagnetic Flow meters Electromagnetic Flow will be provided in the inlet meters are provided in and outlet of the sewage the inlet and outlet of treatment plant to assess the the Sewage Treatment actual quantity of sewage Plant.
generation and treatment.
2. Separate energy meter will be Separate energy meter provided for the Sewage provided for the Treatment Plant so as to Sewage Treatment ensure the continuous Plant.
operation.
3. Log books will be maintained Not properly for the operation of the STP. maintained and advised to maintain the same properly.
4. Chlorine free disinfection will Chlorine free be provided the treated disinfection provided sewage before gardening. for the treated sewage before utilizing for gardening.
28. Applicant also produced certain documents issued by the Block Development Officer, Sarkarsamakullam Taluk requesting the third respondent to shift the STP from the OSR area vide their Letter Ref. No.178/2013 AA1 dated 18.11.2016.
29. By Order dated 22.12.2016 this Tribunal had constituted a joint committee comprising of Central Pollution Control Board 14 (CPCB) and Tamil Nadu Pollution Control Board (TNPCB) to inspect the area in question and submit a report.
30. Accordingly, the joint inspection was conducted on 09.03.2017 and the joint committee submitted the report as follows:-
"4.0 - Observations made during inspection:
The source of water supply for the housing colony is bore well located in campus & once in a week supply of municipality water. M/s. Elysium properties have installed Reserve Osmosis (RO) system to treat the bore well water and is located adjacent to the STP. The treated water is supplied to the individual villas through a dedicated pipeline for domestic purposes and municipal water is supplied through another exclusive pipeline. The quantity of water consumption is approximately 65 KLD as informed by the representative of M/s Elysium properties and water meters were not provided to verify the water consumption. The installed capacity of the STP is 125 KLD. The existing STP comprises of bar screen chamber, collection tank, equalization tank, aeration tank, clarifier, disinfection, pressure sand and activated carbon filters and treated water collected tank.
On the day of inspection, the STP was operational, however the pumping of the sewage from the equalization tank was not operational, there was no flow from the aeration tank to the clarifier as well as from clarifier to filter feed tank (clear water tank). Most of the components were half / quarter filled with sewage. The physical condition of the STP components appeared that it was not operated regularly. The STP is operated by M/s Elysium Properties 15 and the maintenance cost is borne by the Housing Colony Association. The operator has no knowledge about the treatment system or dosing of chemicals.
As per the design details provided by M/s Elysium Properties the treatment plan of the STP is summarized in figure 1. The incoming sewage is passed through a coarse bar screen and collected in the underground collection tank and is dosed with „Bactozym 340 ST‟ which is a microbial product consisting of facultative bacteria (Active under aerobic and anaerobic conditions) with various enzyme. The collection tank overflow is taken to an underground equalization tank and there is no provision provided for coarse bubble air mixing to equalize the sewage. Electromagnetic flow meter is installed at the outlet of equalization tank (inlet to aeration tank). The sewage from the equalization tank is pumped via overhead pumps to the aeration tank and is dosed with the 'Bactozym 700' which is another microbial product containing aerobic bacteria and enzymes. From the aeration tank, sewage flows into a clarifier and the clarified water is collected in the clear water tank.
From the clear water tank, it is pumped into the dual media filters (sand and activated charcoal pressure filters) and before the water is pumped to the filters, disinfectant is a dosed in the line using a line dosing pump. Chlorine free disinfection is done by using a commercial product 'Hydrox'. After dosing with disinfectant, it is passed through pressure sand & activated carbon filters and finally the filtered sewage is collected in the product water tank which in turn is used for gardening. Electromagnetic flow meters are installed before the product water tank (Outlet meter) and after equalization tank (inlet meter) to assess the treated water quantity. As informed, the settled sludge from the 16 clarifier is pumped into the aeration tank to maintain the MLSS and the excess sludge is pumped into the collection tank. The representative of the M/s. Elysium claimed that the 'Bactozym 340 ST‟ dosed in the collection tank reduces sludge. The accumulation of the sludge in the collection tank may create anaerobic condition and creates odour nuisance if operated intermittently. The STP has no proper scientific sludge management systems like sludge drying beds or filter press to handle the excess sludge generated. Even the sludge return to aeration tank is done arbitrarily and not according to the scientific operating parameters. The equalization tank has not provided with any coarse bubble aerators and the tank acts as a holding tank. The bio-media in the aeration tank was found floating in the clear water tank which indicates the unscientific design of aeration tank. As per the consent issued from the TNPCB, the actual generation of sewage from the housing colony is 90 KLD and treated sewage has to be utilized completely for gardening (35 KLD) and toilet flushing (55 KLD). However, there was no provision for diverting the treated sewage for toilet flushing.
The STP is constructed below ground level and during heavy rainfall, the storm water is likely to enter into the STP and hampering the operation of STP. It was observed that the flood marks on the walls of STP is about 1 m high and during such flood episodes electricity panel board inside the STP get short frequently. The indicate very poor planning and design of the whole STP system.
Specific observations on the unit operations/process in the STP with respect to the design and operation are summarized in the table below.
(Table 1: Observation based on design and operation of STP unit operations/processes) 17 S. Treatment Design Details Ground Remarks/ No. Component reality comments
1. Bar screen Bar screen for Bar screen Bar screen of coarse was said to the STP not screening of be installed properly incoming near to the installed and waste water. collection no periodic tank but was maintenance.
completely Removal of
covered by coarse
reinforced particles
concrete trapped in
slabs. This the bar
indicates screen not
that the STP done
is operated periodically.
without
periodical
cleaning of
bar screen
debris.
2. Septic As per the The operator As per the
Tank design not aware of design,
document, a the septic primary
septic tank is tank or it biological
provided for may be treatment is
primary considered provided in
biological as a septic tank
treatment collection (considered
using tank. as a
„Bactozym - However, the collection
340 ST‟. The operator tank) using a
waste water informed microbial
collected is that a product.
treated with a product Operator/
bio-product called caretaker not
consisting of „Bioculture aware of
bacteria & 350‟ (may be septic tank
enzymes. „Bactozyme- and informed
Specifications 340 ST‟) was only about
of septic tank added once collection
not provided in in a week tank.
18
the design. into the Operator /
collection caretaker not
tank to aware of the
control the STP design &
odour operation
problems. and there is
The STP care an ambiguity
taker aware in the STP
of only design.
collection
tank and
poor
understandi
ng on the
basic
treatment
unit process
in the STP.
3. Collection As per the In STP, The
tank design, septic septic tank collection/
tank overflow was equalization
goes to designated tank is not
collection/ as „collection as per the
equalization tank‟ and design and
tank and tank which not operated
equalization is collects properly.
done by overflow of Sludge from
coarse bubble septic tank is the septic
diffused designated tank settles
aeration. as in
Sewage from „equalization equalization
equalization tank‟. But in tank and
tank is equalization there is no
pumped to tank, there provision to
aeration tank was no remove
using two coarse sludge
submersible bubble periodically.
pumps. aeration and Besides,
hence no settled
mixing/ excess
equalization sludge from
of waste the clarifier
19
water flow. is pumped
Besides, 2 back into the
overhead collection
pumps are tank. Pumps
provided are mounted
instead of over the tank
submersible and tanks
pumps in always
equalization amplify
tank. noise.
4. Aeration As per the Aeration As per the
tank design, tank is 4.5 m design,
equalized height and aeration tank
sewage from there is no is designed
collection tank approach/ for 1500
is pumped to provision to mg/L MLSS,
aeration tank. inspect the but during
Aeration will tank. Hence inspection
be provided by actual MLSS was
fine bubble design of the practically nil
diffused tank, (58mg/L)
aeration. To aeration indicating
increase provided and improper
surface area floating operation/
plastic media plastic media maintenance
(Bio-pack: were not of STP.
floating plastic physically There is no
media) is verified. A provision for
augmented in 10 hp blower inspecting
the aeration is used as aeration tank
tank. the aeration as there was
source. no safe
Operator approach/
informed observation
about the platform to
addition of physically
„Bactozym inspect this
700‟ once in component/
a week. unit process.
There were
tell-tale
colouration
20
along the
outer walls
of aeration
tank
indicating
frequent
overflows/
excessive
frothing.
5. Clarifier As per the Settling tank Clarifier
Tank design, is a design not
(Secondary settling/ cylindrical proper as per
clarifier) clarification structure the
done by tube with 3.5m conventional
settlers. MLSS diameter and practices.
recovered in 2.5m side No scientific
the settling wall depth. sludge return
tank is The structure practiced,
returned back has no entire settled
to aeration proper MLSS
and excess conical pumped back
sludge bottom to aeration
wasted. (sludge and
hopper) for collection
efficient tank. At the
collection of time of
sludge, inspection, it
instead a was evident
small that the
protruded clarifier tank
cone was was not
provided maintained
with or operated
attached properly. In
sludge return general, the
pumps. No clarifier tank
proper was not
approach properly
available to designed,
inspect the operated and
clarifier tank maintained.
and
21
presence of
tube settlers
could not be
verified.
There was
no clarifier
overflow
drain
mechanism
and the
clarifier
outlet to
clear water
tank
emerges
from the
middle of the
clarifier.
6. Filter feed Clarifier outlet The tank Floating
tank (Clear drains into the was only plastic media
water clear water half filled augmented
tank) tank which act and lot of in the
as the feed floating aeration tank
water for dual materials for increasing
media filters. observed the surface
during the area for
inspection. microbial
Floating growth was
biomass and found in the
plastic media clear water
(Bio-pack tank. This
media from indicates
aeration lack of
tank) were proper
observed in design to
the clear retain the
water tank. floating
It is very media inside
unlikely that the aeration
floating tank.
plastic media
augmented
22
in the
aeration
tank
reaching
filter feed
tank. This
suggests
that there is
no proper
retention
mechanism
for floating
plastic media
in aeration
tank.
7. Hydrox As per the Hydrox As per the
dosing: design, hydrox dosing was design,
Disinfectio dosing is after before the disinfection
n the dual media dual media should be
filter. Hydrox filtration after the dual
(a chlorine free which is not media filters.
disinfection) is in tune with
used for the design.
disinfection. Operator
was not
aware of the
chemical
nature of
hydrox.
Active
ingredient of
hydrox are
hydrogen
peroxide and
hexadecyl
(sulpho
phenoxy)
benzene
sulphonic
acid
disodium
salt.
23
8. Dual Sand filter and Sand and As per the
media filter activated activated design
(Sand & charcoal charcoal disinfection
activated filters for final filters should be
Charcoal) polishing of provided. after the dual
treated water. Water from media filters.
clear water
tank after
disinfection
passes
through
filters.
9. Product Final treated Product Product
water tank water stored water tank water used
for further use. provided only for
with gardening.
pneumatic
pumps for
sprinkling.
10. Sludge Design No scientific No scientific
manageme document is sludge sludge
nt not clear on management management
the sludge observed. observed,
management. Settled which is an
The process sludge is important
does not entirely aspect of
highlight the taken to conventional
sludge drying aeration treatment
bed and only tank and systems.
indicates collection/ Due to poor
sludge equalization management
recycling. tank. No of sludge,
sludge frequent
drying beds odour
or sludge problem may
dewatering/ happen.
filters
provided.
5.0 Observations
i. STP design document is very vague and is not having proper overview of the STP processes in the form of 24 flow charts or illustrations. There were no details on the design of unit processes, design drawings are lacking, no detailed operation manual provided, no troubleshooting section and several contradictory information on sludge management. Primafacia, it appears that the document is not specifically made for the STP inspected.
ii. STP design as per the document and the ground reality of having variations. The STP operator / caretaker have a different perception on the unit operations / design of the system.
iii. Technical / scientific knowhow lacks in the design, construction, operation and maintenance of STP. iv. Design & construction not in line with conventional methods of treatment and maintenance & operation not scientific. Operator not aware of the extract chemical nature of management chemicals used in the treatment process.
v. Shoddy operation and maintenance evidenced from the inspection and possibility of odour issue very likely with the present way of managing the STP.
vi. Electromagnetic flow meter readings of inlet and outlet points indicates intermittent operation of STP. vii. Presence of higher ammonical nitrogen than frequent septic conditions. Persistent ammonia levels in the subsequent unit processes also suggest frequent anaerobic conditions because of stagnation and intermittent operation.
viii. Only three parameters have been prescribed as the discharge limit and the consent has to be amended incorporating latest discharge norms for STP. 25 ix. The MLSS content of the aeration tank was just 58 mg / L indicating very poor operation and maintenance of the STP.
5.1 Design & Operational issues of aeration tank It is a 3.9 x 7.8 x 5 m dimension tank with 0.5m free board (4.5m side wall depth) and a capacity of 137 KL. There is no safe approach or observation platform for visual inspection of the aeration tank contents. A single 10 hp blower is provided for diffused aeration. Characteristic tell-tale brownish black colouration was observed on the side walls suggesting frequent overflow of froth due to excess sludge return from the clarifier. Operator informed that bottom sludge from clarifier is pumped to the aeration tank daily in the morning for 2 hours. Sludge return pump line goes to the aeration tank and the function of another line from aeration tank to underground collection tank was not properly explained. Presence of floating plastic media, launders, weir overflow collection system, diffused aeration network inside the tank and visual characteristics of MLSS could not be assessed as there was no safe approach / observation platform for visual inspection. Further, presence of floating media in the clear water tank (outlet of clarifier) indicates that there is no retention mechanism for floating mediate in the aeration tank & clarifier. However, the observations suggest that the aeration tank has design and operational issues and is not pressed to service properly. 5.2 Design & Operational issues of clarifier / settling tank As per the design document clarifier / settling tank is a tube settler. In reality it is a cylindrical structure of 3.5 m diameter and 3 m height (2.5 m side wall depth). In another document provided by the applicant, it is depicted as a 26 clarifier with mechanical rake system. However, it was not verified as there was no proper inspection ramp / safe approach in the STP premise. Unlike the conventional clarifier design, the bottom part is devoid of conical hopper section and instead a small conical protruding was given where the direct sludge pumps are connected. There was no safe provision to inspect the interior section of the clarifier and hence presence of launders, weir overflow channel, tube settlers were not verified. Moreover, the clarifier overflow outlet emerges from the middle of the structure and 0.5 m free board suggests that there may not be any launder / weir overflow channel in this clarifier.
6.0 - Results The result of the sample s collected during the inspection is given in table 3, as per the results the STP is complying with the standards stipulated by TNPCB. MLSS collected from aeration tank was terribly inadequate with just 58 mg/L. High Coliform count indicates very poor performance and efficiency of the STP.
Table - 3: Analysis results of samples collected from various unit processes.
Para- Inlet: Clear Aeratio After Produc Discharg
meters Collectio wate n tank dual t e limit by
n tank r medi water/ TNPCB
overflow tank a treated
(after filter water
primary
treatmen
t)
pH 6.5 6.4 - 6.7 6.7 5.5-9.0
TSS (mg/L) 95 18 - 7 16 30
COD 531 67 - 48 50 -
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(mg/L)
BOD 80 20.0 - 2.54 5.4 20
(mg/L)
Total - - - - 79000 -
Coliforms
(MPN/100
mL)
Fecal - - - - 23000 -
Coliforms
(MPN/100
mL)
NH4-N 42.3 8.9 - 8.3 11.3 -
(mg/L)
MLSS - - 58 - - -
(mg/L)
7.0 Findings:
i. The STP is the meeting the standard consented
parameters (BOD and TSS) of TNPCB and the NH4-N reported at outlet is 11.26 mg / L. The MLSS in the aeration tank is 58 mg/L, which indicates the poor operation and maintenance of STP.
ii. The STP has facility tertiary treatment which includes disinfection and polishing dual media filtration (pressure sand & activated charcoal filters) but treatment efficiency is very poor as the Total and Fecal Coliform counts are 79000 and 23000 MPN/100 mL respectively.
iii. The existing STP is not constructed as per the engineering aspects and shall be augmented at the earliest for optimal and efficient treatment / operation. iv. The treatment components such as bar screen chamber, collection & equalization tanks, which are constructed below the ground level has to be provided 28 with the facilities for periodic cleaning and removal of accumulated sludge.
v. The equalization tank shall be provided with the coarse bubble diffusers for equalizing the wastewater pumping into the aeration tank. Horizontal centrifugal, non-clog sludge, solids - handling pumps with open impellers shall be used which is more efficient and also reduces the noise pollution generated during operation. The pumps shall not be installed on tanks / hollow space as it will amplify noise. vi. Aeration tank shall be designed and operated properly so that the bio-media (floating plastic media) is not carried away by the sewage to the subsequent treatment units. A safe provision like observation platform shall be made for aeration tank to verify the physical working condition.
vii. The clarifier shall be revamped completely and constructed & operated scientifically.
viii. The sludge drying beds, filter press or sludge bio digester shall be incorporated to handle the excess sludge generated and not to divert the excess sludge to the collection tank. Sludge/MLSS return shall be scientifically managed with regular monitoring of aeration tanks parameters.
ix. M/s Elysium shall be directed to engage a qualified firm/agency for operating & maintaining the STP in consultation with the TNPCB. The STP has to be operated regularly in a scientific manner to avoid septic conditions and resulting odour problems. x. M/s Elysium shall also be directed to make all the provision for avoiding the entry of storm water into the STP which hampers the regular and efficient operation of the treatment system.
29 xi. The analysis of treated sewage should be done periodically to know the performance of the STP and the results should be submitted to TNPCB.
xii. A provision or dual piping system shall be installed to the gated community for utilising the treated sewage for toilet flushing. The sewage treated shall be reused completely in the community and at no point in time discharged outside the premises."
31. It may be mentioned here, that the Principal Bench of National Green Tribunal, New Delhi while considering the question of operation of the STP in Original Application No.506 of 2019 Mukund Dhote Vs. Union of India and Ors. by order dated 21.11.2019 observed that action taken by the State Pollution Control Board is not adequate. It is pointed out on behalf of the applicant that the State PCB could have sealed the available public utility spaces and taken other coercive measures against the project proponent. Compensation should be realistic to recover the cost of restoration of the environment. Tribunal also relied on the decision of the Apex Court in 2018 (18) SCC 257, M/s. Goel Ganga Developers India Pvt. Ltd. Vs. Union of India, observed that normally environmental compensation in such cases should be 5% of the project cost for violation and there was direction to impose environmental compensation and directed the SPCB to take further remedial action to restore the damage caused to the environment.
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32. It is seen from the joint committee report that there were certain deficiencies in the operation of the STP and there is no consent to operate also. There were certain directions given to the third respondent to rectify the deficiencies pointed out in the report. But quite unfortunately there is nothing forthcoming before this Tribunal as to what is the further action taken by the Tamil Nadu Pollution Control Board (TNPCB) against the violator for operating the STP against the pollution control norms. In fact if there is any violation then they are also entitled to impose environmental compensation against the violator as has been directed by this Tribunal as well as the Principal Bench of National Green Tribunal in several matters of this nature applying the guidelines provided by the CPCB in this regard. Such a coercive action has not been taken in this case so far, though there were fragrant violations found by the Pollution Control Board during their inspection.
33. So under such circumstances, we direct the same committee to inspect the STP in question and ascertain as to whether the recommendations made in the joint committee report have been complied with by the third respondent and if not what action has been taken by them against the violator including 31 imposition of environmental compensation and submit a factual as well as action taken report to this Tribunal.
34. The committee is also at liberty to conduct fresh inspection and collect the inlet and outlet data on waste water from the STP to ascertain as to whether the pollution control norms have been fully complied with or not including the parameters shown in the report relied on by the committee in their earlier report.
35. We are not going to the question as to whether the construction of the STP is in violation of the provisions of the Town and Country Planning Act or not, as that matter is pending before the Hon'ble High Court of Madras. We are only concerned about the pollution caused on account of the operation of the STP which falls within the jurisdiction of this Tribunal irrespectively of the matter pending before the Hon'ble High Court.
36. The committee shall submit the report within a period of two months to this Tribunal through e-mail at [email protected] or by e-filing.
37. The Registry is directed to communicate this order to the committee members through e-mail immediately so as to enable to comply with the directions.
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38. For consideration of the report, post on 22.05.2020.
.....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.213/2015 16th March, 2020.
Mn.
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