National Green Tribunal
R.Dinesh S/O M.S.Ramasamy vs The Gopichettipalayam Municipality, ... on 5 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 99 of 2017 (SZ)
(Through Vide Conference)
IN THE MATTER OF:
R. Dinesh S/o. M.S. Ramasamy,
Gobichettipalayam, Erode District. ... Applicant(s)
Versus
Gopichettipalayam Municipality
Rep. by its Commissioner,
Gopichettipalayam,
Erode District & Ors. ...Respondent(s)
Date of hearing: 05.03.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Mr. Kamalesh Kannan for Mr. Sai Sathya
Jith for R1.
Dr. V.R. Thirunarayanan for R2.
Mr. C. Kasirajan through Mr. Ashwini for
R3.
1
ORDER
1. As per order dated 07.01.2021 this Tribunal had considered the report submitted by the Joint Committee dated 06.01.2021 received on 07.01.2021 which was extracted in para 3 of the order and thereafter passed the following order:
"5.The learned counsel appearing for the 1st respondent submitted that they have already filed a status report with a tabular column stating that the entire legacy waste will be processed before March-2021, but we have not received such report so far. We are not able to agree with the observation made by the committee as well as the Pollution Control Board that in view of the progress of the work undertaken by the 1st respondent, there is no necessity to impose any environmental compensation at this stage.
6. It may be mentioned here that it is against the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606/2018 and if any of the local bodies were not able to comply with the direction within the time line provided in that order, then their remedy is to approach the Principal Bench for extension of time and this Bench cannot grant extension, contrary to the orders passed by the Principal Bench in this regard which is being considered in a PAN India basis regarding the implementation of the Solid Waste Management Rules and periodical directions are being given including direction to the Pollution Control Board to take steps against the violating local bodies as such.
7. So under such circumstances, the Pollution Control Board as well as the Joint Committee are directed to file a further report in compliance with the directions issued by the Principal Bench of National Green Tribunal in O.A. No.606/2018 regarding the imposition of environmental compensation for non-compliance of the directions issued by the Tribunal within the time frame fixed by the Principal Bench before the next hearing date.
8. The Gopichettipalayam Municipality is also directed to file a further progress report regarding the disposal of the legacy waste in their area before the next hearing date.
9. They are directed to submit the respective reports before this Tribunal on or before 05.03.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with the necessary hardcopies to be produced as per Rules.
10. The Registry is directed to communicate this order to the members of the committee as well as to the 1st respondent, Gopichettipalayam Municipality by e-mail immediately so as to enable them to comply with the direction."
The case was posted to today for consideration of further report.
22. When the matter came up for hearing today there is no representation for the applicant. Mr. Kamalesh Kannan for Mr. Sai Sathya Jith represented respondent 1 and Dr. V.R. Thirunarayanan represented respondent 2 and Sri. C. Kasirajan through Mr. Ashwini represented 3rd respondent.
3. We have received the additional reply affidavit dated, 05.03.2021 mistakenly typed as 05.03.2020. which reads as follows:
Additional Reply Affidavit of the 1st Respondent 05.03.2021 I, P. RAMASAMY, Sone of PALANI GOUNDER, Hindu, aged about 59 years working as Municipal Commissioner(Full Additional Charge), of Gobichettipalayam, do hereby solemnly affirm and sincerely state as follows:
1. I respecpfully submit that I am serving at present as Municipal Commissioner(Full Additional Charge), ), of Gobichettipalayam, the 2nd respondent herein and I am well acquainted with the facts of the case from the office record and I am filing this reply affidavit on my behalf.
2. It is submitted that the this respondent had already filed a reply affidavit on July, 2017, the same may be taken as part and parcel of the present affidavit.
3. Gobichettipalayam is a selection grade municipality located at Erode District in Tamil Nadu. It is located at a distance of 37 km from Erod with an extent of 7.5 sq. Km and has a population of 59523 as per Census India 2011.
4. This Respondent submits that a land in survey no. 3, Block 5, Ward D to an extent of 1.89 acres at this Town was utilised as Gobichettipalayam Municipality's compost yard. The same was in use for more than 50 years. It is necessary to state that compound wall was constructed to prevent the pollution and trees were also planted to form a green circle around the said area.
5. It is submitted that this respondent had taken earnest efforts to find other places for constructing new compost yards. Though permissions were obtained to set up, in different locations, the same had ended up on failures due to objections of the nearby villagers of every single location.
6. It is necessary to state that when this respondent started the dumping of waste in the impugned site, there happened to be no residents or any developments around the place. The said place was used to convert the daily waste generated in the Municipality in to manure. After start of plastic use, the actual problem arose and that lead to accumulation of about 40,000cu.m of waste.
7. It is submitted that after the total solid waste generated in the respondent Municipality is 20 metric ton/day. It is necessary to site that 3 the generated waste is collected door to door. This respondent has now opted the most effective steps for the disposal of waste generated in the Municipality and had taken necessary efforts to educate and make awareness to the public for segregation of the waste at the source.
Hence the collected waste at the door steps are almost segregated through battery operated vehicle. This respondent had further setup necessary infrastructures for processing of the same after obtaining authorization from the Tamil Nadu Pollution Control Board.
8. It is submitted that out of the 20MT of waste generated per day, wet waste are to a quantity of 11.7MT. The said waste are taken to the nearest Micro compost centre and Biomethanation plant. It is necessary to state that there is about 2 micro compost centre (Micro Compost Centre) and one Biomethanation plant in this respondent Municipality. The said 2 micro compost centre and the biomethanation plant were setup only after obtaining necessary permissions from PCB.
9. It is necessary to state that the micro composting cente have a maximum handling capacity of 4 and 3 MT/day, each, located at Ramar Extention and Karattur respectively. It is necessary to state that one micro compost centre and the biomethanation plant is located at one portion of the impugned site.
10. It is submitted that with the use of these 2 micro compost centres and one biomethanation plant, this respondent is able to convert the 11.7MT of daily generated waste to manure and biogas. Apart from the 11.7MT of wet waste, the recyclable waste generated are collected and sold. The employees are distributed with the benefit out of the same, the E-waste are sent to Leela Traders pvt. Ltd., the non-recyclable and combustible waste are sent to the cement factories, as per the agreement. The three cement factories are. 10 Ultra Tech, Ariyalur, makegreen Incinerator, erode and ACC, Coimbatore district.
11. It is submitted that the above mentioned practice came to the existence after the implementation of Solid Waste Management Rules, 2016 in the Municipality. Till the implementation fo the same the waste generated were segregated and kept accumulated in the impugned site, as the same was far from habitations.
12. This respondent submits that though maximum efforts were made and proper steps were followed to segregate and dispose the waste, the same lead to accumulation of waste in the impugned site. Hence this respondent engaged M/s Aicon surveys private limited, Puducherry, in March 2015 to find the quantity of legacy waste at the Karattur compost year. The Volume of legacy waste at the dumpyard is found to be 40000m3 and accordingly this respondent municipality received administrative sanction and technical sanction for the same.
13. It is submitted that based on the Administrative sanction accorded by the Commissioner of Municipal Administration, Government of Tamil Nadu, this respondent municipality had engaged M/s. Sri Sivaraman & Co.. Gobichettipalayam as the concessionaire as per the terms of the work order (ROC No. 3395/2015/E1 dated 30.10.2018) for the removal of the accumulated legacy waste dumped in the compost yard at the rate of Rs. 639 per m3 through bio-mining process.
14. It is submitted that this respondent municipality has also engaged the 4 centre for environmental studies (CES), Anna University, Chennai as project management consultant to assess the progress of work by periodic site visits, volume measurements, observations at the site and revie fo records. The findings the CES team, consisting of Dr. Kurian Joseph, Professor, Dr. S. Karthikeyan, Associate Professor and the Project Associates periodically visited the site and the work progress was assessed. The progess of the work as of November, 2019 revealed that around 4200 m3 of legacy waste dumped within the compost yard has been processed and about 1134 m3 of the recovered materials had been disposed.
15. It is necessary to state that, though the work order for bio-mining processing the legacy waste of 40,000 cum, is for a period of one year, due to manual working and another reason for delay disaster priod of COVID-19 and Rainy season the process had lead to delay. It is submitted that now speedy procedure is going on to bio-mining process already completed 30,000 cum (75%) the legacy waste and hence the same shall be processed before 31.05.2021 and the impugned site shall be remediate accordingly. The said procedure is made at a cost of Rs. 2,63,00,000.00/-.
16. In the above said circumstances it is submitted that this respondent taking the earnest effort to dispose the waste generated after processing the same, as deemed under the Rules and the existing legacy waste shall be removed by the process of bio-mining before 31.05.2021. It is therefore prayed that this Hon'ble Court may be pleased to pass appropriate orders and thus render Justice.
4. The Joint Committee also filed the report dated nil received on 03.03.2021 which reads as follows:
Brief introduction about the Gobichettipalayam Municipality MSW Disposal and O.A No. 99/2017 filed in Hon'ble NGT (SZ):
Gobichettipalayam Municipality is a Selection Grade Municipality in Erode District, Tamilnadu with an extent of 7.5 sq. km and has total population of 59523 as per census 2011. The current population of 63472 is distributed in 30 Wards. At present, total quantity of solid waste generated from the Municipality is 22 T/day.
The Commissioner, Gobichettipalayam Municipality has obtained Authorization vide Proc. No. JCEE/SLM/TNPCB/SWM/F.07/PND/2019 Dated: 12/04/2019 for processing, recycling, treatment and disposal of municipal solid wastes of 22 MT/day under the Solid Waste Management Rules, 2016 for the period up to 31.03.2020 for carrying out processing/ recycling/ treatment/ disposal facility for the municipal solid waste generated at the following locations:
i) Micro Composting Centre at Ramar Extension, T. S. No. 1, 4, Ward B, Block 15 (Old S.F. No. 15 B, 16 A pt, 16 B pt), Gobichettipalayam - 4 MT 5
ii) Micro Composting Centre at Nayakankadu, T. S. No. 7, Ward D, Block 4 (Old S. F. No. 185 pt), Gobichettipalayam - 3 MT
iii) Bio Methanation Plant at Nayakankadu, T. S. No. 2, Ward D Block 5 (Old S. F. No. 180 pt), Gobichettipalayam - 2 MT In the past, the Gobichettipalayam Municipality has dumped the solid waste collected from the municipal area in Karattur Compost Yard located at T. S. No. 2 & 7, Ward D, Block
4 & 5 Gobichettipalayam in an extent of 1.94 Acres. Later, the Gobichettipalayam Municipality has engaged M/s. Aicon Surveys Private Limited, Puducherry in March 2015 to find the quantity of legacy waste dumped at the Karattur compost yard. The volume of legacy waste at the dump yard was found to be 40,000 m3. In the Karattur Compost Yard apart from the dumped legacy waste, one Micro Composting Centre (MCC) - 3 T Capacity and one Biomethanation Plant - 2 T Capacity is located within the premises.
Subsequently, the Gobichettipalayam Municipality has entrusted the work of Reclamation of existing dump site located at Karattur Compost Yard to M/s. Sri Sivaraman & Co, Gobichettipalayam vide letter ROC No. 3395/2015/E1 Dated:
30.10.2018 for the removal of the legacy waste of 40000 m3 through bio-mining process on Design, Build, Own and Operate (DBOO) basis at the cost of Rs. 2,67,80,000/- (at the rate of Rs.
639 per m3).
M/s. Sri Sivaram & Co., Gobichettipalayam has made MoU with M/s. Ultra Tech Cement Limited, Ariyalur to utilize plastic waste recovered from bio-mining process for Co-incineration purposes and has made MoU with M/s. Iniya Traders, Erode for disposal of Glass fraction for recycling purposes.
The Gobichettipalayam Municipality has also engaged the Centre for Environmental Studies (CES), Anna University, Chennai as Project Management Consultant to assess the work by periodic site visits, volume measurements, observations at the site and review of records. A team from Centre for Environmental Studies (CES), Anna University visited the site to assess the progress of Biomining operations on 26 July 2019, 24 August 2019 and 30 October 2019. As per the Progress Report furnished by the team, the cumulative volume of legacy waste processed through Biomining is around 1337 m3 as on November 2019.
In the mean time, an Application was filed by the Applicant, Mr. R. Dinesh, S/o. M. S. Ramasamy, residing at No. 6, Parvathy Nagar, Pudupalayam, GobichettipalayamTaluk, Erode District, Tamil Nadu before the Hon'ble NGT (SZ) vide O.A. No. 99 of 2017 stating that the dumping of Municipal Solid Waste by the Gobichettipalayam Municipality of Erode District was carried out at the adjacent site of T. S. No. 2, Block 5, Ward D of Gobichettipalayam Municipality, Erode District without obtaining mandatory Environmental Clearance under the EIA Notification, 6 2006, Authorization under the Municipal Solid Waste (Management and Handling) Rules, 2000 and without Consent to establish under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 from the Tamil Nadu Pollution Control Board.
The applicant has also stated that this illegal dumping of waste resulted in complete contamination of Ground water in the said area and also prayed before the Hon'ble NGT (SZ)
a) To cease the dumping of waste at the site, T.S.No. 2, Block 5, Ward D of Gobichettipalayam Municipality, Erode District
b) To remediate the said site, restore it to its previous pristine state including remediation of ground water and soil.
c) To Direct the 3rd Respondent, District Environmental Engineer, TNPCB, Perundurai to initiate prosecution under the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution)Act, 1974 and the Air (Prevention and Control of Pollution)Act, 1981 for violations committed by them.
2) Directions of the Hon'ble NGT (SZ) on 19.12.2019 and its compliance
a) Directions issued to the TNPCB:
The Hon'ble NGT (SZ), Chennai in its order Dated:
19.12.2019 in O. A. No. 99 of 2017 has directed the Tamil Nadu State Pollution Control Board to inspect the area in question to ascertain the extent of legacy waste still present in that area untreated and damage if any caused to environment on account of dumping of waste in that area due to leachate generated and percolation of the same to the soil and also assess the environmental compensation if any to be recovered and submit a report.
b) Directions issued to the Gobichettipalayam Municipality:
The Hon'ble NGT (SZ), Chennai in its order Dated:
19.12.2019 in O. A. No. 99 of 2017 has also directed the Gobichettipalayam Municipality to submit a detailed statement regarding the action taken by them for disposal of the legacy waste and also the manner in which the waste generated in their municipality is being collected and disposed off and any steps or action plan prepared by them for complying the direction of the Hon'ble NGT in O.A. No. 606/2018 for implementation of the Solid waste Management Rules, 2016 within a period of one month.
c) Compliance of the Directions by the TNPCB:
Accordingly, the site was inspected by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Perundurai on 10.01.2020 and the inspection report was submitted to the Board vide Letter No. DEE/TNPCB/PND/NGT Application No. 99 of 2017/MSW/2019 Dated: 20.01.2020.7
d) Compliance of the Directions by the Gobichettipalayam Municipality:
The Gobichettipalayam Municipality has also submitted to the Hon'ble NGT, stating that no fresh waste is dumped in the said dump site and they were taking steps to dispose the same through Micro Compost yard and Bio-Methanation plant in the same place. Further, it was stated that they have already taken steps to dispose the legacy waste and have engaged an agency for that purpose by doing Biomining and as per the report of that agency, the work will be completed by 31.08.2020.
3) Directions of the Hon'ble NGT (SZ) on 27.01.2020 and its compliance Later, the Hon'ble NGT (SZ) in its Order Dated: 27.01.2020 in O. A No. 99 of 2017 has directed the first respondent Municipality to submit a progress report of the disposal of the legacy waste periodically and to file such report on 04.05.2020.
The Hon'ble NGT (SZ) has also directed the Central Pollution Control Board (CPCB), Regional Office, Ministry of Environment, Forest and Climate Change (MoEF& CC), Chennai and Tamil Nadu State Pollution Control Board (TNSPCB) to jointly take the responsibility of assessing environmental compensation, remedial measures required for improving the water quality in that area and also to take the assistance of any expert agency for this purpose, if desired. Further, the Hon'ble NGT (SZ) has nominated the TNPCB as the nodal agency for this purpose for coordination and providing necessary logistic support and directed the committee to submit the report before the next hearing scheduled earlier on 04.05.2020.
a) Compliance of the Directions by the TNPCB:
In accordance with the Directions of the Hon'ble NGT (SZ), the Board has constituted the Joint committee, comprising of the following members.
i) Dr. C. Kaliyaperumal, Director, Ministry of Environment, Forest and Climate Change (MoEF& CC), Regional Office (Chennai).
ii) Thiru. R. Rajkumar, Scientist, Central Pollution Control Board
iii) Thiru. R. Mathivanan, Joint Chief Environmental Engineer (M), TNPCB, Salem as Nodal Officer for the Joint Committee.
The terms of reference for the joint committee are as follows
i) To assess environmental compensation and the remedial measures for improving the water quality in the area which is seen contaminated due to the operation of the dumping ground.
ii) TNPCB to act as nodal agency for coordination and providing necessary logistic support.
iii) To submit report within a stipulated period of time as per Hon'ble NGT Orders.8
b) Compliance of the Directions by the Gopichettipalayam Municipality:
As directed by the Hon'ble NGT (SZ), the Gopichettipalayam Municipality has submitted report to the Hon'ble NGT (SZ) on 02.06.2020, stating that around 3,600 m3 of Waste has been processed and the remaining work will be completed before November 2020. Further, it was stated by the Municipality that the delay has been caused due to lock down declared on account of COVID-19 Pandemic in the state.
4) Directions of the Hon'ble NGT (SZ) on 03.06.2020:
In the subsequent hearing on 03.06.2020, the Hon'ble NGT in O. A. No. 99 of 2017 has directed the committee to submit the report regarding the progress of the work that is going on and also the compliance as per order dated 27.01.2020 and submit the report within a period of 3 months. The next hearing was scheduled on 04.09.2020.
5) Meetings of the Joint Committee:
A Preliminary meeting was conducted by the Joint Committee on 18.06.2020. Due to the COVID-19 pandemic situation, the meeting was conducted through video conference in Zoom App facility. After a detailed discussion, it was requested by the Committee Members to have a detailed power point presentation by Gobichettipalayam Municipality about bio mining method, status of work carried out in the site and progress made so far during the next meeting.
Accordingly, in the next meeting conducted on 05.08.2020 through video conference in Zoom App facility, Thiru. R. Thanumoorthy, Commissioner, Gobichettipalayam Municipality has given power point presentation regarding present status of Bio-mining activity carried out for legacy waste at Karattur compost yard Gobichettipalayam Municipality for all the Committee members. The committee has discussed in detail about the methods and facilities provided by the Gobichettipalayam Municipality for the collection and management of Municipal Solid Wastes and about the present status of biomining of legacy waste. Further, the committee members have requested the TNPCB officials to identify additional Sample locations around the dumpsite in all the directions and also to analyze the same through the Board's laboratory as well as a NABL accredited laboratory to assess additional parameters such as Phenolic compounds, heavy metals as per Municipal Solid Waste Management Rules, 2016.
a) Action taken by the TNPCB:
Based on the above, 10 additional sample locations were identified by the TNPCB officials around the Karattur Compost 9 Yard, Gobichettipalayam in all the directions and well water samples were collected on 10.08.2020.
The collected samples were handed over to the Advanced Environmental Laboratory, Tamilnadu Pollution Control Board, Salem and to NABL Accredited Lab M/s. GLENS Innovation Labs Pvt. Ltd., Chennai for the detailed analysis of open well and bore well samples for the following parameters as per Solid Waste Management Rules, 2016: pH, TSS, TDS, BOD, COD, Colour, Conductivity, Turbidity, Total Alkalinity, Oil & Grease, Arsenic, Cadmium, Chromium (as Cr6+), Copper, Cyanide, Lead, Mercury, Nickel, Nitrate as NO3, Iron, Total Hardness (as CaCO3), Phenolic Compounds (as C6H5OH), Zinc, Ammonical Nitrogen (as N), Total Kjeldahl Nitrogen (as N) and Sulphate (as SO4).
6) Consolidated Report of Analysis of Ground Water samples:
Ground Water Samples were collected by the TNPCB officials during July 2019, October 2019, January 2020, May 2020 and June 2020 from the Bore wells located in and around the Karattur Compost Yard, Gobichettipalayam.
Further, the Joint Committee in its meeting conducted through video conference on 05.08.2020 has decided to collect more Ground Water Samples around the said dump site of Gobichettipalayam Municipality in all the directions and to analyze the same through a NABL Accredited third party laboratory. Accordingly, additional Ground water samples were collected by the TNPCB officials on 10.08.2020 and analyzed through the NABL Accredited third party Laboratory, M/s. Glens Innovation Labs Pvt Ltd, Arumbakkam, Chennai.
The inference of the analysis report is already submitted to the Hon'ble National Green Tribunal (SZ), Chennai along with the Interim Report.
The consolidated Report of Analysis of the Ground water samples from the NABL Accredited Laboratory, M/s. Glens Innovation Labs Pvt Ltd, Arumbakkam, Chennai reveals that the Ground water samples at locations surrounding the dump site of Gobichettipalayam Municipality is not affected by the contamination of Heavy metals such as Arsenic, Cadmium, Chromium (as Cr6+), Copper, Cyanide, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc and it was observed that there is no impact on the surrounding groundwater quality due to the legacy waste dump site.
7) Ambient Air Quality Analysis:
The Ambient Air Quality survey was carried out on 20.07.2020 at four locations around the legacy waste dump site.
The Report of Analysis of the Survey conducted at the legacy waste site by the District Environmental Laboratory, TNPCB, Perundurai reveals that the parameters SO2, NO2, PM10, PM2.5 are 10 within the standards. The copy of the ROA vide Lr.No. TNPC Bd/DEL/PND/AAQS & SM/F.No. MSWM/2020-21 dated:
31.07.2020 is enclosed vide Annexure-I.
8) Present Status of biomining:
Based on the site visits and analysis of records, it is observed that 19962 m3 (5978 m3 of coarse soil + 13518 m3 of fine soil + 209 m3 of RDF + 257 m3 of other fractions) of legacy wastes is screened and disposed from Gobichettipalayam Biomining facility. This is about 49.90% of waste cleared from the total volume 40000 m3 to be cleared.
The progress report furnished by the Centre for Environmental Studies, Department of Civil Engineering, Anna University in December 2020 reveals that around 19962 m3 of legacy waste has been processed and disposed. Further, it was reported that some quantity of RDF is stacked at the site and yet to be dispatched.
The Centre of Environmental Studies, Department of Civil Engineering, Anna University, Chennai in its Progress Report prepared in December 2020 has recommended to implement the following.
(i) The receipt of the acceptance and delivery challan for RDF from the end user should include the Name of the supplier and Name of the site from where the RDF is received.
(ii) Ambient Air Quality Survey should be conducted at site during the operations and the results of the same should be submitted at the earliest as in the given format.
9) Progress of the Biomining Work:
The ongoing Biomining work involves the following processes.
a) The garbage dumped over these many years is excavated using suitable Mechanical excavators, control of odour, if any, with sanitizing inoculums, stabilizing the biodegradable wastes by heaping.
b) The excavated solid waste is transported to the biomining processing facility located adjacent to the legacy waste dump yard.
c) Mechanical screen (40 mm screen - 1 No.) is used to sieve the excavated waste and processed materials into recoverable fractions. Subsequently, the waste fractions such as plastic, textiles, tyre, rubber etc., are separated manually.
d) One vibrating screen is installed to separate the fine fractions, inerts. The bio earth and compost are stored in separate place for further disposal.
e) The incinerables are used as refuse derived fuel in waste to energy plant or cement plant. The coarse inert fraction are disposed by filling of low lying areas, road embankment etc. 11 RDF is being disposed to M/s. Ultra Tech Cement Limited, Ariyalur, M/s. Dalmia Cements, Ariyalur and M/s Associated Cement Company, Madhukarai, Coimbatore to utilize it for Co-
incineration. Other fractions such as Glass, Hard plastics, Chappals and Tyre fraction is disposed to local vendors viz. M/s. Shakthi Plastics, M/s. Iniya traders, Erode to utilize it for recycling purpose.
Order of the Hon'ble NGT (SZ), Chennai dated: 30.09.2020:
1. The Hon'ble National Green Tribunal (SZ), Chennai has granted some more time to the Committee as well as to the 1st Respondent to submit the final report and also the progress report regarding the Recommendations made by them.
2. The TNPCB shall file independent report regarding the action taken for non-compliance of the directions given by the Principal Bench of National Green Tribunal on O.A No. 606 of 2018 by the 1st Respondent Municipality.
Order of the Hon'ble NGT (SZ), Chennai dated: 07.01.2021:
The Hon'ble National Green Tribunal (SZ), Chennai vide order dated: 07.01.2021 has ordered as below.
"It may be mentioned here that it is against the directions issued by the 20 Principal Bench of National Green Tribunal, New Delhi in O.A. No.606/2018 and if any of the local bodies were not able to comply with the direction within the time line provided in that order, then their remedy is to approach the Principal Bench for extension of time and this Bench cannot grant extension, contrary to the orders passed by the Principal Bench in this regard which is being considered in a PAN India basis regarding the implementation of the Solid Waste Management Rules and periodical directions are being given including direction to the Pollution Control Board to take steps against the violating local bodies as such.
So under such circumstances, the Pollution Control Board as well as the Joint Committee are directed to file a further report in compliance with the directions issued by the Principal Bench of National Green Tribunal in O.A. No.606/2018 regarding the imposition of environmental compensation for non-compliance of the directions issued by the Tribunal within the time frame fixed by the Principal Bench before the next hearing date"
Subsequent to the above said orders of Hon'ble NGT (SZ), Chennai, the Gobichettipalayam Municipality legacy waste processing site was inspected on 20.02.2021. The Assistant Engineer, Gobichettipalayam Municipality hasinformed that around 29000 m3 of legacy waste has been processed so far out of 40000 m3. The Commissioner, Gobichettipalayam Municipality has assured to process the balance quantity of 11000 m3 of legacy waste before 31.03.2021.
Based on the order dated: 07.01.2021 of Hon'ble NGT (SZ), the interim environmental compensation for Gobichettipalayam 12 Municipality was arrived as Rs. 12,00,000/- (Rupees Twelve Lakhs) and submitted to the Member Secretary, TNPCB, Chennai for approval.
Solid Waste Management EC Calculation methodology adopted:
In view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and this Tribunal to comply with Solid Waste Management Rules, 2016 remain unexecuted, interim compensation scale is hereby laid down for continued failure after 31.03.2020. The compliance of the Rules requires taking of several steps mentioned in Rule22 from Serial No. 1 to 10 (mentioned in para 12 above). Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 10 lakh per month per Local Body for population of above 10 lakhs, Rs. 5 lakh per month per Local Body for population between 5 lakhs and 10 lakhs and Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance. If the Local Bodies are unable to bear financial burden, the liability will be of the State Governments with liberty to take remedial action against the erring Local Bodies. Apart from compensation, adverse entries must be made in the ACRs of the CEO of the said Local Bodies and other senior functionaries in Department of Urban Development etc. who are responsible for compliance of order of this Tribunal. Final compensation may be assessed and recovered by the State PCBs/PCCs in the light of Para 33 above within six months from today.
CPCB may prepare a template and issue an appropriate direction to the State PCBs/PCCs for undertaking such an assessment in the light thereof within one month.
Environmental Compensation Calculation:
Environmental Compensation to be levied to Gobichettipalayam Municipality is worked out as mentioned in O.A No. 606/2018 of Hon'ble NGT (PB), New Delhi. The population of the Gobichettipalayam Municipality is 63472 (based on 2011 census), the interim environmental compensation to be levied to the Gobichettipalayam Municipality is as below.
S. No Item Details
1 Period of Environmental 01.04.2020 to
Compensation to be levied 31.03.2021
(12 months)
2 Monthly compensation to be Rs.1.0 Lakh
levied for population less
than 5 Lakhs as per NGT
13
order.
3 Total Compensation for 12 Rs.12 Lakhs
months
Conclusion & Recommendations:
1. The fresh waste generated in the Municipality area is segregated, collected, organic waste is transported to MCC and converted into bio-compost and biogas. The other non-compostable waste is disposed as per Solid Waste Management Rules, 2016.
2. The Gobichettipalayam Municipality was having 40000 m3 of legacy waste accumulated over the period of 60 years. At present, the Assistant Engineer of the Municipality has informed that the total quantity of the legacy waste processed was 29000 m3 of legacy waste as on 16.02.2021. The Municipality has to process 11000 m3 of balance legacy waste.
3. The Committee's has arrived an Environmental Compensation of Rs.12 Lakhs (Rupees twelve Lakhs) and submitted to the Member Secretary, TNPCB, Chennai vide letter dated: 16.02.2021 as per the Orders of the Hon'ble National Green Tribunal (PB) in O.A No. 606 of 2018.
It is submitted that one of the members of the Committee Dr. C. Kaliyaperumal, Director, MoEF & CC, Regional Office (Chennai) is hospitalized and hence his signature could not be obtained from him. However, oral approval for the above said report has been obtained from him.
This is submitted for favour of kind information and necessary action please.
R. Mathivanan R. Rajkumar
JCEE(M), TNPCB, Scientist-D, Central Pollution
Salem Control Board
Regional Directorate,
Chennai
5. It is seen from the Joint Committee report that the fresh waste generated in the Municipality area is segregated, collected and organic waste is transported to MCC and converted into bio-compost and biogas and other non-compostable waste is disposed as per Solid Waste Management Rules, 2016. As regards legacy waste is concerned, there is remaining 14 waste of 11000m3 as on 16.02.2021 and the Committee has arrived at an environmental compensation of Rs. 12 lakhs in tune with the directions issued by the Principal Bench in O.A. No. 606 of 2018 and the same has been placed before the Member Secretary, Tamil Nadu Pollution Control Board, Chennai for consideration and appropriate sanction for proceeding further in this regard.
6. It is seen from the report submitted by respondents 1 and 2 that 70% of legacy waste has already been processed and the balance waste will be processed before 31.05.2021 and they want time till that date. However, time can be granted only subject to the orders already passed by Principal Bench in O.A. No. 606 of 2018 for implementation of Solid Management Rules, 2016 on pan India basis and the directions issued by the Principal bench from time to time to the Pollution Control Board to implement the direction in this regard. Further, the Pollution Control Board also appears to be proceeding with the matter and they proposed to initiate action in compliance with the directions of the Principal Bench in O.A. No. 606 of 2018. Under such circumstances and also considering the progress that is going on we feel that some more time can be granted subject to and not in variance to the directions issued by Principal Bench in O.A. No. 606 of 2018 directing Gobichettipalayam Municipality as well as Pollution Control Board to file further status report regarding the progress of the work in Gobichettipalayam Municipality. They are directed to submit the 15 further report as directed on or before 20.05.2021.
7. They are directed to submit the report before this Tribunal on or before 20.05.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with the necessary hardcopies to be produced as per Rules.
8. The Registry is directed to communicate this order to the members of the committee, Pollution Control Board, Gopichettipalayam Municipality and Chief Secretary, State of Tamil Nadu and Principal Secretary Local Administration by e-mail for information and for complying with the direction.
9. For consideration of further report, post on 20.05.2021.
.......................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) O.A. No.99/2017, 05th March, 2021. (AM) 16