National Green Tribunal
V.P. Krishnamoorthy vs Union Of India Rep By Its Secretary ... on 10 February, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.5 to 14:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.176/2013 (SZ)
(Earlier O.A. No. 562/2018)
With
Original Application No.34/2014 (SZ)
(Earlier O.A. No. 563/2018)
With
Original Application No.35/2014 (SZ)
(Earlier O.A. No. 564/2018)
With
Original Application No.36/2014 (SZ)
(Earlier O.A. No. 565/2018)
With
Original Application No.37/2014 (SZ)
(Earlier O.A. No. 566/2018)
With
Original Application No. 38/2014 (SZ)
(Earlier O.A. No.567/2018)
With
Original Application No.39/2014 (SZ)
(Earlier O.A. No. 568/2018)
With
Original Application No. 40/2014 (SZ)
(Earlier O.A. No.569/2018)
With
Original Application No. 41/2014 (SZ)
(Earlier O.A. No.570/2018)
With
Original Application No. 42/2014 (SZ)
(Earlier O.A. No. 571/2018)
V.P.Krishnamoorthy ....Applicant(s)
Versus
The Union of India&Ors. ....Respondent(s)
WITH
Page 1 of 32
K.S.Jayaraman ....Applicant(s)
Versus
The Union of India&Ors. ....Respondent(s)
WITH
R.Selvi ....Applicant(s)
Versus
The Union of India&Ors. ....Respondent(s)
WITH
K.Umachandran ....Applicant(s)
Versus
The Union of India&Ors. ....Respondent(s)
WITH
Smt. S. Shanthi ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
WITH
....Applicant(s)
G. Mahesh Kumar
Versus
....Respondent(s)
The Union of India & Ors.
WITH
....Applicant(s)
Smt. R. Vijaya
Versus
....Respondent(s)
The Union of India & Ors.
WITH
K. Sampath Kumar ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
WITH
K. Kamalakannan ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
Page 2 of 32
WITH
G. Purushothaman ....Applicant(s)
Versus
The Union of India & Ors. ....Respondent(s)
Date of hearing: 10.02.2022.
O.A. No.176/2013:-
For Applicant(s): Mr. A. Yogeshwaran.
For Respondent(s): Dr. D. Shanmuganathan for R2.
Mr. S. Sai Sathya Jith for R3.
Mr. Krishna Srinivasan represented
M/s. Ramasubramaniam Associates for R6.
Mr. D.S. Ekambaram along with
Mrs. P. Jayalakshmi for R12.
O.A. No.34 to 42/2014:-
For Applicant(s): Mr. Kandhan Doraisamy.
For Respondent(s): Mr. Krishna Srinivasan represented
M/s. Ramasubramaniam Associates for R3.
Dr. D. Shanmuganathan for R4.
Mr. S. Sai Sathya Jith for R5.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
1. As per order dated 27.05.2021, this Tribunal had extracted the order passed on 08.07.2020 in Para (1) of the order and considered the status report submitted by the Central Pollution Control Board dated Page 3 of 32 15.12.2020, e-filed on 09.03.2021 and extracted in Para (5) of the order and also considered the reply affidavit with regard to the objection filed by M/s. BPCL to the earlier report and the same was extracted in Para (7) of the order and then, passed the following order:-
"8. It is seen from the reply statement that they have given a detailed reasons as to why they have come to such conclusion in their report regarding the compliance report showing some deficiencies in the SVE system and directing the M/s. BPCL to modify the same. Being an expert body on this aspect, we accept the reply submitted by the Central Pollution Control Board in this regard and direct the M/s. BPCL to carry out the directions issued by the Central Pollution Control Board as requested for in this reply statement namely, direct the M/s. BPCL to carry out detailed site investigation and risk investigation study to evolve Site Specific Target Levels (SSTLs) for remediation of oil contaminated site at Tondiarpet, Chennai and direct the M/s. BPCL to augment SVE system by connecting as many wells as possible and by operating both the SVE system simultaneously to optimal extraction rate.
9. So, M/s. BPCL is directed to carry out these directions issued by the Central Pollution Control Board as part of remediation process.
10. The learned counsel appearing for the M/s. BPCL submitted that they have already complied with the direction as well. If that be the case, the Central Pollution Control Board is directed to inspect these areas with the Tamil Nadu Pollution Control Board and ascertain as to whether the directions issued by them have been complied with or not. If it is not complied with, then they are directed to issue further necessary direction in this regard and submit a detailed report to this Tribunal before the next hearing date.
11. The Tamil Nadu Pollution Control Board is also directed to carry out the directions issued by the Central Pollution Control Board in their status report which has been mentioned above.
12. The matter is pending since 2013 onwards and the remediation process are still in progress. Unless the remediation process is completed, it cannot be said that the purpose of directions issued by this Tribunal have been fully complied with or implemented and the damage caused to the environment has been restored to its original position.
13. Mr. Kandhan Doraisamy, the learned counsel appearing for the applicants in O.A. No.34/2014 to 42/2014 submitted that during the lock down period, the water as undertaken by the M/s. BPCL has not been supplied and when the officials were contacted, they said that they have entered into a contract with the CMWSSB for supply of water and they are doing it, but no water supply has been done.Page 4 of 32
14. When this was pointed out, the learned counsel appearing for the M/s. BPCL submitted that all arrangements have been made and they will ensure that the water supply will be properly done as undertaken by them. The officials of the M/s. BPCL are directed to look into the issue and resolve the same and comply with the direction issued by this Tribunal for supply of water to the people of the locality who have been affected on account of the contamination caused to the ground water in that area.
15. The Central Pollution Control Board as well as the Tamil Nadu Pollution Control Board and the M/s. BPCL are directed to file their further status and compliance report including the steps taken regarding further remediation process that is being suggested by the CPCB and regarding the health study that is directed to be done by the ICMR and submit the reports to this Tribunal on or before 27.08.2021 by e-filing in the form Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
16. The Registry is directed to communicate this order to the members of the committee, Central Pollution Control Board, Tamil Nadu Pollution Control Board, BPCL by e-mail immediately for their information and compliance of the direction."
2. The case was originally posted to 27.08.2021 for consideration of further compliance report and progress of the remediation process. Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 17.01.2022.
3. We have received the status report submitted by the Project Proponent namely, the 6th Respondent dated 23.08.2021, e-filed on 24.08.2021 which reads as follows:-
Page 5 of 32 Page 6 of 32 Page 7 of 32 Page 8 of 32 Page 9 of 32 Page 10 of 32 Page 11 of 324. The Central Pollution Control Board and the Tamil Nadu Pollution Control Board has filed a compliance status report dated 26.08.2021, e-
filed on the same date which reads as follows:-
"Compliance Status Report of CPCB and TNPCB in the matter of O. A. No 176 of 2013 (SZ) (Earlier OA No 562 of 2018 (PB)), V. P. Krishnamurthy Vs Union of India & Ors, as per order dated May 27,2021.
Background:
The Hon'ble National Green Tribunal, Southern Bench, Chennai, in the matter of O. A. No. 176 of 2013 (SZ) (Earlier O. A. No. 562 of 2018); V. P. Krishnamoorthy Vs. Union of India & Ors, passed an order dated 27.05.2021 that:
"8. It is seen from the reply statement that they have given a detailed reason as to why they have to such conclusion in their report regarding the compliance report showing some deficiencies in the SVE system and directing the M/s BPCL to modify the same. Being an expert body on this aspect, we accept the reply submitted by the Central Pollution Control Board in this regards and direct the M/s BPCL to carry out the directions issued by the Central Pollution Control Board as requested for in this reply statement namely, direct the M/s BPCL to carry out detailed site investigation and risk investigation study to evolve Site Specific Target Levels (SSTLs) for remediation of oil contaminated site at Tondiarpet, Chennai and direct the M/s BPCL to augment SVE system by connecting as many well as possible and by operating both SVE system simultaneously to optimal extraction rate.Page 12 of 32
9. So, M/s BPCL is directed to carry out these directions issued by the Central Pollution Control Board as part of remediation process.
10. The Learned Counsel appearing for the M/s BPCL submitted that they have already complied with the directions as well. If that be the case, the Central Pollution Control Board is directed to inspect these areas with the Tamil Nadu Pollution Control Board and ascertain as to whether the directions issued by them have been complied with or not. If it is not complied with, then they are directed to issue further necessary direction in this regard and submit a detailed report to this Tribunal before the next hearing date.
11. The Tamil Nadu Pollution control Board is also directed to carry out the directions issued by the central Pollution Control Board in their status report whichhas been mentioned above.
15. The Central Pollution Control Board as well as the Tamil Nadu Pollution Control Board and the M/s BPCL are directed to file their further status and compliance report including the steps taken regarding the health study that is directed to be done by the ICMR and submit the reports to this Tribunal on or before 27.08.2021 by e-filing in the form Searchable PDF/OCR supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules".
A copy of the said order is annexed at Annexure-I.
1. Status of Compliance by BPCL w.r.t CPCB directions:
A. To carry out detailed site investigation and risk assessment study to evolve Site Specific Target Level (SSTLs) for remediation of Oil contaminated site at Tondiarpet, Chennai;
M/s BPCL submitted the Detailed Site Assessment Report (Post CMRL Excavation) on 06.08.2021, the summary of the assessments are as below;
i. Three soil borings of depth 70 feet, & dia of 8 inch (one near to the Oil pipe where leakage occurred (hot spot) , second one in peripheral of south side, Page 13 of 32 third one in peripheral of North-East direction) were installed at the strategic locations adjacent to existing monitoring wells. The soils samples were taken in 5 feet interval, the samples were analysed, the mass reduction in terms of Total Petroleum Hydro Carbon(TPH) in six year span is depicted in Annexure - 2. The analysis reports indicates that;
Low concentrations of Diesel Range Organics (DRO) were reported in almost all samples, the detected concentrations are in the range of 0.08 mg/kg - 144.61 mg/kg.
Gasoline Range Organics (GRO) were found below detectable limit (0.01 mg/kg) in most of the samples analysed. Low concentrations were reported atfew locations, ranging from 0.02 mg/kg to 4.49 mg/kg. Low concentrations of Total Petroleum Hydrocarbon (TPH) were reported in almost all samples, the detected concentrations ranged from 0.08 mg/kgto 153.83 mg/kg.
Higher concentrations of TPH were reported in soil samples collected between 35-36.5 feet bgs in MW-26A (153.83 mg/kg.) located near SVE-3, 10-11.5 feet bgs in Boring-2 (25.09 mg/kg) located near MW-16AB in Devi polymer property, and in ASB-1 (23.02 mg/kg) & (50.58 mg/kg) located near MW-1AB in Vardhraj Perumal Koil Street.
Benzene, Toulene, ethyl benzene, Xylene, PAH and naphthalene were not reported in any of the soil samples.
The DRO & TPH Concentrations detected in soil samples collected in February 2021 are significantly lower, compared to the concentrations recordedin 2015 siteassessment.
Overall, there is a significant reduction in petroleum hydrocarbon concentrations in soil compared to 2015 data. As per the Ministry of Environment and Forestry (MOEF) document titled Guidance document for assessment and remediation of contaminated sites in India, dated March 2015, screening levels for benzene at 0.5 mg/kg, xylenesat 5 mg/kg, toluene at 3 mg/kg naphthalene at 1 mg/kg and ethylbenzene 5 mg/kg, for a residential neighborhood. For TPH an intervention response level of 5,000 mg/kg. TPH, benzene, xylenes, Page 14 of 32 ethylbenzene, and naphthalene concentration are low and not exceeded the response levels. At a few areas high DRO and TPH concentrations continue to exist (MW-26A, MW-25AB and ASB-1) between 20
- 55 feet bgs that warrant continuation of remediation.
ii. Seven more new wells ( 5 shallow wells having depth of 25-35 feet and 2 deep wells of 65-75 feet) were installed to compensate the wells abandoned due to CMRL Excavation, all these wells were monitored once in a month, the reductionof contamination is given at Annexure -3.
The analysis reports of Shallow wells;
DRO was not detected in most of the shallow screened monitoring wells. Low concentrations were reported at few wells ranging from 0.08 mg/L to 0.66 mg/L at MW-25A and MW-26A respectively which are adjacent to aboundedwells MW-17A & MW-12A.
TPH was not detected in most of the shallow screened monitoring wells. Low concentrations were reported at few wells ranging from 0.08 mg/L to 0.66 mg/L at MW-25A and MW-26A respectively.
Benzene and naphthalene were not reported in any of the groundwater samples collected. only Xylenes reported in MW-2A with concentration of 76.50 mg/L. The DRO & TPH Concentrations detected in groundwater samples collected fromthe existing shallow screened wells and newly installed wells adjacent to the abounded wells in March 2021 are significantly lower, compared to the DRO & TPH concentrations recorded in 2015 site assessment. Polycyclic Aromatic hydrocarbons (PAH) were not detected in any of the ground water samples.
The analysis reports of Deep wells;
DRO was not detected in most of the shallow screened monitoring wells. Low concentrations were reported at few wells ranging from 0.10 mg/L to 0.35 mg/L at MW-26B and MW-3B, respectively.
Page 15 of 32 TPH was not detected in most of the shallow screened monitoring wells. Low concentrations were reported at few wells ranging from 0.10 mg/L to 0.35 mg/L at MW-26B and MW-3B, respectively.
Benzene and naphthalene were not reported in any of the groundwater samples collected. Only Xylenes reported in MW-3B with concentration of 22.97 mg/L. The DRO & TPH Concentrations detected in groundwater samples collected fromthe existing deep screened wells and newly installed wells adjacent to the abounded wells in March 2021 are significantly lower, compared to the DRO& TPH concentrations recorded in 2015 site assessment.
Polycyclic Aromatic hydrocarbons (PAH) were not detected in any of the ground water samples.
Overall, the groundwater analytical data indicates that concentration of petroleum hydrocarbons in groundwater within the shallow and deep-screened monitoring wells has decreased significantly since 2015. As per the Ministry of Environment and Forestry (MOEF) document titled Guidance document for assessment and remediation ofcontaminated sites in India, dated March 2015, identifies screening levels for, benzeneat 0.005 mg/L, xylenes at 0.5 mg/L, toluene at 0.7 mg/L TPH at 0.5 mg/L and ethylbenzene 0.3 mg/L, for drinking water. TPH, benzene, and ethylbenzene concentrations are not exceeding the screening levels.
iii. Quantification of Residual Hydrocarbon mass in contaminated site;
Based on the analytical data and TPH Iso concentration contour mapsof Soil [0'-50'] feet bgs, the lateral extent of petroleum hydrocarbon impact to soil was calculated.
Approximately, 1053.93 kg of residual TPH is estimated to be present in soil in comparison to estimated mass of 32,797.61 kg of TPH in 2015 (Annexure
- 4).
Based on the Groundwater analytical data and TPH Iso concentration Page 16 of 32 contour maps of groundwater in shallow and deep screened wells (Annexure -5)the lateral extent and impact of petroleum hydrocarbon impact to groundwater was calculated.
Residual mass in groundwater is estimated to be approximately 2.11 kg in March 2021, compared to 1,380.97 kg of TPH estimated in 2015 ( Annexure
- 6).
iv. Mass Balance Summary of TPH during 2015 - 2021 The total mass estimated in 2015 assessment, Mass removed by SVE units and absorbent socks, Mass removed by CMRL activity and unaccounted mass removed by SVE units during the high slug movement into the treatment system till February 2021 and the remaining mass present at site in 2021 are given below;
Mass
Mass Remove Mass Mass Removed by
Remove dby Removed SVE units Mass
Initial
dby SVE Socks byCMRL (Unaccounted)/ Remaini
Mass
(2016- (2015- (2018- Natural n
(2015) (Kg)
2021) (Kg) 2020) 2019)(Kg) Attenuation g (2021)
(Kg) factors (Kg) (Kg)
34,178.57 16,739.58 69.093 4,849.137 11,464.717 1056.043
v. Observations and recommendations of the re assessment study
Significant reduction in soil and groundwater concentrations is being
observeddue to remedial efforts and natural attenuation. Residual mass continues to be present in the 25 to 35 feet bgs interval that warrants continuation of remediation.
Although low concentrations of petroleum hydrocarbons are being reported in groundwater samples, not recommend to use of groundwater in private bore wells.
Higher concentrations of DRO and TPH observed between 25 and 35 feet bgs at a few locations, hence to continue SVE systems to reduce concentration of Page 17 of 32 petroleum hydrocarbons in soil for a period of at least 6 months. Also to continued operation of the air sparge system located atSVE Unit -2. In addition, study recommends operation of a second air sparge systemat SVE Unit- 1 and connecting the second AS system to wells AS-3a and SVE-8. And also recommend to connecting newly installed wells 26A, located in the alley,and MW-25A, located in Devi Polymer property to the SVE-2, and SVE-1 respectively.
B. To install soil Gas Probes to monitor VOCs in Vadose zone of sub- soil at 3 locations in affected area, which shall become part of revised remediation scheme;
No Soil Gas Probes to monitor VOC in Vadose zone of sub soil is installed, it is informed that " since the low concentration in the influent air samples of the SVE system, installation of soil gas probes may not help in monitoring of VOC."
C. To augment SVE system by connecting as many wells as possible and by operating both the SVE systems simultaneously to optimal extraction rate;
Presently operating two SVE systems to mitigate petroleum hydrocarbon impact on the subsurface near VPK Street and TH Road, Tondiarpet, Chennai. The SVE
-1 system consists of 10 HP extraction blower & SVE -2 system consists of a 20 HP Liquid ring vacuum pump used to extract petroleum hydrocarbon vapors from the contaminated area using vapor extraction wells. The extracted vapors are abated in a catalytic oxidizer & thermal oxidizer rated at 250 (CFM) and 500 (CFM) in systems SVE-1 and SVE-2, respectively. As per National Green Tribunal (NGT) court order and based on affidavit filed by CPCB on 6th July 2017, the consultant of M/s BPCL (M/s Stratus Environmental INC) obtained permission from CMRL to access the contaminated area under its control. The Stratus began operating the SVE -1 system in May 2016 and SVE-2 beginning 22nd September 2017. SVE-1 is operated 24-hours a day and SVE -2 is being operated for 12 hourssince 10th June 2020.
SVE -1 is connected with 8 wells (MW- 2A, 3A, 4, 5, 7, 8, 9 & MW - 16A) and SVE- 2 is connected with 7 wells ( MW - 2A, 4A, 26A, SVE- 1, 11, 12). The Air Page 18 of 32 sparging unit -1 is started operated at SVE-2 system and connected to 4 Sparging wells ( AS - 6, ASB - 1, AS - 2, DBAS - 1). However, in SVE -1, commissioning of air compressor is under progress, it is informed that before August 31, 2021, five air sparging wells ( AS-4,5,7,3a and SVE-8 ) will be connected to SVE -1 system.
SVE Systems -Performance Summary SVE system 1 has operated for 34,311 hours since 20th May 2016 and SVE system 2 operated for 3,581 hours since 13th January 2020 as of June 2021. The SVE -1 unit has extracted approx. 15,058.05 Kilograms of petroleum hydrocarbons, as of June 2021.
The SVE -2 unit has extracted approx. 1,887.94 Kilograms of petroleum hydrocarbons as of June 2021.
Total amount of petroleum hydrocarbon vapor extracted beneath the subsurface soil through SVE 1 & 2 was estimated an amount of 16,945.99 Kilograms (Approximately)as of June 2021.
D. To take immediate steps to entrust the health impact study to ICMR;
o As per the follow-up of CPCB, TNPCB convened meeting on 23.04.2021 through Video conference to review the status of award of health study to ICMR. The meeting was attended by the officials of CPCB, TNPCB, ICMR and BPCL. Thediscussions held and conclusion of meetings are as below;
- M/s BPCL informed that they are coordinating with ICMR to entrust the study of health hazard in the oil contaminated site at Tondiarpet and also informed about they obtained technical & financial approval from corporate office for awarding the project to ICMR.
- ICMR informed that the project proposal was considered by various committees of ICMR and also expressed that the project could not dealt directly with ICMR due to conflict of interest and influence by the funder and requested to arrange payment of cost of study either through TNPCB or CPCB.
Page 19 of 32- ICMR also expressed the suggestion of Human Ethics committee to carrying out the health hazard study after the COVID -19 Pandemic in view of the data collection like blood and urine samples from the affected people in the oil contaminated site at Tondiarpet will not reflect the correct picture.
- On detailed discussion, CPCB & TNPCB official asked ICMR to furnish detailed project report of National Institute of Epidemiology containing proposal of health hazard study at affected place of Tondiarpet with information on proposed date of commencement of the study. The copy of Minutes meeting is enclosed at Annexure -7 o As decided in the meeting, ICMR submitted the proposal vide letter dated May 12, 2021 (Annexure -8) to TNPCB and expressed that commencement of study only after subsidence of the COVID -19 Pandemic.
o On further follow up of CPCB, TNPCB organised meeting on 11.08.2021 at TNPCB, H.O., Chennai to review the status of ICMR to take up of project. The meeting was attended by the officials of CPCB, TNPCB, ICMR and BPCL. In the meeting ICMR expressed willingness to start the study on issue of work orderby TNPCB along with payment of 90 % of project cost. In the meeting it was convinced that payment will routed through TNPCB either in the form of Cheque or DD drawn by BPCL in the name of ICMR, the minutes of meeting is enclosed as Annexure .9.
o Subsequently ICMR expressed vide mail dated August 12, 2021 that "Since the reported number of COVID 19 cases have been reduced, we wish to undertake the study upon receipt of the funds from TNPCB, funds can be transferred from TNPCB to the account of ICMR-NIE mentioned in the mandate form or through a DD drawn in favour of "The Director, ICMR NIE", payable at Chennai"
o As per the ICMR proposal, the duration of the study is 10 months (1 month for preparatory activities, 6 months for field data collection and 3 months for laboratory testing and data analysis) , the study duration starts from the date of Page 20 of 32 receipt of funds.
o On receipt of proposal, TNPCB directed M/s BPCL vide letter dated 13.08.2021 to issue work order to ICMR along with release of 90% of the total project cost Rs. 1,01, 40413.00 in the mode of DD favour of "The Director, ICMR NIE" payable at Chennai and the same may be delivered to ICMR through O/o TNPCB.
2. Status of Remediation work of Oil contaminated site at Tondiarpet, Chennai
i) BPCL installed Soil Vapour Extractions (SVE) system to extract mass of Petroleum hydrocarbons from soil and groundwater, 1st SVE was commissioned in May, 2016. The vapours extracted from wells are disposed by incineration incatalytic oxidiser.
ii) Operation of 1st SVE system got disrupted during the year 2017 due to commencement of Chennai Metro Rail Limited works, which resulted in disconnection of underground pipe network of various monitoring wells, vapour extraction wells and air spraining wells connected to 1st SVE system. As a result,the said SVE system was relocated and re-commissioned between September-October, 2018.
iii) Due to limited capacity of 1st SVE system, Committee constituted by Hon'ble NGT under Chairman, CPCB directed BPCL to install additional SVE system. Accordingly, BPCL has installed 2nd SVE system in November, 2019 with vapour extraction capacity of 500 cubic feet per minute (cfm). Some of the SVE wells and Air Sparging wells are connected to 2nd SVE system located in the premises of Dal Mill property along V.P.K. Street.
iv) During joint monitoring by CPCB and TNPCB on August 06,2021 both SVE systems were found in operation.
v) 1st SVE system was connected with 8 Soil Vapour Extraction wells ((MW-
2A, 3A, 4, 5, 7, 8, 9 & MW - 16A ). During monitoring, extraction of petroleum hydrocarbon mass was observed from all 8 wells and operating at 98 - 99 cfm against the designed capacity of 250 cfm.
vi) At the time of inspection, 2nd SVE system was connected with 7 monitoring wells MW-16A and extraction petroleum hydrocarbon mass was observed from 5 Page 21 of 32 wells only. It was operating at 210-225 cfm against the designed capacity of 500 cfm.
vii) Monitoring team conducted performance of both SVE systems by taking gas samples from inlets and outlets. The performance of both SVE system is given at Annexure-10. Study indicates that 1st SVE system was operating at 1/3rd of design capacity with destruction efficiency of 58-59%, whereas 2nd SVE system was operating at 45% capacity with 98% destruction efficiency.
viii) As per records, 1st SVE system has been operating round the clock and soil vapours extracted from 8 wells at a rate of about 27-28 cfm, which is diluted with air to 96-99 cfm. Similarly, SVE -2 was found operated for 11 -12 hrs in a day and soil vapours extracted from 5 wells at a rate of 140 - 155, which is diluted with air to 210 -225 cfm. As per the field data maintained by the operator, the hours of operation, field flow rate, inlet-outlet VOC concentration values, system flow rate and field data of past 18 month for SVE 1 and 11 month for SVE 2 system are given at Annexure-11.
ix) Monthly performance data indicates that so far about 16,945.94 kg of Gasoline Range Organics (GRO) has been extracted from soil and groundwater till June2021 at an average of about 102.72 & 143.38 kg of GRO extracted per month through SVE 1 & 2 respectively. Summary of Monthly performance data of SVE system is given at Annexure-12.
x) It was observed that vapours from different wells were extracted without air sparging in SVE 1 system. Field data indicates that the extracted vapours has only GRO which is having lower carbon ranges, however higher carbon range from soil and groundwater can be extracted through SVE system when air sparging is performed. This is evident from the fact that analysis results of groundwater indicate presence of DRO, TPH and THC which are of higher carbon ranges.
3. Water Quality study conducted by CPCB & TNPCB A team of officials from CPCB and TNPCB carried out groundwater sampling in oil contaminated site at Tondairpet, Chennai on August 06, 2021. Samples were collected from monitoring wells located in and around the impacted area. Observations and findings of the groundwater quality study is given below:
i) At the time of sampling it was noticed that, 7 out of 22 shallow monitoring Page 22 of 32 wells were abandoned due to Chennai Metro Rail Limited (CMRL) construction works. To replace abandoned wells 5 more new wells were constructed near to abandoned wells. There was no accessibility to collect samples from 5 monitoring wells, hence remaining 15 shallow monitoring wells were monitored.
ii) Out of 10 deep monitoring wells, 2 wells were abandoned due to CMRL works, to replace these, two more constructed to represent abandoned wells.
During inspection 3wells were not having access (being junction road and private premises), therefore samples were collected from 7 deep monitoring wells, the details of MWs installed and map showing its location are given at Annexure-13.
iii) The analysis report of groundwater samples carried out from monitoring wells on 06.08.2021 is given at Annexure-14.
iv) It is observed that, groundwater quality in shallow wells located in outer delineated boundary shows no traces of any petroleum compounds. However, monitoring wells located in core area i.e MW- 2A, 4A, 15A, 16A, 25A and 30 A shows presence of TPH, DRO,THC and TOC.
v) Similarly in Deep monitoring wells located in outer delineated boundary shows no traces of any petroleum compounds, the well located in core area i,e MW 3B& 7B reported the traces of petroleum compunds.
vi) Concentration of Mineral Oil was found within permissible limit of 0.5 mg/L inall monitored wells..
vii) As per the analysis report, no traces of petroleum compounds observed in South and West delineated boundary of contaminated site. However, traces of petroleum compounds were observed in core area as well as in North and South- East direction of outer delineated boundary of contaminated area.
4. Conclusions :
i. M/s BPCL has taken steps to reassessment of contaminated site upon completion of CMRL works by installing new bores and additional monitoring wells, as per the assessment, concentration of petroleum hydrocarbon in soil found reduced significantly compared to 2015 data. As per Guidance document for assessment and remediation of contaminated sites, The concentration of Chemicals of Concern in soil were found less than screening levels ( benzene - 0.5 mg/kg, xylenes - 5 mg/kg, toluene - 3 mg/kg, naphthalene - 1 mg/kg, ethylbenzene -5 mg/kg, TPH - 5,000 mg/kg). At a few areas high DRO and TPH Page 23 of 32 concentrations continue to exist (MW-26A, MW-25AB and ASB-1) between 20 - 55 feet bgs that warrant continuation of remediation.The groundwater analytical data indicates that concentration of petroleum hydrocarbons in groundwater within the shallow and deep-screened monitoring wells has decreased significantly since 2015. As per Guidance document for assessment and remediation of contaminated site. The concentration of Chemicals of Concern in ground water found less than screening levels ( benzene at -0.005 mg/L, xylenes
- 0.5 mg/L, toluene - 0.7 mg/L TPH - 0.5 mg/L and ethylbenzene - 0.3 mg/L).
ii. As per the Mass balance summary, estimated total mass of petroleum Hydrocarbon was 34,178.57 kg (in 2015), the mass removed through remediation is 16,739.58, through socks - 69.093 kg ( floating oil), through CMRL exaction
- 4,849.137 kg and natural Attenuation- 11,464.717kg. Mass remaining in soil is 1056.043 kg.
iii. Both SVEs are in operation and wells are connected to both SVE system, the inlet concentration at SVE-1 indicates the significant reduction in South and South-
East direction iv. ICMR submitted the proposal vide letter dated May 12, 2021 to TNPCB and expressed that commencement of study only after subsidence of the COVID - 19 Pandemic. However, in last meeting held on August 11, 2021, ICMR expressed to commence the study on receipt of work order along with payment of 90% of project from TNPCB. Subsequently, ICMR submitted the detailed proposal along with tentative activity chart. As per that, the duration of the study is 10 months (1 month for preparatory activities, 6 months for field data collection and 3 months for laboratory testing and data analysis) , the study duration starts from the dateof receipt of funds.
v. TNPCB directed the M/s BPCL vide letter dated August 13, 2021 to issue work order and to release 90% of project cost to ICMR to conduct health hazardous study in Tondiarpet contaminated site.
5. As per the findings of groundwater quality monitoring and the progress in carrying out health study by ICMR, the following are submitted for consideration of Hon'ble Tribunal:
i) May grant about 10 months' time for completion of qualitative Page 24 of 32 health study in affected area by ICMR with project funding from BPCL by considering theconstraint due to COVID - 19 pandemic.
ii) BPCL may optimize operation of 1st SVE system by installing air sparging toimprove extraction of Higher Carbon ranges from soil.
iii) BPCL may carryout reference soil & ground water analysis by taking samples (from different depth) from 500 mts away from the contaminated site in upward direction to understand the concentration of Hydro carbon in non- contaminated area and also to fix the target level of remediation.
iv) TNPCB may conduct regular monitoring of ground water as well as performance of SVE systems to ensure the continues operation of remediation activity.
Hon'ble Tribunal may be pleased to pass appropriate order."
5. The Tamil Nadu Pollution Control Board also filed a report signed by the officer on 13.09.2021, e-filed on 15.09.2021 which reads as follows:-
"REPORT FILED ON BEHALF OF THE RESPONDENT -
TAMIL NADU POLLUTION CONTROL BOARD I, R. Rajamanickam, S/o P.M. Ramasamy, Hindu, aged about 57 years, having office at No.76, Mount Salai, Guindy, Chennai-600 032, do hereby solemnly affirm and sincerely state as follows:
I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board and I am filing this Report on behalf Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case as per records.
1. It is respectfully submitted that the Hon'ble National Green Tribunal, Southern Bench, Chennai, in the matter of O. A. No. 176 of 2013 (SZ) (Earlier O. A. No. 562 of 2018); V. P. Krishnamoorthy Vs. Union of India & Ors, passed an order dated 27.05.2021 that:
"11. The Tamil Nadu Pollution control Board is also directed to carry out the directions issued by the central Pollution Control Board in their status report which has been mentioned above.Page 25 of 32
15. The Central Pollution Control Board as well as the Tamil Nadu Pollution Control Board and the M/s BPCL are directed to file their further status and compliance report including the steps taken regarding the health study that is directed to be done by the ICMR and submit the reports to this Tribunal on or before 27.08.2021 by e-filing in the form Searchable PDF/OCR supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules".
2. It is respectfully submitted that in pursuance to the above order dated 27.5.2021, the said site was inspected by Officials of TNPCB & CPCB on 6.8.2021 and the joint inspection report is enclosed vide Annexure - 1A.
3. It is respectfully submitted that TNPCB convened a meeting on 23.04.2021 through video conference to review the status of award of health study to ICMR. The meeting was attended by the officials of CPCB, TNPCB, ICMR and BPCL and minutes of the meeting is enclosed vide Annexure - 2A. . Based on the meeting, ICMR submitted the proposal vide letter dated May 12, 2021 to TNPCB and expressed that commencement of study will be taken up only after subsidence of the COVID -19 Pandemic.
4. It is respectfully submitted that TNPCB organized second meeting on 11.08.2021 at TNPCB, Chennai to review the status of progress of the project including health study by ICMR. The meeting was attended by the officials of CPCB, TNPCB, ICMR and BPCL. In the meeting ICMR expressed willingness to start the study on issue of work order by TNPCB along with payment of 90 % of project cost. In the meeting, it was convinced that payment will be routed through TNPCB either in the form of Cheque or DD drawn by BPCL in the name of ICMR and insisted to furnish work plan with cost of the study project. The minutes of meeting is enclosed as Annexure .3A.
5. It is respectfully submitted that ICMR has furnished work plan wherein the duration of the study is mentioned 10 months (1 month for preparatory activities, 6 months for field data collection and 3 months for laboratory testing and data analysis) and the health study will be started immediately after the initial payment of 90% of the project cost.
6. It is respectfully submitted that TNPCB has communicated M/s BPCL vide letter dated 13.08.2021 to issue work order to ICMR along Page 26 of 32 with release of 90% of the total project cost Rs. 1,01, 40413.00 in the mode of DD favour of "The Director, ICMR NIE" payable at Chennai.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to take this Report on record and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
6. It is seen from the compliance status report submitted by the Central Pollution Control Board and Tamil Nadu Pollution Control Board that though there was lot of improvements happened due to continues remediation process that has been undertaken by M/s. BPCL, but certain other things also will have to be carried out and they have given certain directions in this regard. Though they have mentioned in the status report that to install the Soil Gas Probes to monitor VOC in Vadose Zone of sub soil at 3 locations in affected area, which shall become part of revised remediation scheme, it was not installed.
Further, they have mentioned that they have received a reply from M/s. BPCL that since the low concentration in the influent air samples of the SVE system, installation of soil gas probes may not help in monitoring the VOC. But they have not expressed their opinion as to whether that will have to be installed or not. If they have are not in agreement with the submissions made by M/s. BPCL, then they will have to express their opinion about the same, as M/s. BPCL has Page 27 of 32 mentioned in their compliance report that if such a direction is given by the CPCB, they are ready to abide by the same as well.
7. So, the Central Pollution Control Board (CPCB) has to take a call on this issue and give necessary directions to M/s. BPCL in this regard.
8. It is also mentioned in the report that certain works have been undertaken by them regarding the augmentation of the SVE system by connecting as many wells as possible and by operating both the SVE Systems simultaneously to optimal extraction rate and reply to that stating that it was undertaken to be completed before 31st August, 2021.
But nothing has been mentioned as to whether the same has been complied with and the usage is at optimal level as required by them.
Further, in the conclusion portion of the report, certain recommendations have been given and the same will have to be carried out by M/s. BPCL in this regard.
9. The Central Pollution Control Board and the Tamil Nadu Pollution Control Board have to monitor the same as to whether the entire remediation process has been completed and whether that is sufficient to remove the damage caused to the soil and water and if there are any further steps to be taken in spite of compliance of the earlier recommendations, they are also directed to recommend the further Page 28 of 32 remediation, if any, required in this regard, so that M/s. BPCL can carry out the same and make the entire area pollution free as before.
10. It is also seen from the report that the ICMR has quantified the amount required for the study as Rs.1,01,40,413/- and 90% of the amount will have to be released in advance and the balance 10% can be paid after the study report was submitted. The State Pollution Control Board had issued a letter to M/s. BPCL vide their letter dated 13.08.2021, requesting them to release 90% of the amount and take in the mode of DD in favour of "The Director, ICMR, NIE" payable at Chennai.
11. The learned counsel appearing for M/s. BPCL submitted that the said amount has been released and the Demand Draft has been sent as requested as early as on 27.10.2021.
12. If the amount has been released, then the CPCB in coordination with the TNPCB and ICMR are directed to conduct the health study as directed and obtain the report and if any further remediation is required on the basis of the health study conducted, that also will have to be suggested by them to be carried out by M/s. BPCL to remedy the situation fully.
Page 29 of 3213. It is also seen from the reports that the ICMR required 10 months time for this purpose. The amount has been released as early as on 27.10.2021 and almost three months have lapsed after the release of the amount. Considering the circumstances, we feel that six months time can be granted to the ICMR to complete the study and the CPCB to file a further compliance report and further recommendations, if any, required in this regard, after a period of six months.
14. The learned counsel Mr. A. Yogeshwaran appearing for the applicant in O.A. No.176/2013 (SZ) submitted that though the report of the CPCB shows the removal of Petroleum Hydro Carbon, they have not given the detailed report regarding the mass balance summary and what is are the further remedial measures required for remediating the same.
The CPCB is also directed to mention these aspects as well in the report to be filed.
15. The TNPCB is also directed to file an independent report regarding the improvements in that area, after completion of the remediation work that has been undertaken by M/s. BPCL.
16. M/s. BPCL is also directed to file a further progress cum compliance report regarding the remediation work undertaken by them and if any Page 30 of 32 to be undertaken by them on the basis of the observations made by the CPCB in their report dated 26.08.2021.
17. Mr. Kandhan Doraisamy, the learned counsel appearing of the applicant in some of the cases submitted that M/s. BPCL has not supplied the quantity of water undertaken by them for the last six months. But this was denied by the learned counsel appearing for M/s.
BPCL and they relied on the monthly supply chart produced by them along with their compliance report. It is very difficult for the Tribunal to monitor all those things. The Tribunal can only direct the M/s.
BPCL to comply with the direction of supply of water and if there is any complaint regarding the non-supply, they will have to sort it out with the persons to whom the contract for supply has been entrusted by them.
18. M/s. BPCL is directed to ascertain from the CMWSSB regarding the complaint of non-supply of water made by the learned counsel Mr. Kandhan Doraisamy who is appearing for the applicant in some of the cases and if there is any gap, then they are directed to settle the same with them and see that the supply of water as directed by this Tribunal to the persons affected in that area is not disturbed.
Page 31 of 3219. They are directed to submit their respective reports to this Tribunal on or before 18.08.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
20. The Registry is directed to communicate this order to the members of the Joint Committee, official respondents, CPCB, NEERI, TNPCB and ICMR by e-mail for their information and compliance of directions.
21. For consideration of further progress cum compliance report, post on 18.08.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.176/2013 (SZ), O.A. No.34/2014 (SZ) to O.A. No.42/2014 (SZ) 10th February, 2022. Mn.
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