National Green Tribunal
John Weslay vs State Level Environment Impact ... on 6 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.07:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.208 of 2017 (SZ) &
I.A. No. 15 of 2019 (SZ)
(Through Video Conference)
IN THE MATTER OF:
John Weslay and Ors. ... Applicant(s)
With
SEIAA, Chennai,
Rep. by its Director and
Member Secretary and Ors.
...Respondent(s)
Date of hearing: 06.08.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. Ashwarya.
For Respondent(s): M/s. G.M. Syed Nurullah Sheriff for R1.
M/s. C.Kasirajan through
M/s. Meena for R2, 3.
M/s. P. Srinivas for R5 & 6.
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ORDER
1. As per order dated 27.02.2020, after considering the pleadings in the matter regarding the illegal dumping of domestic waste at Venkatamangalam by establishing Integrated Municipal Solid Waste Management Facility by the fourth respondent and also considered the report submitted by the committee, this Tribunal did not permit the Pallavaram Municipality to allow further dumping in that area, unless the major portion of the existing legacy waste was disposed off from that area. The Tribunal also considered the detail project report submitted by the Municipality and also undertaking given by them that they would be taking further steps.
2. This Tribunal also found that there was lack of efficiency on the part of the local bodies in carrying out the directions issued by the Principal Bench of National Green Tribunal in Original Application No. 606 of 2018 from time to time. So, this Tribunal directed the Pollution Control Board to inspect the area in question and submit a further report including the allegation of setting fire to the garbage by the authorities in order to reduce the legacy waste in an unscientific manner as alleged by the counsel for the applicant.
23. State Level Monitoring Committee was also directed to submit a periodical report regarding the implementation of Solid Waste Management Rules, 2016 in that area and posted the case to 03.07.2020.
4. On 03.07.2020, this Tribunal had considered the report submitted by the Pollution Control Board and directed them to file a further report and also directed the State Level Monitoring Committee to submit a periodical report and posted the case to today.
5. When the matter came up for hearing today through Video Conference, M/s. Ashwarya represented the applicant, Sri. G.M. Syed Nurullah Sheriff represented 1st respondent and Sri. C.Kasirajan through M/s. Meena represented respondents 2 & 3 and Sri. P. Srinivas represented respondents 5 & 6.
6. We have received a report from the Chairman, State Level Monitoring Committee, Tamil Nadu which reads as follows:-
"1. Pursuant to the orders of the Hon'ble National Green Tribunal, Southern Zone, passed in the above Applications dated 27.02.2020 and 03.07.2020, I have inspected Vengadamangalam dump site on 13.07.2020 after giving notice to the petitioner and respondents in the above Application. Apart from the petitioner, the Regional Director of Municipal Administration, Chengalpet, the 3 District Environment Engineer, Chengalpet District, Tamil Nadu Pollution Control Board, Commissioner, Pallavaram Municipality, Regional Executive Engineer, Chengalpet, who is the Commissioner in Charge of Tambaram Municipality, Junior Engineer and Assistant Engineers from Tambaram and Pallavaram Municipalities and other officials were present during the inspection. The Commissioner, Pallavaram Municipality has submitted a report on the Integrated Solid Waste Management for Pallavaranm, Tamabaram and Sembakkam Municipalities at Vengadamangalam.
2. It is seen that Pallavaram in a Special Grade Municipality spread in 18 Sq. Km with the road length of 252 Kms covering 43410 households having a population of 215451 as per 2011 Census. An average of 104 Mt of garbage is generated and disposed per day. Out of the total waste generated, 67 MT are bio degradable and they are being processed in various Micro Compost Centres (MCC) and Onsite Compost Centres (OCC) established within the municipal limit and the outputs, the manure its distributed to the public free of cost and with a meagre amount to the farmers. The recyclable waste is being disposed to recycling vendors and the sale proceeds distributed among the workers. The remaining RDF (Refused Derived Fuel) waste was only transported to Vengadamangalam yard.
3. Tambaram is a Special Grade Municipality spread in 20.72 Sq. Km with a road length of 164.73 Km covering 35276 households having a population of 164850 as per 2011 Census. An average of 100 MT of garbage is generated and disposed per day. Out of 100 MT of total waste, 67 MT are bio degradable waste and are being processed in various Micro Compost Centres (MCC) and 4 Onsite Compost Centres (OCC) established within the municipal limit. The remaining RDF waste was transported to Vengadamangalam yard. Likewise Sembakkam is a Second Grade Municipality spread over in 6.25 Km with a road length of 102.04 Km covering 16585 households having a population of 45356 as per 2011 Census. An average of 24 MT of garbage is being generated and disposed per day. Out of it 10 MT are bio degradable and are disposed in various MCCs and OCCs situated in the municipal limit and remaining RDF waste was transported to Vengadamangalam. After the order passed by this Hon''ble Tribunal dated 16.12.2019 directing the said Municipalities not to use Vengadamangalam yard for dumping an waste without adopting proper and scientific method of segregation and disposal, which was stated to have been communicated to the municipalities in the first week of January 2020, the Municipalities are not dumping and kind waste in the Vengadamangalam yard which fact was ascertained by me and the petitioner present during the visit has also confirmed the same. Therefore as on date no garbage is being dumped in the Vengadamangalam dump yard.
4. It is ascertained form the report that the said three Municipalities do not have own place for treating the solid waste collected and therefore the present place at Vengadamangalam was identified which is near Vandalur at an extent of 50 acres and was purchased for a consideration of Rs.105.00 Lakhs on 05.10.2004 vide G.O. Ms. No.178 Revenue Department dated 06.04.2004. It is stated that Alandur which has now been added to the Greater Chennai Corporation, Pallavapuram (Pallavaram) and Tambaram Municipalities have been formed on a cluster basis to implement Integrated Solid Waste 5 Management Scheme and the said project was approved by the Central Sanctioning Monitoring Committee (SCMC) on 19.06.2008 under the scheme of Jawaharlal Nehru National Urban Renewal Mission at a cost of Rs.44.21 crore with the funding pattern of 35% share from the Government of India, 15% share from the Government of Tamil Nadu and 50% as Urban Local Bodies contribution as per G.O. MA & WS No.107 dated 30.07.2008.
However, as the ULBs have decided the implement the said project through Public Private Partnership (PPP) mode to meet their contribution, the work was awarded to M/s Hydro air Tectonics (PCD) Limited, a Mumbai based company on 31.01.2009 with the participation of private partnership and ultimately the work order was cancelled on 21.03.2012 as the said agency was unable to run the project further. Retender was called on 15.10.2012 in which M/s. Roken Separation System which is a shareholder of M/s. Essel Infra Private Limited was selected and contract was entered on 18.01.2013 to implement Non-Incineration based Waste to Energy (Gasification) at an estimated cost of Rs.99.00 crore and work was commenced on 29.04.2013.
5. The infrastructure covered in the said project are:
formation of transfer stations at Ganapathipuram and Kannadapalayam, developed of scientific landfill, formation of compost yard at Vengadamangalam, formation of RDF plant, formation of Waste to Energy plant, bio mining of existing dumped garbage at Kannadapalaym and Ganapathipuram. The said concessionaire is stated to have processed the solid waste into Refused Derived Fuel (RDF) only in phase I and establishment of Waste to Energy plant in phase II as per the terms of the contract. However, Waste to Energy plant 6 was not established by the contractor in spite of several notices and therefore it is stated that the contract came to be terminated on 23.11.2018. Thereafter, it is stated that the ULBs are carrying on regular maintenance work like water supply, lighting, maintaining machineries, approach roads and other infrastructures. Further it is said that to ensure non occurrence of untoward incidents like fire accidents, damage to infrastructures the ULBs are monitoring.
6. When I have visited the Vengadamangalam dump yard, I found that the entire area has been covered with pucca compound walls on all sides and securities are working to look after the entire area. As stated above there is no dumping of any waste inside the Vengadamangalam dump yard and CCTV cameras are installed in all vulnerable points. Therefore it is clear that there is absolutely no possibility for any outsider to enter into the site which is well protected. There are bore wells installed and I am told that it is in six places and abundant water available to handle any fire incidents. During my visit I noticed, on entering inside through the main gate on the left corner where also a part of legacy waste is accumulated, some smoke emanating from the dump. On nearing the place it was found to be the smoke due to the formation of methane gas from inside and no set fire by any one which is also not possible as the place is completely secured. The Commissioner and the Municipal Engineers present were directed by me to take immediate steps to put down the smoke by spraying sufficient water and dispose the methane and the officials have assured that the same will be carried out immediately. O 16.07.2020, when I contacted the Commissioner, Pallavaram Municipality, he informed over 7 phone that the spraying of water is being done in the past two days apart from rain on the previous day night for one hour and the issue is taken care off.
7. When I made extensive visit of the remaining area, the petitioner has stated that on the northern corner appertaining the Agaram Lake situated in the Agaram Village, there are damages in the compound wall through which leachate from the site enters into the water body causing pollution. On reach the place it was in fact found that in some places of the compound wall near a leachate treatment plant installed for treatment of leachate some holes by which there is a possibility for the water from the yard to be leaked out which may ultimately reach the water body. Therefore, I have directed to the officials present to take immediate steps to plug the holes wherever it is found in any part of the compound wall. The commissioner has assured of immediate action. On 15.07.2020, the Commissioner has informed that all the holes have been plugged with cement and he has also sent photos showing the same. Therefore there may not be any possibility for any further leakage. In so far as it relates to the leakage already happened, the petitioner has stated that by virtue of the leakage, white sediment like ash has been formed. However, I was not able to see any such ash formation. When, I went outside the compound wall which is actually the Agaram Village with lake, the petitioner has shown some stagnated water which is stated to be the leachate water from the dump yard. I found the stagnated water which is greenish in colour with algae formation. As I had doubt as to whether in a leachate water algae would grow, the District Environmental Engineer Mr. Vasudevan present has informed that it is not possible and according to him what 8 was found was not a leachate but stagnated water.
8. When I enquired as to whether the PCB as tested the water, the DEE has sown the Water Analysis Report dated 31.01.2020 of the TNPCB on samples collected on 25.01.2020 in five points., bore well within the dumpsite, stagnated water in the earthen channel, stagnated water in the earthen channel near dump site compound wall, door No.160, Gokul Nagar, Agaram (bore well) and Agaram Lake (lake water). The report, copy of which is enclosed herewith shows that all parameters are within the prescribed limit. I have directed the PCB to collect fresh samples after plugging of the holes by the Municipality as stated above and forward the Analysis Report. I will be able to file such report in my next report.
9. In respect of the legacy waste, a perusal of the Evaluation of Project Report on Biomining of Legacy Wastes dumped in the Vengadamangalam Waste Processing Facility, prepared by the Centre for Environmental Studies, Department of Civil Engineering, Anna University shows that in the total area of 50 acres, the garbage dumped is in 23.06 acres. The volume of legacy waste has been estimate to be 1,40,843 m3 with average depth of legacy waste at the site is about 1.5 m. As it is seen in the G.O. (Ms) NO.65 Municipal Administration & Water Supply (MA IV) Department dated 16.12.2019, the State Government has granted Administrative Sanction for Rs.9.56 Crore under Solid Waste Management Component of Swachh Barat Mission for removal of legacy waste dumped at the Vengadamangalam Compost Yard through Bio-mining process. It is stated that accordingly the tender process has been initiated and as per the project report, bio-mining process will be completed in a period of 12 months from 9 the date of the award of contract and the entire land will be restored. In the subsequent report, I shall provide the progress about the bio-mining process on further inspection.
10. It is stated that there is already in existence a Mesto shredder machine duly repaired which will be able to handle 300 MT of dry waste. Further, a proposal for installing new Dry Waste Incinerator to handle 100 MT at a cost of Rs.9.53 crore has been submitted to the Government and Administrative Sanction is awaited and after such sanction the erection will be completed in 6 months by which the daily dry waste generated will be disposed off.
11. During inspection, some of the villagers in Agaram Village have complained that two of the private educational institution situated nearby are dumping garbage in the Agaram Lake. The District Environment Engineer has agreed to take appropriate action as per law and report. There is one thing which I have observed during my inspection that in the dump area there is a huge land fill area designed scientifically with double liner with leachate collection system and stones beneath as per specification. However, it remains not maintained resulting in stagnation of water in the land fill. Further, the water purification plant already erected also remains not maintained and put to use. On the appropriate permission by the Hon'ble Tribunal, those units can be put to use to process leachate generated from the dumpsite till the legacy waste is completely removed.
12. With the above findings on my inspection as stated above, I am submitting this Report before this Hon'ble Tribunal for consideration. I undertake to file further report periodically as already directed."
107. Tamil Nadu Pollution Control Board also filed a report which reads as follows:-
"3. It is respectfully submitted that in pursuance to the said order dt.03.07.2020, the respondent unit M/s. Integrated Municipal Solid Waste Processing Facility - Pallavaram Municipality, S.F.No. 16/1, 2, 3, Vengadamangalam village Vandalur Taluk, Chengalpattu District was inspected by the officials of the District Environmental Engineer, TNPCB, Maraimalai Nagar on 03.08.2020. The following observations were made during inspection of the said site:-
(i) There is no dumping of fresh municipal solid waste at the site.
(ii) The refuse derived fuel facility was not in operation and composting of bio degradable waste was not carried out at the site.
(iii) Effluent treatment plant provided to treat the leachate generated in the premises was not in operational condition.
(iv) There is no dump of ashes as stated by the petitioner on the side of the water body namely Agharamthen Lake.
(v) There is no discharge of leachate into the Agharamthen Lake from the Integrated Municipal Solid Waste Processing facility of Pallavaram Municipality as noticed during the time of inspection.
(vi) The Pallavaram and Tambaram Municipalities have not cleared the legacy waste dumped in the said premises.
It was informed by the Pallavaram Municipality that the administrative and technical sanction has been obtained from the Government of Tamil Nadu to carry 11 out the bio mining activity of the legacy waste at a cost of Rs.9.95 Crores.
(vii) The said municipalities have closed the openings in the western and northern sides of the compound wall of the said facility to prevent the discharge of storm water/leachate from the facility.
It is further submitted that a fire broke out in the garbage dumped in the southern side within the said processing facility on 29th March, 2020 around 2 p.m and the same was put off with the help of fire tenders - 5 Nos in three days time. Further, it is submitted that the said processing facility is also having 3 Nos of borewell with flexible hose arrangements with an investment of Rs.4.5 Lakhs and also deployed 6 numbers of dedicated persons to put off fire if any occur.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to 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."
8. Learned counsel appearing for the local bodies submitted that no new dumping is being done in the disputed dumping site and it is only the processed waste that is lying there and it is a part of the landfill and there was no possibility of any pollution being caused. This was denied by the counsel for the applicant.
9. However, on going through the report submitted by the Chairman, State Level Monitoring Committee, Tamil Nadu and also the Pollution Control Board, it appears that there are legacy 12 waste available in that area which is kept unprocessed and certain steps have been taken for getting some administrative sanction for doing bio-mining activities to clear the legacy waste.
So, the submission made by the counsel for the local bodies that it does not require any treatment and it is all processed waste cannot be accepted.
10. Further, the report of the State Level Monitoring Committee as well as the Pollution Control Board does not show the time line within which the process can be completed.
11. Further, time and again the Principal Bench of National Green Tribunal in Original Application No.606 of 2018 issuing directions to the State authorities including the local bodies to implement the Solid Waste Management Rules, 2016 in its letter and spirit and even directed to impose environmental compensation and take further legal action against those local bodies who are not strictly following the direction issued by the Tribunal in this regard.
12. Though, the Pollution Control Board being the regulating authority mentioned that things are not happening in a scientific manner, they are silent about the percentage of implementation of the directions issued by the Principal Bench of National Green 13 Tribunal in Original Application No. 606 of 2018 by these local bodies and what is the action taken by them against those local bodies for non compliance of the direction issued by the Principal Bench in this regard is not clear from their reports.
13. So under such circumstances, we direct the Pollution Control Board to submit a further report regarding the implementation of the directions of the Principal Bench of National Green Tribunal in Original Application No.606 of 2018 and what is the further action taken by the Pollution Control Board for non compliance of such directions by these local bodies and also submit a further report regarding the shorter time lines within which the legacy waste found in that area could be disposed of. The quantity of legacy waste to be processed is also not clear from the report of the Pollution Control Board.
14. The Pollution Control Board as well as the local bodies are directed to submit their further action plan in respect of the implementation of the direction issued by the Principal Bench of National Green Tribunal in Original Application No. 606 of 2018 in respect of implementation of the provisions of the Solid Waste Management Rules, 2016 in their area. Two months time is given to submit the report.
1415. The Chairman, State Level Monitoring Committee is also requested to submit further report in this regard regarding the progress of the implementation of the rules in the municipalities within the above said period.
16. They are directed to submit the report to this Tribunal on or before 16.10.2020 through e-filing.
17. The Registry is directed to communicate this order to the Chairman, State Level Monitoring Committee, Tamil Nadu by e-
mail immediately for their compliance.
18. For consideration of further report, post on 16.10.2020.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) O.A. No. 208/2017, 06th August, 2020. Mn.
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