National Green Tribunal
V.P. Krishnamoorthy vs Union Of India Rep By Its Secretary ... on 15 December, 2016
BEFORE THE NATION AL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application No.176 of 2013 (SZ)
Applicant(s Vs Respondent(s)
Shri V.P. Krishnamoorthy 1) The Union of India,. MoEF, New Delhi
Chennai-21. 2) The Director, Dept of Environment
and Forests, Chennai
3) The Member Secretary, Tamil Nadu
Pollution Control Board, Chennai
4) The Indian Oil Corporation Limited, Chennai
5) The Chennai Petroleum Corporation Ltd, Chennai
6) The Bharat Petroleum Corporation Ltd, Mumbai
7) The Ministry of Environment and Forests, New Delhi
8) The Hindustan Petroleum Corporation Ltd, Chennai
9) The Chief Controller of Explosives, Chennai
10) The Secretary to Government, Ministry of
Industries, New Delhi
11) The Deputy Salt Commissioner, Chennai
12) Central Pollution Control Board, New Delhi
Rep. by its Member Secretary
(Suo motu impleaded as 12th respondent
Vide Order of this Tribunal dated 17.03.2016
Legal Practitioner(s) for Applicant Legal Practitioner(s) for Respondent(s)
Shri. A. Yogeshwaran, Sri Su..Srinivasan (Asst.Solicitor General)
for R-1, R9 & R10
Ms. M.K. Subramanian for R2
Smt. Rita Chandrasekar for R-3
M/s.Abdul Saleem, S. Saravanan
& Vidyalakshmi for R-4
M/s. R. Senthil Kumar and
S. Arjun Suresh for R-5
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam &
Associates for R6
Mr.M.R.Gokul Krishnan for R- 7
M/s. King and Partridge for R-8
Mr.D.S.Ekambaram for R12
Application No. 34 of 2014 (SZ)
Applicant(s) Respondent(s)
Shri K.S. Jayaraman, Chennai Vs. The Union of India, rep. by its Secretary
Ministry of Petroleum and Natural Gas,
New Delhi and others
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
M/s. E. Maharajan and D. Gentley
Rathnaraj Mr.Su.Srinivasan
(Asst.Solicitor General) for R1
Mr.M.R.Gokul Krishnan for R2
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam &
Associates for R3
M/s. M.K. Subramanian for R4
Mrs.Rita Chandrasekar for R5
M/s.King & Patridge for R6
M/s.Dua Associates,R.Senthil Kumar,
S.Arjun Suresh, B.Kishore &
Raghavendra Ross Divakar for R8
Mr.Abdul Saleem for R7
Application No. 35 of 2014 (SZ)
Applicant(s) Respondent(s)
R. Selvi, Tondiarpet, Chennai Vs. The Union of India, rep. by its Secretary
Ministry of Petroleum and Natural Gas,
New Delhi and others
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
M/s. E. Maharajan and D. Gentley Mr.Su. Srinivasan
Rathnaraj (Asst.Solicitor General) for R1
Mr.M.R.Gokul Krishnan for R2
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam &
Associates for R3
M/s. M.K. Subramanian for R4
Smt. Rita Chandrasekar for R-5
M/s.King & Patridge for R6
Mr.Abdul Saleem for R7
M/s.Dua Associates,R.Senthil Kumar,
S.Arjun Suresh, B.Kishore &
Raghavendra Ross Divakar for R8
Application No. 36 of 2014 (SZ)
Applicant(s) Respondent(s)
Shri K. Umachandran, Tondiarpet, Vs The Union of India, rep. by its Secretary
Chennai Ministry of Petroleum and Natural Gas,
New Delhi and others
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
M/s. E. Maharajan and D. Gentley Mr.Su. Srinivasan
Rathnaraj, (Asst. Solicitor General) for R1
Mr.M.R.Gokul Krishnan for R2
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam &
Associates for R3
M/s. M.K. Subramanian for R4
Smt. Rita Chandrasekar, for R-5
M/s.King & Patridge for R6
Mr.Abdul Saleem for R7
M/s.Dua Associates,R.Senthil Kumar,
S.Arjun Suresh, B.Kishore &
Raghavendra Ross Divakar for R8
Application No. 37 of 2014 (SZ)
Applicant(s) Respondent(s)
Smt. S. Shanthi, Tondiarpet, Vs. The Union of India, rep. by its Secretary
Chennai Ministry of Petroleum and Natural Gas,
New Delhi and others
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
Mr.Su. Srinivasan
M/s. E. Maharajan and D. Gentley (Asst.Solicitor General) for R1
Rathnaraj, Mr.M.R.Gokul Krishnan for R2
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam &
Associates for R3
M/s. M.K. Subramanian for R4
Smt. Rita Chandrasekar for R-5
M/s.King & Patridge for R6
Mr.Abdul Saleem for R7
M/s.Dua Associates,R.Senthil Kumar,
S.Arjun Suresh, B.Kishore &
Raghavendra Ross Divakar for R8
Application No. 38 of 2014 (SZ)
Applicant(s) Respondent(s)
Shri. G. Mahesh Kumar,
Tondiarpet, Vs. The Union of India, rep. by its Secretary
Chennai Ministry of Petroleum and Natural Gas,
New Delhi and others
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
M/s. E. Maharajan and D. Gentley Mr.Su. Srinivasan
Rathnaraj (Asst.Solicitor General) for R-1
Mr.M.R.Gokul Krishnan for R-2
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam &
Associates for R3
M/s. M.K. Subramanian for R4
Smt. Rita Chandrasekar for R-5
M/s.King & Patridge for R6
M/s.Dua Associates,R.Senthil Kumar,
S.Arjun Suresh, B.Kishore &
Raghavendra Ross Divakar for R8
Application No. 39 of 2014 (SZ)
Applicant(s) Respondent(s)
Smt. R. Vijaya, Tondiarpet, Vs. The Union of India, rep. by its Secretary
Chennai Ministry of Petroleum and Natural Gas,
New Delhi and others
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
M/s. E. Maharajan and D. Gentley Mr.Su. Srinivasan
Rathnaraj, (Asst. Solicitor General) for R1
Mr.M.R.Gokul Krishnan R-2
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam &
Associates for R3
M/s. M.K. Subramanian for R4
Smt. Rita Chandrasekar for R-5
M/s.King & Patridge for R6
Mr.Abdul Saleem for R7
M/s.Dua Associates,R.Senthil Kumar,
S.Arjun Suresh, B.Kishore &
Raghavendra Ross Divakar for R8
Application No. 40 of 2014 (SZ)
Applicant(s) Respondent(s)
Shri K. Sampath Kumar,
Tondiarpet, Vs. The Union of India, rep. by its Secretary
Chennai Ministry of Petroleum and Natural Gas,
New Delhi and others
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
M/s. E. Maharajan and D. Mr.Su.Srinivasan
GentleyRathnaraj, (Asst.Solicitor General) for R1
Mr.M.R.Gokul Krishnan for R-2
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam &
Associates for R3
M/s. M.K. Subramanian for R4
Smt. Rita Chandrasekar for R-5
M/s.King & Patridge for R6
Mr.Abdul Saleem for R7
M/s.Dua Associates,R.Senthil Kumar,
S.Arjun Suresh, B.Kishore &
Raghavendra Ross Divakar for R8
Application No. 41 of 2014 (SZ)
Applicant(s) Respondent(s)
Shri K. Kamalakannan,
Tondiarpet, Vs. The Union of India, rep. by its Secretary
Chennai Ministry of Petroleum and Natural Gas,
New Delhi and others
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
M/s. E. Maharajan and D. Mr.Su.Srinivasan
GentleyRathnaraj, (Asst.Solicitor General) for R1
Mr.M.R.Gokul Krishnan for R-2
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam &
Associates for R3
M/s. M.K. Subramanian for R4
Smt. Rita Chandrasekar for R-5
M/s.King & Patridge for R6
Mr.Abdul Saleem for R7
M/s.Dua Associates,R.Senthil Kumar,
S.Arjun Suresh, B.Kishore &
Raghavendra Ross Divakar for R8
Application No. 42 of 2014 (SZ)
Applicant(s) Respondent(s)
Shri G. Purushothaman,
Tondiarpet, Vs. The Union of India, rep. by its Secretary
Chennai Ministry of Petroleum and Natural Gas,
New Delhi and others
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
M/s. E. Maharajan and D. Mr.Su.Srinivasan
GentleyRathnaraj (Asst.Solicitor General) for R1
Mr.M.R.Gokul Krishnan for R-2
Mr.Krishna Srinivasan
For M/s.Ramasubramaniam
& Associates for R3
M/s. M.K. Subramanian for R4
Smt. Rita Chandrasekar,for R-5
M/s.King & Patridge for R6
Mr.Abdul Saleem for R7
M/s.Dua Associates,R.Senthil Kumar,
S.Arjun Suresh, B.Kishore &
Raghavendra Ross Divakar for R8
COMMON ORDER
Note of the Registry Orders of the Tribunal Date: 15th December, 2016 Item No.13 to 22 We have heard the learned counsel appearing for the applicant as well as respondents particularly Mr.T.Mohan, and Mr.Krishna Srinivasan, and learned Counsel appearing for the Central and State Pollution Control Boards.
The Central Pollution Control Board in its Report dated 16.11.2016 filed after overseeing the work and progress of the Bharat Petroleum Corporation Ltd. (BPCL) through its Agent in the conclusion and recommendation has stated as follows:
i) The Soil Vapour Extraction (SVE) System operated by M/s.BPCL did not show any substantial reduction in concentration of Chemicals of concern namely TPH and DRO, the values of which were rather increased in most of the wells. However, concentration of Total Organic Carbon (TOC) values decreased marginally in 6 out f the 8 monitoring wells. The performance of SVE System may not be assessed based on the results of TPH, DRO, GRO etc., since only two sets of samples are available and also, the methodology for analysis has been standardised for these parameters after collection of first set of samples.
Therefore, at this stage, the efficacy of SVE system may be reliably assessed based on TOC analysis where a standardised test method was followed. Considering the same, it can be stated that during the last 4 months of operation, the SVE system installed by M/s.BPCL, it could not show any substantial reduction in ground water contamination levels.
ii) It was observed that soil vapour was not extracted simultaneously from all the extraction wells. Only 4 out of 14 extraction wells were operated in a month due to limitation of the existing SVE system with respect to high VOC concentration and overheating of the combustion chamber. As a result, the system was operated at a flow rate of 18-26 CFM against designed capacity of 250 CFM. This problem can be overcome by installing multiple vapour handling units or by augmenting the capacity of existing vapour handling unit so as to achieve simultaneous extraction from all the wells.
iii) The existing SVE system has so far extracted about 381 kgs of DRO till 29th September, 2016 at an average of about 100 kgs DRO per month.
iv) The proposed metro excavation work by M/s.CMRL is going to impact the existing SVE system including some of the monitoring and extraction wells. It is therefore, suggested that M/s.BPCL may be directed to comply the following:
a) They may continue to operate the SVE system till the time of commencement of M/s.CMRL work.
b) The SVE system may be operated round the clock against the present operating hours between 10-16 hrs.
c) On commencement of metro work, BPCL should take steps to perate SVE unit for the remaining network.
d) Monitoring should be carried out during excavation, the constituents of soil should be analysed for TPH and based on the concentration, the excavated earth with traces of TPH should be disposed in environmentally safer manner. In case the concentration of TPH soil is > 5000 mg/Kg, the same should be sent to TSDF for disposal.
e) During metro construction activity, it is required to monitor the quality of extracted water for any contamination. It is also required to locate those extraction wells in such a position that contaminated plume does not pass through uncontaminated areas, further appropriate treatment system should be envisaged for treatment of oil contaminated water.
f) Since the metro work is going to alter the levels of ground water contamination and the hydro-geology of contaminated area, augmentation of SVE systems may not be undertaken till completion of metro work. However, once the work is completed, the resulting contamination levels should be assessed and SVE systems should be re-commissioned with additional or new extraction wells.
g) SSTLs for remediation may be developed after completion of metro work after conducting a fresh assessment of the site and SouRce Pathway Receptor studies.
h) The data on soil quality in the excavated contaminated area should be made available to TNPCB and CPCB to decide the appropriate disposal pathway of such soil from the construction area.
i) May submit the revised scope of work taking into account digging of earth by CMRL and installation of new wells including detail plan of remediation work.
V. TNPCB may direct the CMRL to ensure safe storage of contaminated excavated earth till treatment and to disposal of the same through as per the authorisation of TNPCB. They may further be directed to take necessary precautions, so that the workers of metro construction area protected from possible release of VOC's from contaminated soil, risk of fire, etc. while handling of contaminated soil. It shows that the system operated by BPCL is at a slow rate of 18 to 26 CFM as against the designed capacity of 250 CFM. This problem can be overcome by installing Multiple Vapour Handling Units or by augmenting the capacity of existing vapour Handling Unit so as to achieve simultaneous extraction from all the wells.
The State Pollution Control Board which has filed a Status Report today before this Tribunal has suggested the following measures :
1. BPCL may identify suitable alternative location for shifting the Soil Vapour Extraction unit presently operated at the premises of M/s.Devi Polymers site TH Road, Tondiarpet before the end of December, 2016 to continue the remediation process with the available wells not disturbed by CMRL activity.
2. BPCL shall make necessary alternation in the pipeline network with available wells not affected by CMRL activity before December, 2016 to ensure that the remediation work shall not be affected after December, 2016.
3. BPCL shall explore the possibility of acquiring another Soil Vapor Extraction unit to be installed for remediating the contaminated soil/ ground water with the borewells located in the eastern side of TH Road not affected by the CMRL activity as remediation is not possible with the existing Soil Vapor Extraction unit as the interconnection of remediation wells to SVE unit will not be possible at the time when excavation work started at TH Road by CMRL.
4. BPCL shall furnish a time bound action plan to dispose the oil contaminated ground water now stored in the Slop tank -S23.
In our view there is no difference between the reports of CPCB and TNPCB.
Mr.Krishna Srinivasan, learned Senior Counsel appearing for BPCL would submit that BPCL is actually carrying on its activity but the places which are earmarked for CMRL, are located in the place relating to Devi Polymers where the SVE system has been installed and hence they are unable to effectively carry on the activity and that is the reason why there has been a decline. He has also referred to the report of the CPCB dated June 2016 wherein CPCP in all fairness stated that during the period of operation, SVE system was working properly.
Mrs.D.Almas Banu, Assistant Manager (Legal), CMRL who is present in the Tribunal, would submit that in so far as it relates to the places which are earmarked for CMRL, even though the digging/construction activity has not been commenced by CMRL, the area has been cordoned of and as and when any request comes from BPCL for the purpose of carrying on their activity, the CMRL will consider the same. She would also submit that CMRL is taking steps for the purpose of combined efforts. Even the activities of CMRL also will be affected by pollution in this area due to leakage of oil and they will co-operate in remediating the area.
In view of the above said fact, we are of the view that BPCL should approach the CMRL, seeking permission for the operation of SVE system situated in the area which has been cordoned of by CMRL in which event, CMRL shall permit the BPCL to go ahead with the work. In the meantime, the State Pollution Control Board shall convene a meeting of all the stakeholders, including BPCL, Central Pollution Control Board, State Pollution Control Board and CMRL and the individual members who are before this Tribunal and who are affected and who filed the applications so as to enable and arrive at a conclusion for the purpose of effectively and speedily remediating the area. However, the BPCL shall take into account the aforesaid recommendations and suggestions made by CPCB and SPCB and remove the shortcomings in operating the SVE system. A Status Report shall be filed on the actual work done pursuant to the order of this Tribunal based on the recommendations given by CPCB to SPCB to BPCL and CMRL.
The State Pollution Control Board shall convene the meeting immediately in any event within 10 days from today.
We make it clear that by the next date of hearing, there shall be substantial progress which is to be shown regarding the progress of remediation works.
Post this application on 30.01.2017.
.............................................., JM (Justice Dr.P.Jyothimani) \] ..............................................,EM (Shri P.S. Rao) Issue tomorrow