National Green Tribunal
R.Gokulraj Advocate vs The Government Of Tamil Nadu, Rep.By Its ... on 26 June, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.4 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 189 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
R. Gokulraj ... Applicant
With
The Government of Tamil Nadu and 7 Others ..Respondent(s)
Date of hearing: 26.6.2020.
CORAM: HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. R. Glokul Raj,
applicant-in-person
For Respondent(s): Mr.S.N.Parthasarathi and
Mrs. Girija for R1to R3 & R8
Mr. Abdul Saleem &
S. Saravanan for R4, R5.
ORDER
As per order dated 24.1.2020, this Tribunal had considered the pleadings in the case and heard the counsel for the respondents in the matter. Since the issue in this case is regarding pollution caused to Putlur Eri within Thiruvallur Municipality on account of discharge of untreated sewage into the waterbody and also operating the STP without obtaining 1 necessary permission from the authorities, we directed the Pollution Control Board to submit their status report. Learned counsel appearing for Pollution Control Board submitted that they conducted inspection on 10.10.2019 and found that they had not fulfilled the conditions imposed in 'consent to establish and also they did not obtain necessary 'consent to operate' and without the same, they are operating it and they issued a show cause notice on 25.10.2019 to rectify the defects or otherwise 'closure order' will be issued. They had not received any reply and he wanted further instruction from the Pollution Control Board regarding further action if any taken. Learned counsel appearing for sixth respondent submitted that on the basis of the application given by Thiruvallur Municipality, as directed by Tamil Nadu Pollution Control Board, they gave permission to take steps to divert treated water to Coovam river and according to the learned counsel, treated water is satisfying the standards provided by Tamil Nadu Pollution Control Board and only after attaining standards, it is being discharged into the waterbody.
2. So under such circumstances, we constituted a joint committee consisted of District Collector, Thiruvallur District, Commissioner Thiruvallur Municipality, Executive Engineer (Thiruvallur Division), Tamil Nadu Water and Drainage Board and Tamil Nadu State Pollution Control Board to submit a status 2 and action taken report if there is any violation found regarding the operation of the STP in question. They were also directed to examine the water quality and ascertain as to whether it meets the standards in respect of potential of Hydrogen, Biological Oxygen Demand (BOD), Chemical Oxygen Demand (COD), Total Coliforms (TC) and Faecal Coliforms (FC) and also presence of any heavy metals which will have impact on health conditions. They were also directed to take samples not only from the Eri but also from the discharge point of the STP so as to ascertain as to whether the discharge from the STP meets the standard of water quality provided by the Board in this regard and posted the case to 12.5.2020. On 12.5.2020, the matter was adjourned by notification to 20.5.2020. On 20.5.2020, this Tribunal considered the earlier order passed and considered the report dated 11.5.2020 filed by respondents 3 and 7. They wanted some time to file report of the committee. We heard the submissions made by counsel appearing for respondents in the matter and learned counsel appearing for Municipality wanted some time to ascertain from Municipality as to whether they intended to comply with the recommendations or any steps had been taken by Municipality to implement the recommendation made by the joint committee and also ascertain as to whether they had prepared any action plan with shorter and longer time 3 line for implementing the recommendations of the joint committee and posted the case to today for that purpose.
3.. When the matter came up for hearing today through Video Conference, Mr. Gokulraj, applicant appeared in person, Mr. S.N. Parthasarathy through Ms. Girija represented respondents 1 to 3 and 8, Mr. Abdul Saleeem through Mr. S. Saravanan represented respondents 4 and 5.
4. Applicant submitted that he has not received the report. Tamil Nadu Pollution Control Board is directed to supply copy of the report to applicant.
5. We have perused the report of the joint committee dated 19.5.2020 which reads as follows:
"JOINT INSPECTION REPORT ON THE STATUS OF TIRUVALLUR MUNICIPALITY COMMON STP, SUBMITTED BY THE COMMITTEE CONSTITUTED BY THE HON'BLE NGT (SZ) IN THE MATTER OF ORIGINAL APPLICATION NO.189 OF 2017 (SZ).
The Hon'ble NGT(SZ) in its order dated 24.01.2020 in O.A. No.189 of 2017 has issued the following directions among other things inter alia as follows.
" So considering the circumstances we feel it appropriate to get a report from a joint Committee to be appointed by this Tribunal comprising of District Collector, Thiruvallur District, Commissioner, Thiruvallur Municipality, Executive Engineer of Thiruvallur 4 Division, Executive Engineer of Tamilnadu Water and Drainage Board of Tiruvallur who is incharge of Thiruvallur District and TNSPCB to submit a status and action taken report and if there is any violation found regarding the operation of the STP in question.
They are also directed to examine the Water quality and ascertain as to whether it meets the standard in respect of Potential of Hydrogen (pH), Biological Oxygen demand (BOD), Chemical Oxygen demand (COD), TC (Total Coliforms) and Faecal Coliforms (FC) and also the presence of any heavy metals which will have impact on health conditions.
They are also directed to take samples not only from the Eri but also from the discharge point of the STP so as to ascertain as to whether the discharge from the STP meets the standard of water quality provided by the Board in this regard. The committee shall complete the exercise within a period of three months. If there is any action plan for the Municipality to maintain the STP they are also directed to submit the action plan and time line within which they are expected to complete the same." Based on the Hon'ble NGT (SZ) order dated 24.01.2020, committee comprising of the District Collector, Tiruvallur District, Commissioner, Thiruvallur Municipality, Executive Engineer ,PWD, Kosasthalaiyar Basin Division,WRD,Tiruvallur ,Executive 5 Engineer, Tamilnadu Water supply and Drainage Board ,RWS Division, Tiruvallur and District Environmental Engineer, Tamil Nadu Pollution Control Board, Tiruvallur have jointly inspected on 24.2.2020 the area in question of Common STP operated by Tiruvallur Municipality and samples were collected from Putlur Eri to ascertain the water quality and from the discharge point of STP to ascertain whether it meets the standards prescribed by TNPCB.
During inspection the Committee observed the following.
1. The Common STP (CSTP) provided for the treatment of sewage generated from Thiruvallur Municipal area was in operation.
2. Presently the Sewage generation of 3 MLD from 6300 household connected under UGSS of Tiruvallur Municipal area is treated in the said CSTP.
3. Presently, the CSTP has laid temporary PVC treated sewage conveyance pipe line of inadequate capacity till it reaches Thangal (small pond).Hence part of the treated sewage from the outlet of CSTP is conveyed through PVC pipe line and discharged into natural water body (Thangal) and thereafter it flows through earthen channel and finally discharged into Cooum river at Periyakuppam within the Municipal limit and the balance quantity of treated sewage from the outlet of CSTP was diverted and discharged into Putlur Eri in the vicinity of CSTP 6
4. The ROA of treated sewage sample collected from the outlet of CSTP on 24.2.2020 is furnished below SL.No Sampling Discharge Discharge standards . Location point (Treated for disposal of STP Sewage) treated sewage into water bodies as per Ministry of Parameters Environment ,Forest analysed and Climate Change Notification dated 13.10.2017 1 pH (Potential of 7.63 6.5-9 Hydrogen) 2 Total 38 <100 suspended Solids at 105 0C mg/l 3 BOD (3 days 28 30 @270C) mg/l 4 Fecal Coliform- <1.8 <1000 MPN /100 ml 5 Total Coliform - 490 -
7
MPN /100 ml 6 COD mg/l 256 -
7 Total Chromium <0.05 -
mg/l 8 Copper mg/l <0.0015 -
9 Zinc mg/l 0.29 -
10 Lead mg/l <0.015 -
11 Nickel mg/l <0.006 -
12 Cadmium mg/l <0.0008 -
The report of analysis of treated sewage sample collected from the out let of CSTP reveals that the applicable parameters of treated sewage such as pH, TSS, BOD and Fecal Coliform are meeting the treated sewage standards prescribed for disposal into water body.
Water Quality Characteristics of Putlur Eri Water sample was collected by the committee on 24.2.2020 from the Putlur Eri to assess the quality of water and to know any impact due to discharge of treated sewage. The analysis report is enclosed as Annexure -1. The interpretation of analysis results are as follows;
• The Executive Engineer, PWD, Kosasthalaiyar Basin Division, WRD,Tiruvallur has reported that the intended use of Putlur Eri 8 water is for irrigation purpose • The water quality of Putlur Eri falls under the Class-E for irrigation and industrial purpose as per CPCB classification designated best use water criteria. The water sample analysis results are pH- 8.17, Electrical conductivity ( micromhos/cm)- 1289,Sodium Absorption ratio (meq/L)- 5.09 & Boron (mg/l.) - <0.001. • As per the CPCB guidelines for designated best use of water under Class-E for Irrigation ,Industrial cooling, Controlled waste disposal, the following Criteria Characteristics with standards are prescribed viz., pH- 6.0-8.5, Electrical conductivity (at 250C micromhos/cm)-2250,Sodium Absorption ratio (Max.)-26 & Boron (Max.) -2 mg/l • Based on the above designated use of Putlur Eri water use as "
Irrigation use " the Report of Analysis (ROA) of Putlur Eri water sample collected on 24.2.2020 is compared to ascertain the water quality as per the CPCB guidelines for designated best use of water under Class-E for Irrigation and the criteria Characteristics of the Water sample analysis results are meeting the criteria of CPCB guidelines for designated best use of water under Class-E for Irrigation.
• The analysis of the water sample is carried out for other parameters BOD, COD, Total Coliform(TC) & Fecal Coliform (FC) as directed by Hon'ble tribunal. The analysis results are Biochemical 9 Oxygen Demand (BOD ) -9 mg/l, Chemical Oxygen Demand (COD)- 64 mg/l, Total Coliform(TC)- (MPN/100 ml)-120, Fecal Coliform (FC) (MPN/100 ml)- <1.8. No significant impact on water quality due to presence of low Coliforms. Whereas BOD observed is as 9 mg/l which may be due to contribution of algae growth in Putlur Eri .
• Samples collected are analysed for heavy metals also. The heavy metals reported are Cadmium- <0.0008 mg/l,Copper-<0.0015 mg/l, Lead-<0.015 mg/l,Total chromium <0.05 mg/l,Nickel-<0.006 mg/l,Zinc-0.11 mg/l. The heavy metals found in Putlur Eri water is within the limit as compared to the Indian Standard Drinking water- Specification, IS 10500:2012 Also the committee had discussion and the actions taken are as follows:
1. The Commissioner, Tiruvallur Municipality has reported that as a permanent measure to stop letting out of treated sewage from CSTP into Putlur Eri, it has proposed to dispose the entire quantity of treated sewage from the CSTP by implementation of pipeline conveyance project at a cost of Rs 4.5 Crores, which include additional collection Sump, Pump room and Pumping of treated sewage through separate underground pipeline (300 mm CI LA class pipes) for a distance of 4.30 KM through the proposed alignment as directed by the PWD authority and finally will be 10 discharged into Cooum River on the downstream of Putlur Check dam in Cooum river . Also, reported that the said project will be implemented before November 2020. In this regard, the Executive Engineer, PWD, Kosasthalaiyar Basin Division, WRD, Tiruvallur has issued NOC vide Letter No.DB/JDO-1/F.40/NOC/2019 dated 14.01.2020 for the disposal of treated sewage from CSTP through separate underground pipeline as per the alignment proposed into Cooum River on the downstream of Check dam near Putlur.
2. Further the Commissioner, Tiruvallur Municipality has reported that it has made request to Chennai Rivers Restoration Trust (CRRT) seeking NOC for disposal of treated sewage from CSTP into Cooum River on the downstream of Putlur check dam in Cooum river . In this regard the Member Secretary, CRRT vide letter dated 05.03.2020 has stated that giving NOC for the disposal of treated sewage downstream of Putlur check dam in the Cooum river doesn't come under the purview of CRRT, since the restoration activities are being undertaken only from Paruthipattu to river mouth and informed the Municipality to adhere to the discharging standards of CPCB / TNPCB.
3. The District Environmental Engineer ,TNPCB, Tiruvallur has reported that Consent for Establishment was issued under the Water & Air Acts vide Proc. dated 5.12.2014 to establish CSTP for 11 UGSS at RS No. 720/2, Periyakuppam village, Tiruvallur taluk, Tiruvallur District to treat the Sewage of 6.208 MLD to be generated from Tiruvallur Municipality subject to certain conditions to comply with. But the said CSTP was commissioned without obtaining Consent to Operate (CTO) from TNPCB. In this regard Show cause notice was already issued vide Proc.dated 25.10.2019.But so far ,Tiruvallur Municipality has not obtained Consent to Operate (CTO) for the CSTP .
Conclusion:
As per the scope of committee, samples were collected at discharge point of STP as well as in Putlur Eri. The analysis result shows that the treated sewage from the outlet of STP is meeting the prescribed discharge standard and as well as the heavy metals in the Eri water sample is within the limits as compared with drinking water standards. However considering ground circumstance the following recommendations are suggested for implementation, failing which, Environmental compensation may be levied to Tiruvallur Municipality:
1. Tiruvallur Municipality shall stop discharge of treated sewage in Putlur Eri, after implementation of treated sewage Pipe line conveyance project for the disposal of entire quantity of treated sewage into Cooum river on the downstream of Check dam near Putlur as per the NOC issued by PWD and the same shall be 12 commissioned within the stipulated time November 2020.
2. Tiruvallur Municipality shall obtain and operate the CSTP with valid Consent to Operate (CTO) from TNPCB.
3. Tiruvallur Municipality shall operate and maintain the CSTP efficiently and continuously to achieve the treated sewage discharge standards prescribed by TNPCB at all time. Ensure no discharge of untreated/ partially treated sewage into water body under any circumstances.
4. The PWD shall carryout regular maintenance of Putlur Eri to maintain the water quality.
District Collector, Tiruvallur District.
Commissioner,
Thiruvallur Municipality
xecutive Engineer,PWD,
Kosasthalaiyar Basin
Division,WRD,Tiruvallur Executive
Engineer,Tamilnadu
Water supply and
Drainage Board ,RWS
Division,Tiruvallur
13
District Environmental Engineer,
TNPCB,Tiruvallur
6. Today, there is no representation for Thiruvallur Municipality to ascertain as to whether they have complied with the recommendations made by the joint committee. Though it was mentioned in the earlier report that Municipality has no 'consent to operate' and also they have violated the conditions of 'consent to establish' and they wanted to ascertain from Municipality as to whether any further action has to be taken, no further report regarding the same has been filed by the pollution control board.
6. So under such circumstances, we direct the joint committee to assess the environmental compensation payable by Municipality for the violation of condition and operating STP without obtaining necessary 'consent to operate' and submit further report in this regard. We also direct Tamil Nadu Pollution Control Board to file a separate independent report regarding the action taken on the basis of the violations committed by them, including imposition of environmental compensation, as directed by this Tribunal in several cases, where violation of conditions have been noticed and complying the guidelines provided by Central Pollution Control Board in 14 this regard against the project proponent as well as local body for non compliance of pollution norms and pollution laws. Municipality is also directed to submit a status report regarding implementation of the recommendations given by the committee. Two months time is granted to the committee and also to the respondents to comply with the directions.
7. The committee as well as respondents mentioned above are directed to submit further report as well as action takes report to this Tribunal through e-mail or e-filing at [email protected] on or before 3.9.2020.
8. Registry is directed to communicate this order to the members of the committee as well as the above officials by e-mail immediately for enabling them to comply with the directions. For consideration of further report and action taken report, post on 3.9.2020.
...................................J.M. (Justice K. Ramakrishnan) .......................................E.M. (Sri.Saibal Dasgupta) O.A. No.189 / 2017 26.6. 2020-Kkr 15