National Green Tribunal
National Green Tribunal Southern Zone vs Union Of India Rep. By Its Secretary ... on 27 January, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.14 & 15:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 131 of 2020 (SZ)
With
Original Application No. 186 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
M. Jayachandran,
Ranipet District and another.
...Applicant(s)
Versus
The Ministry of Environment,
Forest and Climate Change and others.
...Respondent(s)
With
Tribunal on its motion Suo Motu based on the
News item in the New Sunday Express Newspaper
Edition dt. 20.07.2020, "Ranipet Residents health at risk due to
Pollution: Chromium waste killing agriculture in Ranipet poses
Long-term health risk"
...Applicant(s)
Versus
Union of India and others.
...Respondents(s)
Date of hearing: 27.01.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
1
O.A. No.131/2020(SZ)
For Applicant (s): Ms. Najumunisha represented
Mr. S.V. Vijay Prashanth.
For Respondent(s): Mr. Meyyappan represented
Mrs. Me. Saraswathy for R1.
Dr. D. Shanmuganathan for R2 to R4 & R7.
Mr. Suryaprakash represented
Mrs. Shanmugavalli Sekar for R5 & R6.
M/s. Tanushree for R8.
O.A. No.186/2020(SZ)
For Applicant (s): Suo Motu by Court.
For Respondent(s): Mr. R. Thirunavukarasu for R2.
Dr. D. Shanmuganathan for R3 to R7, R9 & R10.
Mr. Suryaprakash represented
Mrs. Shanmugavalli Sekar for R8.
ORDER
1. As per order dated 08.11.2021, this Tribunal had considered the order passed on 16.08.2021 in Para (1) of the order and considered the joint report submitted by the Tamil Nadu Pollution Control Board signed on 22.10.2021, e-filed on the same date and extracted in Para (2) of the order and also considered the reply filed by the applicants dated 05.11.2021 and e-filed on 07.11.2021 extracted in Para (7) of the order and then, passed the following order:-
2"8. It is also mentioned in the above reply that the police officials namely, Deputy Superintendent of Police had collected the discharged untreated effluent and the same was sealed and handed over to the Revenue Divisional Officer, Ranipet and it was presumed that the said sample of discharged untreated effluents were handed over to the Tamil Nadu Pollution Control Board. But so far the samples have been tested and report filed.
9. The Tamil Nadu Pollution Control Board is also directed to verify the same and if such samples have been received by them, they are directed to submit the report as to whether the same has been tested and if so, what is the nature of result of the analysis and if there is any truth in the allegations, what is the nature of steps or action taken by them on this aspect.
10. Further, the Tamil Nadu Pollution Control Board is also directed to file the report regarding the previous status of obtaining authorization under the Hazardous and Other Waste Management (Transboundary and Movement) Rules, 2016 prior to 11.02.2020 by the 8th Respondent unit in O.A. No.131/2020 and if no authorization was obtained by them, what is the nature of action taken in this regard.
11. Further, the Tamil Nadu Pollution Control Board is also directed to ascertain as to whether the Continuous Online Effluent Monitoring System has been installed by the 8th Respondent and other similar units to ascertain efficacy of treatment of liquid wastes in that area in addition to the requirement of installing Online Continuous Emission Monitoring System to ascertain the Ambient Air Quality and the efficacy of air pollution control mechanism.
12. Though the Joint Committee has filed the compliance report dated 29.9.2021 in O.A. No.131/2020, it was not e-filed. When this was pointed out, the learned counsel appearing for the MoEF&CC submitted that the same has been e-filed, but office wanted some time to verify the same. The learned counsel appearing for the MoEF&CC is also directed to ascertain from the office as to whether there is any defect in e-filing and if so, rectify the same, so that the same can be considered by this Tribunal on the next hearing date.
13. The Joint Committee is also directed to conduct a further inspection of the units in question which were responsible for causing such pollution in river Palar and also responsible for the deposit of Chromium and disposal of the same and what are the effective steps that have been taken after their earlier inspection. They are also directed to ascertain as to whether the allegations mentioned by the applicant in O.A. No.131/2020 in their reply which was extracted above are genuine or not.
14. The State of Tamil Nadu is also directed to file a detailed report regarding the remedy of the situation in a comprehensive manner as has been directed by the Hon‟ble Apex Court in Vellore Citizen‟s Welfare Forum 3 Vs. Union of India1, as the issue is pending since 1996 and we are still in the stage of preparation of DPR and no actual steps have been taken to remedy the situation permanently on ground so far, though everybody knows that Chromium deposit in that particular place for a longer period can cause serious effects due to contamination of river (through leachate) and its impact on health of the local people. The people of Ranipet and surroundings are suffering with this difficulty since long time and the State Government has also got some responsibility to look into the issue and take effective practical measures to remedy the situation in a permanent way and collect the expenses incurred for doing the remedial measures from the persons who are responsible for causing such pollution in that area applying the "Polluters Pay" principle. But such a proactive step has not been taken by the State Government so far.
15. The Central Pollution Control Board is also giving certain directions as to how this will have to be done and they have also not taken any effective steps to implement their recommendations by the State Government and if there is any latches on the part of the persons who are responsible for the same, what is the nature of action taken by them in this regard is also not clear from the report submitted.
16. The Committee as well as the Tamil Nadu Pollution Control Board, Central Pollution Control Board, District Collector, Ranipet District and the 8th Respondent in O.A. No.131/2020 are directed to file their independent reports regarding the above aspects on or before 14.12.2021 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.
17. The Registry is directed to communicate this order to the members of the committee, the Chief Secretary, State of Tamil Nadu, Principal Secretary for Environment and Forests, Regional Office of the Central Pollution Control Board, Chennai, Chairman/Member Secretary of the Tamil Nadu Pollution Control Board and the District Collector, Ranipet District by e-mail immediately for their information and compliance of the direction."
2. The case was originally posted to 14.12.2021 for consideration of further reports and objection (if any) to the report submitted. Thereafter, it was adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 04.01.2022.
1(1996) 5 SCC 647 4
3. We have received the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 03.01.2022, e-filed on the same date which reads as follows:-
"REPORT FILED ON BEHALF OF THE RESPONDENTS TAMIL NADU POLLUTION CONTROL BOARD.
I, J. Josephine Sahayarani, Daughter of Jesu Rajan, Christian, aged about 57 years, having my office at No. 76, Mount Salai, Guindy, Chennai - 600032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing this Report on behalf of the Respondents Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that the Hon'ble NGT (SZ) in its order dated 08.11.2021 has directed the Tamilnadu Pollution Control Board to submit Status Report and inter-alia as follows:
"Para 7. The report of the Tamil Nadu Pollution Control Board also shows that some of the compliance reports were noted by them on the basis of the statement made by the officials of the 8th Respondent unit in O.A. No. 131/2020. It appears that they have not inspected the unit critically and submitted the report without any analysis at their end. So, we direct the Tamil Nadu Pollution Control Board to inspect the unit in question in O.A. No. 131/2020 again and file the status report and certify the adequacy of the systems provided and also ascertain the genuineness of the allegations made by the applicant in their reply dated 05.11.2021"
3. It is respectfully submitted that with regard to the objection filed by the applicant the following are submitted:
5 6 7 8 94. It is respectfully submitted that, further the Hon'ble NGT in its order dated 08.11.2021 has directed inter alia as follows:
"Para 9: The Tamil Nadu Pollution Control Board is also directed to verify the same and if such samples have been received by them, they are directed to submit the report as to whether the same has been tested and if so, what is the nature of result of the analysis and if there is any truth in the allegations, what is the nature of steps or action taken by them on this aspect.
Para 10: Further, the Tamil Nadu Pollution Control Board is also directed to file the report regarding the previous status of obtaining authorization under the Hazardous and Other Waste Management (Transboundary and Movement) Rules, 2016 prior to 10 11.02.2020 by the 8th Respondent unit in O.A. No. 131/2020 and if no authorization was obtained by them, what is the nature of action taken in this regard.
Para 11: Further, the Tamil Nadu Pollution Control Board is also directed to ascertain as to whether the continuous Online Effluent Monitoring System has been installed by the gth respondent and other similar units to ascertain efficacy of treatment of liquid wastes in that area in addition to the requirement of installing Online Continuous Emission Monitoring System to ascertain the Ambient Air Quality and the efficacy of air pollution control mechanism."
5. It is respectfully submitted that the sample collected on 24.10.2021 by the DSP, Ranipet was analysed by the Board's lab and the ROA reveals that the parameters TDS, BOD and COD are exceeding the standards prescribed by the Board. The Copy of ROA is submitted herewith as Annexure I. The report of analysis of stagnated water sample collected by DEE, TNPCB, Vellore on 25.10.2021 reveals that the parameters TDS, BOD and COD are within the standards prescribed by the Board. The Copy of ROA is submitted herewith as Annexure II.
It was also instructed by the TNPCB officials to plug the above said opening for rain water passing. The above instructions were carried out by the unit and the same was verified during inspection on 28.10.2021.
Again five number of samples taken in and around the unit of M/s Thirumalai Chemicals Limited, Ranipet on 11.11.2021 during rain, the ROA reveals that the parameter pH - 2 times, TSS - 1 time, BOD - 1 time, COD - 2 times were exceeded the standards prescribed by the Board. The Copy of ROA is submitted herewith as Annexure III.
116. It is respectfully submitted that in view of public complaint received through District Administration, the site was immediately inspected and three numbers of storm water drain samples were collected on 18.11.2021 by the DEE, TNPCB, Vellore in the presence of RDO, Ranipet and the ROA reveals that all the parameters are within the standards prescribed by the Board. The Copy of ROA is submitted herewith as Annexure IV.
7. It is respectfully submitted that based on the inspections carried out by the JCEE(M), TNPCB, Vellore on 09.11.2021, further directions under section 33(A) of Water (P&CP) Act, 1974 was recommended and issued to the unit by the Board vide proc. dt: 20.11.2021 for compliance of the following conditions within 3 months time.
i. The unit shall restrict the number of discharge points connected with outlet drains to drain the excess rainwater in and around the unit.
ii. The unit shall install online continuous monitoring systems in the discharge points for the parameters TDS, TSS, PH, BOD, COD and other relevant parameters along with surveillance camera and the same shall be connected to water quality watch of TNPCB and CPCB portal for continuous monitoring.
iii. The unit shall reuse the entire treated effluent (RO permeate and MEE condensate) in their process continuously and to ensure 100% ZLD.
iv. The unit shall not discharge any treated/untreated effluent outside the premises and shall not be stagnated/ponding of water under any circumstances.
7. It is respectfully submitted that the unit of M/s Thirumalai Chemicals Limited had obtained Authorization under Hazardous Waste (M, H & TB) Rules, 2008 vide proc. dated: 16.10.2014, valid for five years up to 15.10.2019.
8. It is respectfully submitted that the unit has installed Electro Magnetic Flow Meters at 17 points of ZLD system and all the EMFM have been connected to the Water Quality watch Centre, TNPCB, Chennai. The unit has also provided Online Continuous Emission Monitoring System at four stacks and the same is connected to the Care Air Centre, TNPCB, Chennai.
12Since the unit completed its upgradation works of ZLD system and IIT, Madras has certified the adequacy of the 100% ZLD system provided by the unit, TNPCB has issued renewal of consent orders under Water and Air Acts vide proc. dt. 29.11.2021 with validity for the period up to 31.03.2022. The Unit has obtained authorisation under HOWM Rules 2016, vide proceeding dated : 11.02.2020 with validity upto 10.02.2025.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such order as it may deem fit and proper in this case and thus render justice."
4. The Joint Committee has filed the report in O.A. No.131 of 2020 dated 13.12.2021, e-filed on the same date which reads as follows:-
"OBSERVATIONS OF THE JOINT COMMITTEE (APPOINTED IN OA NO. 131 OF 2020) ON THE ALLEGATIONS MENTIONED BY THE APPLICANT IN THEIR REPLY DATED 05-11-2021.
1. Background The Hon'ble NGT, in Original Application No. 131 of 2020 (SZ) in the matter of M. Jayachandran, Ranipet District and Anr. Vs The Ministry of Environment, Forest & Climate Change and Ors, vide its order dated 08-11- 2021 directed to Joint Committee to ascertain as to whether the allegations mentioned by the applicant in O.A. No.131/2020 in their reply are genuine ornot.
The allegation mentioned by the applicant in O.A. No.131/2020 in their reply 05.11.2021 pertains to releasing of untreated effluents by the 8th Respondent, M/s Thirumalai Chemicals Ltd, SIPCOT, Ranipet on 24-10-2021 and 29-10-2021 at the time of raining/rainy season through rain water channel in indiscriminate way.
13The applicant further complained that the 8 th Respondent had failed to comply with the Joint Committee‟s recommendations related to
(i) Conducting adequacy test from IIT Madras and obtaining certification that the unit has achieved 100% ZLD capacity after commissioning of upgraded ETP and (ii) Preparation of DPR through IIT, Madras for the remediation of the land where the untreated effluent was discharged within the industry site and execution of the task of remediation of contaminated site, under the supervision of TNPCB.
2. Joint Committee's visit In order to ascertain the allegations of the applicant and review the compliance status of the recommendations that are „Partially Complied‟ or the „Compliance is under progress‟, the Joint Committee had briefing meeting at the office of RDO, Ranipet and carried out a site visit at 8th Respondent Unit on 01-12-2021. The following committee members attended the site visit and reviewed the compliance status:
1. Dr. R. Rajkumar Scientist „D‟ CPCB, Regional Directorate, Chennai
2. Smt. R. Poonkodi RDO, Ranipet
3. Er. Muthaiya SE,WRD, Pennaiyar Basin Circle, Tiruvannamalai
4. Shri G. Ravichandran DEE, TNPCB, Vellore
5. Dr. R. Sridhar Scientist „D‟, Integrated Regional Office (IRO), MoEF&CC, Chennai
3. Joint Committee's observation Committee's observation on the allegations mentioned by the applicant related to releasing of untreated effluents by the 8th Respondent Unit and compliance status of recommendations given in the following table:
14 No. Issues Joint Committee's observation
1 The allegation The Committee noted that the water samples
mentioned by the collected on 24-10-2021 (by Ranipet DSP
applicant in O.A. office) and further on 25-10-2021 and 11-
No.131/2020 in their 11-2021 (by
reply 05.11.2021 TNPCB) were analysed and the test reports
pertains to releasing of produced for Committee's information. The
untreated effluents by reports are enclosed at Annexure-I. The test
the 8th Respondent, reports were discussed
M/sThirumalai by the Committee.
Chemicals Ltd, SIPCOT, Ranipet on 24-10- 20
From the analysis of water sample collected on 24-10-2021, 25-10- 2021 and 11-11-2021 it was observed that that the effluent of the industry was mixed with the rain water.
The Committee has gone furthest in this analysis. During the site inspection held on 1-12-2021, the Committee also collected water samples from the stagnated water inside the premises of the industry and got analyzed through the external and third- party laboratory (M/s Glens Laboratory, EPA approved). The analysis results are given in the following Table No.1. As per this analysis, the stagnated water samples collected inside the premises were showing the characteristic of the effluent generating from industry.
TDS is ranging from 2500 to 19984 mg/l, total hardness ranging from 210 to 1050 mg/l, Total Alkalinity ranging from 521 to 2654 mg/l, Chloride ranging from 517 to 7634 mg/l indicates the untreated effluentcharacteristics of inorganic stream.
Maleic Acid presence 16.81 mg/l is observed at one location in the stagnated water collected near ATFD and Phthalic Acid ranges from 8.93 to 296.32 which indicates the effluent characteristics of process effluent.
This might be due to the fact that untreated effluent was discharged on the land inside the industry premises.
Also, the samples which are collected at the location (treated effluent storage tank), near the storm water drain, was analyzed and it 15 was observed that sample is showing the characteristics of untreated effluent. This further confirms that untreated effluent is stored in the industry premises without following proper effluent management in the industrypremises.
The above observation clearly indicates the gross violation of industry in spite of having ZLD system for effluent management.
2 The unit was directed by The unit has provided ZLD system and TNPCB to restrict the adequacy of the same is also carried out by production of 50 % of IIT, Chennai.
its consented quantity
so as to achieve zero The th Respondent
liquid8discharge consistently tillobtained unit has the commencement CTO & effective fun components. from TNPCB vide letter dated 29-11-2021 which is valid up to 31st March 2022.
3 Conducting adequacy Complied.
test from IIT Madras
and obtaining The 8th Respondent Unit has obtained report
certification that the from the IIT Madras which carried out the
unit has achieved audit of the treatment systems to access the
100%ZLD capacity capacity for 100% ZLD
aftercommissioning capacity.ETP.
of upgraded
The IIT report has recommended the following:
1) The existing ZLD facility in M/s TCL is adequate to treat 600 KLD of wastewater, provided the plant is operated and maintained properly.
2) The performance of the ETP can be improved significantly by optimizing the reactor sizes and properly operating them. The COD value of the treated water from ETP is above 2000 mg/L. Also, the 16 activity of biomass in the system may be assessed.
3) The water mass balance of the system was satisfactory, within a permissible error limit
4) There was an 8% discrepancy in the solid mass balance. It may be due to the variation in the quality of wastewater and intermittent storage.
5) The plant may avoid unnecessary
storage facilities
Copy of the report of the IIT Madras titled
"Status report on
Environmental Audit of Thirumalai
Chemicals Ltd, Ranipet" is enclosed at
Annexure-II.
4 Preparation of DPR Complied.
through IIT, Madras for
the remediation of the The DPR has been prepared by IIT Madras for land where the remediation of the land where the untreated untreated effluent was effluent was discharged within the industry discharged within the site (Annexure-III).
industry site and
execution of the task of The Report was submitted to TNPC Board
remediation of on 20.09.2021. As suggested by the TNPCB contaminated site, vide letter dated 23-9- 2021, the 8th under the supervision Respondent Unit has submitted the action of TNPCB plan with time schedule for execution of the work by the unit to the TNPCB. The contaminated site is being developed a green park with trees, shrubs and grass.
Table No.1: Analysis results of the samples collected by the Joint Committee Parameters Stagnated Stagnated Stagnated Treated Sample near Sample near Sample Effluent ATFD ETP (at storm (inside Storage water premises tank discharge near ATM) point) 17 pH 7.81 9.82 8.33 8.33 Conductivity 27800 10240 3810 15940 TDS 19984 7445 2500 11300 Colour Yellow Yellow Yellow Yellow Odour Disagreeable Agreeable Agreeable Disagreeable Turbidity 34 16.4 7.8 151.2 Total 1050 210 672 189 Hardness Total 2267 2654 521 4516 Alkalinity Chloride as 7634 1320 517 2303 Cl BOD 2123 79 87 3556 COD 9225 353 369 14350 Sulphate as 1372.9 214 528 359.5 SO4 Nitrate as 100.5 249 BDL 230 NO3 (DL:1.0) Sodium as 9080 3365 895 4900 Na Potassium 210 53 66 28 Total 231 60 21.5 136 Suspended Solids Fluoride as F 0.62 0.62 0.18 0.55 Hexavalent 0.148 BDL BLD 0.03 Chromium (DL:0.01) (DL:0.01) T. Chromium 0.2 0.018 BLQ 0.042 as Cr (LOQ:0.005) Maleic Acid 16.81 BLQ BLQ BLQ (LOQ:1.0) (LOQ:1.0) (LOQ:1.0) Fumaric Acid BLQ BLQ BLQ BLQ (LOQ:1.0) (LOQ:1.0) (LOQ:1.0) (LOQ:1.0) Phthalic Acid 296.32 50.39 8.93 326.34
4. Directions issued by TNPCB:
The Committee noted that the TNPCB, vide letter dated 20-11- 2021 (Annexure-IV), has issued certain directions to the 8th Respondent Unit for the above violations which are extracted below:
(i) The unit shall restrict the number of water discharge points connected with outlet drains to drain the excess rain water in and around the above unit.
(ii) The unit shall install online continuous monitoring systems in 18 consultation with JCEE (M), VLR in the discharge points for the parameters such as TDS, TSS, PH, BOD, COD and other relevant parameters along with surveillance camera and it shall be connected with WQW of TNPCB and CPCB web portal for continuous monitoring.
(iii) The unit shall reuse the entire treated trade effluents (RO permeate and MEE Condensate) in their process continuously and to ensure 100% ZLD.
(iv) The unit shall not discharge any treated /untreated effluent outside the premises and shall not be stagnated /ponding of water under any circumstances.
5. Conclusion/Suggestions:
The unit has complied with the earlier directions issued by TNPCB.
As directed by the Hon‟ble Tribunal to verify the allegation made by the applicant, the Joint Committee observed that water samples collected by the TNPCB & Joint Committee from the industry site, shows the effluent characteristics, which might be due to the fact that effluent was discharged on the land inside the industry premises by violating the consent condition in spite of having ZLD system. The unit has to comply with the above directions issued by the TNPCB vide letter dt 20-11- 2021.
In view of the above, it is prayed by the Joint Committee that the TNPCB shall take necessary action on the repeated violations by the 8th Respondent Unit and periodically review the Unit to comply with the directions issued. The operation of the unit shall not attract repeated complaints.
By considering the above facts and observation of the Joint Committee, the Hon‟ble Tribunal may pass appropriate Order
(s)/Direction (s) as deemed fit."
5. The 8th Respondent in O.A. No.131/2020 has filed their objections to the Joint Committee report dated 13.12.2021. The 8th Respondent also filed counter to the reply filed by the applicants dated 05.11.2021.
Page 19 of 336. The 8th Respondent also filed an affidavit to place on record certain aspects dated 08.12.2021 which reads as follows:-
"AFFIDAVIT ON BEHALF OF THE 8TH RESPONDENT TO PLACE ON RECORD THE I, Ramya Bharathram, aged about 49 years, representing the 8th Respondent, having office at 5th Floor, SPIC House, 88, Mount Road, Chennai 600 032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Managing Director and CFO of the 8th Respondent (the "Answering Respondent) and as such well acquainted with the facts of the case and competent to swear to the present Affidavit.
2. The present Affidavit is being filed to place on record the Status Report on Environmental Audit of Thirumalai Chemicals Ltd, October, 2021 prepared by Prof. Ligy Philip and her team, Environmental and Water Resource Engineering Division, Department of Civil Engineering, Indian Institute of Technology, Madras ("Adequacy Report").
3. Vide Report dated 11.02.2021, the Joint Committee constituted by this Hon'ble Tribunal had inter alia directed the Respondent No.8 Unit to carry out adequacy test by an independent govt academic/research institution like IIT Madras and to certify that the unit has achieved 100% ZLD capacity, after commissioning of upgraded ETP.
4. Accordingly, the upgraded ETP was commissioned on 15th June 2021, pursuant to which the Adequacy Report has been prepared and issued by Prof. Ligy Philip and her team.
5. Vide Order dated 08.11.2021, this Hon'ble Tribunal had inter alia directed the 8th Respondent Unit to submit the compliance report regarding the implementation of the ZLD in their Unit. Accordingly, the Status Report on Environmental Audit of Thirumalai Chemicals Ltd, October, 2021 is annexed herewith as Annexure "A".
6. In the above circumstances and further to the Order dated 08.11.2021, it is humbly submitted that this Hon'ble Tribunal consider and take on record the Report on Environmental Audit of Thirumalai Chemicals Ltd. and pass appropriate orders including setting aside the findings arrived Page 20 of 33 at by the Joint Committee to the extent set out hereinabove and thus render justice.
Dated at Chennai on this the 8th day of December, 2021."
7. Along with the affidavit, they have produced the status report on Environmental Audit of Thirumalai Chemicals Limited, Ranipet prepared by Prof. Ligy Philip and the team in October 2021 in support of their case, which they want to come on record for the purpose of compliance of the implementation of the ZLD in their unit.
8. The 8th Respondent also filed the report prepared by Vellore Institute of Technology (VIT) in respect of Hydrological Study conducted and also the amendment to the EPA Rules, 1986.
9. The Tamil Nadu Pollution Control Board is directed to consider the counter affidavit filed by the 8th Respondent to the Joint Committee report filed on 13.12.2021 and submit their views on the same. As regards the installation of Online Monitoring of Industrial Emission and Effluent System (OCEMS) is concerned, they are directed to file the further report regarding the same. They are also directed to furnish the reasons for non-establishment of OCEMS earlier and report the compensation levied for the violation.
Page 21 of 3310. The 8th Respondent is also directed to file a detailed report regarding the installation of Online Monitoring of Industrial Emission and Effluent System (OCEMS) as observed by the Pollution Control Board in their report.
11. In O.A. No.186 of 2020, the Joint Committee has filed an interim report signed by some of the members with date 08.12.2021, e-filed on 09.12.2021 which reads as follows:-
"Interim Report of the Joint Committee in the matter of OA No. 186/2020 (As per Hon'ble National Green Tribunal, Southern Zone ChennaiOrder dated 08.11.2021)
1. Background The Hon‟ble National Green Tribunal, Southern Zone, Chennai has taken Suo Motu case on the basis of the newspaper report published in "The New Sunday Express Newspaper Edition dated: 20.07.2020 under the captions "Ranipet residents health at risk due to pollution; Chromium waste killing agriculture in Ranipet, poses long-term health risks". In the matter of OA no. 186 of 2020 constituted a joint committee and given certain directions vide its order dated 21.01.2021 and 03.02.2021. Accordingly, joint committee submitted the report in the month of April 2021. The recommendations/suggestions given in the joint committee report is as follows;
Recommendations for industries:
Tamilnadu Pollution Control Board may be directed to issue notice to the following industries and take appropriate action accordingly. M/s Malladi Drugs &Pharmaceuticals Ltd., (Unit I) The unit shall obtain proper consent for disposal of bio yeast sludge by mixing Page 22 of 33 with TEE concentrate, which is sent for co-processing. Characteristics of the sludge generated from clarifier after FICCO treatment shall be carried and accordingly consent/ authorisation shall be obtained from TNPCB for generation, storage & disposal.
The unit shall obtain HW Authorisation for generation, storage & disposal of spent solvent residue generated in the process, off specification products & chemical drums/barrels/containers/ bags. Accordingly, waste shall be disposed to authorised recycler or pre- processor or co-processor or TSDF. Since the industry is operating both the boilers 3.5 TPH & 6 TPH regularly, OCEMS shall installed in the stack attached to 6 TPH boiler also for the parameter PM.
Since the industry is claiming ZLD system and not using the treated effluent for gardening, online analyser for the parameters pH, COD, BOD & TSS may be removed. To ensure that no effluent used for gardening, the unit shall install flow meter for the treated effluent reuse.
To verify the ZLD system, flow meters in the RO reject, FICCO inlet and treated effluent reuse shall be installed & connected to CPCB and TNPCB server as well as the flow meters RO feed, MEES feed & TEES feed connected to TNPCB shall also be connected to CPCB server.
The unit shall provide proper shed for the storage of spent solvent residue as well as for reprocessing materials/ solvents.
The unit shall take necessary steps to remove the compost placed in the open yard. The compost shall be bagged & stored properly. The sludge in the collection lagoon shall also be removed, stored & disposed properly. EC calculated by the committee for violation of HW Rules is Rs 40,95,000/- (Rupees forty lakhs ninety-five thousand) and same shall be remitted to CPCB M/s. Malladi Drugs and Pharmaceuticals Ltd., (Unit-III) The unit shall install RO system for treatment of low TDS effluent before sending to MEE.
The unit shall obtain consent from TNPCB for the production of Acetic Acid as by- product.
The unit shall obtain HW Authorisation for generation, storage & disposal of Page 23 of 33 spent solvent residue generated in the process, off specification products & chemical drums/barrels/containers/ bags. Accordingly, waste shall be disposed to authorised recycler or pre- processor or co-processor or TSDF. The unit shall stop sending the concentrate FCE wastewater to any of recycler or industries without obtaining consent/approval from TNPCB. The unit shall provide proper shed for the storage of spent solvent residue as well as for reprocessing materials/ solvents.
EC calculated by the committee for violation of HW Rules is 93,60,000/- (Rupees Ninety-three lakhs sixty thousand) and same shall be remitted to CPCB M/s Sviss Labss Pvt Ltd.
The unit shall obtain consent for the production of by-products Aluminium Chloride Liquid & HCl.
The unit shall obtain authorisation for generation, storage & disposal of off specification/ contaminated product under hazardous waste rules. The unit shall upgrade RO as well as evaporator system for achieving proper treatment.
The unit shall upgrade the ETP for the consented quantity and also provide proper physiochemical treatment for the effluent generated from lab & floor washing followed by RO. The RO reject shall be treated in MEE to achieve ZLD. The unit shall install ATFD to remove the salt rather than disposing to elevated solar evaporation pond.
The unit shall ensure no effluent is discharged to the ground level solar evaporation pond and this pond shall be dismantled. The unit shall provide proper treatment system for the effluent generated from softener, cooling tower & blow down before taking to the RO system directly. As the unit claims no effluent generation from process, so TNPCB shall carry out detail study of the process to estimate exact quantity of waste water generation from process and moreover stream wise waste water generation shall be specified in the consent.
The unit shall install flow meters at inlet of individual streams, RO inlet, RO reject, RO permeate, MEE inlet & MEE condensate and connect to CPCB/ TNPCB server to verify the ZLD system.Page 24 of 33
EC calculated by the committee for violation of HW Rules is Rs 2,65,00,000/- (RupeesTwo Crores Sixty-five Lakhs) and same shall be remitted to CPCB.
M/s Ultramarine & Pigments Ltd.
The unit shall maintain ETP properly and also to take necessary steps to improve theperformance of RO system.
The unit shall arrest the leaks in kiln area as well as provide proper suction system inorder to control the fugitive emission. The waste generated from kiln upgradation shall be stored in a closed shed anddispose properly with consent from TNPCB. The unit shall install flow meters at inlet of ETP, RO (Inlet, permeate & reject) and MEE (inlet & condensate) and same shall be connected to CPCB/TNPCB server to assess the ZLD system.
M/s Arjun Chemicals Pvt Ltd., The unit shall install online TDS meter in the RO reject discharge as per consentedcondition.
M/s P A Footwear P Ltd., Unit-II The unit shall replace existing salzberg mechanical dryer system and upgrade to MEEsystem The unit shall provide proper drying area for the sludge & semi solid and dried solidshall be packed & stored in the closed shed.
The unit shall connect all online flow meters to CPCB server also. M/s. Ranipet SIDCO Finished Leather Effluent Treatment Company Ltd., (Phase 1) The CETP shall stop its construction activities, until identifying the sources ofpollution.
On identification of sources of pollution, remediation action shall be initiated andTNPCB shall impose the environmental compensation on the defaulter.
The unit shall install ATFD system as per direction of TNPCB. The unit shall obtain valid HW Authorisation from TNPCB and also to incorporatefor storage & disposal of chemical drums/barrels/containers/ bags. EC calculated by the committee for violation of HW Rules is Rs 2,25,000/-Page 25 of 33
(Rupeestwo lakhs twenty five thousand) and same shall be remitted to CPCB. M/s. SIPCOT & SIDCO Phase 2 Entrepreneur Finished Leather Effluent Company (P)Ltd., The CETP shall expedite the upgradation of treatment system. CETP shall submit the action plan for removal & disposal of sludge to TSDF presentin the SLF facility.
CETP shall obtain valid HW Authorisation from TNPCB and also to incorporate for storage & disposal of chemical drums/barrels/containers/ bags. CETP shall connect all online flow meters to CPCB server. EC calculated by the committee for violation of HW Rules is Rs 1,68,750/- (Rupees One lakh sixty-eight thousand seven hundred fifty) and same shall be remitted to CPCB.
Consolidated Table (Environmental Compensation to be paid by the violating industries to CPCB):
S.N Name of Industry Environmental
o. Compensation
1 M/S. Malladi Drugs And Pharmaceuticals Ltd Unit-I Rs.40,95,000
2 M/S. Malladi Drugs And Pharmaceuticals Ltd Unit-3 Rs.93,60,000
3 M/S. Sviss Labss Private Limited Rs.2,65,00,000
4 M/S. Ranipet SIDCO Finished Leathers Effluent Rs.2,25,000
Treatment Co. Ltd,
5 M/S. SIPCOT - SIDCO Phase II Entrepreneur , Finished Rs.1,68,750
Leather Effluent Treatment Co. Pvt.Ltd.
6 M/S. Snap Natural And Alginate Products P Lt Rs.10,00,000
7 M/S. Prestige International, Rs.1,00,000
8 M/S. Standard Chemicals And Leathers, Rs.1,18,000
9 M/S. Titan Leather Exports Unit Ii Rs.1,00,000
10 M/S. Pioneer Leder Tex P Ltd Rs.1,00,000
11 M/S. Vinyork Leather Works Rs.1,00,000
12 M/S. Sri Thirumalai Leathers Rs.1,00,000
13 M/S. Mahalakshmi International Rs.1,00,000
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Conclusions on Remediation of Chromium Contaminated Site at Ranipet, Tamil Nadu:
As per the terms of NCEF project scheme, Central funding for assessment and remediation of contaminated area was limited to 40% of the total project cost. The remaining 60% is to be met from State Government through Polluter Pays Principle/Public-Private Partnership/State support, etc. Government of Tamil Nadu State had given in-principle approval for funding State‟s share of 60%. The project for preparation of DPRs including TCCL contaminated area at Ranipet, Tamil Nadu was initiated in the year 2014. However, NCEF Project of MoEF&CC has been discontinued by Government of India. CPCB has completed DPR for remediation of chromium contaminated area at Ranipet, Tamil Nadu based on detailed site investigation including human health risk assessment studies. The DPR along with templates of bid document was forwarded to Government of Tamil Nadu and TNPCB for execution of remediation works.
Since the TCCL was operated by State government department and also by few private entities, funds for remediation may be apportioned to both TN State as well as the other responsible parties, who operated the plant. As the current scenario in ground level remains same and pollution is being continued as the seepage from the chromium sludge dump yard is flowing to the surface as well as ground water bodies. Hon‟ble Tribunal may direct the Govt. of Tamil Nadu to start up remediation work. Since the financial matter is involved, this issue may be taken up in the level of Chief Secretary, Government of Tamil Nadu constituting the monitoring committee for effective progress in the remediation work.
Since no progress made on implementation of remediation work even after finalisation of DPR, Hon‟ble NGT shall directed the Govt. of Tamilnadu to implement the following;
i) Chief Secretary to review the matter periodically by constituting the State Level Monitoring Committee for effective monitoring & supervision of remediation work. The remediation work may be executed as per the DPR prepared by CPCB.
ii) Government of Tamilnadu shall recover a portion of the cost from the responsible parties/ owner of M/s TCCL. Until the recovery of the cost, the remediation work shall be initiated by utilising the environmental compensation Page 27 of 33 available with TNPCB.
iii) TNPCB shall prepare & submit PERT chart on execution of the work in consultation of the Chief Secretary.
iv) Remediation work may be executed as per authorization and supervision of TNPCB. TNPCB may also engage any competent consultant to monitor and verify the works.
v) CPCB may provide technical assistance and also verify the remediation works asand when required.
Further, Hon‟ble Tribunal in its order dated 08.11.2021 directed the joint committee as follows and to submit the report on or before 14.12.2021;
"... The Joint Committee is also directed to conduct a further inspection of the units in question which were responsible for causing such pollution in river Palar and also responsible for the deposit of Chromium and disposal of the same and what are the effective steps that have been taken after their earlier inspection..."
In compliance to the order dated 08.11.2021, a joint committee meeting was conducted on 01.12.2021 and detailly discussed about the plan of action to carry out the inspection of industries as well as status of implementation of Action Plan w.r.t Chromium contaminated site remediation work.
2. Status of further Inspection of the units in question which were responsible for causingsuch pollution in river Palar During the committee meeting, it is decided to carry out the inspection of major water polluting industries in the SIPCOT as well as Ranipet area. In this regard, TNPCB has identified 41 nos. of industries and provided the list to the joint committee. Due to the current prevailing climatic condition, joint committee not able to carry out the inspection of industries. Accordingly, the joint committee tentatively planned to carry out the inspection of industries during third week of December 2021 by having the committee in two or three teams including the other officials of CPCB & TNPCB.
3. Responsible for the deposit of Chromium and disposal of the same and what are theeffective steps that have been taken after their earlier Page 28 of 33 inspection M/s TCCL, is a TIDCO joint venture company promoted during 1972 in association with Sh.K. K. Mohiadeen for implanting the project for the manufacture of Basic Chromium Sulphate. The promoters agreement was terminated due to equity contribution failure. Thereafter, the company was managed by TIDCO through its nominee directors till Jan 1989 except for initial two years period of operation. During 1988, TIDCO disinvested its shareholding in favour of Sh. C. V. Sridhar, who was appointed as CMD of TCC to Sh. Ashok Balasubramanian. The plant was not operated after 1995-96 as TNPCB issued notice to stop production until the solid waste is disposed off. TNPCB in its letter to Industries Department stated that 1.52 lakhs tonnes (out of 2.27 lakhs tonnes of chrome sludge) was generated during 1975 to 1988 when the management was with TIDCO and the balance 0.75 lakhs tonnes was generated during management of Sh. C. V. Sridhar and Sh. Ashok Balasubramaniam. Major 67% of waste generated during TIDCO tenure. A brief history obtained from SIPCOT, Ranipet about the M/s TCCL ownership is enclosed as Annexure III.
During the committee meeting, it is requested TNPCB to provide the present status of progress w.r.t remediation of contaminated site. The committee member representing TNPCB informed that "A letter has been addressed by JCEE (M), TNPCB, Vellore to the Corporate office, TNPCB, Guindy, Chennai vide T.O letter Dt. 3.12.2021 requesting the present status of progress on implementation of remediation measures to be taken at Chromium contaminated site in the unit of M/s Tamilnadu Chromates & Chemicals Limited, Ranipet. The further decision and report awaiting from the Board."
4. Status of Action Taken against the Violating industries on the Earlier inspection carriedout by the joint committee; In the earlier inspection of industries by the joint committee, violations were noticed and submitted the report to the Hon‟ble Tribunal. The joint committee report was communicated vide email dt. 30.06.2021 to TNPCB. In the meeting officer representing TNPCB informed that "JCEE(M), TNPCB, Vellore has addressed to Corporate office, TNPCB, Guindy, Chennai vide T.O letter Dt. 19.04.2021 & 16.11.2021 to issue the show cause notice under section 5 of E(P)A Act to the units as suggested by joint committee to impose Page 29 of 33 Environmental Compensation and the show cause notice to the units in this regard are yet to be issued by theBoard".
Hence the joint committee decided to carry out the compliance verification of industries which are inspected earlier as per Hon‟ble Tribunal order dated 21.01.2021 and 03.02.2021.
Request for seeking Time for submission of Committee Report:
Due to the current prevailing climatic condition, joint committee not able to carry out the inspection of industries. Considering the situation, joint committee please the Hon‟ble Tribunal to grant further two months time for submission of the industries inspection report."
12. It is seen from the report that the Joint Committee wanted two months time for submission of the final report.
13. In O.A. No.186 of 2020, the Central Pollution Control Board also filed the status report on remediation of Chromium contamination sites at Ranipet dated 03.01.2022, e-filed on the same date which reads as follows:-
"Status On Remediation of Chromium Contaminated Sites at Ranipet, Tamil Nadu Filed On Behalf of Central Pollution Control Board in the Matter of O.A no. 186/2020 as per order dt. 08.11.2021 Central Pollution Control Board (CPCB) has prepared and forwarded the accepted DPR for remediation of Chromium contaminated sites at Ranipet, Tamil Nadu, along with template of BID documents to TNPCB and Govt. of Tamil Nadu, vide letter dated 11.01.2019 & 13.02.2019, respectively, for execution of remediation works. CPCB is Page 30 of 33 regularly pursuing the said issue with TNPCB for execution of remediation work.
Hon‟ble NGT (PB), in O.A. No. 804 of 2017, in the matter of Rajiv Narayan & Anr. Vs. Union of India & Ors; w.r.t., „Assessment and Remediation of Contaminated Sites‟, had reviewed the aforesaid issue and the relevant directions were passed vide order dated 26.08.2019, are as below:
"126 sites which have already been identified as contaminated may be cleared of the hazardous waste within six months so that remediation process may start. The remediation work may start at the 55 sites for which DPRs have been completed within the timelines specified in the DPRs. For the remaining 71 sites, DPRs may be completed expeditiously but not later than one year and thereafter remediation may be done as per the timelines in the DPRs.
Failure to remove the waste from the 126 identified sites, will result in environmental compensation to be paid at the rate of Rs. 10 lakhs per site from 01.04.2020 by the concerned SPCBs/PCCs to the CPCB. Same rate will apply in respect of such of the 195 sites as are identified as contaminated with effect from 01.01.2021."
Further, in the order of the Hon‟ble NGT, dated 29.01.2021, the directions was as below:
"........The proceedings before the Tribunal are accordingly closed, with further monitoring being done at the level of the CPCB and the MoEF&CC, as already directed...."
In compliance to the aforesaid orders of the Hon‟ble NGT, CPCB held review meetings on 02.09.2020, and 16.03.2021, wherein it was decided that action may be taken and the reports needed to be submitted to CPCB. In response to this, TNPCB vide letter dated 10.04.2021, submitted the following:
1. Implementation of interim remedial measures is under consideration;
2. Preparation of Technical & Cost bid documents may be completed by 31.08.2021;Page 31 of 33
3. The proposal of Interim - Soil & Waste remediation measure is yet to get approval of the board including budget from Environmental Compensation fund. Time requirement is 03 months, i.e., 31.08.2021.
Further, CPCB held third review meeting on 18.11.2021 and it was observed that there is little progress w.r.t. execution of remediation works at the aforesaid site. TNPCB has informed the following:
1. Sanction of Rs. 12 Crores is awaited from Govt. of Tamil Nadu, for execution of interim remedial measure as indicated in the aforesaid DPR prepared by CPCB
2. Preparation of tender document as indicated in the aforesaid DPR is underway.
Further, TNPCB has got financial approval vide Board meeting dated 30.11.2021 to carry out the interim remediation measures and preparation of tender document is underway."
14. In O.A. No.186 of 2020, we have directed the Chief Secretary, State of Tamil Nadu to file the report of review of remediation process that is undertaken in the Ranipet area, but no such reports have been filed. So, the Chief Secretary, State of Tamil Nadu is directed to file the report as directed earlier in O.A. No.186 of 2020 before the next hearing date.
15. Considering the issue involved in O.A. No.186 of 2020, we feel that there is no necessity to link the same with the O.A. No.131 of 2020, as the issue of remediation process to be undertaken in O.A. No.186 of 2020 will take some time. Under such circumstances, we feel that it is necessary to delink the O.A. No.131 of 2020 from O.A. No.186 of 2020 and this can be independently considered. So, O.A. No.131 of 2020 is Page 32 of 33 delinked and posted for consideration of further reports as directed and also for hearing on 22.02.2022, while O.A No.186 of 2020 is posted to 28.03.2022 for filing final report of remediation process and its stage.
16. The Registry is directed to communicate this order to the members of the Joint Committee and also to the official respondents in both the cases by e-mail immediately for their information and compliance of directions.
17. Post the O.A. No.131/2020 for consideration of further reports and also for hearing on 22.02.2022 and post the O.A. No.186/2020 for filing final report of remediation process on 28.03.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.131/2020 (SZ) & O.A. No.186/2020 (SZ), 27th January, 2022. Mn.
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