National Green Tribunal
Captain Satyender Kumar Singh vs State Of Rajasthan Through The ... on 25 April, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 80/2021(CZ)
(With report dated 03.01.2022)
Captain Satyender Kumar Singh Applicant
Versus
State of Rajasthan & Ors. Respondent(s)
Date of hearing: 25.04.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Purvi Mathur, Advocate
Respondent(s): Mr. Rohit Sharma, Advocate for RSPCB
Mr. Akshay for Mr. Sandeep Singh, Advocate for R - 2
ORDER
[
1. Grievance in this application is against violation of the mandate of the Water (Prevention and Control of Pollution) Act, 1974 by discharge of untreated sewage river Bandi, to the detriment of environment and public health. According to the Applicant, STP set up and operated by Jaipur Development Authority (JDA) at Gajadharpura, Kalwar Road, Jaipur, for treatment of sewage in the nearby area is not functioning properly and untreated sewage is discharged in the river.
2. Vide order dated 29.10.2021, the Tribunal issued notice to the Respondents, including JDA and the State PCB and also constituted a 1 joint Committee comprising CPCB and State PCB to furnish a factual and action taken report in the matter.
3. The joint Committee gave its report dated 03.01.2022, after visiting the site and found deficiencies in functioning of STP. The Committee found that the waste water was being discharged into river Bandi and the same was getting accumulated in the river bed. The STP was not meeting the prescribed norms of BOD, COD, TSS & Fecal Coliform. For 135 days of non-compliance, compensation on 'Polluter Pays' principle was assessed at the rate of Rs. 25,000/- per day and JDA has also been asked to take remedial measures. Relevant extracts from the report are reproduced below:-
"The committee visited the Activated Sludge Process based 30 MLD STP plant of Jaipur Development Authority established at village Gajadharpura, Kalwar, Jaipur and collected the samples from inlet, outlet, final discharge point and water flowing in river Bandi (the final discharge point of treated sewage). To ascertain the effect on the ground water due to the discharge of untreated sewage, the trend of the water quality obtained at identified monitoring station near River Bandi under National Water Quality Monitoring Program (NWMP) was considered.
1.0 About Sewage Treatment Plant:
The Activated Sludge Process based 30 MLD STP plant was established by Jaipur Development Authority (JDA) and commissioned in year 2013 to cater the area viz. North-West area of Jaipur city (Outer area of Ajmer- Jaipur-Delhi 200 feet C-Zone by-pass, Neendad mod Sikar Road to Loha Mandi Area to Benad Road to Niwaru Road to Kalwar Road upto Gajadharpura). The Geographical location of the STP is 26.985341°, 75.617679°. The Consent to Operate (CTO) was granted on 26.6.2020 from RSPCB for 30 MLD STP & 500KVA DG Set is valid upto 29.2.2024 and 31.5.2025 respectively. Copy of the CTO is enclosed as Annexure-
I. Earlier the plant operation was looked after by M/s M S Khurana Engineering Ltd, Ahmedabad. Presently from October 2018, the O&M is being looked after by M/s Ansu Engineering. The STP comprised following unit operations viz. raw sewage sump, mechanical screening, grit chamber, parshall flume, primary clarifier (02 nos x 2145 m3), aeration tanks (2 nos. x 3865 m3) with diffused aerators (02 nos), secondary clarifiers (02 nos x 2557 m3), Sludge thickener (1 no. x 4380 m3), Sludge digester (2 nos. x 2550 m3), gas holders. Chlorine Contact 2 Tank (CCT). The details of the unit operations are enclosed as Annexure- II.
The domestic wastewater treated through biological process and after chlorination is being discharged into the non-perennial river Bandi through 1 kms long closed conduit (RCC-HUME) pipeline from the STP outlet to final discharge points near Government Primary School, Kalbeliyon ki Dhani, Kalwar. As informed by JDA officials, the treated wastewater discharge in Bandi river by making/constructing earthen channel to provide treated water to farmers of the nearby villagers for farming. 2.0 Committee observations 2.1 Observation regarding STP:
i. On the day of visit (8.12.2021), the STP was operational with an average flow of 25MLD. The details of the month-wise average flow is as tabulated below:
S.No. Month Duration Average inlet
flow (in MLD)
1 April, 2021 27.03.2021-26.04.2021 23.42
2 May, 2021 27.04.2021-26.05.2021 23.91
3 June, 2021 27.05.2021-26.06.2021 24.26
4 July, 2021 27.06.2021-26.07.2021 24.44
5 Aug, 2021 27.07.2021-26.08.2021 24.45
6 Sept, 2021 27.08.2021-26.09.2021 26.05
7 Oct, 2021 27.09.2021-26.10.2021 25.26
8 Nov, 2021 27.10.2021-26.11.2021 25.12
9 Dec, 2021 27.11.2021-07.12.2021 24.95
ii. White color froth/foaming was observed at the point of discharge
of treated wastewater.
iii. The log books of inlet flow, quality of raw sewage and treated sewage, pump operation and electricity consumption are recorded. The copy of the logbook is enclosed as Annexure-III. It is pertinent to mention that the electricity consumption during 27.11.2021 to 7.12.2021 varied from 1488KWH to 1790KWH;
this reveals that few unit operations were not being operated during this period that may have resulted in poor treatment performance.
iv. Two by-pass lines exist as safety measure during shut down or unforeseen emergency. It is noteworthy that no metering arrangements have been provided at these by-pass lines. Thus possibility of direct passing of raw sewage into disposal conduit can't be ruled out.
v. STP has not provided online continuous effluent monitoring system (OCEMS) for measurement of quality of treated waste water. An administrative & financial approval order dated 22.11.2021 issued by JDA for supply, installation & 3 maintenance of OCEMS for STP and NIT was issued on 3.12.2021 with last date of bid submission i.e. 27.12.2021. Copy of the administrative & financial order is enclosed as Annexure- IV.
vi. The methane bio-gas holder was found un-lifted, that reveals that no gas is being produced since long, in this regard unit needs to trace for any leakages in bio-gas holder pipeline. It was also observed that the thickened sludge after filter press is being dumping in open land inside the premises without recovering the bio-gas. The sludge drying bed/area is also not defined. vii. The aeration tank, Sludge Volume Index (SVI) was observed as more than 250; that reveal the poor treatability and lift-over of the sludge to Secondary Settling Tank.
2.2 Observation regarding the discharge of wastewater:
i. The domestic wastewater treated through biological process and after chlorination is being discharged into the non-perennial river Bandi through 01 kms long closed conduit (RCC-HUME) pipeline from the STP outlet to final discharge points near Government Primary School, Kalbeliyon ki Dhani, Kalwar. As informed by JDA officials, the treated wastewater discharge in Bandi river by making/constructing earthen channel to provide treated water to farmers of the nearby villagers for farming.
ii. Jaipur Development Authority (JDA) has issued work orders for construction of temporary earthen channel for disposal of treated sewage water. The details are as tabulated below:
S. Date of Work Work order Construction of Amount of No. Order issued to Channel from Order 1 27.7.2020 M/s. Shiv STP to village Samota 5,91,983/-
Pachar Construction 2 10.12.2020 Co. Village Pachar 2,78,807/-
to village Lalpura 3 22.01.2021 Villag Lalpura 3,47,271/-
to Downward for safe disposal 4 24.03.2021 M/s. Muskan Maintenance of 3,13,359/-
Construction existing
channel and
Construction of
new channel at
Bassi Naga
village to
downward for
safe disposal
4
The copy of the work orders are enclosed as Annexure-V. 2.2.1 Pictorial (Satellite-image) proof of channeling and stagnation of the wastewater:
The satellite image (Feb, 2019), revealed that there was stagnation of the domestic wastewater near the discharge point and there is no channel to stop stagnation.
The satellite image (Feb 2021), revealed that a channel was constructed parallel to river length, however still the stagnation of wastewater is visible near the discharge points, this may be due to damaged channel at few points.
The satellite image (Oct, 2021), revealed that the channel is damaged near the discharging point and the wastewater started accumulating in about 5Ha area of the river bed.
3.0 Analysis report 3.1. Analysis report of STP & river Bandi:
To assess the quality of treatment, samples were collected on 8.12.2021 from Inlet, Outlet, and final/terminal discharge point of STP. Sample was collected from bridge near Balaji Dham (Kalwar police station) to ascertain the quality of flowing water in river Bandi.
The analysis report is as tabulated below:
S. Sampling GPS Parameters
No Location Location (All are mg/l except pH)
Fecal
pH BOD COD TSS Coliform
(MPN/100ml)
1 Inlet of STP 26.984131°, 7.20 280 673 594 >2400
75.618578°
2 Outlet of 26.985155°, 7.71 24 92 46 150
STP 75.617329°
3 Final / 26.987337°, 7.65 64 192 84 240
Terminal 75.608677°
Point near
Govt.
Primary
School at
Kalbeliyon
ki Dhani,
Kalwar
4 Bridge 26.981679°, 7.28 220 477 504 460
near Balaji 75.603169°
Dham
(Kalwar
Police
Station)
Prescribed - 5.5- 10 50 20 Desirable:
standards (As 9.0 100
per NGT order Permissible:
dt. 30.04.2019 230
in O.A.
1069/2018
5
The analysis results revealed that the STP was not meeting the prescribed discharge standards for BOD, COD, TSS & Fecal Coliform. This is resulted due to improper sludge volume index in aeration tank and the inadequate chlorine dosing.
The values of BOD, COD, TSS & Fecal Coliform was observed significantly high at the bridge near Balaji Dham (Kalwar Police Station) which is about 800mt distant from the final/terminal discharge point. The higher values may be due to discharge of untreated sewage and due to accumulation of partially treated domestic wastewater.
3.2 Analysis report of Ground water To assess the ground water quality in the nearby area, sampling was done from tubewell near to Kalwar police station (GPS location 26.981779°, 75.603414°).
There is one tubewell near to STP which has already been identified under National Water Quality Program by Central Pollution Control Board (CPCB) and half-yearly monitoring is carried out by Rajasthan State Pollution Control Board (RSPCB). The analysis date from 2019 to 2021 of this location was also studied for any significant change in the ground water quality due to discharge of STP treated wastewater. The analysis report is as tabulated below:
Parameter Sampling Locations Drinking NWMP location (Station code-4165) Tubewell water Borewell near STP at Gajadharpura, near to Standard Jaipur Kalwar IS police station 10500:2 (GPS Location: 26.983714,75.608426) (GPS location 0 26.981854° 12 75.602437°) 24th 16th 11th 7th 8th 8th Dec, April, Oct, June, Oct, April, 2021 2019 2019 2020 2020 2021 pH 7.71 7.6 7.73 8.24 7.64 7.84 6.5-8.5 Temperatur 27 27 33 33 30 - -
e Total 196 180 188 200 176 424 600 Alkalinity C.O.D. 10.01 6.6 20.00 4.00 11.89 4.5 -
Calcium as 35.2 38.4 41.6 46.4 54.4 16 200 Ca Chloride 144 128 156 112 164 108 1000 Conductivity 1070 1040 900 1110 1170 1047 - Fecal 4 <3 3 9 14 <3 - Coliform Fluoride As 0.98 0.96 0.82 0.4 0.68 0.565 1.5 F Magnesium 24.4 26.352 34.16 44.896 47.824 16 100 Nitrate as N 2.1 2.2 1.34 2.28 3.04 2.9 - Nitrite as N 0.0044 0.0052 0.0044 0.0004 0.0052 - - Boron 0.23 0.26 0.31 0.46 0.36 - 1.0 Phosphate 0.1 0.2 0.1 0.1 0.2 - - Potassium 2.5 3.1 6.9 2.2 7.7 2.2 - Sodium 72 68 104 114 126 2 - 6 Sulphate 175 145 94 68 92 33 400 Total 4 7 7 14 28 04 - Coliform TDS 832 758 738 818 878 760 2000 T. hardness 188 204 244 300 332 104 600 Iron as Fe 0.527 NT 0.033 0.175 NT 1.77 0.3 Cadmium NT NT NT NT NT NT 0.003 Copper NT NT NT NT NT NT 1.5 Lead NT NT NT NT NT NT 0.01 Zinc 0.146 0.022 0.197 0.051 0.298 0.530 15
Note: All parameter accept pH, Temp (oC), Conductivity (µmho/cm), Coliform (MPN/100ml) are in mg/l.
The ground water quality at NWMP location and borewell near Kalwar Police Station showed that the values are well below the prescribed drinking water standards (IS 10500:2012). However, non-significant incremental in values of Total & Feacal coliform may be studied in light of any mixing of domestic wastewater in groundwater. Copy of the analysis reports are enclosed as Annexure-VI. 4.0 Environmental compensation The 30 MLD STP catering the need of North-West area of Jaipur city (Outer area of Ajmer-Jaipur-Delhi 200 feet C-Zone by-pass, Neendad mod Sikar Road to Loha Mandi Area to Benad Road to Niwaru Road to Kalwar Road upto Gajadharpura), currently operating on the average flow of 25MLD.
The partially treated wastewater is being discharged in non-perennial River Bandi, that resulted in accumulation of wastewater majorly in the 5Ha near the near the discharge point. This resulted in higher values of BOD, COD, TSS and Fecal Coliform. The settled sludge in cess pool create odorous environment in the local vicinity. Jaipur Development Authority (JDA) has awarded work order during July 2020 to March 2021 for the construction of earthen drain and its maintenance; this partially reduced the stagnation of the partially treated wastewater but due to damage in earthen drain the issue of stagnation again raised. The Environmental Compensation (EC) on the Authority for failing to achieve the discharge standards has 02 components:
i. Cost saved/benefits achieved by the concerned individual/authority by not having proper sewage management system; and ii. Cost to the environment (environmental externality) due to untreated/partially treated waste/sewage because of insufficient capacity of sewage management/treatment facility Non-compliance period:
Earlier, Rajasthan State Pollution Control Board (RSPCB) has reported noncompliance w.r.t. discharge standards vide its inspection dated 27.7.2021. (Copy of the report is enclosed as Annexure-VII). The similar 7 status of noncompliance was recorded by the NGT committee during its visit dated 8.12.2021.
The committee is in the opinion to impose the environmental compensation (EC) on the Jaipur Development Authority (JDA) for the period of noncompliance i.e. 27.7.2021 to 8.12.2021. (Note: This EC can be imposed for further non-compliance periods too) Total days of non-compliance (27.7.2021 to 8.12.2021): 135 days The Environmental Compensation assessment was based on the following formula:
Environmental Compensation (EC) = PI X N X R X S X LF Where, PI= Pollution Index N= Number of Days of non-compliance took place R= A factor in Rupees for EC S= Factor for scale of operation LF= Location Factor 1 Pollution Index (PI) 80 (STP was granted consent to Operate under Red category) 2 Number of Days of non-compliance 135 (27.7.2021 to 8.12.2021) 3 A factor in Rupees for EC (in Rupees) 250 4 Factor for scale of operation 1.0 5 Location Factor (Jaipur city population is between 1 to <5 1.25 million) EC (per day) = (80 X 250 X 1.0 X 1.25) Rs. 25000/-
EC for non-compliance period of 135 days Rs. 33,75,000/- 5.0 Action taken 5.1 For upgradation of the STP by Jaipur Development Authority & RSPCB As the present ASP technology based 30MLD STP designed to achieve BOD as 20mg/l, COD as 250mg/l, TSS as 50mg/l and pH 6-8; however to achieve the new prescribed standards of pH 5.5-9, BOD 10mg/l, COD 50mg/l, TSS 20mg/l and fecal coliform 100MPN/100ml upgradation of the STP is needed. Following actions are taken by JDA:
i. Administration & financial approval of Rs. 56,32,440/- issued on 1.12.2021 for "Consultancy work for preparation of DPR for the upgradation of 30MLD STP". Copy of the same is enclosed as Annexure-VIII.8
ii. For uninterrupted operation of STP a 500KVA DG set was installed and CTO obtained from RSPCB with a validity upto 31.5.2025. Copy of the CTO is enclosed as Annexure-I. iii. An administrative & financial approval order dated 22.11.2021 issued by JDA for supply, installation & maintenance of OCEMS for STP and NIT was issued on 3.12.2021 with last date of bid submission i.e. 27.12.2021. Copy of the administrative & financial order is enclosed as Annexure-IV.
iv. RSPCB has communicated the outcome of field visit (27.7.2021) vide letter dated 21.9.2021 and directed to comply the shortcoming w.r.t. upgradation of STP, OCEMS, reuse of the treated wastewater etc. Copy of the letter is enclosed as Annexure-IX. 5.2 Action taken for channeling the treated wastewater by JDA i. Jaipur Development Authority (JDA) has issued work orders for construction of temporary earthen channel for disposal of treated sewage water. The details are as tabulated below:
S. Date of Work Work order Construction of Amount of No. Order issued to Channel from Order 1 27.7.2020 M/s. Shiv Samota STP to village 5,91,983/-
Construction Pachar
2 10.12.2020 Co. Village Pachar 2,78,807/-
to village
Lalpura
3 22.01.2021 Villag Lalpura 3,47,271/-
to Downward
for safe
disposal
4 24.03.2021 M/s. Muskan Maintenance of 3,13,359/-
Construction existing
channel and
construction of
new channel at
Bassi Naga
village to
downward for
safe disposal
The copy of the work orders are enclosed as Annexure-V. ii. During the filed visit of the committee, JDA officials were instructed to immediately start the repair work of the damaged earthen drain to stop accumulation of the partially treated wastewater. JDA has started the repairing work and the field photographs (14.12.2021) are as below:
6.0 Recommendations 9
1. Jaipur Development Authority (JDA) to deposit the environmental compensation of Rs. 33,75,000/- (Thirty Three Lacs Seventy Five Thousand rupees) for reported non- compliance of 135 days. The imposition of EC with the rate of Rs. 25000/- may be applicable on daily basis till the compliance of prescribed norms achieved.
2. Jaipur Development Authority (JDA) shall submit its action plan of upgradation and reuse of treated sewage.
3. Jaipur Development Authority (JDA) shall repair the earthen channel to avoid any stagnancy.
4. Jaipur Development Authority (JDA) shall repair the biogas pipeline and start the operation of sludge digester with gainful utilization of bio-gas produced rather flaring as an option.
5. Jaipur Development Authority (JDA) shall update its logbooks of electricity consumption, biogas generation; install flow meter on by- pass drain etc. Also maintain logbook of sludge generation and sale record of dried sludge. JDA also construct sludge drying bed (SDB) at identified site.
6. Jaipur Development Authority (JDA) shall ensure that during upgradation of STP on new technology, the existing STP plant also be operational till its commissioning.
7. Jaipur Development Authority (JDA) may be directed to expedite the upgradation of the STP to achieve the prescribed standards.
8. Public Health Engineering Department (PHED) and Ground Water Department may investigate the borewells falling within 100m of Bandi river's bank (Both Sides) from the discharge point specifically for Fecal Coliform & Nitrate."
4. The report was considered vide order dated 28.01.2022 and JDA and State PCB were directed to take remedial action and ensure that untreated sewage is not discharged into any waterbody in violation of law. It was also directed that environmental compensation be recovered for entire period of violation.
5. Reply has also been filed by the JDA, State PCB and the Contractor to whom the work of maintenance of STP is granted by JDA. The stand of JDA is that various industrial units are discharging effluents in the sewer line which results in inadequacy of functioning of STP. Stone crushing units are also functioning in the area illegally which requires the State 10 PCB to take action against the erring industries and the operators of stone crushers. The damaged water channels have since been repaired as a result of which some improvement has taken. STP is to be upgraded by 2024.
6. The stand of the State PCB is that there are deficiencies in functioning of STP operated by JDA as found during inspection and conveyed to JDA vide letter dated 21.09.2021. The stand of the Contractor appointed by JDA is that there is no omission on its part and the Contractor is not a necessary party to the application.
7. We have considered the rival submission. The issue for consideration is the liability for violation of environmental norms on account of discharge of untreated sewage in the river as found by the joint Committee of CPCB and State PCB. The said report of the Committee has not been challenged. We accept the same in view of constitution of the Committee which has verified facts on the spot. The report shows deficiencies in functioning of STP resulting in discharge of untreated sewage in the river to the detriment of public health and environment, which is an offence under the law. The non - compliances include two By- passes without being permitted in CTO, disposal of effluents into river Pali instead of there being atleast a ferti-irrigation plan, improper management of sludge, poor recovery of biogas, damaged conveyance system for carriage of effluents which is leading to inundation and further disposal of untreated effluents into final conduit (channel) showing BOD reaching to 220 mg/l. It appears that dosing of chlorine for disinfection of effluent with higher BOD level may result in formation of organo halogens like tri halo methane which are carcinogenic in nature. Instead of utilising effluents for industrial purpose, industries are reportedly allowed to discharge into sewers, irrespective of nature of effluents. The JDA acknowledges the 11 violation by taking the plea that the STP will be upgraded in 2024. Its stand that there is discharge of effluents or other waste by industries and stone crushers may be looked into by the statutory regulators and action taken as per law but JDA has to be held accountable for continuing violations, apart from being required to remedy the violations at the earliest and not leisurely as proposed by it.
8. Accordingly, JDA as a responsible public body, must take emergency measures to ensure remedial action in a time bound manner. Till compliance, the compensation assessed has to be adequate to cover the cost of restitution and also deterrent and not on any formula which does not take into account these essential components. Let the joint Committee work out and recover such compensation within one month. The same be credited to a separate account to be used for restoration, by preparing an action plan. Pending further action, we direct JDA to deposit a sum of Rs. 2 Crores towards interim compensation with the District Magistrate, Jaipur. The same be used for restoration by preparing an action plan by CPCB and State PCB in coordination with the JDA, to be executed through an appropriate agency which may be determined by CPCB, State PCB and District Magistrate, in coordination with the JDA. Pending restoration of the work, immediate interim measures may be taken to ensure that no untreated sewage or waste water is discharged in a water body or in open in violation of law. The restoration plan may also include measures to utilize the treated water for non-potable purposes, including for industrial purposes, gardening or railway washing. The immediate restoration measures may include preventing untreated sewage being let off near the school, as found earlier. Action plan should include maintenance of conveyance system for utilisation of treated water (compliant with norms), defining command area and users for irrigating the fields with well laid out 12 protocols to prevent damage to the ground water, maintenance of sludge and biogas recovery, preventing formation of THMs ( backed up analytical data) and working out sewage utilisation plan for industrial and other bulk consumers in coordination with SPCB, CPCB, RIICO, Industries Department, and others. This plan should also be made applicable to other operating STPs in Jaipur and other parts in the State.
The Committee may file its report within four months with the Registrar General of this Tribunal by e-mail preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If any further direction is found necessary, the R.G. may place the matter before the Bench.
Subject to above, the application is disposed of. A copy of this order be forwarded to CPCB, State PCB, District Magistrate, Jaipur and JDA by e-mail for compliance.
Adarsh Kumar Goel, CP S.K. Singh, JM Sudhir Agarwal, JM Dr. Arun Kumar Verma, EM Prof. A. Senthil Vel, EM April 25, 2022 Original Application No. 80/2021(CZ) SN 13