National Green Tribunal
R.Dinesh S/O M.S.Ramasamy vs The Gopichettipalayam Municipality, ... on 30 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 99 of 2017 (SZ)
(Through Vide Conference)
IN THE MATTER OF:
R. Dinesh S/o. M.S. Ramasamy,
Gobichettipalayam, Erode District. ... Applicant(s)
Versus
Gopichettipalayam Municipality
Rep. by its Commissioner,
Gopichettipalayam,
Erode District & Ors. ...Respondent(s)
Date of hearing: 30.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Sri. Kamalesh Kannan for R1, R2.
Sri. C. Kasirajan through
M/s. Meena for R3.
ORDER
1. As per order dated 27.01.2020, this Tribunal had constituted a committee to ascertain the present status of the dump yard and [1] implementation of the Solid Waste Management Rules, 2016 in Gopichettipalayam Municipality and posted the case to 04.05.2020 for consideration of report and thereafter, the matter was taken up on 03.06.2020 and on that day, we have considered the submissions made by the learned counsel appearing for the 1st respondent and thereafter, posted the case to 04.09.2020 for submission of the report and progress of the disposal of the legacy waste in the dump yard and on 04.09.2020, it was adjourned to today by notification.
2. When the matter came up for hearing today through Video Conference, there is no representation for the applicant. Sri. Kamalesh Kannan represented respondents 1 & 2, Sri. C. Kasirajan through M/s. Meena represented 3rd respondent.
3. We have received an interim report submitted by the committee which reads as follows:-
"Interim Report of the Joint Committee Constituted by the Hon'ble NGT (SZ) in O.A.No. 99 of 2017 filed by Mr. R. Dinesh regarding the dumping of Municipal solid Waste by the Gopichettipalayam Municipality, Erode District, Tamilnadu.
1) Brief introduction about Gobichettipalayam Municipality MSW Disposal and O A No. 99/2017 filed in Hon'ble NGT (SZ):
Gobichettipalayam Municipality is a Selection Grade Municipality in Erode District, Tamilnadu with an extent of 7.5 Sq. Km and has total population of 59523 as per census 2011. The current population of 63472 is distributed in 30 Wards. At [2] present, total quantity of solid waste generated from the Municipality is 22 T/day.
The Commissioner, Gobichettipalayam Municipality has obtained Authorization vide Proc. No. JCEE/SLM/TNPCB/ SWM/F.07/PND/2019 Dated: 12/04/2019 for processing, recycling, treatment and disposal of municipal solid wastes of 22 MT/day under the Solid Waste Management Rules, 2016 for the period upto 31.03.2020 for carrying out processing/ recycling /treatment/disposal facility for the municipal solid waste generated at the following locations:
(i) Micro Composting Centre at Ramar Extension, T. S. No. 1, 4, Ward B, Block 15 (Old S.F. No. 15 B, 16 A pt, 16 B pt), Gobichettipalayam - 4 MT
(ii) Micro Composting Centre at Nayakankadu, T. S. No. 7, Ward D, Block 4 (Old S. F. No. 185 pt), Gobichettipalayam - 3 MT
(iii) Bio Methanation Plant at Nayakankadu, T. S. No. 2, Ward D Block 5 (Old S. F. No. 180 pt), Gobichettipalayam - 2 MT In the past, the Gobichettipalayam Municipality has dumped the solid waste collected from the municipal area in Karattur Compost Yard located at T. S. No. 2 & 7, Ward D, Block 4 & 5 Gobichettipalayam in an extent of 1.94 Acres. Later, the Gobichettipalayam Municipality has engaged M/s. Aicon Surveys Private Limited, Puducherry in March 2015 to find the quantity of legacy waste dumped at the Karattur compost yard.The volume of legacy waste at the dump yard was found to be 40,000 m3.In the Karattur Compost Yard apart from the dumped legacy waste, One Micro Composting Centre (MCC) - 3 T Capacity and One Biomethanation Plant - 2 T Capacity is located within the premises.
Subsequently, the Gobichettipalayam Municipality has entrusted the work of Reclamation of existing dump site located at Karattur Compost Yard to M/s. Sri Sivaraman& Co, Gobichettipalayam vide letter ROC No. 3395/2015/E1 Dated:
30.10.2018 for the removal of the legacy waste of 40000 [3] m3through bio-mining process on Design, Build, Own and Operate (DBOO) basis at the cost of Rs. 2,67,80,000/- (at the rate of Rs. 639 per m3).
M/s. Sri Sivaram & Co., Gobichettipalayam has made MoU with M/s. Ultra Tech Cement Limited, Ariyalur to utilize plastic waste recovered from bio-mining process for Co- incineration purposes and has made MoU with M/s. Iniya Traders, Erode for disposal of Glass fraction for recycling purposes.
The Gobichettipalayam Municipality has also engaged the Centre for Environmental Studies (CES), Anna University, Chennai as Project Management Consultant to assess the work by periodic site visits, volume measurements, observations at the site and review of records.A team from Centre for Environmental Studies (CES), Anna University visited the site to assess the progress of Biomining operations on 26 July 2019, 24 August 2019 and 30 October 2019. As per the Progress Report furnished by the team, the cumulative volume of legacy waste processed through Biomining is around 1337 m3 as on November 2019.
In the mean time, an Application was filed by the Applicant, Mr. R. Dinesh, S/o. M. S. Ramasamy, residing at No. 6, Parvathy Nagar, Pudupalayam, GobichettipalayamTaluk, Erode District, Tamil Nadu before the Hon'ble NGT (SZ) vide O.A. No. 99 of 2017 stating that the dumping of Municipal Solid Waste by the Gobichettipalayam Municipality of Erode District was carried out at the adjacent site ofT. S. No. 2, Block 5, Ward D of Gobichettipalayam Municipality, Erode District without obtaining mandatory Environmental Clearance under the EIA Notification, 2006, Authorization under the Municipal Solid Waste (Management and Handling) Rules, 2000 and without Consent to establish under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 from the Tamil Nadu Pollution Control Board.
[4]The applicant has also stated that this illegal dumping of waste resulted in complete contamination of Ground water in the said area and also prayed before the Hon'ble NGT (SZ)
a) To cease the dumping of waste at the site,T.S.No. 2, Block 5, Ward D of Gobichettipalayam Municipality, Erode district
b) To remediate the said site, restore it to its previous pristine state including remediation of ground water and soil.
c) To Direct the 3red Respondent, District Environmental Engineer, TNPCB, Perundurai to initiate prosecution under the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution)Act, 1974 and the Air (Prevention and Control of Pollution)Act, 1981 for violations committed by them.
2) Directions of the Hon'ble NGT(SZ) on 19.12.2019 and its compliance
a) Directions issued to the TNPCB:
The Hon'ble NGT (SZ), Chennai in its order Dated:
19.12.2019 in O. A. No. 99 of 2017 has directed the Tamil Nadu State Pollution Control Board to inspect the area in question to ascertain the extent of legacy waste still present in that area untreated and damage if any caused to environment on account of dumping of waste in that area due to leachate generated and percolation of the same to the soil and also assess the environmental compensation if any to be recovered and submit a report.
b) Directions issued to the Gobichettipalayam Municipality:
The Hon'ble NGT (SZ), Chennai in its order Dated:
19.12.2019 in O. A. No. 99 of 2017 has also directed the Gobichettipalayam Municipality to submit a detailed statement regarding the action taken by them for disposal of the legacy waste and also the manner in which the waste generated in their municipality is being collected and disposed off and any steps or action plan prepared by them for complying the direction of the Hon'ble NGT in O.A. No. 616/2018 for [5] implementation of the Solid waste Management Rules, 2016 within a period of one month.
c) Compliance of the Directions by the TNPCB:
Accordingly, the site was inspected by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Perundurai on 10.01.2020 and the inspection report was submitted to the Board vide Letter No. DEE/TNPCB/PND/NGT Application No. 99 of 2017/MSW/2019 Dated: 20.01.2020.
d) Compliance of the Directions by the Gobichettipalayam Municipality:
The Gobichettipalayam Municipality has also submitted to the Hon'ble NGT, stating that no fresh waste is dumped in the said dump site and they were taking steps to dispose the same through Micro Compost yard and Bio-Mechanization in the same place. Further, it was stated that they have already taken steps to dispose the legacy waste and have engaged an agency for that purpose by doing Biomining and as per the report of that agency, the work will be completed by 31.08.2020.
3) Directions of the Hon'ble NGT(SZ) on 27.01.2020 and its compliance Later, the Hon'ble NGT (SZ) in its Order Dated:
27.01.2020 in O. A No. 99 of 2017 has directed the first respondent Municipality to submit a progress report of the disposal of the legacy waste periodically and to file such report on 04.05.2020. The Hon'ble NGT (SZ) has also directed the Central Pollution Control Board (CPCB), Regional Office, Ministry of Environment, Forest and Climate Change (MoEF& CC), Chennai and Tamil Nadu State Pollution Control Board (TNSPCB) to jointly take the responsibility of assessing environmental compensation, remedial measures required for improving the water quality in that area and also to take the assistance of any expert agency for this purpose, if desired.
Further, the Hon'ble NGT (SZ) has nominated the TNPCB as the nodal agency for this purpose for coordination and providing necessary logistic support and directed the committee to submit [6] the report before the next hearing scheduled earlier on 04.05.2020.
a) Compliance of the Directions by the TNPCB:
In accordance with the Directions of the Hon'ble NGT (SZ), the Board has constituted the Joint committee, comprising of the following members.
(i) Dr. C. Kaliyaperumal, Director, Ministry of Environment, Forest and Climate Change (MoEF& CC), Regional Office (Chennai).
(ii) Thiru. R. Rajkumar, Scientist, Central Pollution Control Board
(iii) Thiru. R. Mathivanan, Joint Chief Environmental Engineer (M), TNPCB, Salem as Nodal Officer for the Joint Committee.
The terms of reference for the joint committee are as follows
(i) To assess environmental compensation and the remedial measures for improving the water quality in the area which is seen contaminated due to the operation of the dumping ground.
(ii) TNPCB to act as nodal agency for coordination and providing necessary logistic support.
(iii) To submit report within a stipulated period of time as per Hon'ble NGT Orders.
b) Compliance of the Directions by the Gopichettipalayam Municipality:
As directed by the Hon'ble NGT (SZ), the Gopichettipalayam Municipality has submitted report to the Hon'ble NGT (SZ) on 02.06.2020, stating that around 3,600 m3 of Waste has been processed and the remaining work will be completed before November 2020. Further, it was stated by the Municipality that the delay has been caused due to lock down declared on account of COVID-19 Pandemic in the state.
4) Directions of the Hon'ble NGT (SZ) on 03.06.2020:
In the subsequent hearing on 03.06.2020, the Hon'ble NGT in O. A. No. 99 of 2017 has directed the committee to [7] submit the report regarding the progress of the work that is going on and also the compliance as per order dated 27.01.2020 and submit the report within a period of 3 months.
The next hearing is scheduled on 04.09.2020.
5) Meetings of the Joint Committee:
A Preliminary meeting was conducted by the Joint Committee on 18.06.2020. Due to the COVID-19 pandemic situation, the meeting was conducted through video conference in Zoom App facility. After a detailed discussion, it was requested by the Committee Members to have a detailed power point presentation by Gobichettipalayam Municipality about bio mining method, status of work carried out in the site and progress made so far during the next meeting.
Accordingly, in the next meeting conducted on
05.08.2020 through video conference in Zoom App facility, Thiru. R. Thanumoorthy, Commissioner, Gobichettipalayam Municipality has given power point presentation regarding present status of Bio-mining activity carried out for legacy waste at Karattur compost yard Gobichettipalayam Municipality for all the committee members. The committee has discussed in detail about the methods and facilities provided by the Gobichettipalayam Municipality for the collection and management of Municipal Solid Wastes and about the present status of biomining of legacy waste. Further, the committee members have requested the TNPCB officials to identify additional Sample locations around the dumpsite in all the directions and also to analyze the same through the Board's laboratory as well as a NABL accredited laboratory to assess additional parameters such as Phenolic compounds, heavy metals as per Municipal Solid Waste Management Rules, 2016.
a) Action taken by the TNPCB:
Based on the above, 10 additional sample locations were identified by the TNPCB officials around the Karattur Compost Yard, Gobichettipalayam in all the directions and well water samples were collected on 10.08.2020 at the following locations:[8]
Sample Nature of
Sampling Points
Code No. Sample
GM - 1 Mr. Thirunavakarasu, S/o. Ramanandhan, Bore Well
Durai Bore Well Near Karattur Municipal Compost water
Yard, Gobichettipalayam
(SC. No. 302 - 002 - 750)
GM - 2 Municipal Bore Well Karattadipalayam Main Road, Bore Well
KaratturPillayarKovil Street, water
Gobichettipalayam
(SC. No. 302 - 002 - 1088)
GM - 3 Mr. Sreenivasan, Bore Well
M/s. Premier Modular Woodcrafts Co., water
No. 44/76, PillayarKovil Street,
Gobichettipalayam
(SC. No. 302 - 002 - 0049)
GM - 4 Municipal Bore Well Bore Well
SakthiVinayagar Temple, Children's Park, water
TRR Nagar, Gobichettipalayam
(SC. No. 302 - 002 - 518)
GM - 5 Ms. K. R. Sudhandira, W/o. M. Ravichandran, Bore Well
2E, TRR Nagar Main Road, water
Parvathy Nagar, Gobichettipalayam
(SC. No. 302 - 002 - 906)
GM - 6 Emerald House Lodge, Open Well
Erode Main Road, Gobichettipalayam water
(SC. No. 302 - 002 - 122)
GM - 7 Ms. M. Vijayalakshmi, W/o. Murugan, Bore Well
7, PillayarKovil Street, Karattur, water
Gobichettipalayam
(SC. No. 302 - 002 - 208)
GM - 8 Mr. A. Arumugam, Open Well
No. 74, PillayarKovil Street, Karattur, water
Gobichettipalayam
(SC. No. 302 - 002 - 0029)
GM - 9 Mr. Sengottaiyan, (M/s. Raj Motors) Bore Well
No. 1F, Pariyur Main Road, water
Gobichettipalayam
(SC. No. 302 - 002 - 528)
GM - 10 Municipal Bore Well, Bore Well
Erode Main Road, MariammanKovil Street, water
Gobichettipalayam
(SC. No. 302 - 002 - 524)
The collected samples were handed over to the Advanced Environmental Laboratory, Tamilnadu Pollution Control Board, [9] Salem and to NABL Accredited Lab M/s. GLENS Innovation Labs Pvt. Ltd., Chennai for the detailed analysis of open well and bore well samples for the following parameters: pH, TSS, TDS, BOD, COD, Colour, Conductivity, Turbidity, Total Alkalinity, Oil & Grease, Arsenic, Cadmium, Chromium (as Cr6+), Copper, Cyanide, Lead, Mercury, Nickel, Nitrate as NO3, Iron, Total Hardness (as CaCO3), Phenolic Compounds (as C6H5OH), Zinc, Ammonical Nitrogen (as N), Total Kjeldahl Nitrogen (as N) and Sulphate (as SO4).
4) Progress of the Biomining Work:
The ongoing Biomining work involves the following processes.
a) The garbage dumped over these many years is excavated using suitable Mechanical excavators, control of malodour, if any, with sanitizing inoculums, stabilizing the biodegradable wastes by insitu windrow composting,
b) The excavated solid waste is transported to the biomining processing facility located adjacent to the Compost Yard.
c) Mechanical screens are used to sieve the excavated and processed materials into recoverable fractions such as recyclables (metal and glass), fine fraction (soil/compost), incinerable fractions (such as plastics, textile, tyre, rubber etc), inerts (stone, bricks, construction debris) and hazardous wastes (batteries, containers of toxic materials, tube lights etc).
d) 3 units of 4 mm trommel separate the fine fractions, inertsand RDF fraction. The fractions >4mm is manually segregated into RDF, Coarse Soil and clothes. The bio earth and other recovered items are stored in separate place for further disposal.[10]
e) The incinerables are used as refuse derived fuel in waste to energy plant or cement plant. The coarse inert fraction are disposed by filling of low lying areas, road embankment etc. RDF is disposed to M/s. Ultra Tech Cement Limited, Ariyalur and M/s. Dalmia Cements, Ariyalur to utilize it for Co-
processing. Other fractions such as Glass, Hard plastics, Chappals and Tyre fraction is disposed to local vendors viz. M/s. Shakthi Plastics, M/s. Iniya traders, Erode to utilize it for recycling purpose.
The progress report furnished by the Centre of Environmental Studies, Department of Civil Engineering, Anna University in July 2020 has revealed that around 6556 tons of legacy waste have been screened and disposed. Further, it was reported that some quantity of RDF is stacked at the site and yet to be dispatched.
The Centre of Environmental Studies, Department of Civil Engineering, Anna University, Chennai in its Progress Report prepared in July 2020 has recommended to implement the following
1) Ambient Air Quality Survey should be conducted at site during the operations and the results of the same should be submitted at the earliest as in the given format.
2) Aerial Photographs of the site should be taken periodically until the completion of the project and the same shall be submitted during each claim.
3) The Bioearth recovered should be tested for heavy metals (Mercury, Arsenic, Chromium, Copper, Nickel, Zinc, Lead and 15 Cadmium) to ensure its compliance to be used as compost as per SWM Rules, 2016 and the results of the same should be submitted before next claim. It is recommended that Bioearth shall not be disposed to farmers unless the test results indicate that it meets the compost standard.
[11]The detailed Progress Report furnished by the Centre for Environmental Studies, Department of Civil Engineering, Anna University, Chennai is submitted vide Annexure - I
5) Consolidated Report of Analysis of Ground Water samples:
Ground Water Samples were collected by the TNPCB officials during July 2019, October 2019, January 2020, May 2020 and June 2020 from the Bore wells located in and around the Karattur Compost Yard, Gobichettipalayam at the following locations. The consolidated RoA and TDS of the water samples is submitted as below.
Sl. Sample Locations July Oct Jan 2020 May June
No. 2019 2019 TDS 2020 2020
TDS TDS (mg/lt) TDS TDS
(mg/lt) (mg/lt) (mg/lt) (mg/lt)
1. Bore Well at MSW
2502 --- --- --- ---
Compost Yard
2. Durai Bore Well near
1652 1432 1320 1652 1508
MSW Entrance
3. Srinivasan Bore Well,
Karattadipalayam, 2516 1520 1508 --- 1768
Gobichettipalayam
4. Municipal Bore Well,
Karattadipalayam
--- 1052 952 1156 1032
Road,
Gobichettipalayam
5. Children Park, TRR
Nagar, Backside of --- --- 1064 1660 1724
MSW Compost Yard
The Report of Analysis of the samples reveals that TDS values of the samples collected during June 2020 ranges from 1032 mg/lt to 1508 mg/l. The ROA of Bore Well Water Samples is enclosed vide Annexure II.
Further, the Joint Committee in its meeting conducted through video conference on 05.08.2020 has decided to collect more Ground Water Samples around the said dump site of Gobichettipalayam Municipality in all the directions and to [12] analyze the same through a NABL Accredited third party laboratory. Accordingly, the additional Ground water samples were collected by the TNPCB officials on 10.08.2020 and analyzed through the NABL Accredited third party Laboratory, M/s. Glens Innovation Labs Pvt Ltd, Arumbakkam, Chennai. The Report of Analysis for the above samples analyzed through the said lab is submitted vide Annexure III. By comparing the above results with the specifications for Desirable limit (mg/l)) as per the Drinking Water quality (IS 10500:2012, Edition 2.2(2003-09) standards as mentioned in the Solid Waste Management Rules, 2016, the Report of Analysis reveals the following.
Sample Parameters exceeding the Desirable limits Location / Parameters within the Sample Desirable limits Exceeding Value Desirable limit Code No. Parameter (mg/l) (mg/l) GM - 1 pH, Arsenic, Cadmium, TDS Chromium (as Cr6+), 1424 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Total Hardness 459 300 Compound, Zinc and Sulphate GM - 2 pH, Arsenic, Cadmium, Chromium (as Cr6+), TDS 1050 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc and Total Hardness 479 300 Sulphate GM - 3 pH, Arsenic, Cadmium, Chromium (as Cr6+), TDS 1840 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc and Total Hardness 714 300 Sulphate GM - 4 pH, Arsenic, Cadmium, Chromium (as Cr6+), TDS 1580 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Total Hardness 418 300 [13] Compound, Zinc and Sulphate GM - 5 pH, Arsenic, Cadmium, Chromium (as Cr6+), TDS 1246 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Total Hardness 347 300 Compound, Zinc and Sulphate GM - 6 pH, Arsenic, Cadmium, Chromium (as Cr6+), TDS 1130 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc and Total Hardness 449 300 Sulphate GM - 7 pH, Arsenic, Cadmium, Chromium (as Cr6+), TDS 1428 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc and Total Hardness 653 300 Sulphate GM - 8 pH, Arsenic, Cadmium, Chromium (as Cr6+), TDS 1950 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc and Total Hardness 694 300 Sulphate pH, Arsenic, Cadmium, GM - 9 Chromium (as Cr6+), TDS 1716 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc and Total Hardness 571 300 Sulphate pH, Arsenic, Cadmium, GM - 10 Chromium (as Cr6+), TDS 795 500 Copper, Cyanite, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Total Hardness 530 300 Compound, Zinc and Sulphate [14] From the above, it was observed that
a) pH level and Sulphate are within the desirable range at all the sample locations.
b) Level of Arsenic, Cadmium, Chromium (as Cr6+), Copper, Cyanide, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc are Below Detectable Limit / Below Limit of Quantification, i.e., within the desirable limits in all the 10 sample locations.
c) However, the TDS and Total Hardness exceed the desirable limits at all the sample locations.
Conclusion and Recommendations:
Based on the site visits and analysis of records, it is observed that 6556 m3 (2099 m3 of coarse soil + 3553 m3 of fine soil + 570 m3 of RDF + 151 m3 of Hard plastics + 63 m3 of glass + 73 m3 of Chappals + 46 m3 of Tyre) of legacy wastes is screened and disposed from Gobichettipalayam Biomining facility. This is about 16.39 % of waste cleared from the total volume 40000 m3 to be cleared.
Further, the Commissioner, Gobichettipalayam Municipality vide letter No. R. C. No. 1325/2017/H1, dt. 15.07.2020 has stated that around 6556 m3 of legacy waste has been processed and around 3944 m3 of legacy waste has been excavated but to be processed. Further, it was reported that the Biomining of remaining 29,500 m3 of legacy waste will be completed by 30.11.2020.
The consolidated Report of Analysis of the Ground water samples from the NABL Accredited Laboratory, M/s. Glens Glens Innovation Labs Pvt Ltd, Arumbakkam, Chennai reveals that the Ground water samples at locations surrounding the dump site of Gobichettipalayam Municipality is not affected by the contamination of Heavy metals such as Arsenic, Cadmium, Chromium (as Cr6+), Copper, Cyanide, Lead, Mercury, Nickel, Nitrate, Iron as Fe, Phenolic Compound, Zinc.
[15]Further, it is submitted that the Gopichettipalayam Municipality may be directed to analyze the Bioearth soil as wells as compost for the presence of heavy metals to ensure its compliance for being used as compost as per the Solid Waste Management Rules, 2016.
This interim Report is submitted before the Hon'ble NGT for consideration. In view of the COVID-19, the site inspection could not be carried out by the joint committee and it is humbly requested to extend the time limit for the submission of Final Report after field visit."
4. We have also received an additional reply affidavit filed by the 1 st respondent which reads as follows:-
"I, A. THANUMOORTHY, Son of T.ARUMUGACHETTIYAR, Hindu, aged about 51 years working as Municipal Commissioner, of Gobichettipalayam, do hereby solemnly affirm and sincerely state as follows;
1. I respectfully submit that I am serving at present as Municipal Commissioner of Gobichettipalayam, the 2nd Respondent herein and I am well acquainted with the facts of the case from the office record and I am filing this Reply Affidavit on my behalf.
2. It is submitted that the this Respondent had already filed a reply affidavit on July, 2017, the same may be taken as part and parcel of the present affidavit.
3. Gobichettipalayam is a Selection Grade Municipality located at Erode District in Tamil Nadu. It is located at a distance of 37 Km from Erode with an extent of 7.5 sq. km and has a population of 59523 as per Census India 2011.
4. This Respondent submits that a land in Survey No.3, Block 5, Ward D to an extent of 1.89 acres at this Town was utilized as Gobichettipalayam Municipality's Compost Yard. The same was in use for more than 50 years. It is necessary to state that compound wall was constructed to prevent the [16] pollution and trees were also planted to form a green circle around the said area.
5. It is submitted that this Respondent had taken earnest efforts to find other places for constructing new compost yards. Though permissions were obtained to set up, in different locations, the same had ended up in failures due to objections of the nearby villagers of every single location.
6. It is necessary to state that when this Respondent started the dumping of waste in the impugned site, there happened to be no residents or any developments around the place. The said place was used to convert the daily waste generated in the Municipality into manure. After start of plastic use, the actual problem arose and that lead to accumulation of about 40,000 Cu.m of waste.
7. It is submitted that after the the total solid waste generated in this Respondent Municipality is 20 Metric Ton/ Day. It is necessary to state that the generated waste is collected door to door. This Respondent has now opted the most effective steps for the disposal of waste generated in the Municipality and had taken necessary efforts to educate and make awareness to the public for segregation of the waste at the source. Hence the collected waste at the door steps are almost segregated through battery operated vehicle. This Respondent had further setup necessary infrastructures for processing of the same after obtaining authorization from the Tamilnadu Pollution Control Board.
8. It is submitted that out of the 20 MT of waste generated per day, wet waste are to a quantity of 11.7MT. The said waste are taken to the nearest Micro compost centre and Biomethanation plant. It is necessary to state that there are about 2 Micro Compost Centre (Micro Compost Centre) and one Biomethanation plant in this Respondent Municipality. The said 2 micro compost centre and the Biomethanation plant were setup only after obtaining necessary permissions from PCB.[17]
9. It is necessary to state that the Micro composting centre have a maximum handling capacity of 4 and 3 MT/ day, each, located at Ramar Extension and Karattur respectively. It is necessary to state that one Micro compost centre and the Biomethanation plant is located at one portion of the impugned site.
10. It is submitted that with the use of these 2 Micro Compost Centres and one Biomethanation plant, this Respondent is able to convert the 11.7MT of daily generated waste to manure and biogas. Apart from the 11.7MT of wet waste, the recyclable waste generated are collected and sold. The employees are distributed with the benefit out of the same, the E- waste are sent to Leela Traders Pvt Ltd., the non- recyclable and combustable waste are sent to the Cement factories, as per the agreement. The three cement factories are, 1) UltraTech, Ariyalur, Makgreen Incinerator, Erode and ACC, Coimbatore District.
11. It is submitted that the above mentioned practice came to the existence after the implementation of Solid Waste Management Rules, 2016, in the Municipality. Till the implementation of the same the waste generated were segregated and kept accumulated in the impugned site, as the same was far from habitations.
12. This Respondent submits that though maximum efforts were made and proper steps were followed to segregate and dispose the waste , the same lead to accumulation of waste in the impugned site. Hence this Respondent engaged M/s. Aicon Surveys Private Limited, Puducherry, in March 2015 to find the quantity of legacy waste dumped at the Karattur compost yard. The volume of legacy waste at the dumpyard is found to be 40000 m3 and accordingly this Respondent Municipality received Administrative sanction and Technical sanction for the same.
13. It is submitted that based on the Administrative sanction accorded by the Commissioner of Municipal Administration, Government of Tamil Nadu, this Respondent Municipality had [18] engaged M/s. Sri Sivaraman & Co., Gobichettipalayam as the Concessionaire as per the terms of the Work Order (ROC. No. 3395/2015/E1 dated 30.10.2018) for the removal of the accumulated legacy waste dumped in the compost yard at the rate of Rs. 639 per m3 through bio-mining process.
14. It is submitted that this Respondent Municipality has also engaged the Centre for Environmental Studies (CES), Anna University, Chennai as Project Management Consultant to assess the progress of work by periodic site visits, volume measurements, observations at the site and review of records. The findings the CES team, consisting of Dr. Kurian Joseph, Professor, Dr. S. Karthikeyan, Associate Professor and the Project Associates periodically visited the site and the work progress was assessed. The Progress of the work as of November 2019 revealed that around 4200 m3 of legacy wastes dumped within the Compost Yard has been processed and about 1134 m3 of the recovered materials had been disposed.
15. It is necessary to state that, though the Work order for Bio - Mining processing the legacy waste of 40,000 Cum, is for a period of one year, due to manual working and another reason for delay Disaster Period of COVID - 19 and Rainy Season the process had lead to delay. It is submitted that now Speedy procedure is going on to Bio - Mining process already completed 17300 cum (43%) the legacy waste and hence the same shall be processed before 31.12.2020 and the impugned site shall be remediate accordingly. The said procedure is made at a cost of Rs. 2,63,00,000.00/- .
16. In the above said circumstances it is submitted that this Respondent is taking the earnest effort to dispose the waste generated after processing the same, as deemed under the 2016 Rules and the existing legacy waste shall be removed by the process of bio-mining before 31.12.2020. It is therefore prayed that this Hon'ble Court may be pleased to pass appropriate orders and thus render Justice."[19]
5. It is seen from the report as well as the additional reply affidavit that the entire legacy waste has not been disposed of and as on date only 43% has been disposed of and they wanted time till 31st December, 2020 for completing the work.
6. It is also seen from the report that the water analysis report shows that except TDS, other parameters are within the standard provided. But the committee has not mentioned about the implementation of the directions of the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 and consequential imposition of environmental compensation for non-compliance of the same within the time frame provided therein.
7. It is also seen from the report that they wanted some more time for filing the final report after conducting the field visit as they could not conduct the field visit due to the present Covid-19 pandemic situation prevailing in the district.
8. So considering the circumstances, we feel that some more time can be granted to the committee as well as to the 1st respondent to submit the final report and also the progress report regarding the recommendations made by them and we also direct the Pollution Control Board to file an independent report regarding the action taken for non-compliance of the directions given by [20] the Principal Bench of National Green Tribunal in O.A. No.606 of 2018 by the 1st respondent municipality.
9. They are directed to submit the respective reports as directed by this Tribunal as above on or before 07.01.2021 by e-filing along with necessary hardcopies to be produced as per Rules.
10. The Registry is directed to communicate this order to the members of the committee as well as to the Pollution Control Board and to the 1st respondent by e-mail immediately so as to enable them to comply with the direction.
11. For consideration of the report, post on 07.01.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) O.A. No.99/2017, 30th September, 2020. Mn.
[21]