National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Govt. Of ... on 23 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.5 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 192 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU
Initiated proceedings Based on the News item
Published in the New Indian Express
Newspaper, Chennai Edition dated 24.09.2020
Under the caption "Civic Issue in Chitlapakkam -
Irregular garbage Collection irks local residents".
1) The Principal Secretary to Govt. of Tamil Nadu,
Health and Family Welfare Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
2) The Secretary to Govt. of Tamil Nadu,
Department of Environment,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
3) Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
4) Directorate of Town Panchayats,
Rep. by its Director,
7th & 8th Floor, Urban Administrative
Office Campus, Chennai - 600 028.
5) The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600032
6) The District Collector,
Chengalpet District,
Collector Office, GST Road,
1
Chengalpattu - 603 001.
7) Chitlapakkam Town Panchayat,
Rep. by its Executive Officer,
No. 22, 2nd Main Road, Chitlapakkam,
Chennai - 600064. ...Respondent(s)
Date of hearing: 23.11.2020
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. V. R. Thirunarayanan
for R1to 4, 6 & 7
Sri .C. Kasirajan through
Ms. Meena for R5.
ORDER
The above case has been Suo Motu registered by this Tribunal on the basis of the news paper report published in The New Indian Express Chennai Edition dated, 24.09.2020 under the caption "Civic Issue In Chitlapakkam - Irregular Garbage collection irks local residents"
2.As per order dated 1.10.2020, this Tribunal has constituted a committee to go into the issue and submit a report regarding proper implementation of the Solid Waste Management Rules, 2016 and Bio Medical Waste Management Rules, 2016 in that area and also whether the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2 2018 have been also implemented by the 7th respondent Town Panchayat and posted the case to 10.11.2020 for that purpose.
On 10.11.2020, it was adjourned to today at the request of the committee for submission of the report.
2. When the matter came up for hearing today through Video Conference, Dr. V.R. Thirunarayanan, appointed as the State Government counsel, exclusively for National Green Tribunal (SZ) represented respondents 1 to 4, 6 and 7 and Mr. C. Kasirajan through Ms. Meena represented 5th respondent.
3. The committee has submitted the report which reads as follows:
"Brief description The Chitlapakkam was a traditional village had hamlets withvest backyards for disposal of solid waste., relating to cattle , etc and surrounded by fertile lands. However, the same were vanished by rapid urbanisation, the plots were shirked with more density of population and roads became narrow lanes. The draining channels maintained by the PWD, lost its sheen by vanishing fertile fields and encroachments. Since, it was not a planned urban neighbourhood and most of the families acquired plots in unapproved layout over the period, gradually raised buildings, leaving no space for common / public utilities required in corner of each street or layout for the purpose of primary and secondary collection points, garbage processing units, resource Recovery park, etc, it is hard to put the due provisions in place. The local body have been managing activities within the context and limitations. It was constraint to establish the Resource Recovery Park in 0.96 Acres objectionable land belongs to the PWD.
The Chitlapakkam Town panchayat consist of 18 wards with 11220 households and 247 commercial establishments. The population numbering 37906 as per census 2011, has increased to more than 45000 presently. The Town panchayat is having 8 main roads running around 4.10 K.m and 364 sub streets running around 46.877 Km, besides some narrow lanes. Door to door collection of solid waste from every house holds and commercial establishment in all 364 streets and 8 main roads are put in place. An average 11 Metric Tonnes of solid wastes are collected every day. Out of which, 4 tons of Green waste are processed as manure and an average 2 tons of plastic are separated and supplied to Cement Factories.3
The Town panchayat has 42 sanctioned posts for sanitation, Street Light and Water Supply Maintenance, out of which 6 are vacant and the process of filling the same in accordance with law is under progress. However, the existing personnel is not suffice to meet the requirement for growing households and population. Once the State formulated Municipal Solid Waste (management and Handling) Rules 2000, the town panchayats were authorised under Na.Ka.No. 5030/08/B4, dated 24.06.2008 , to engage SHGs and NGOs to handle process of solid waste management system. Accordingly the service of NGO named Hand in hand was roped into supplement the existing sanitation team and ensure proper solid waste management. There are more than 531 street lights that are maintained through outsourcing and contracting.
As per Solid Waste Management Rules, 2016 door to door collection was introduced. The hand in hand provided 42 personnel for door to door collection, 4 for supervisor and 5 for managing Resource Recovery Park. The contract with hand in hand was end on 30.9.2019 and they were not keen to renew the contract. Hence, tender process was initiated. Meanwhile, the local self help group named 'Kizhadi Magalir Kuzhu' requested the opportunity handle the solid waste management. Hence, it as given on trial basis. It was went on well initially but later found some administrative issues on accounts and payments wages. Meanwhile, pandemic started and lock down announced from 23rd March 2020. Since the entire team was busy with containment of Covid 19 and the SHG could not provide additional personnel required, the Town Panchayat had to place some temporary arrangements on contractual basis. Under the above circumstances, the payment through SHG was delayed for want of clear accounts on payments to its individual members. However, the issues was sorted out and payment for the month of April and May 2020 was paid on 18.6.2020. Thereafter, the payment system was put in place with timely disbursement. On the other hand, the process of tender inviting quotes from NGO and SHS to provide personnel for solid waste management for the year 2020-21 was pursued. Out of five contenders in the bid, Ramanujam Social Service Society was selected as successful bidder and gien assignment kith effect from 1.9.2020. It is admitted facts that occasionally, the door to door collection was disturbed the Covid - 19 period and lack of personnel to depute to all streets. However, the same was addressed within possible time for intervention and set right.
The town panchayat is generating 11 tonnes of solid waste which consists 4 of degradable and non degradable wastes from the 11220 households including 484 apartments consisting of 3392 households and 247 commercial complexes in Chitlapakkam Town Panchayat and producing manure. The Town Panchayat has now restored the solid waste management activities with its existing sanitation team, supplemented by the personnel of Ramanujam Social Service Society. It is pertinent to mention here that the transportation of solid waste from all 18 Wards starting from primacy point of door to door collection to the resource recovery park is handled by one compactor and one lorry with the capacity of 4 tonns, one TATA Ace with capacity of 1 ton 4 TATA Ace, 25 tricycles and 4 battery vehicles Additionally 1 tractor and TATA Ace mini lorry has been hired to manage the contemporary needs. However, the Government has now provided 16 mini battery operated vehicles. Every Thursday mass cleaning work is done by the Town Panchayat.
Door to Door collection at present is 80% and all efforts are taken to achieve 100% before 31.1.2021.
The segregation at source achieved sat present is 75% and 100% will be achieved before 31.1.2021.
At present the 5.50 MT of degradable waste are stocked and processed through windrows methods in the resource recovery park.
The non-bio degradable waste, recyclable waste are disposed through /sold to the potential recycling vendors. 11.20 MT of plastic waste were sent to cement industries for co-processing.
As a permanent measure to dispose the non-bio degradable dry waste, an incinerator 5 TPD has been installed and is under trial run. In future all the dry waste including non resalable combustible plastics will be burnt and disposed. Necessary certificate for consent from TNPCB applied and will be obtained.
With regard to Bio Medical Waste all the hospitals were handling their own waste by themselves. Further awareness is being given to general public not to use plastics and periodical inspection is conducted in this area and impose penalty to the defaulters then and there.
It is submitted that the lack of adequate space for resource recovery park to 5 process the solid waste as organic and inorganic is a major issue and suitable place to be identified within affordable distance. The Town Panchayat is pursuing the proposal for four mini sewerage treatment plants and hope to address the water logging and pollution of nearby water bodies."
4. It is seen from the report that it is general in nature and the Town Panchayat will implement the Solid Waste Management Rules, 2016 of collection, segregation and disposal as provided under the Solid Waste Management Rules, 2016 by 31.1.2021. But they have not provided how they are intended to implement the same especially when a place will have to be identified for segregation and disposal of the waste generated. Further, though there was a proposal for incineration plant of non- recyclable and non bio degradable waste by incineration, it is seen from the report that there is no authorisation or permission obtained from the Tamil Nadu Pollution Control Board for that purpose. Further, the place where now it is being done is not sufficient for that purpose even according to the committee, a place will have to be identified for this purpose. There is nothing mentioned in the report as to whether there is any plan for identifying a new area for this purpose. Though it is mentioned in the report that the Health Care Units are handing the bio- medical waste generated by themselves, it is not mentioned as to how that is being handled and whether it is in tune with the 6 provisions of Bio Medical Waste Management Rules, 2016 which are not specifically mentioned in the report. They have also not assessed any environmental compensation for the violation of Solid Waste Management Rules, 2016 and Bio Medical Waste Rules, 2016 as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 as well. It is not clear from the report as to whether the Health Care Units are having necessary 'authorisation' and necessary arrangement for collection and disposal of bio medical waste generated in their units as provided under the Bio Medical Waste Management Rules, 2016 and if not what is the action taken by the regulating authority viz., the Tamil Nadu Pollution Control Board against such violating units.
5. So under these circumstances, we feel that the 7th respondent - Town Panchayat is also directed to file an independent action plan for the implementation of the Solid Waste Management Rules, 2016 in their area so as to avoid complaints from the local public in future.
6. The Committee as well as the Pollution Control Board and the 7th respondent- Town Panchayat are directed to submit an action plan and further action taken report on or before 7 24.12.2020 by e-filing at [email protected] to this Tribunal.
7. The Registry is directed to communicate this order to the Members of the Committee as well as the above officials by e- mail immediately so as to enable them to comply with the direction of this Tribunal.
For consideration of action plan and action taken report, post on 24.12.2020.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.192/2020 23.11. 2020 kkr 8