National Green Tribunal
Suo Motu vs The Chief Secretary, Government Of Tail ... on 10 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.6 to 9:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 10 of 2017 (SZ)
With
Original Application No. 18 of 2017 (SZ)
With
Original Application No. 58 of 2017 (SZ)
With
Original Application No. 105 of 2017 (SZ)
IN THE MATTER OF:
Suo Motu Proceedings initiated based on the
news item Published in "The Times of India"
Chennai - Edition dated 20.01.2017 on
the caption "Bhavani river water unfit
for consumption" and "Waste from Mettupalayam
Government Hospital ends up in Bhavani River" ... Applicant
Versus
The Chief Secretary,
Government of Tami Nadu,
Chennai and others. ...Respondent(s)
With
M. Gobineelan ... Applicant
Versus
The Secretary to the Government,
Chennai and others. ...Respondent(s)
With
1
T.T. Rangasamy ...Applicant
Versus
State Government of Tamil Nadu
and Others. ... Respondent(s)
With
D. Satheesh Kumar ...Applicant
Versus
State Government of Tamil Nadu
and Others. ... Respondent(s)
Date of hearing: 10.08.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
Original Application No. 10 of 2017 (SZ)
For Applicant(s): By Court.
For Respondent(s): M/s. M. Mani Gopi for R1 to R7.
M/s.M. Arokia Raj for R8.
M/s. C. Kasirajan through
M/s. Meena for R9 & R10.
Original Application No. 18 of 2017 (SZ)
For Applicant(s): None.
For Respondent(s): M/s. M. Mani Gopi for R1, R2, R5 to R9.
M/s. C. Kasirajan through
M/s. Meena for R3, R4.
2
Original Application No. 58 of 2017 (SZ)
For Applicant(s): M/s. Maragadha Sundhari represented
M/s. R. Natarajan.
For Respondent(s): M/s. M. Mani Gopi for R1 to R4, R7 to R9.
M/s. C. Kasirajan through
M/s. Meena for R6.
Original Application No. 105 of 2017 (SZ)
For Applicant(s): M/s. Kirubakaran represented
M/s. Senthil Kumar.
For Respondent(s): M/s. M. Mani Gopi for R1, R2, R7, R8.
M/s. C. Kasirajan through
M/s. Meena for R6.
ORDER
1. As per order dated 02.01.2020, this Tribunal, after considering the pleadings in the connected cases and also the gist of the Suo Motu case registered in respect of pollution caused to the river Bhavani, constituted a Joint Committee comprising of 1) the District Collector, Coimbatore, 2)the Commissioner, Mettupalayam Municipality, 3) Central Pollution Control Board and 4) State Pollution Control Board to submit a factual as well as action taken report and posted the case to 08.05.2020.
32. On 08.05.2020, the matter was adjourned to 08.06.2020 by notification. On 08.06.2020, this Tribunal had considered the submissions made by the counsel appearing for the parties and posted the case to today for submission of report of the committee.
3. When the matter came up for hearing today through Video Conference, M/s. Maragatha Sundari represented Sri. R. Natarajan counsel appearing for the applicant in O.A. No.58/2017, Sri. Kirubakaran represented Sri. Senthil Kumar, counsel appearing for the applicant in O.A. No.105/2017, Sri. M. Mani Gopi represented respondents No.1 to 7 in O.A. No.10/2017 and respondents No.1, 2, 5 to 9 in O.A. No.18/2017 and respondents No.1 to 4, 7 to 9 in O.A. No.58/2017 and respondents No.1, 2, 7 & 8 in O.A. No.105/2017 and Sri. C. Kasirajan through M/s. Meena represented respondents 9 & 10 in O.A. No.10/2017 and respondents 3 & 4 in O.A. No.18/2017 and 6th respondent in O.A. No.58/2017 & O.A. No.105/2017 and Sri. Arokiaraj represented 8th respondent in O.A. No.10/2017.
4. We have received the report submitted by the Joint Committee which reads as follows:-
"REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HONOURABLE NGT SOUTH ZONE IN THE MATTER OF O. A. NO. 10, 18, 58 AND 4 105 OF 2017 SUBMITTED BEFORE THE HONOURABLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI, AS PER THE ORDERS DATED JANUARY 2, 2020 AND JUNE 8, 2020 1.0 Background The Hon'ble National Green Tribunal, Southern Zone, Chennai in O.A. No. 10, 18, 58 and 105 of 2017 has directed as follows in its order dated: 02.01.2020;
"....we constitute a committee consists of District Collector Coimbatore, The Commissioner Mettupalayam Municipality, Central Pollution Control Board (CPCB) and State Pollution Control Board to oversee the quality of water in Bhavani river and steps taken and ensure that the neither the industrial units nor the local bodies are discharging untreated effluent /sewage into the Bhavani river, so as to contaminate the water quality in the river. They are also directed to inspect the industrial units and find out whether any of the industries are discharging their trade effluent without treating the same either in to the drain or into the river. The above committee is directed to test the water quality of Bhavani river throughout the stretch and find out its quality and if it is not to the extent of potable drinking water standard, suggest the remedial measures to achieve the same and if there are any violators, take appropriate action again those violators including prosecution, closure of such unit and imposing environmental compensation as directed by this Tribunal in several cases of similar nature, and submit a consolidated and cumulative report of status and action taken within a period of three months. The local bodies are also directed to comply with the directions given by the Principal Bench, New Delhi in this regard and submit a status report before the next hearing date.5
The Municipalities are also directed to fix shorter time line and see that the process is completed within the time frame fixed by the Principal Bench, New Delhi in this regard..."
In compliance to the NGT direction, the committee was constituted with the following officials:
1. Thiru.K.Rajamani, I.A.S., District Collector, Coimbatore.
2. Dr. P.Asokan, JCEE(M), TNPCB, Coimbatore
3. Tmt. PoornimaB.M., Scientist D, CPCB, RD(S) - Bengaluru
4. Thiru. S.S.Sureshkumar, Municipal Commissioner, Mettupalayam Municipality, Mettupalayam.
The District Environmental Engineer, Coimbatore North, Tamil Nadu Pollution Control Board (TNPCB) co- ordinated with the committee members through the monitoring. Tmt. D. Jeyalakshmi, DEE and Thiru.S. Neelamegam, AE were also present during inspection and monitoring.
The first meeting of the Joint Committee was held on 05.03.2020 at the District Collectorate, Coimbatore, the committee finalized to carry out the inspection on 17.03.2020 and 18.03.2020. The minutes of the meeting is enclosed as Annexure 1.
The District Collector issued letter to all the industries located on the basin of the River Bhavani, Government Hospital (GH), Mettupalayam, Government Urban Primary Health Centre(GUPHC), Mettupalayam and to the Mettupalayam local body seeking an explanation for discharging their effluent and sewage into the drain / 6 River Bhavani. The copies of the letters are attached as Annexure 2 and the replies submitted by industries and others are annexed as Annexure 3.
2.0 Inspection and monitoring as per the directions of Hon'ble NGT The Joint Committee inspected and monitored River Bhavani Stretch, major drains joining River Bhavani, Solid Waste dumpsite and proposed Sewage Treatment Plant (STP) site on March 17, 2020. The Government Hospital Mettupalayam and seven industries located on the basin of the River Bhavani were inspected on March 18, 2020.
2.1 Monitoring of River Bhavani The committee inspected the River Bhavani Stretch on 17.03.2020 from Vilamarathur (upstream of Mettupalayam) to Koothamandipirivu (downstream of Mettupalayam) covering about 30 Km. During inspection the flow of the river was moderate and observed that, the major drains carrying sewage generated from the Mettupalayam Municipality was directly discharged into the river. The river water samples at seven locations from the downstream of the drains joining the River Bhavani were collected and analysed in the Advanced Environmental Laboratory, TNPCB, Salem. The results are tabulated in the table below:
S. No. Parameters Unit BR-01 BR-02 BR-03 BR-04 BR-05 BR-06 BR-07 1 Turbidity* NTU 12 9 14 12 12 15 20 2 Colour* ml <5 <5 <5 <5 <5 <5 <5 3 Conductivity at 25°c µmhos/ cm 62 69 104 100 73 80 200 4 pH at 25°c Number 6.84 6.92 7.10 7.25 7.31 6.81 8.61 Total Suspended Solids 5 mg/l 4 20 24 8 28 32 36 at 103°C - at 105°C Total Dissolved Solids 6 mg/l 52 54 76 72 60 68 152 at 180°C 7 7 Chloride as Cl mg/l 10 10 14 13 10 13 22 8 Sulphate as SO4 mg/l <5 <5 <5 <5 <5 <5 <5 9 Oil and Grease mg/l <4 <4 <4 <4 <4 <4 <4 BOD (at 27°C for 3 10 mg/l <2 <2 <2 <2 <2 <2 2.2 days) 11 COD mg/l 8 8 16 16 8 8 16 12 Manganese* mg/l <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 Ammonical Nitrogen 13 mg/l <2 <2 <2 <2 <2 <2 <2 as NH3-N Total Kjeldahl 14 mg/l <2 2.24 <2 <2 <2 <2 2.24 Nitrogen 15 Fluoride as F mg/l 0.398 0.023 0.201 0.467 0.392 0.092 0.005 16 Ph. Compounds mg/l <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 17 % Sodium % 37 39 40 38 27 26 28 Total Hardness as 18 mg/l 38 26 34 34 26 30 76 CaCO3 19 Alkalinity as CaCO3 mg/l 20 20 40 36 48 42 96 20 Ph. Alkalinity* mg/l <1 <1 <1 <1 <1 <1 16 Nitrate Nitrogen as 21 mg/l 0.05 0.036 0.064 0.029 0.014 0.050 0.036 NO3 Nitrite Nitrogen as 22 mg/l 0.002 0.009 0.011 0.036 0.006 0.014 0.023 NO2 23 Phosphate as PO4 mg/l 0.032 0.014 0.023 0.056 0.019 0.037 0.042 24 Cyanide mg/l <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 25 Calcium as Ca mg/l 4.0 4.0 8.0 6.4 5.6 4.8 16 26 Magnesium as Mg mg/l 6.8 3.8 3.4 4.3 2.9 6.4 8.7 27 Sodium as Na mg/l 10.8 7.8 11.1 9.8 4.5 5.1 14.1 28 Potassium as K mg/l 1.1 1.0 1.6 1.4 0.8 1.0 2.7 29 Iron Total as Fe mg/l 0.242 0.419 0.177 0.223 0.279 0.521 0.084 30 Free Ammonia* mg/l <1 <1 <1 <1 <1 <1 <1 31 Boron* mg/l <0.002 <0.002 <0.002 <0.002 <0.002 <0.002 <0.002 32 Hexavalent Chromium mg/l <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 Total Residual 33 mg/l <1 <1 <1 <1 <1 <1 <1 Chlorine* 34 SAR* mg/l 0.8 0.7 0.8 0.7 0.4 0.4 0.7 35 Total Chromium mg/l <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05 36 Copper* mg/l <0.0015 0.2123 0.1123 <0.0015 <0.0015 <0.0015 0.337 37 Zinc* mg/l <0.0015 0.0179 <0.0015 <0.0015 <0.0015 <0.0015 0.289 38 Lead* mg/l <0.015 <0.015 <0.015 <0.015 <0.015 <0.015 <0.015 39 Cadmium* mg/l <0.0008 <0.0008 <0.0008 <0.0008 <0.0008 <0.0008 <0.0008 40 Nickel* mg/l <0.006 <0.006 <0.006 <0.006 <0.006 <0.006 <0.006 41 Dissolved Oxygen mg/l 6.5 6.6 6.5 6.5 6.8 6.5 6.0 MPN/ 42 Feacal Coliform* 17 32 21 17 11 14 31 100ML MPN/ 43 Total Coliform* 49 94 47 39 26 32 84 100ML 8 Note: BR-01: Mr. Kittu's Thottam, Vilamarathur, BR-02-Badrakaliamman Koil, BR-03-Near Samanna Water Tank and Mettupalayam Municipality Water Pumping station (confluence point of Uppupallam Odai), BR-04 - V.O.C Street, Ward No.5 (After confluence of Srirengarayan Odai), BR-05-Arulmigu Sithi Vinayagar Temple in Alangombu, BR-06- Near Subramaniyar Koil in Sirumugai and BR-07-Sirumugai water pumping station at Koothamandipirivu From the above table, it clearly shows that there is discharge of sewage from the Mettupalayam Municipality and Sirumugai Town Panchayat, due to the presence of Fecal coliform in all seven locations. Since the river water flow was moderate during monitoring, the sewage contamination is not visible in the results due to river water dilution. Other parameters are within the permissible limits for drinking water standards except Copper which is slightly higher than the drinking water standards in 3 locations, which may be due to natural geographical condition.
On behalf of Mettupalayam Municipality, Tamil Nadu Water Supply and Drainage Board (TWAD) submitted the status report on the progress of the Under Ground Sewage Scheme (UGSS) before the Hon'ble NGT (SZ) in its hearing on02.01.2020. It was informed that the works are expected to be completed by the end of March 2021 and the same is recorded in the Hon'ble NGT (SZ), Chennai in its order dated: 02.01.2020.
At present, the Commissioner Mettupalayam Municipality has submitted an undertaking to the Chairman of the Joint Committee/ District Collector in letter dated: 29.05.2020 assuring to complete the constructions of STP and UGSS by the June 2021 and to make operational by the June 2021. The letter from Commissioner Mettupalayam Municipality is attached as Annexure 4.
2.2 Government Hospital, Mettupalayam 9 Government Hospital (GH), Mettupalayam is located adjacent to the River Bhavani. GH has obtained consent to operate and subsequent renewal consent of TNPCB vide Proc.No.F.1000CBN/OS/DEE/TNPCBCBN/W&A/2018 dated 12.09.2018 with validity period up to 31.03.2020. GH has also obtained Authorization under the Biomedical Wastes Management Rules, 2016 vide Proc. No. F.1000CBN/BWA/OS/DEE/TNPCB/CBN/2016 dated:
27.04.2019 with validity period up to 31.03.2020. GH was supposed to apply for renewal of consent and authorization. However due to pandemic COVID-19 situation prevailing in the State, TNPCB has extended the validity of consent to operate and authorization up to 30.06.2020 and further extended up to 30.09.2020 vide Chairman's order dated 01.04.2020 and 01.07.2020 respectively.
The Government Hospital, Mettupalayam has not provided Sewage Treatment Plant for treating the liquid waste generated from the floor washing of wards, operation theatre, dialysis ward, toilets and canteen. During inspection it was informed by the GH authority that the liquid waste generated is first taken into a drum and disinfected with 5% hypochlorite solution giving 5 minutes retention time and then discharged into sewers/drains. However it was noticed that the drums were empty and no sign of dosing was observed. GH has constructed two lines inside the premises, one for the storm water and another for discharging the liquid wastewater. The untreated liquid wastewater is discharged into a public sewer which finally joins the River Bhavani. During inspection, sample from the drain discharging liquid waste was collected and analysed in the Advanced 10 Environmental Laboratory, TNPCB, Coimbatore. The results are tabulated in table below.
S.No. Parameters Unit Standards Drain near Mortuary 1 pH @ 25°C -- 5.5-9 8.24 2 Total Suspended Solids(TSS) mg/l 100 446 3 Oil and Grease mg/l 10 15 4 BOD for 3 days @ 270C mg/l 30 160 5 COD mg/l 250 944 6 Ammonical Nitrogen mg/l 50 34.7 7 Total Nitrogen mg/l -- 0.41 From the above table, TSS, Oil and Grease, BOD and COD are not meeting the standards prescribed by TNPCB for discharging trade effluent into inland surface water. Hence, it is evident that Government Hospital, Mettupalayam is discharging untreated trade effluent into public sewer which finally reaches River Bhavani.
The Chief Medical Officer, Government Hospital, Mettupalayam has submitted an undertaking to the Chairman of the Joint Committee/ District Collector in letter dated: 11.03.2020, assuring to provide Sewage Treatment Plant in hospital premises and also requested the Public Works Department for construction of STP. It was also informed that GH, Mettupalayam is meeting all the required criteria for National Quality Certification for Government Hospitals. The letter from GH, Mettupalayam is attached as Annexure 5.
2.3 Government Urban Primary Health Centre, Mettupalayam 11 Government Urban Primary Health Centre (GUPHC), Mettupalayam has obtained consent to operate from TNPCB vide Proc. No. F.1658CBN/OS/DEE/TNPCB/CBN/W&/2019 dated 01.05.2019 with validity period up to 31.03.2029 and also obtained Authorization under the Biomedical Wastes Management Rules, 2016 vide Proc. No. F.1658CBN/BWA/OS/DEE/TNPCB/CBN/2016 dated 05.05.2019 with validity period up to 31.03.2029.
Earlier biomedical wastes generated from GUPHC was disposed in concrete pits inside the premises. At present, GUPHC has an agreement with the M/s. Teknotherm Industries (Common Biomedical Waste Treatment Facility) for the disposal of bio medical waste generated. The Mettupalayam Government Urban Primary Health Centre has provided septic tank to dispose the liquid waste after necessary disinfection and sewage. There was no discharge of sewage and trade effluent either into drain or into River from the UPHC.
2.4 Mettupalayam Municipality Mettupalayam Municipality is located along the highway leading to Udhagamandalam District with a population of 70,000.As informed by the Municipality officials, around 35 to 40 tons of solid waste is generated per day. Solid waste generated is collected, segregated and treated through composting and the compost thus generated is sold to farmers. The solid waste processing facility located at Survey Nos. 77 part and 78 part of Sikkadasampalayam Village, Mettupalayam have a capacity of 35 Tons per day. The Mettupalayam Municipality has obtained Authorization under the Solid 12 Waste Management Rules, 2016 vide Proc. No. DEE/TNPCB/CBN/MSW-001/2018 dated 30.01.2018 with validity period of five years (i.e. 29.01.2023).
The Mettupalayam Municipality has installed Biomethanation plant at SF Nos.77/2 and 78/1 of Sikkadasampalayam village, Mettupalayam to convert the segregated organic waste generated from markets, hotels, restaurants etc to Biogas and organic manure. Consent to operate under both the Water (P&CP) 1974 and the Air (P&CP) Act 1981 was issued to the plant with validity up to 31.03.2017 and subsequent renewal was issued to the plant with validity up to 31.03.2019.During inspection, the Biomethanation plant was not in operation. The Municipality is yet to apply for the renewal of consent and authorization.
The Mettupalayam Municipality is discharging untreated sewage with sullage into River Bhavani through odai (natural drain). The Commissioner, Mettupalayam Municipality was addressed by the DEE, TNPCB, Coimbatore vide Lr. No. F.GEN.34/DEE/TNPCB/CBN/COMP/2017 dated 20.01.2017 to provide the details about the UGSS, Sewage Treatment Plant (STP) and to submit the applications for Consent to Operate (CTO). The Mettupalayam Municipality has started the construction of UGSS and STP without obtaining the CTE from TNPCB. The Mettupalayam Municipality had submitted online application for Consent to Establishment (CTE) of STP. However, the application was returned to the Mettupalayam Municipality for additional details. Without obtaining CTE, the Municipality has started excavation work for the UGSS followed by construction of STP. During inspection the construction of 13 UGSS and collection wells were under progress. The STP construction site was also visited and observed that around 60% of the works was completed.
The Commissioner Mettupalayam Municipality has submitted an undertaking to the Chairman of the Joint Committee/ District Collector in letter dated: 29.05.2020, assuring to complete the construction of STP and UGSS and to commission the same by the June 2021. The Commissioner Mettupalayam Municipality has also requested not to levy Environmental Compensation (EC) for the discharge of untreated sewage. The letter received from the Commissioner Mettupalayam Municipality is attached as Annexure 4.The status report of construction of UGSS furnished by Commissioner Mettupalayam Municipality is as below:
1 Name of Scheme Under Ground Sewerage Scheme to Mettupalayam Municipality in Coimbatore District Name of the Division Sewerage Division, Kuniyamuthur.
Name of the Executive Engineer Er. A.Muthaiya, B.E., Mobile No 9042862861 Beneficiary Mettupalayam Municipality Population and Requirement Population Benefited (In lakhs) Sewage in MLD Present Inter Ultimate Inter Ultimat (2017) (2032) (2047) (2032) e (2017) 0.715 0.773 0.836 8.65 9.40 2 Administrative Sanction GO.(D) No. 389 /MAandWS (MA3) dept / dt.09.09.2016 - Rs.91.70 crores to install and Rs 97.50 Lakhs to maintain annually.
3 Technical Sanction CE/CBE No: 11/2016-17 dt.24.02.2017 for Rs 91.70 Crore 4 Date of Work Order 1. Package - I:CE/ TWAD Board / Coimbatore : Work Order No. F. UGSS to MTP Mpty Package - I / SDO (T1)/CE/CBE/2018/Dt:09.04.2018.
2. Package - II:CE/ TWAD Board / Coimbatore :
14Work Order No. F. UGSS to MTP Mpty package - I / SDO (T1)/CE/CBE/2018 / Dt:09.04.2018.
3. Package - III:CE/ TYWAD Board / Cbe Work Order No. F. UGSS to MTP Mpty package - III SDO (T1)/CE/Cbe/201/dt: 16.08.2018 5 Agreement No / date / Value 1.Pac - I : Agt No CE/CBF/no 4/18-19/dt. 04.05.2018 and Period Rs 29.34 Cr/30 + 6Months.
2.Pac - II: Agt No CE/CBF/no 5/18- 19/dt.04.05.2018 Rs 37.46 Cr/30 + 6 Months.
3.Pac-III:AgtNoCE/Cbe/no15/18-19/dt.12.09.2018 Rs13.788 Cr/30 + 6 Months 6 Date of Commencement of For Pac-I and II - 24.04.2018and Pac-III - 12.09.2018 Work 7 Name of Contractor 1. Package I: M/s. VVV Construction Private Limited, Annai Sathya Nagar, Main Road, Nesapakkam, Chennai - 600 078.
2. Package II: M/s. Keyem Engineering Entgerprises, KamarajNagar, Thniruvanmayur, Chennai - 600 041
3. Package II: R.Velumani, Avinashi S. Physical progress of work Financial Progress in Lakshs Scheduled No date of completion Name Progress up Balance % Total Expenditur % of the to Cost e up to work 09.07.2020 30.06.2020 Physical Progress Collection System I Package 1 Sewer Line (Mts.) 3182 15847 16074 1 2 Manholes 134 990 ( ) Nos. 2 352 3 House Service 1020 1788 8417 Connnectio 5 n (Nos) 47 Rs.91.
4 Road 7 2478.48 Package I
Restoration % 31%
3182 2800 2902 Lakh Lakhs 01/2021
Works 1 1
(Meter) s
5 Pumping 769 1465 6234
Main (Kms) 9
6 Pumping 1 No
Station 3 Complet 2
(Nos) ed 1
no.u/p.
7 Lifting 4 58
Station 7 complete 3
(Nos) d %
15
II Package
1 Sewer Line
(Mts.) 4781 28245 19569
4
2 Manholes
( ) Nos. 1977 1519 458
3 House
Service 6795 1946 4849
Connection
(Nos) Package II
4 Road 4781 14635 33179 01/2021
Restoration 4
Works
(Meter)
5 Pumping 620 1268 4941
Main (Kms) 9
6 Pumping 3 2 no 1
Station Complete
(Nos) d, 1 u/p
7 Lifting 1 1Complete
Station d
(Nos)
III Sewage 56% Package III - 6/2021
Treatment
Plant -
8.65 mld
SBR
Method
1 Sequential Civil
batch work
Reactor completed
,
Mechanic
al
equipment
order
placed
2 Primary
Treatment
Inlet 1 Civil
Chamber work
completed
,
Mechanic
al
equipment
order
placed
Grit 1 Civil
Chamber work
completed
,
Mechanic
al
equipment
16
order
placed
Distribution 1 Civil
Chamber work
completed
,
Mechanic
al
equipment
order
placed
From the progress report, it is observed that for Package I and II (Construction of UGSS, Manholes etc.) 52.5 % of the work has been completed and Package III which is the construction of STP, 56 % of the work has been completed. The same was verified during inspection and photographs are attached as Annexure 6.
2.5. Sirumugai Town Panchayat Sirumugai Town Panchayat is located in the downstream of the Mettupalayam Town and Bhavani River. At present the population of the Panchayat is about 25000.As informed, the Town Panchayat generates about 2.3 TPD of solid waste. Solid waste generated from the entire town is collected and dumped without any treatment in open land. The Town Panchayat is under the process of finding suitable land to set up solid waste processing facility. The Executive officer, Sirumugai Town Panchayat has been addressed by DEE, TNPCB, Coimbatore North to follow the provisions of "the Solid Waste Management Rules 2016" for handling of solid wastes generated. However, the Town Panchayat is under the process of setting up waste processing, treatment and disposal facility with capacity of less than 5 T/day which is exempted from obtaining consent and authorization from the TNPCB as per the Solid Waste Management Rules, 2016.
17The Town Panchayat is discharging untreated sewage including sullage into River Bhavani through odai (natural drain) without treatment. A direction under section 33A of the Water (P&CP) Act 1974 as amended was issued to the Executive officer, Sirumugai Town Panchayat by the Chairman, Tamil Nadu Pollution Control Board vide Proc.No.T13/TNPCB/Compl/1897/CBN/W/2017 Dated 14.02.2017 to provide UGSS followed by Sewage treatment Plant on priority basis for the treatment of sewage generated.
The Assistant Director of Town Panchayat, Coimbatore Zone has submitted an undertaking to the Chairman of the Joint Committee/ District Collector in letter dated: 05.06.2020 attached as Annexure 7, assuring to provide STP under "Nadanthai Vaazhi Cauvery Project" and the implementing agency PWD has appointed M/s. WAPCOS to carry out the work of preparation of Detailed Project Report for the STP, Solid Waste Management, River Front Development, Biodiversity, River Surface Cleaning and Online Monitoring. The Assistant Director of Town Panchayat, Coimbatore Zone has also requested to relax the levy of Environmental Compensation (fine) for the discharge of untreated sewage.
2.6 Inspection of Industries on the basin of River Bhavani i. In Mettupalayam Taluk of Coimbatore District, the following major polluting industries are located on the Basin of Bhavani River.
ii. M/s. ITC Limited Paper Boards and Speciality Papers Division, Unit: Kovai, Thekkampatty Village, Mettupalayam Taluk 18 iii. M/s. Sharadha Terry Products Ltd., Dyeing Division, Thekkampatty Village, Mettupalayam Taluk iv. M/s. United Bleachers Private Limited, Sikkadasampalayam Village, Mettupalayam Taluk v. M/s. Encee Aromatics Pvt. Ltd, Sikkadsasampalayam Village, Mettupalayam Taluk vi. M/s. KG Denim Ltd, Jadayampalayam Village, Mettupalayam Taluk and vii. M/s. Siruvani Textile Process Ltd., Jadayampalayam Village, Mettupalayam Taluk 2.6.1 M/s. ITC Limited, Paper Boards and Specialty Boards Division, Unit: Kovai The unit is an existing Paper Board manufacturing plant by using waste paper as raw material. The unit has obtained CTO for Expansion vide Proc.No.T4/TNPCBD/F- 0038CBN/ RL/CBN/A and W/2015/DT.24/06/2015, valid up to 31.03.2016 and renewed up to 31.03.2022 for the following;
I. Products Manufactured:
Duplex Board, Cromo Board and Art Board - 10000 T/M Power Generation (Captive Use) - 8 MW II. Discharge Outlets:
Sewage: 73 KLD-Treated in the Existing ETP and disposed on Industry's own Land.
Trade Effluent - 2600 KLD on Industry's Own land for Irrigation.
III. Emission Outlet:
a. Boiler - 44 T/Hr - ESP with Stack.
b. Boiler - 60 T/Hr - ESP with Stack 19 c. D.G.Set. 250 KVA - 2 nos. - Stack with Acoustic Enclosures(each) d. Coal/Bio fuel bunker - Bag filter with stack e. Coal/Bio fuel transfer point - Bag filter with stack The unit is located at 3 km from River Bhavani. The unit has provided Effluent Treatment Plant for the treatment of effluent generated. During the Joint Committee inspection, the ETP was in operation and treated trade effluent is utilized for irrigation on their land. At the time of inspection, there was no discharge of untreated/treated effluent into drain or into River Bhavani from the unit. Regularly TNPC Board is analysing treated effluent sample and all the parameters are within the irrigation standards prescribed by TNPCB. The analysis results of recent samples and photographs of ETP are attached as Annexure 8.
The unit has provided EMFM in the following locations i. Effluent Inlet channel leading to Primary Clarifier (V-Notch with laser mechanism- Non contact type) ii. Outlet of the ETP i.e. Outlet of Pressure Sand Filter leads to Irrigation fields iii. Outlet of the ETP i.e. Outlet of Pressure Sand Filter - Reusing line to the process and other utility. Online Continuous effluent monitoring system is also installed at the final outlet of ETP for the parameters pH, COD, BOD, TSS, and Temperature. The data is connected to CPCB and TNPCB server.
This unit was inspected by another Hon'ble NGT Joint Committee in O.A No.26 of 2019 and based on the Joint Committee recommendations, TNPCB has directed to levy Interim Environmental Compensation Rs.331.80 20 Lakhs till 11.03.2020 and thereon each day Rs.30,000/- until compliance for non-installation of OCEMS in 44 TPH boiler vide Proc.No.T1/TNPCB/F.0038/CBN/RL/W&A/2020 dated:17.03.2020 along with certain other directions. The unit is yet to remit the Environmental Compensation (EC) and due to nationwide lockdown to contain corona virus, the unit has requested time to remit EC. In this regard, the TNPC Board had proposed personal hearing meeting with the unit of M/s. ITC Limited, Paper Boards and Specialty Boards Division, Unit: Kovai on 10.06.2020 @ 11.00 AM at Corporate Office, TNPCB, Guindy, Chennai. The unit has not attended the personal hearing meeting due to COVID- 19 pandemic and requested to arrange another personal hearing meeting after 10.07.2020 vide unit's letter dated:08.06.2020.The unit has again requested to arrange personal hearing meeting after 23.07.2020 vide unit's letter dated:15.07.2020 and the same is being proposed on 07.08.2020.
2.6.2 M/s. Sharadha Terry Products Ltd.
The unit is an existing textile processing industry since 1994, and has obtained Consent to Operate for expansion under Air and Water Acts vide Proc.T2/ TNPCB/ F-1487Wand A/ RL/ CBE/2008 dated 26.12.2008 with a validity up to 31.03.2009 and subsequently renewed up to 31.03.2022 to manufacture the following.
a. Products manufactured:
Woven Fabrics (Products like Terry towels, Home furnishing apparel fabrics as per order basis)- 21,00,000 meters/ Month.21
b. Wastewater generation.
1. Sewage: 132 KLD - Connected to trade effluent ETP.
2. Trade effluent:
i. R.O. Permeate: 3240 KLD- Recycling to process ii. Brine Recovey:306 KLD- Recycling to process iii. Evaporation through Natural Evaporator- 46KLD - Evaporator iv. Final Reject:8.0 KLD - Agitated Thin Film Drier c. Hazardous waste Authorization:
The unit has obtained Authorization under the Hazardous and other wastes (Management and Trans boundary Movement) Rules 2016 on 07.05.2018 with validity up to 06.05.2023.
The unit is located at 800m from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generated. During the Joint Committee inspection it was observed that the ETP was in operation and treated effluent was recycled back to process and the unit was achieving ZLD. There was no discharge of untreated/treated trade effluent into the drain or into River Bhavani from the unit during inspection. The unit had stored hazardous wastes in closed shed.
2.6.3 M/s United Bleachers Private Ltd The unit is an existing textile processing industry since 1954. The unit has obtained CTO vide Proc No. R2/CBE/F 20/RM/W&A/96 dated 11.07.96 to manufacture the following a. Products manufactured:
1. Processed Woven Fabrics -350T/M, 22
2. Processed Knitted fabrics - 150T/M and
3. Processed Yarn - 30T/M b. Waste water generation.
1. Sewage - 4 KLD - To ETP after treatment from STP,
2. Trade effluent - 1668 KLD (along with STP treated water)
(i) R.O. Permeate - 1656.14 KLD - Recycling to process,
(ii) Evaporation - 6.22 KLD-Other Losses (Evaporation, Sludge Loss etc.,)
(iii) Final Reject - 5.64 KLD - Agitated Thin Film Drier Further renewal was issued to the unit vide Proc.No.T5/TNPCB/F.0071CBN/RL/ CBN/W&A/2018 DATED: 23/02/2018 with validity up to 31.03.2023.
c. Hazardous waste Authorization:
The unit has obtained Authorization under the Hazardous Waste (M, H & T M) Rules 2008 on 17.10.2014 with validity up to 16.10.2019 and further renewal issued on 01.04.2020 with validity up to 31.03.2025.
The unit is located at a distance of about 200m from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generated. During the Joint Committee inspection, ZLDS was in operation and the treated effluent is being recycled into process and thus achieving Zero Liquid Discharge of effluent. There was no discharge of untreated/treated trade effluent into drain or into River Bhavani from the unit at the time of inspection.
2.6.4 M/s. Encee Aromatics Pvt. ltd 23 The unit is located on the bank of River Bhavani which is a flower processing and solvent extraction industry. The unit has provided Effluent Treatment Plant with ZLD system to achieve Zero discharge of effluent. The unit is an existing Organic Chemical manufacturing industry since 01.11.1977. First consent was issued to the unit vide Proc. No T12/TNPCB/F.CH16/CBN/RL/W&A/2015, Dated:
10.03.2015. Renewal of consent was issued to the unit vide Proc. No. T11/TNPCB/F.0883CBN/RL/CBN/W&A/2017, Dated 06.07.2017 with validity up to 31.03.2022 for the following:
a. Products Manufactured:
i. Ambrettolide - 2000 Kg/M
ii. Iso Butyl Quinoline - 1500 Kg/M
iii. Floral Concretes - 200 Kg/M
iv. Floral Absolutes - 100 Kg/M
v. Enamber - 750 Kg/M
vi. Vetiverol - 200 Kg/M
vii. Vetiveryl Acetate - 200 Kg/M
viii. Undecavertol - 400 Kg/M
ix. Enascone - 150 Kg/M
x. Spice Extraction Concrete - 100 Kg/M
xi. Spice Extraction Absolute - 50 Kg/M
xii. Spice Oil (Black Pepper and Ginger) - 200 Kg/M
xiii. Enafran - 125 Kg/M
It is consented to discharge sewage of 3.2 KLD on its own land and to recycle the trade effluent of 3.0 KLD (Cooling Tower makeup) and to discharge 1.89 KLD of effluent into Solar Evaporation pan.24
The unit has provided effluent treatment plant comprising of Collection tank, Equalization tank, Aeration tank, Settling tank and Multiple Effect Evaporator (MEE) for the treatment of effluent generation. During the Joint Committee inspection, all the manufacturing sections and ETP were in operation. The trade effluent from washing of machineries is treated in the effluent treatment plant and concentrate from MEE is disposed through elevated solar evaporation pans. There was no discharge of untreated/treated trade effluent into drain or into River Bhavani from the unit during inspection.
2.6.5 M/s. KG Denim Ltd The unit is an existing textile processing industry since 1993. The unit has obtained CTO vide Proc. Dated 20.09.2016 to manufacture the following a. Products Manufactured:
1. Denim Fabrics - 31,80,000 Meters /Month
2. Woven Textiles (products like home furnishing, Apparel Fabrics as per order basis) - 20,00,000 Meters /Month.
3. Power Generation -12.925 MW b. Waste water generation.
1. Sewage: 50 KLD -On land for Gardening.
2. Trade effluent - 2775 KLD.
i. R.O. Permeate: 2034 KLD -Recycling to process ii. Condensate from MEE:67KLD- Recycling to process iii. Condensate from CRP:510KLD- Recycling to process 25 iv. Finishing operations water after sand filter :140KLD- Recycling to process v. Evaporation through Natural Evaporator- 22KLD - Evaporation through atmosphere. vi. Final Reject -2KLD -Solar Evaporation Pan (At present through Agitated Thin Film Drier) Further renewal was issued to the unit vide Proc.T5/TNPCB/F.0049CBN/RL/CBN/W&A/2017 Dated:
30/11/2017 with validity up to 31.03.2022.
c. Hazardous waste Authorisation:
The unit has obtained Authorization of the Hazardous Waste (M, H & T M) Rules 2008 on 26.02.2015 with validity up to 25.02.2020 and further renewal issued on 28.03.2020 with validity up to 27.03.2025.
The unit is located at a distance of 2km from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generated. During the Joint Committee inspection, it was observed that ZLDS was found in operation and the treated effluent is being recycled to process and the unit is achieving Zero discharge of effluent. There was no discharge of untreated/treated trade effluent into drain or into River Bhavani from the unit during the time of inspection. 2.6.6 M/s. Siruvani Textiles Private Ltd The unit is an existing Textile processing industry. The unit was consented vide Proc.No.T2/TNPCB/GS/CBE/F.1552/W&A/93 dated 10/11/1993 to manufacture Dyed Cotton Yarn of 21.75 T/M and to generate 40 KLD of trade effluent. Further, the unit had obtained CTO-Direct for product change vide Proc.
26No.F.0180CBN/RS/DEE/TNPCB/CBN/W&A/2019 DATED: 29/07/2019under both the Acts with validity period up to 31.03.2020 for the following:
a. Products Dyed Cotton Yarn/Fibre - 1.5 Tons/Month b. Waste water generation.
1. Trade Effluent I (RO I, RO 2 and Nano Permeate) - 37.0 KLD - Recycling to process
2. Trade Effluent II (Nano Reject) - 3.0 KLD - Disposed through Mechanical Evaporator Followed by ATFD The TNPCB has issued order dated 01.04.2020, extending the validity of consent to operate and Authorization is up to 30.06.2020 which is expired on 31.03.2020 due to COVID-19 lockdown and further extended the validity of consent to operate and Authorization up to 30.09.2020 vide Chairman's order dated:01.07.2020.
The unit is located at a distance of about 2.5km from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generated. During the Joint Committee inspection it was observed that ZLDS was in operation and the treated effluent was recycled into process and the unit is achieving Zero Liquid Discharge of effluent. There was no discharge of untreated/treated trade effluent into drain or into River Bhavani from the unit during inspection.
3.0. Directions by the Hon'ble NGT(SZ):
27Further, the Hon'ble National Green Tribunal, Southern Zone, Chennai in O.A. No. 10, 18, 58 and 105 of 2017 has directed as follows in its order dated:
08.06.2020;
"....Learned counsel Sri. R. Natarajan appearing for the applicant in O.A. No.58/2017 submitted that the request in this application is not in respect of pollution caused to Bhavani river but the remedial measures suggested by them if the water drifting station established for supply of water is shifted to upper region of the river then there will be no possibility of any pollution to the river.
So this can be dealt with separately and can be considered along with the committee report, since all are connected matters and related to the protection of Bhavani River.
The committee is directed to go into this question as well to incorporate the feasibility of the same in filing the report, so that it also can be considered along with the connected cases.
3.1 Action taken in compliance to the Hon'ble NGT direction dated 08.06.2020:
In compliance to the Hon'ble NGT direction, the Commissioner Mettupalayam Municipality has informed the Chairman of the Joint Committee/District Collector vide letter dated: 16.07.2020 attached as Annexure 7, stating that the Government vide GO (MAWS) No.389, dated 09.09.2016 have sanctioned an Under Ground Sewerage Scheme to Mettupalayam Municipality at an estimate cost of Rs.91.70 Crores. Hence, the permanent solution for the 28 prevention of pollution of Bhavani River is to provide underground sewerage system to Mettupalayam Municipality. The Under Ground Sewerage Scheme works have been split into 3 packages. For Package I and II work order has been issued on 09.04.2018 and 52.5% of the Distribution lines works have been completed. For Package III work order has been issued on 16.08.2018 and 56% of the Sewerage Treatment Plant works have been completed. Under Ground Sewerage Scheme has been sanctioned in order to prevent the pollution of River water Bhavani. After the completion of the project the pollution of Bhavani River Water by Mettupalayam Municipality will be arrested. Hence, once the project is completed, shifting of water lifting head works station to the upstream of River Bhavani will not be required.
It was also informed that the present Mettupalayam Municipality Water Pumping Station is located at upstream of Mettupalayam Town (Latitude - 11.307431, Longitude 76.922314). There are no major sewage outfalls before the pumping station. Two industries are located before the pumping station namely
1. M/s. ITC Limited Paper Boards and Speciality Papers Division, Unit: Kovai, Thekkampatty Village and
2. M/s. Sharadha Terry Products Ltd., Dyeing Division, Thekkampatty Village.
M/s. ITC Limited Paper Boards and Speciality Papers Division, Unit: Kovai is located at a distance of 3 km from River Bhavani. The unit has provided Effluent Treatment Plant for the treatment of effluent generation and treated trade effluent is utilized for irrigation in their land.
29M/s. Sharadha Terry Products Ltd., Dyeing Division is located at a distance 800 m from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generation and treated effluent is recycled back to process and the unit is achieving ZLD.
Hence, there is no necessity to shift the Mettupalayam Municipality water pumping station to upstream region of River Bhavani once the Mettupalayam Municipality Under Ground Sewerage Scheme with STP is commissioned.
4.0 Summary, Remedial measures and Recommendations:
i. The analysis results of the River Bhavani water samples show the presence of Fecal coliform in all seven locations which confirm discharge of untreated sewage from the Local Bodies. All other parameters are within the standards which confirm that there is no industrial effluent contribution to the River Bhavani. ii. The analysis results of the samples collected from the drain of Mettupalayam Government Hospital, the parameters such as TSS, Oil and Grease, BOD and COD are not meeting the standards prescribed by TNPCB. This confirms the discharge of untreated liquid wastewater into public sewer which joins the River Bhavani. iii. Since, the Government Hospital has given an undertaking letter dated 11.03.2020 (Annexure 5) submitted to Chairman of the committee / District Collector, the Government Hospital, Mettupalayam may be directed to construct and operate the STP for the effective treatment of liquid waste water generated from the hospital before June 2021.30
iv. The Government Hospital Mettupalayam shall effectively utilize the existing disinfection system provided for disinfecting the liquid wastewater before discharging into public sewer.
v. TNPCB has issued show cause notice to the Government Hospital Mettupalayam for not meeting the standards prescribed by TNPCB for discharge of trade effluent into inland surface water body.
vi. The construction of UGSS and STP by the Mettupalayam Municipality shall be completed by June, 2021 as assured.
vii. Mettupalayam Municipality shall provide In-situ bioremediation techniques such as Phytoremediation, Constructed Wetlands and Microbial Bioremediation for wastewater treatment in drain as suggested by the CPCB immediately until the completion of underground sewerage scheme and STP.
viii. Mettupalayam Municipality shall also process and dispose the Municipal Solid Waste as per the Solid Waste Management Rules, 2016.
ix. Sirumugai Town Panchayat shall expedite the proposal of providing STP before December 2021. x. Sirumugai Town Panchayat shall provide In-situ bioremediation techniques such as Phytoremediation, Constructed Wetlands, Microbial Bioremediation for wastewater treatment in drain as suggested by the CPCB immediately until the underground sewerage scheme with STP is operational.
xi. Sirumugai Town Panchayat shall also process and dispose the Municipal Solid Waste as per the Solid Waste Management Rules, 2016.
xii. M/s. ITC Limited, Paper Boards and Specialty Boards Division, Unit: Kovai shall comply the orders of the 31 Hon'ble NGT (SZ), Chennai dated 21.05.2020in O.A. No. 26 of 2019and subsequent direction of TNPCB vide Proc.No.T1/TNPCB/F.0038/CBN/W&A/2020 dated 17.03.2020and to remit the environmental compensation.
xiii. The TNPCB shall monitor all the industries located on the banks of the River Bhavani to ensure that there is no discharge of untreated/treated effluent and sewage into River Bhavani. If any violations observed appropriate action shall be initiated against the defaulters. xiv. The committee decided not to levy Environmental Compensation (EC) for Government Hospital, Mettupalayam and Mettupalayam Municipality as they requested and submitted the commitment letter to complete the work in time. TNPCB was requested to follow up till the completion of the work."
5. It is seen from the report that there are a lot of violations committed by the Mettupalayam Municipality and also the Government Hospital Mettupalayam and some of the industries. It also seen from the report that the untreated sewage is being discharged into the Bhavani River which results in pollution.
6. It is also mentioned that Mettupalayam Municiplaity has undertaken to complete the underground sewage scheme and also establishment of STP and ETP for treating sewage so as to avoid untreated sewage being mixed with the water and complete the same before June 2021.
327. It is also seen from the report that there were certain directions given to the Government Hospital Mettupalayam to provide necessary STP and for underground sewage scheme, but there was no time limit provided for that purpose.
Though, some violations were found, they have dispensed with imposing environmental compensation against the municipality as well as the Government Hospital which in fact is against the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018, when the local bodies were directed to establish the STP's on or before 31.03.2020 and if it is not established, there is a slab provided for imposing compensation for every months default by the local bodies and directed the concern State Pollution Control Board to take steps to realize the amount from them. So, when such direction issued by the Principal Bench of National Green Tribunal, the committee is not expected to dispense with imposition of environmental compensation on the defaulting local bodies and also Government hospitals.
8. Further, there is nothing mentioned about furnishing any Performance Guarantee by the municipality as well as the Government hospital for complying with the direction given by the committee as well.
339. So under such circumstances, we direct the committee to re-
visit the question of compensation and also for giving a time line for the Government Hospital as well as Municipality including compliance of the directions and steps taken by them as short term method suggested by the committee to meet the situation and also fix the Performance Guarantee to be furnished by the Health Department as well as the Municipality for complying with the direction given for establishment of STP and completion of underground sewage system within the time line.
10. The committee is also directed to consider the question of remedial measures to be taken to reduce the contamination found in the river water with a short term and long term measure, fixing the responsibility of the person who has to carry out the same as well.
11. Two months time is granted to the committee to submit a further report on these aspects.
12. The Registry is directed to communicate this order to the members of the committee immediately by e-mail so as to enable them to comply with the direction.
3413. For consideration of report, post on 03.11.2020.
.....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.10, 18, 58 & 105/2017, 10th August, 2020. Mn.
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