National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of Tamil ... on 14 September, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.03 Court No: 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 257 of 2020 (SZ)
(through video conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on
The News item in the New Indian Newspaper, Dated
27.11.2020, " A Cooum in the making in Karur?".
Callousness of officials."
And
The Chief Secretary to Govt. of Tamil Nadu,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
....Respondent(s)
Date of Judgment: 14.09.2022
CORAM:
HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON‟BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5, R7 & R9
Mr. S. Sai Sathya Jith for R6
Mr. R. Purushothaman represented
Mr. P. Srinivas for R8
Mr. P. Jeyalakshmi for CPCB
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Justice K. Ramakrishnan, J.M. Dr. Satyagopal Korlapati, E.M. O.A. No. 257/2020(SZ)
14..09.2022. Sr. Item No. 03 Court No: 1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 257 of 2020 (SZ) (Through video conference) IN THE MATTER OF Tribunal on its own motion-SUO MOTU Based on The News item in the New Indian Newspaper, Dated 27.11.2020, " A Cooum in the making in Karur?".
Callousness of officials."
And
1. The Chief Secretary to Govt. of Tamil Nadu, Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600009
2. The Principal Secretary to Government, Public Works Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600009.
3. Principal Secretary to Government Health and Family Welfare Department, Secretariat, Fort St. George, Chennai 600 009.
4. The Secretary to Govt. of Tamil Nadu, Department of Environment & Forests, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600009
5. Additional Chief Secretary to Govt. of Tamil Nadu, Municipal Administration and Water Supply Department, Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600009
6. Tamil Nadu Pollution Control Board, Represented by its Chairman, No. 76, Mount Salai, Guindy, Chennai - 600 032
7. The District Collector, Karur District, Sh-874, First Floor Collector Office, Karur, Tamil Nadu 639 007,
8. The Municipal Commissioner, Karur Municipality Azad Road, Bunglaw Street, Karur, Tamil Nadu 639 001.
9. The Chief Engineer, P.W.D., W.R.O., Pollachi Region, Town Hall, Coimbatore 641 001. ...Respondent(s) For Applicant(s): By Court For Respondent(s): Dr. D. Shanmuganathan for R1 to R5, R7 & R9 Mr. S. Sai Sathya Jith for R6 Mr. R. Purushothaman represented Mr. P. Srinivas for R8 Mr. P. Jeyalakshmi for CPCB Judgment Reserved on: 18th August, 2022.
Judgment Pronounced on: 14th September, 2022 CORAM:
HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON‟BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above case was Suo Motu registered by this Tribunal on the basis of the newspaper report published in the New „Indian Express‟ dated 27.11.2020 under the caption "A Cooum in the making in Karur?"
2. It was alleged in the newspaper report that effluent from dyeing units and industries in Karur area were polluting Amaravathi River to such an extent that it could soon become second Cooum in the State. According to the news paper report, the Amaravathi River was one of the vital sources of water in Karur. It originates near the Manjampatti valley on the Kerala-Tamil Nadu border and the longest tributary of the river Cauvery. It is having a total length of 282 Km and flows through Tiruppur, Karur and joins the Cauvery near Thirumukkudalur. The river was being polluted heavily as dyeing units, textile industries and other industries were releasing their trade effluents without any treatment directly into the river. Apart from this, the Municipality was also contributing their part by letting sewage into the river without proper treatment. Though Public Works Department (PWD) who was in charge of maintaining the water bodies were also not keen in protecting the water bodies.
3. It was also alleged in the newspaper report that the industries were clandestinely making illegal canals into the river, so as to discharge their untreated effluents without proper treatment which they were not expected to do. It was also alleged in the newspaper report that it was not known as to who had given permission for such illegal activities. In spite of this being brought to the notice of the authorities, no steps were taken to remove the same as well. Further, the factories were dumping waste in that area which also causes lot of pollution and contamination of the river water. Karur Municipality was also not taking keen interest in implementing the Solid Waste Management Rules, 2016 in its letter and spirit in that area. Though complaints were made to the authorities, they were not taking any steps to resolve the issue permanently in the grievance of the public which was projected in the newspaper report.
4. At the time of hearing, it was also brought to the notice of this Tribunal that during 2012, there was a Writ Petition filed before the Hon‟ble High Court of Madras at Madurai Bench as W.P.(MD).No. 15295 of 2012 (Karur Mavatta Nilathadi Neer Pathugappu Maturm Sayakalival Pathikkapatta Vivasayigal Sangam Vs State of Tamil Nadu) and Hon‟ble High Court of Madras at Madurai Bench by Judgement dated 28.09.2016 directed the respondents no. 1 and 2 who were State of Tamil Nadu and the Commissioner, Karur Municipality to stop the discharge of drainage/sewage water into Amaravathi River within Karur Municipal limit. In spite of the direction, the illegal activities still continues was the further allegations made in the newspaper report.
5. Ongoing through the allegations made in the newspaper report and having been satisfied that there arose a substantial question of environment which required the interference of this Tribunal, as per order dated 15.12.2020, this Tribunal had admitted the matter and appointed a Joint Committee comprising of 1) the District Collector, Karur District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector, 2) a Senior Scientist from Central Pollution Control Board (CPCB), Regional Office, Chennai, (3) a Senior Officer from the Tamil Nadu State Pollution Control Board as designated by its Chairman, 4) a Senior Officer not below the rank of Superintending Engineer of Public Works Department and Water Resources Organisation (WRO) of that area and (5) the Municipal Commissioner, Karur Municipality to inspect the area in question and submit a factual as well as action taken report, if any violation is found, including assessment of environmental compensation for damage caused on account of any illegal activity resulting in pollution to the water in the river Amaravathi.
6. The committee was directed to (a) inspect the industries in that area and ascertain as to whether they were having proper Effluent Treatment Plant and adopting Zero Liquid discharge system and whether there are any illegal or unauthorised untreated discharge being made by any of the industries in that district to Amaravathi river so as to cause the pollution of the river water, (b) Whether there was any illegal discharge of untreated sewage from the municipal area to the river, (c) to ascertain the existence and functioning of any Effluent Treatment Plant (ETP), Sewage Treatment Plant (STP) and requirement of a Common Effluent Treatment Plant (CETPs) in that area and its operation level as to whether it meets all the norms by testing the effluents for inlets and outlets being treated by these industries and if there was any violation found, what was the nature of action proposed to be taken against such industries, (d) to ascertain as to whether Karur Municipality was complying with the provisions of the Solid Waste Management Rules, 2016 in its letter and spirit in disposing the waste generated including the sewage and whether there was any illegal discharge of such things into the river which causes pollution and whether the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 have been complied with (e) to test the water quality of the river in respect of all criteria‟s including the presence of heavy metals, Total Coli form (TCL) and Faecal Coli form (FCL) apart from ascertaining the quality of water in the river and if there is any contamination found, ascertain the source and suggest necessary steps to be taken for removing the contamination and make the water to the potable level, (f) to suggest the proposed action to be taken against the erring units and on that basis the regulating authorities were directed to take steps against such units, so as to prevent such illegal activities being continued in that area.
7. The Central Pollution Control Board (CPCB), Regional Office, Chennai was designated as the nodal agency for co-ordination and also for providing all necessary logistics for this purpose.
8. As per order dated 22.02.2021, this Tribunal had directed the 8th respondent/Municipal Commissioner, Karur Municipality to furnish the details of the Writ Petition W.P. No. 17508 of 2020 (if any) pending before the Hon‟ble High Court of Madras at Madurai Bench which was said to have been Suo-Motu taken on the basis of the same newspaper report, the directions (if any) issued therein and the reports (if any), submitted by any of the authorities in that Writ Petition and any directions have been issued on the basis of the report submitted by the authorities in that matter, so as to enable this Tribunal to consider those aspects also while disposing the matter finally and directed the Joint Committee as well as the official respondents to file their respective reports.
9. When the matter was taken up on 12.04.2021, this Tribunal had considered another newspaper report wherein, the directions given by the Hon‟ble High of Madras at Madurai Bench as W.P. (MD) No. 15295 of 2012 by Judgement dated 28.09.2016 the State of Tamil Nadu and the Commissioner, karur Municipality to stop the discharge of sewage water to Amaravathi River within karur Municipal limit and in spite of that direction, no effective steps have been taken.
10. This Tribunal also considered the report submitted by the Commissioner, Karur Municipality dated 23.03.2021, e-filed on 09.04.2021 wherein they have admitted that they lack facilities for treating the sewage that has been generated in Ward Nos. 33 to 48 of Karur Municipality and though requests had been made to the Public Works Department for allotting certain areas for the purpose of establishment of Sewage Treatment Plant (STP), no reply had been received from them so far. As regards, the implementation of Solid Waste Management Rules, 2016 is concerned, they had commenced Bio-Mining on 22.02.2020, and it is in the process and they have almost completed 80% of the disposal of accumulated waste. They had also admitted that there was already an existing Sewage Treatment Plant (STP) with a capacity of 15 MLD, but they were getting sewage for treatment to the extent of only 6.50 MLD which was being used for collecting and treating the sewage generated from Ward No. 1 to 32 of that Municipality. But they have not mentioned anything about method adopted by them for collecting the same from Ward No. 33 to 48 which were earlier part of two independent local bodies, which were later merged with karur Municipality as early as on 2011. Thereafter this Tribunal had passed the following order:-
" They have not mentioned as to whether any steps had taken by them to have the Underground Sewage facility for these wards to connect the sewage water to the existing STP, so that it can be used at its optimum level which will to some extent resolve the issue.
They have not mentioned about even such feasibility has been considered by them in the report and they are only now intending to have a new STP for this area for which they are not having any land and they want some assistance from the Public Works Department (PWD) for this purpose. Under Rule 12 of the Solid Waste Management Rules, 2016, the District Collector has got some responsibility to supervise the implementation of the Solid Waste Management Rules in their respective area and if it is not being implemented in its letter and spirit, they are also expected to give certain guidelines as to how that have to be implemented effectively and render all help in respect of locating the area for providing waste management facility or for providing establishment of STP etc. It is not known though such a situation is prevailing in that Municipality since 2011, what are the effective steps taken by the District Administration in this regard. The District Administration is also directed to file an independent report regarding the steps taken by the District Collector as is responsible under the Solid Waste Management Rules, 2016 and whether if there is any scheme launched for protecting the Amaravathy River and if so, what is the stage of its implementation of that scheme and what is the nature of action taken by the District Administration against the persons who are responsible for discharging untreated industrial effluents and also sewage into the river causing contamination of River water.
We have also received an e-mail from the Central Pollution Control Board (CPCB) seeking four weeks time for submitting the report.
So considering the circumstances, we feel that some more time can be granted to the committee as well as well as the other respondents to submit their report as well as their independent response regarding the allegations made in the newspaper report and action taken from their side on or before 25.05.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
The Karur Municipality is also directed to file a further status report regarding the implementation of the Solid Waste Management Rules, 2016 and also study if any conducted regarding the feasibility mentioned by this Tribunal in the earlier paragraphs to resolve the issue in respect of the Ward No. 33 to 48 of Karur Municipality before the next hearing date.
11. The matter was taken up again on 25.05.2021 and on that day, this Tribunal had considered the report submitted by the 6th respondent/Tamil Nadu Pollution Control Board signed by the officer on 22.04.2021, e-filed on 26.04.2021. This Tribunal also considered the report submitted by the Joint Committee dated 20.05.2021, e-filed on 22.05.2021 wherein they have given the summary of the findings, field observations and suggestions as follows:-
Summary of Joint committee findings based on the Field observations:
I. All 68 textile processing units in Karur area have established ZLD system and no discharge of trade effluent either treated or untreated is allowed. II. The joint committee surveyed the eleven km Karur stretch of River Amaravathy starting from Check Dam, Andankoil -Upstream of Karur town to Sanapiratti village near Old Dindugal Water supply scheme - Downstream of Karur town and did not notice any illegal or unauthorised untreated discharge being made by any of the industries into the River Amaravathy.
III. From the Analytical Test Report of river water, the joint committee has inferred that the river is meeting the Designated Best Use criteria notified by CPCB. From the parameters namely Colour, TDS, FDS, BOD and heavy metals, the joint committee is ruling out the contamination of any trade effluent. The presence of Faecal Coliform in the river water reveals that there is the possibility of inception of Domestic effluent. IV. The Test Report of river water revealed that the Amaravathy River water is fit for drinking use with conventional treatment and bathing purposes in Karur stretch.
V. The joint committee has inspected the site in question and made the enquiry. On enquiry, the joint committee came to know that the canal was made to partially divert the river water from one bank to another bank to the temple padikattuthurai (Bathing Ghat), by the nearby temple trust on occasion of Kumbhabhishekam festival performed at Vanjileeswar Temple, Bramma thertham Road, Karur during last week of Nov-2020 for the convenience of devotees. Circumstantial evidences substantiate the above claim and Committee did not find any abnormalities in that area other than the above stated facts.
VI. In light of above, the joint committee did not assess any Environmental Compensation for damage caused on account of any alleged illegal activity resulting in pollution to the water in the river Amaravathy.
VII. All CETPs in Karur area were closed way back in 2011-2012. At present none of the CETP is in operation. Only removal of accumulated sludge stored in polythene bags is going on depends on thecapacity of co-processing unit.
VIII. All the units having ETP alone and failed to establish the ZLD system were closed way back in 2011-2012. Therefore, no standalone ETP is in operation.
IX. Out of 48 wards in Karur Municipality limit, Ward no. 1 to 32 are covered under UGD scheme except the newly developed areas. The sewage (Black water) from these areas is channelized to Sewage Treatment Plant (STP), where it is treated partially. The treated sewage is discharged into the nearby irrigation canal. From the canal, the treated sewage is utilised for irrigation by the farmers.
X. In case of balance 16 wards and newly developed area, the sewage is directly discharged into the River Amaravathy (Left bank) and storm water drain (Right bank). It is reported that from storm water drain, it is utilized for irrigation by the nearby farmers. All storm water drain on right bank, has provision of shutters to discharge the sewage into River Amaravathy for emergency use. It is reported that during flood time only the shutter will be opened.
XI. Wet waste from the households in Karur Municipality is collected at door step in a segregated at source manner on daily basis. Wet (Bio- degradable) waste is collected daily. The wet waste is shredded and composted in twelve Micro Compost Centres. Further improvement is required.
XII. Food, Vegetable and fruit waste are grinded into slurry form and fed into Bio-Methanation plant for Anaerobic digestion to produce bio-gas. The bio gas so produced is used in operating the equipment and lighting installed at Integrated Solid Waste Management facility.
XIII. Bulk waste generators are treating their waste on their own.
XIV. Dry waste is collected twice in a week. Fresh dry waste is transported to Integrated Solid Waste Management Facility for materials recovery by handpicking and gravity separation through mechanical screening. Recyclables are handpicked and sold off to scrap dealers. Non recyclables and combustibles (RDF) is forwarded for co-processing. Inert is forwarded to C&D waste storage yard for safe storage and disposal for land filling.
XV. Bio-mining of Legacy waste is under process.
But failed to provide pollution control measures and devices to check the fugitive and source emission Suggestions of the Committee:
The Joint Committee proposed following actions to be taken by Tamilnadu Pollution Control Board and Karur Municipality to prevent illegal discharges and inception of sewage & garbage into river Amaravathy:
TNPCB may be directed to Continue the constant and continuous vigil and monitoring mechanism of all water polluting industries in Karur area and ensure the Zero Liquid Discharge. Continue the constant vigil on Karur river stretch for any illegal discharges into the river Amaravathy by deploying patrolling in order to prevent any occasional discharge too.
Continue the monthly monitoring of River Amaravathy and assess its qualityfor any deterioration.
Karur Municipality may be directed to stop discharging the untreated sewage into the river Amaravathy immediately and to take necessary steps to channelize the grey water from UGD covered area and sewage from uncovered UGD area to STP so as to treat the same Take sincere efforts to operate the Sewage Treatment Plant in a more efficient and scientific manner and should be managed professionally.
take sincere efforts to operate the Micro Compost Pit in a more professional manner and make additional facilities to mix the bulking agent to the shredded wet (Bio- degradable) waste so as to maintain the particle size and Oxygen level, hard surface Pad to dry the compost, Sieve to screen the compost & not fully converted compost, storage yard for storing the compost and the facility to recycle the not fully converted compost. to provide the hard surface pad for process & utility area & all approach roads and wind breaking walls to contain the fugitive emission at Bio-mining site.
Create awareness among general public to keep the unsoiled polythene bags safe, storing it and hand over the same in bulk preferably in Bundle form to the sanitary workers so as to simplify the stress on its management.
Develop Miyawaki forest as planned without fail in the reclaimed land to the tune of 13.68 acres, after completion of bio-mining.
By considering all the above facts, the Hon'ble National Green Tribunal may pass appropriate Order(s)/Direction(s) as deemed fit."
12. Thereafter, this Tribunal had passed the following order:-
7. It is seen from the reports submitted by the Joint Committee as well as the Pollution Control Board that no industrial effluent is being discharged into the Amaravathi River and water quality in the river meets the inland surface water quality and most of the pollution that is being caused on account of the untreated sewage being discharged into the river.
8. As regards the implementation of the Solid Waste Management Rules, 2016, it was revealed from the earlier report submitted by the Karur Municipality that they have started the bio-mining process for disposal of the existing legacy waste and 80% of the legacy waste was disposed of. But they have not mentioned anything about the present status and they have also not filed any report regarding the gaps found by this Tribunal in the earlier report submitted by the Karur Municipality. Further, it appears from the report that water samples were taken from the nearby areas of the industry alone and not from the areas that has been pointed out in the newspaper report.
9. It is also mentioned in the newspaper report that the people in the locality had stopped the earth mover which was digging the channel inside the river to channel waste water from the nearby industries and in spite of the opposition, the digging resumed.
Neither the Karur Municipality nor the Public Works Department (PWD) officials had looked into the matter and submitted any report regarding the allegations made in the newspaper report in this regard.
10. The committee that has been appointed by this Tribunal also did not go into the question as to whether any internal illegal channels have been provided from any of the industries to discharge their sewage into the river without treating the same. So under such circumstances, we feel it appropriate to direct the Tamil Nadu Pollution Control Board and the committee to consider these aspects as well and submit a detailed report regarding the specific allegations made of making illegal channels from the nearby industries for discharging their sewage or other industrial effluents illegally at the place pointed out in the newspaper report.
11. They are also directed to ascertain the location of the area which is covered by the photograph mentioned in the newspaper report and ascertain as to whether allegations made by them in this regard are correct or not and if it is correct, what is the nature of action taken by the authority to prevent such illegal activities.
12. The Public Works Department (PWD) is also directed to file an independent report regarding the mechanism provided by them to protect Amaravathi River from pollution and encroachment. The Karur Municipality is also directed to submit a detailed report regarding the steps taken by them for implementing the recommendations made by the committee to be carried out from their side to avoid discharge of untreated sewage from Ward No.33 to 48 which were subsequently included in their municipality in respect of which no sewage treatment facilities have been provided.
13. The committee as well as the concerned departments are also directed to file their independent statement and also the compliance report as directed by this Tribunal on or before 28.06.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
14. The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board, Public Works Department, Karur Municipality apart from informing the same to the Chief Secretary, State of Tamil Nadu, Principal Secretaries of Environment, Public Works Department & Water Resource Organization and Irrigation by e-mail for their information and compliance with the directions."
13. The matter was again taken up on 28.06.2021 and on that day, this Tribunal had considered the report submitted by the 8th respondent/Karur Municipality dated 24.06.2021, e-filed on 28.04.2021, wherein they have mentioned about the following steps taken up filing the earlier reports. Thereafter, this Tribunal had passed the following order:-
"3. It is seen from the report of 8th respondent that the legacy waste which was lying in the dumpyard has been processed fully and the gap observed in the bio-degradable plant will be rectified for which they require time up to September, 2021. The Learned Counsel appearing for State Department submitted that Public Works Department had tried to e-file the report but due to some defect in the system same could not be done, so the report has been e-mailed but the office informed that the same has not been received even on e-mail. The Learned Counsel for the State Department has undertaken that they will rectify the defect, if any, and then e-filed the report, if some time is granted. Smt. Jayalakshmi appearing for Central Pollution Control Board submitted that due to non-availability of some of the members, inspection could not be completed and they want further two months time.
4. It may be mentioned here that the only question for consideration is whether recommendations and gap found by the Committee, implementation of the recommendation to rectify the same by the respective departments and that will have to be ascertained by the Joint Committee. If some of the members are not available due to illness or other reasons they can depute some other officer in their place for that purpose and then collect the data and submit the report. The Tamil Nadu Pollution Control Board has not come up with any independent report as directed. So under such circumstances, we feel some more time can be granted to the Joint Committee as well respondents to submit their respective reports as directed in earlier orders. The 8th respondents is also directed to submit the further progress report to this Tribunal on or before 18.08.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
5. The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board, Public Works Department, Karur Municipality apart from informing the same to the Chief Secretary, State of Tamil Nadu, Principal Secretaries of Environment, Public Works Department by e-mail for their information and compliance with the directions.
14. The matter was taken up on 13.09.2021 and on that day, this Tribunal had considered the further compliance report submitted by the Joint Committee dated 17.08.2021, e-filed on 24.08.2021 and extracted in Para (3) of the order which reads as follows:-
Compliance Report by Joint Committee in compliance with the Order dated 25.05.2021 & 28.06.21 of Hon'ble NGT (SZ), Chennai in the O.A. No.257 of 2020 (SZ) in the matter of Tribunal on its own motion Suo Motu based on news item in The New Indian Express Newspaper dated 27.11.2020, "A Cooum in the making in Karur?" Vs The Chief Secretary & others.
In compliance with the orders dated 22.02.2021 & 12.04.2021 of the Hon'ble National Green Tribunal, (Southern Zone) in the O.A. No.257 of 2020 in the matter of Tribunal on its own motion Suo Motu based on news item in The New Indian Express Newspaper dated 27.11.2020, "A Cooum in the making in Karur?" Vs The Chief Secretary & Others., the Joint Committee has e-filed the report dt. 20.05.2021 before the Hon'ble National Green Tribunal, Southern Bench, Chennai.
The matter came up for hearing on 25th May, 2021 through video conference and subsequently, Hon'ble National Green Tribunal (Southern Zone) has issued the following directions vide Order dated 25.05.2021 and subsequently on 28.06.2021:
It is seen from the reports submitted by the Joint Committee as well as the Pollution Control Board that no industrial effluent is being discharged into the Amaravathy River and water quality in the river meets the inland surface water quality and most of the pollution that is being caused on account of the untreated sewage being discharged intothe river.
As regards the implementation of the Solid Waste Management Rules, 2016, it was revealed from the earlier report submitted by the Karur Municipality that they have started the bio-mining process for disposal of the existing legacy waste and 80% of the legacy waste was disposed of. But they have not mentioned anything about the present status and they have also not filed any report regarding the gaps found by this Tribunal in the earlier report submitted by the Karur Municipality. Further, it appears from the report that water samples were taken from the nearby areas of the industry alone and not from the areas that has been pointed out in the newspaper report.
It is also mentioned in the newspaper report that the people in the locality had stopped the earth mover which was digging the channel inside the river to channel waste water from the nearby industries and in spite of the opposition, the digging resumed. Neither the Karur Municipality nor the Public Works Department (PWD) officials had looked into the matter and submitted any report regarding the allegations made in the newspaper report in this regard The committee that has been appointed by this Tribunal also did not go into the question as to whether any internal illegal channels have been provided from any of the industries to discharge their sewage into the river without treating the same. So under such circumstances, we feel it appropriate to direct the Tamil Nadu Pollution Control Board and the committee to consider these aspects as well and submit a detailed report regarding the specific allegations made of making illegal channels from the nearby industries for discharging their sewage or other industrial effluents illegally at the place pointed out in the newspaper report.
They are also directed to ascertain the location of the area which is covered by the photograph mentioned in the newspaper report and ascertain as to whether allegations made by them in this regard are correct or not and if it is correct, what is the nature of action taken by theauthority to prevent such illegal activities. The Public Works Department (PWD) is also directed to file an independent report regarding the mechanism provided by them to protect Amaravathy River from pollution and encroachment. The Karur Municipality is also directed to submit a detailed report regarding the steps taken by them for implementing the recommendations made by the committee to be carried out from their side to avoid discharge of untreated sewage from Ward No.33 to 48 which were subsequently included in their municipality in respect of which no sewage treatment facilities have been provided.
The committee as well as the concerned departments are also directed to file their independent statement and also the compliance report as directed by this Tribunal on or before 28.06.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
And subsequently vide Order dated 28.06.2021
4. It may be mentioned here that the only question for consideration is whether recommendations and gap found by the committee, implementation of the recommendation to rectify the same by the respective departments and that will have to be ascertained by the Joint Committee. If some of the members are not available due to illness or other reasons they can depute some other officer in their place for that purpose and then collect the data and submit the report. The Tamil Nadu Pollution Control Board has not come up with any independent report as directed. So under such circumstances, we feel some more time can be granted to the Joint committee as well respondents to submit their respective reports as directed in earlier Orders. The 8th respondents are also directed to submit the further progress report to this Tribunal on or before 18.08.2021 by e-filing in the form of Searchable PDF/OCR Supportable pdf and not in the form of image pdf along with necessary hardcopies to be produced as per Rules.
The copy of the said Orders is submitted at Annexure - 1 & Annexure - 2.
2.0 Meeting of Joint Committee:
In pursuance to the above directions of Hon'ble Green Tribunal, Southern Bench, Chennai, the Joint Committee had its meeting on 12th July, 2021 through VC and deliberated the issues in line with the Order. During the VC, all the members of the joint committee have mutually agreed to carry out the field visit on 23rd July, 2021.
As mutually agreed upon in the VC, all the members of the joint committee had attended the meeting at the chamber of District Revenue Officer, Karur on 23rd July, 2021 at 1030 AM and deliberated the issues, point wise in line with the Order of Hon'ble Green Tribunal and finalised the field visit accordingly.
3.0 Joint inspection of the Committee:
After the meeting, the joint committee first visited the Brahmatheertham padikattu thurai, near Vanchaleeswarar Temple and re inspected the spot mentioned in the newspaper report and found that the raw/untreated sewage from nearby residential areas particularly Andankoil East Panchayat and AVS - AVR Colony area are discharged into the River Amaravathy. The untreated sewage is not getting mixed with the river water, however, it is stagnated on the side of riverbed in a pool of about 100ft wide. One sample of waste water has been collected from river bed at the place that has been pointed out in the newspaper report and sent for analysis. The analytical test report of the same is submitted at Annexure - 3. Last time, the samples were collected from the discharges (Municipal drain) directly from Periyar Nagar, Periandan Koil (Andankoil East Panchayat) and AVS-AVR Colony just before discharge into the river, whereas this time, the wastewater sample was collected from river bed after discharged into the river. On upstream of the place that has been pointed out in the newspaper report, the river shifts its flow from Left bank to Right bank, on its own natural course of the flow. The analytical test results of wastewater samples collected from the riverbed is given below:
Analytical Test Results of wastewater samples from riverbed collected from the place that is pointed out in the newspaper report Standards for S.No. Parameters the discharge of Compliancestatus Test Results treated sewage
1. pH 7.36 6.5 - 9.0 Compliedwith 2. Total Suspended Solids 16 100 Not complied 3. BOD 3 days at 27oC 88 30 with
4. Total Dissolved Solids 1084 NN NA 5. Chemical Oxygen 304 Demand NN NA
6. Dissolved Oxygen 1.1 NN NA
7. Ammonical Nitrogen 25.2 NN NA
8. Total Nitrogen 0.2 NN NA
9. Residual Sodium -Ve Carbonate (RSC) NN NA
10. Sodium Absorption 7.15 Ratio (SAR) NN NA Analysis not
11. Fecal Coliform carried out since < 1000 NA MPN/100 ml facility is not available Note.: All values are in mg/l except pH, RSC & SAR. NN - Not notified. NA - Not applicable The test results of the wastewater collected from the river stretch has been compared with the Standards of treated sewage for discharge since the sample is a mixture of wastewater and untreated sewage.
The BOD & COD value of the sample indicates considerable Organic load. The TDS value of 1084, which is higher than that of surface water and more or less equal to that of groundwater. During the field visit, it was observed that the wastewater was grey in colour with black tinge. Thus, the results indicate that the water may be the mixture of wastewater and untreated sewage from nearby areas.
The joint committee found that two industries are located near to the place pointed out in the newspaper report and on the left bank of the river. The unit named "M/s. Jose Colours" is not in continuous operation for the past three months due to COVID-19 lock down. Direction for closure of the unit and disconnection of power supply has been issued to another unit "M/s. Asi Colours" by TNPCB, on account of the shortfalls observed by the Committee constituted by TNPCB in compliance with the Order dated 25th May, 2021 of Hon'ble NGT, Southern Bench, Chennai. Inspection Report of both the units is submitted at Annexure - A4 & A5. Copy of the Closure Order is submitted at Annexure - A6 & A7. The units are under surveillance of TNPCB.
The joint Committee inspected the STP located at Village Panchamadevi and found that the STP was in operation. Three samples were collected from STP and sent for analysis. One sample of Inlet and outlet has been collected. Sample from aeration tank was collected for DO & MLSS. The Analytical Test Report issubmitted at Annexure - 8. The test results are submitted below:
Analytical Test Results of samples collected from STP Standardsfor S.No. Parameters Inlet toSTP STP the dischargeof Compliancestatus treated Outlet sewage
1. pH 7.33 7.56 6.5 - 9.0 CW
2. Total Suspended Solids 52 16 100 CW
3. BOD 3 days at 27oC 236 95 30 Not CW
4. Chemical Oxygen Demand 544 232 NN NA
5. Ammonical Nitrogen 30.8 19.6 NN NA
6. Total Nitrogen 0.5 0.29 NN NA
7. Residual Sodium Carbonate (RSC) -Ve -Ve NN NA
8. Sodium Absorption Ratio (SAR) 7.67 6.92 NN NA
9. Fecal Coliform Not carried out MPN/100 ml since facility is not < 1000 NA available
10. Aeration tank - Dissolved Oxygen - 1.3 All values are in mg/l except pH, RSC, SAR & Fecal Coliform. NN - Not notified.CW - Complied with.
Results indicate that STP failed to comply with prescribed standards with respect to primary parameter that is BOD. It was found that pH and TSS were complying with the Standards, whereas reduction is BOD observed at only 60%. To improve the BOD removal, the level of DO, MLSS and FM ratio shall be maintained as per the design of STP. Therefore, further improvement is requiredto comply with the Standards as well as to achieve the BOD level of 20mg/l as per the design.
Point wise compliance report of Joint Committee:
Water samples were taken from the nearby areas of the industry alone and not from the areas that has been pointed out in the newspaper report. The joint Committee had found that drain carrying the untreated sewage, from nearby residential areas particularly Andankoil East Panchayat and AVS-AVR colony area are discharged into River Amaravathy, at the place that has been pointed out in the newspaper report. The untreated waste water was found stagnated on the banks at stretch of about 100 feet. Since it is stagnated one, the committee avoided the sampling of waste water from the river bed earlier, thinking that it will misguide. It was therefore decided to collect sewage samples from the drain directly in order to get the represented one. This time the Committee collected the sample from the river bed itself at the place that has been point out in the newspaper report. Analytical Test report is submittedat annexure - 3. The results are discussed at the Chapter - 3.
Whether any internal illegal channels have been provided from any of the industries to discharge their sewage into the river without treating the same The joint committee did not find any illegal channels provided by the industryto discharge their sewage into the river without treating the same.
Specific allegations made of making illegal channels from the nearby industries for discharging their sewage or other industrial effluents illegally at the place pointed out in the newspaper report The Joint committee did not find any illegal channels made by nearby industries to discharge their sewage or other industrial effluents illegally at the place pointed out in the newspaper report. Two industries are located near to the place pointed out in the newspaper report and on the left bank of the river. One unit "M/s. Jose Colours" is not in operation for the past three months due to COVID-19. Direction for closure of the unit and disconnection of power supply has been issued to another unit "M/s. Asi Colours" by TNPCB, on account of the shortfalls observed by the Committee constituted by TNPCB in compliance with the Order dated 25th May, 2021 of Hon'ble NGT, Southern Bench, Chennai. Inspection Report of both the units is submitted at Annexure- A4 & A5. Closure Order is submitted at Annexure - A6 and powerdisconnection Order is submitted at Annexure - A7.
Ascertain the location of the area which is covered by the photograph mentioned in the newspaper report and ascertain as to whether allegations made by them in this regard are correct or not and if it is correct, what is the nature of action taken by the authority to prevent such illegal activities. The location of the area which is covered by the photograph mentioned in the newspaper report is around 100 meters away from the Brahmatheertham padikattu thurai, near Sri Vanchaleeswarar Temple and on upstream of the river(On western direction).
The river changes its own course of flow from left bank to right bank at the upstream of the place pointed out in the newspaper report. The temple trust has planned and made a channel along the left bank in order to divert the part of river water to Padikattu thurai for the ceremony related to Kumbhabhishekham festival at Sri Vanchaleeswarar temple and the convenience of devotees. PWD has inspected the spot, enquired the same and issued a show cause notice to the Trust, when the matter came to their knowledge. Copy of the Show Cause Notice is placed at A9. The channel was not made by ULB, PWD or any other industry fordischarge of their effluents.
On seeing the JCB digging the channel in the river, local people had started objecting it and agitated. When they came to know that the work was being carried out by the Temple Authority for the purpose of temple festival, they stopped the agitation.
Whether recommendations and gap found by the Committee, implementation of the recommendation to rectify the same by the respective departments and that will have to be ascertained by the Joint Committee.
On interaction with the Karur Municipality, they have accepted the recommendations of the Joint Committee and just initiated the steps in line with the recommendations. At this stage, the joint committee find difficulties in analysing the gaps and ascertain the following facts:
Compliance status of Sewage management:
Detailed Project Report (DPR) for rejuvenation of the Sewage Treatment Plant (STP) at an estimate of 7.5 crores is under process by Public Works Department(PWD), Water Resources Department (WRD), Project formulation division, Trichy.
In order to prevent the untreated sewage being discharged into River Amaravathy from the leftover areas of Karur, Imam Karur and Thanthoni & Sanapiratty, where UGSS scheme is feasible, work for underground sewerage line, collection well with mechanical pumping to existing STP at four places is under process. For which Karur Municipality has received the letter for joint inspection from WRD, FMP has been collected from Revenue department and joint inspection has to be carried out along with Revenue Department. Where ever UGSS scheme is not feasible, Decentralized Wastewater Treatment System at five places is proposed and the work is in progress. From the Test Report of STP, it is observed that there is some improvementof DO, MLSS and BOD reduction. Still further improvement is required in maintaining the DO, MLSS and FM ratio so as to achieve the designed BOD value of 20 mg/l and further comply with the Standards.
Compliance report of Solid waste management:
S.No. Gaps observed by the joint committee Compliance status Mixing of bulk agent with shredded wetwaste at Micro
1. Compost Centre. Complied with Rotary screen to screen the Compost and partially composted
2. materials at Micro Compost Centre. Provided Using partially composted materials as bulkagent at Micro Instructions have beenissued
3. Compost Centre.
Tender process is goingon
4. Hard surface pad to dry the compost Places are identified andearmarked
5. Provision for storing compost
6. Maintenance of stock register for Compost Started Maintaining Compliance status of Bio-Methanation Plant:
Gaps observed by the jointcommittee S.No. Compliance status
1. Leak in rubber gas bladder Leak in the bladder has been arrested It is proposed to install a gas holdermade of Poly
2. Gas Holder Urethane.
Compliance status of Legacy Waste:
Gaps observed by the jointcommittee S.No. Compliance status Bio-mining of Legacy A quantity of 1,41,731 cubic meters ofLegacy waste has
1. waste at Eastern yard been processed fully.
Forwarded the RDF for co-processing and thus completed
2. Co-processing of RDF the Bio-mining ofLegacy waste at Eastern Yard Out of 65,000 Cubic meters legacy waste, one third quantity
3. Bio-mining of Legacy is bio-mined and the bio-mining process is going on.
waste at Western yard Protection measures to be provided by PWD-WRD:
The following measures are proposed by PWD-WRD to protect the River Amaravathy in compliance with the Hon'ble NGT Order:
Based on the request by Karur Municipality for allotment of land adjacent to River Amaravathy to establish STP, the department has identified the same and communicated to the ULB. Accordingly, FMP of the area has been collected by ULB from Revenue Department. These identified lands should be inspected jointly by ULB, PWD and Revenue Department. For which a letter has been sent to Revenue Department by the Assistant Executive Engineer, PWD, Amaravathy Basin Sub Division No.:4 WRD, Karur. After the joint inspection, proposal will be submitted in accordancewith the Rules in force for transfer of land to ULB.
Whenever reports of encroachments are received or observed during inspection, immediate notices are being issued to the encroacher concerned to evict the same. Eviction is carried out in co-ordination with Revenue and Police Department, if necessary.
WRD is planning an approach road along the River Amaravathy on both the sides from Chettipalayam to Karur town limit for regular patrolling and to have a quick access to the river for emergency response. For which, a field study is proposed.
Here, the joint Committee recommends, a green belt of Miyawaki forest in strip type of suitable width as feasible along the River Amaravathy on both the sides in between river bank in full level and approach road for a wide range of benefits.
By considering all the above facts, the Hon'ble Tribunal may pass appropriate Orders(s)/Directions(s) as deemed fit in this case.
15. The Karur Municipality also filed a report dated 16.08.2021, e-filed on 01.09.2021 which is more or less in tune with the Joint Committee report regarding the compliance of the recommendations made in the earlier report., thereafter, this Tribunal had passed the following order:-
"5.It is quite unfortunate that in the water analysis report submitted by the Joint Committee of which Central Pollution Control Board and Pollution Control Board are parties, they have mentioned that they could not furnish details of total coliform or faecal coliform in the water analysis report as no facility is available to measure the same.
We are receiving number of reports filed by the Tamil Nadu Pollution Control Board as well as Central Pollution Control Board whenever water quality is being directed to be analyzed by them in which they used to mention about the presence of coliform and they used to mentioned that huge level of coliform presence shows the discharge of untreated sewage into the water bodies. Therefore, they are not expected to file such report before this Tribunal especially when this Tribunal wants to ascertain the quality of water and the source for contamination and the remedial measures to be taken to re-solve the issue. Further, it is also seen in the Joint Committee report that "The untreated sewage is not getting mixed with the river water, however, it is stagnated on the side of riverbed in a pool of about 100ft wide". They have not mentioned as to whether this will have any impact on the water quality due to percolation of this stagnated sewage water into the ground and affecting the water quality in the river bed. Further they have mentioned that the BoD is not in conformity with the standard provided. They have not mentioned what is the reason for non-complaince of standards prescribed for BoD in the water and what is the source of the contamination as well. But ultimately, they gave a report that the result indicate that the water may be the mixture of waste water and untreated sewage from the nearby areas.
6. It is also seen from the report that a water channel was constructed by the Sri Vanchaleeswarar temple during Kumbhabhishekham festival season and a show cause notice had been issued and what is the nature of further action taken pursuant to the show cause notice is also not clear from the report. Regarding the status of sewage treatment plant is concerned, it is not clear as to whether the same has been completed or not. As regards, bio-mining is concerned, it is mentioned that there is still 65,000 cubic meter legacy waste lying on the western yard out of which one-third was bio-mined and remaining is under progress but in both the reports they have not mentioned as to when bio-mining process on the western yard will be completed.
7. It is also seen from the report that for the purpose of establishment of STP in River Amaravathy, the PWD had identified the land and it appears the same is likely to be established in the river bed of Amaravathy. It is not known as to whether the area has been identified beyond the floodplain of the river so as to avoid inundation of the STP during monsoon season when the water flow is high in the river. It is also to be noted that no STP can be established in the river bed at any rate. This must be taken note of by PWD, District Administration as well as Karur Municipality, when such allotment is proposed to be made to the Karur Municipality for this purpose.
8. When this was pointed out the Learned Counsel appearing for the State Department, Central Pollution Control Board and Tamil Nadu Pollution Control Board submitted that they will come with the further proper report before this Tribunal. The Committee is also directed to ascertain what is the recommendation that they intend to suggest to avoid stagnation of sewage water near the river bed which appears to be one of the reason for the water quality being affected as noted by the Committee, though not satisfactorily to the satisfaction of this Tribunal. The Committee is directed to give their suggestions as to how this can be avoided and how this can be resolved by diverting the same to some other place from where it can be taken to the STPs available for treatment. They are directed to submit the respective reports to this Tribunal on or before 22.10.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
9. The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board, Public Works Department, Karur Municipality apart from informing the same to the Chief Secretary, State of Tamil Nadu, Principal Secretaries of Environment, Public Works Department and Additional Chief Secretary for Municipal Administration and Water Supply by e-mail for their information and compliance with the directions.
16. The Central Pollution Control Board had filed a Joint Committee report dated 18.11.2021, e-filed on 20.11.2021 which reads as follows:-
I Preamble Hon‟ble NGT registered Suo Motu case based on the newspaper report published in the New Indian Express, dated 27.11.2020 under the caption "A Cooum in the making in Karur?". It is alleged in the newspaper report that effluent from dyeing units and industries in Karur area are polluting Amaravathi River to such an extent that it could soon become the second Cooum in the State. According to the newspaper report, the Amaravathi River is one of the vital sources of water in Karur. The river is being polluted heavily as dyeing units, textile industries and other industries are releasing their trade effluents without any treatment directly into the river. Apart from this, the Municipality is also contributing their part by letting sewage into the river without proper treatment. In order to ascertain the genuineness of the allegations made in the paper report and action taken by the local body to resolve the issues, Hon‟ble NGT vide order dated December 15, 2020 appointed a joint committee comprising of 1) the District Collector, Karur District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector,
2) a Senior Scientist from Central Pollution Control Board (CPCB), Regional Office, Chennai, (3) a Senior Officer from the Tamil Nadu State Pollution Control Board as designated by its Chairman, 4) a Senior Officer not below the rank of Superintending Engineer of Public Works Department and Water Resources Organisation (WRO) of that area, (5) the Municipal Commissioner, Karur Municipality to inspect the area in question and submit a factual as well as action taken report. In compliance to the Hon'ble NGT order dated 15.12.2020, the committee submitted report during May, 2021. The committee report was considered by Hon'ble NGT in the hearing dated 25.05.2021 and committee was directed to submit further report on digging of illegal channels. In compliance to Hon'ble NGT order dated 25.05.2021, the committee submitted report. Hon'ble NGT considered the committee report in hearing dated September 13, 2021 and directed the committee to suggest measures to avoid stagnation of sewage near the river bed and to give suggestions to prevent pollution of river Amaravathi. The committee is directed to submit the report by October 22, 2021.
II Hon'ble NGT orders In the matter of OA 257/2020 Hon'ble NGT has passed following orders Hon'ble NGT order dated 15.12.2020 The committee is directed to inspect the industries in that area and ascertain as to whether they are having proper effluent treatment discharge system and is there any illegal or un-authorised untreated discharge being made by any of the industries in that district to the Amaravathi river so as to cause the pollution of the river water, to ascertain as to whether there is any illegal discharge of untreated sewage from the municipal area to the river, to ascertain the existence and functioning of any Effluent Treatment Plant (ETP), Sewage Treatment Plant (STP) and requirement of a Common Effluent Treatment Plant (CETPs) in that area and its operation level as to whether it meets all the norms by testing the inlets and outlets of the effluents being treated by these units and if there is any violation found, what is the action proposed to be taken against such units. The committee is also directed to ascertain as to whether Karur Municipality is complying with the provisions of the Solid Waste Management Rules, 2016 in its letter and spirit in disposing the waste generated including the sewage and whether there is any illegal discharge of such things into the river which causes pollution and whether the direction issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 have been complied with. The committee is also directed to test the water quality of the river in respect of all criteria's including the presence of heavy metals, Total Coliform (TCL) and Fecal Coliform (FCL) apart from ascertaining the quality of water in the river and if there is any contamination found, ascertain the source and suggest the necessary steps to be taken for removing the contamination and make the water to the potable level. The committee is also directed to suggest the proposed actions to be taken against the erring units and on that basis; the regulating authorities are directed to take steps against such units so as to prevent such illegal activities being continued in that area.
Hon'ble NGT order dated 25.05.2021 The committee is directed to submit a detailed report regarding the specific allegations made of making illegal channels from the nearby industries for discharging their sewage or other industrial effluents illegally at the place pointed out in the newspaper report. They are also directed to ascertain the location of the area which is covered by the photograph mentioned in the newspaper report and ascertain as to whether allegations made by them in this regard are correct or not and if it is correct, what is the nature of action taken by the authority to prevent such illegal activities.
Hon'ble NGT order dated 13.09.2021 The committee is directed to ascertain what is the recommendation that they intend to suggest to avoid stagnation of sewage water near the river bed which appears to be one of the reason for the water quality being affected as noted by the Committee. The Committee is directed to give their suggestions as to how this can be avoided and how this can be resolved by diverting the same to some other place from where it can be taken to the STPs available for treatment. Copy of the order is enclosed as Annexure-I. To comply with Hon'ble NGT orders dated 13.09.2021, the committee was re-composed with following members:
1. Thiru M. Leyakath, District Revenue Officer, Karur
2. Shri.P. Muthusamy, Superintending Engineer, PWD, WRD, Palani
3. Shri. I. Nakkiran Municipal Engineer, Karur Municipal Council
4. Shri. K. Ravichandran, District Environmental Engineer, Karur District
5. Smt. Mahima T, Scientist-D and Shri. S. Karthikeyan, Scientist C, Central Pollution Control Board, Regional Directorate, Chennai The committee re-inspected the entire area during 30.09.2021 to 01.10.2021 and carried out sampling during inspection and also on 05.10.2021. The committee interacted with media persons and with complainant.
III Scope of the committee
1. To inspect industries and to find out whether there is any illegal discharges from theindustries into River Amaravathi
2. To ascertain as to whether there is any illegal discharge of untreated sewage from themunicipal area to the river Amaravathi
3. To ascertain the existence and functioning of any Effluent Treatment Plant (ETP), Sewage Treatment Plant (STP) and requirement of a Common Effluent Treatment Plant(CETPs) in that area and its operation level as to whether it meets all the norms by testing the inlets and outlets of the effluents being treated by these units and if there is any violation found, what is the action proposed to be taken against such units.
4. To ascertain as to whether Karur Municipality is complying with the provisions of the Solid Waste Management Rules, 2016 in its letter and spirit in disposing the waste generated including the sewage and whether there is any illegal discharge of such things into the river which causes pollution and whether the direction issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 have been complied with
5. To test the water quality of the river in respect of all criteria's including the presence of heavy metals, Total Coliform (TCL) and Fecal Coliform (FCL) apart from ascertaining the quality of water in the river and if there is any contamination found, ascertain the source and suggest the necessary steps to be taken for removing the contamination and make the water to the potable level.
6. To suggest the proposed actions to be taken against the erring units and on that basis
7. To submit a detailed report regarding the specific allegations made of making illegal channels from the nearby industries for discharging their sewage or other industrial effluents illegally
8. To ascertain what is the recommendation that they intend to suggest to avoid stagnation of sewage water near the river bed which appears to be one of the reason for the water quality being affected
9. to give their suggestions as to how this can be avoided and how this can be resolved by diverting the same to some other place from where it can be taken to the STPs available for treatment IV About River Amaravathi River Amaravathi is the longest tributary of River Cauvery. It begins at the Kerala/Tamil Nadu border at the bottom of Manjampatti Valley between the Anaimalai Hills and the Palani Hills. It flows towards North-East till the confluence with River Cauvery on its right bank. Total course of river Amaravathi is around 227 KM and receives a number of small streams. The Amaravathi basin lies between latitudes 10006l51ll N and 11002l10llN and longitudes 770 03l 24ll E and 78013l 06ll E. It has a catchment area of 839SqKm constituting of mainly of two districts Tirupur and Karur in Tamilnadu. River Amaravathi passes through Karur and joins RiverCauvery at Thirumukudalur.
Geo-cordinates of River Amaravathi at various locations River Amaravathi Chettypalyam check dam 10°55'18.1"N 78°01'21.6"E River Amaravathi at Andankovil check dam 10°57'06.7"N 78°02'26.4"E Amaravathi river at Madurai road bridge 10°56'33.14"N 78° 3'26.08"E Erettai vailaval canal starting point 10°57'11.7"N 78°04'8.7"E Vanjaleshwara temple zero point of digging channel 10°57'5.88"N 78° 4'20.56"E Vanjaleshwara temple 10°57'48.4"N 78°04'39.2"E Point where drain joins Amaravathi river 10°57'11.51"N 78° 4'35.66"E River Amaravathi at Senipiratti D/s of Karur 10°58'14.60"N 78° 6'46.10"E municipality the inlets and outlets of the effluents being treated by these units and if there is any violation found, what is the action proposed to be taken against such units.
1. To ascertain as to whether Karur Municipality is complying with the provisions of the Solid Waste Management Rules, 2016 in its letter and spirit in disposing the waste generated including the sewage and whether there is any illegal discharge of such things into the river which causes pollution and whether the direction issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 have been complied with
2. To test the water quality of the river in respect of all criteria's including the presence of heavy metals, Total Coliform (TCL) and Fecal Coliform (FCL) apart from ascertaining the quality of water in the river and if there is any contamination found, ascertain the source and suggest the necessary steps to be taken for removing the contamination and make the water to the potable level.
3. To suggest the proposed actions to be taken against the erring units and on that basis
4. To submit a detailed report regarding the specific allegations made of making illegal channels from the nearby industries for discharging their sewage or other industrial effluents illegally
5. To ascertain what is the recommendation that they intend to suggest to avoid stagnation of sewage water near the river bed which appears to be one of the reason for the water quality being affected
6. to give their suggestions as to how this can be avoided and how this can be resolved by diverting the same to some other place from where it can be taken to the STPs available for treatment V About River Amaravathi River Amaravathi is the longest tributary of River Cauvery. It begins at the Kerala/Tamil Nadu border at the bottom of Manjampatti Valley between the Anaimalai Hills and the Palani Hills. It flows towards North-East till the confluence with River Cauvery on its right bank. Total course of river Amaravathi is around 227 KM and receives a number of small streams. The Amaravathi basin lies between latitudes 10006l51ll N and 11002l10llN and longitudes 770 03l 24ll E and 78013l 06ll E. It has a catchment area of 839SqKm constituting of mainly of two districts Tirupur and Karur in Tamilnadu. River Amaravathi passes through Karur and joins River Cauvery at Thirumukudalur.
Geo-cordinates of River Amaravathi at various locations River Amaravathi Chettypalyam check dam 10°55'18.1"N 78°01'21.6"E River Amaravathi at Andankovil check dam 10°57'06.7"N 78°02'26.4"E Amaravathi river at Madurai road bridge 10°56'33.14"N 78° 3'26.08"E Erettai vailaval canal starting point 10°57'11.7"N 78°04'8.7"E Vanjaleshwara temple zero point of digging channel 10°57'5.88"N 78° 4'20.56"E Vanjaleshwara temple 10°57'48.4"N 78°04'39.2"E Point where drain joins Amaravathi river 10°57'11.51"N 78° 4'35.66"E River Amaravathi at Senipiratti D/s of Karur 10°58'14.60"N 78° 6'46.10"E municipality Open well samples does not comply with drinking water standards. From the above results it is observed that Total Coliform and Fecal Coliform are present in open wells of 30ft depth which indicates that there may be sewage contamination from soak pits. The open wells located in the industry premises are not meeting drinking water standards.
Storm water disposal from industries: Currently, out of 33 units, 5 no.s of units have provided rain water harvesting pits. Remaining 28 units are disposing rain water through surface drains which is joining river Amaravathi. The committee submits to Hon'ble NGT to direct TNPCB to direct all the units to provide rainwater harvesting pits. The first wash (first rain shower for 30 minutes) from storm water drains shall be taken to ETP and after that rain water shall be sent for ground water recharge.
Table 2: Details of 33 textile/ dyeing/ printing industries located within 1Km from river Amaravathi Name and address Geo- distan capaci effluent period of Sewage mode Remarks of the unit coordinates ce ty t/ generation installation of generation of from month in KLD ZLD system in KLD & disposal river andits disposal of bed capacity storm water M/s. Jose Colours, 10˚57'16.38 25m 44.85 100 December, 1 KLD onland 2012 T.S.No.364/4, "N combined septic surface Karur Town, Pasupathy Layout, 78˚04'36.21 capacity of tank + No.6, ETP + Chinnandankoil "E ZLD 100 soak pit Road, KLD Karur District -
639001.
M/s. Asi Colours, 10˚57'13.35 35m 87.37 100 August, 2012 1 KLD onland
T.S.No.363, 364, "N combined septic surface
Karur Town,
45, Gandhi Nagar, 78˚04'31.06 capacity of tank +
Pasupathy ETP +
Layout, "E ZLD 100 soak pit
Chinnandankoil KLD
Road 1 st
Cross, Karur -
639001.
M/s.M.R.C.Mills 10˚57'00.17 100m 314.7 100 January, 2012 septic onland Unit shall
Private Limited,
S.F.No.2419/1, "N combined tank surface install
2459/1, 2420/1,
2415/2 part & 78˚04'00.70 capacity of +soak water STP
2419/2 ETP +
Part Andankoil "E ZLD 100 pit
East Village, KLD
Manmangalam
Taluk,
9/1,
Chinnandankoil
Road,
Near Water
Pumping Station,
Karur- 639001.
M/s. Sri Manickam 10˚58'04.41 100m 13 25 September, septic onland
Bleaching, 2012
T.S.No.27,28, 29, "N combined tank surface
Balambalpuram
Village, 78˚05'35.18 capacity of +soak water
ETP +
Karur Taluk, "E ZLD 25 KLD pit
Karur District -
639003.
M/s.Aarthy 10˚56'34.11 180m 7.8 15 December, septic onland the unit
Bleaching, 2012,
S.F.No.547/1,2, "N elevated solar tank surface shall
Thirumanilaiyur
Village, evaporation +soak water dismantle
pan
Maduraiveeran Koil Street, 78˚0 pit solar
T.Sellandipalayam, 4'03. evaporation
Karur Taluk, Karur 70 pan and
District -639003. "E install MEE
+ATFD
M/s. Malar Dyeing Works, 10˚5 25 250 August, 2012 sep onland effluent
6'57. 01 tic
55 0.
m3
5
S.F.No.1724/4, 1724/3(Part), "N combined tan surfac generatio
k e
1723/1, 1734/2, 78˚0 capacity of +s water n
3'11. ETP + oak
72
Andankoil(East) Village, "E ZLD 250 KLD pit consumpt
Amaravathi Nagar, ion is
Manmangalam Taluk, very
Karur District - 639002. high, the
unit shall
take
measures
to reuce
effluent
generatio
n
M/s. Thirumagal Dyeing Works, 10˚5 21 300 January, 2013 sep onland
6'56. 02 tic
55 05
m.
0
6
S.F.No.1724/1,2, 1724/3(Part), "N combined tan surfac
k e
1725, 78˚0 capacity of +s water
3'09. ETP + oak
64
Andankoil East Village, "E ZLD 300 KLD pit
Amaravathi Nagar,
Manmangalam Taluk, Karur
District- 639002.
M/s.Nirma Bleaching, 10˚5 27 15 December, sep onland the unit
6'33. 0. 2021, tic
08 08
m
S.F.No.546, Thirumanilaiyur "N solar tan surfac shall
evaporation k e
Village, 78˚0 pan +s water dismantle
4'03. oak
76
Maduraiveeran Koil Street, "E pit solar
T.Sellandipalayam, evaporati
Karur Taluk, Karur District- on pan
639003. and
insta
ll
ME
E
+ATFD
M/s. Atlas Processing Mills 10˚56'33.08 250m 540 580 July, 2014 septic rain The unit
SF.No:1288,1292,1293,2453,1320, "N combined tank water shall
1321,1326-1334 78˚04'03.76 capacity of ETP +soak harvesti establish
+
No:1/168, Sivasakthi Nagar, "E ZLD580 KLD pit ng pit bore well
PeriyandanKovil West and dug
Village,Karur-639002. well
within
the unit
premises.
STP shall
be
establishe
d with in
three
months
M/s.Albian Bleaching, 10˚57'16.31 350m 10 10 November, septic onland
2012,
S.F.No.1590,1599,1602,1605Thant "N SEP tank surface
honi Village, Kolanthanur, 78˚05'39.67 +soak
Pasupathipalayam Post, "E pit
Karur Taluk, Karur District.
10˚57'03.45 382m 77.3 250 August, 2012 septic onland
5
M/s Sree Attick Dyers "N combined tank surface
S.F.No 1745/ A1A, 1745/ B, 78˚03'07.31 capacity of ETP +soak
+
1746/A1, 1749, "E ZLD250 KLD pit
Andankoil (east) village,
Amaravathi nagar, Manmangalam
taluk, Karur district
M/s.S.Ponnusamy Bleaching, 10˚56'37.68 470m 5.2 10 August, 2012, septic onland
S.F.No.127/16, Thoranakkalpatti "N SEP tank surfac
Village, 78˚04'26.6 +soak e
T.Sellandipalayam, 0"E pit
Karur Taluk,Karur
District.
M/s. Atlantic Fabrics, 10˚57'09.01 486m 208 500 April, 2012 septic
S.F.No.1656/2, 1653, 1654, "N combined capacity tank
1655, 78˚02'59.8 of ETP +ZLD 500 +soak
1637, 2"E KLD pit
Andankoil
East Village,
Amaravathi
Nagar,
Andankoil Post, Karur
District.
M/s Asian Fabricx Pvt Ltd- 10˚56'24" 500m 500 500 2014-15 STP-10 groun
printing N KL. d
and bleaching division 78˚02'42" STP wate
E treated r
M/s Asian Fabricx Pvt Ltd- 10˚56'52.92 1098 500 350 2012-13 water rech
dyeing 0"N m reused for arge
unit 78˚02'43.8 gardening
6"E
M/s.Sri Arul Colours, 10˚56'22.35 509m 15 20 November, 2013 septic onlan
S.F.No.611/A, 611/B, "N +soak d
Thirumanilai 78˚03'57.6 pit surfac
yur Village, 3"E e
Salaipudur,
Sukkaliyur Post,
Karur Taluk, Karur
District.
M/s. Preethi Dyeing, 10˚57'07.44 535m 9 25 August, 2012 septic onlan
S.F.No.1839,1842/1, "N +soak d
AndankoilEast 78˚03'17.4 pit surfac
Village, 3"E e
Amaravathi Nagar,
ManmangalamTaluk,
Karur District.
M/s. Aarthi A1 Home 10˚56'11.59 550m 151.06 300 July, 2012. MEE+ septic onlan unit
Trends "N pan dryers +soak d shall
Private Limited 78˚03'48.88 pit surfac insta
(Formerly Amutha Dyeing), e ll
ATF
D
S.F.No.391, 392, 393 & "E
394,
Thoranakkalpatti Village,
KarurTaluk, Karur
District.
M/s.S.M.Dyeing Works, 10˚56'45.33 595m 231 400 November, septic rainwat
S.F.No. 439, 440, 441/1, "N 2012, +soak er
442/2A, 78˚04'19.94 ETP+MEE+ pit harvesti
443, 445/2B, 455/2B, "E ATFD ng
456/2, 480/2C4,
ThirumanilayurVillage,
River Road,
T.Sellandipalayam,Karur
Taluk, Karur District.
M/s. Asiajothi Fabrics, 10˚57'13.30 600m 5 2.5 July, 2012 SEP septic rainwat
S.F.No.2260, "N +soak er
Andankoil East 78˚03'58.84 pit harvesti
Village, "E ng
Vangiliappa Nagar,
ChinnandankoilRoad,
Karur - 639001.
M/s. Sri Subam Dyers, 10˚57'23.80 600m 6 3.5 August, 2012 septic onland
S.F.No.1276-1286,1293,2453, "N SEP +soak surface
Andankoil West 78˚02'22.40 pit
Village, "E
Periyandankoil
Road,
Manmangalam
Taluk,
Karur District.
M/s. Arvind A Traders, 10˚57'04.25 650m 93.3 240 December, 2011. septic onland
S.F.No.1979, 1987/2, "N 4 combined +soak surface
2276/2,1977,1980 & 78˚03'47.91 ETP+ pit
2275/2, "E MEE+ATF
Andankoil East D
village,Manmangalam
Taluk,
9/81, Chinnandankoil Road,
Karur
Distrct.
M/s.S.P.G. Bleaching, 10˚56'35.23 650m 20.8 40 August, 2012, septic onland
S.F.No.114/4,6, 122/4, 121/29 "N SEP +soak surface
etc, 78˚04'35.49 pit
Thoranakkalpatti Village, "E
T.Sellandipalayam,
Karur Taluk, Karur District.
M/s.Ashok Bleaching, 10˚56'33.0 650m 5.2 10 December, 2012, septic onland
S.F.No.114/7 etc., 2 SEP +soa surface
ThoranakkalpattiVillage, "N kpit
T.Sellandipalayam, 78˚04'36.
Karur Taluk, Karur District. 57"E
M/s. B.S.Dyeing & 10˚56'28.7 790m 41.25 35 September 2012, septic onland
BLEACHING, 1 SEP +soa surface
S.F.No.116/3, "N kpit
ThoranakkalpattiVillage, 78˚04'24.
Othaiyur Road, 32"E
T.Sellandipalayam,
Karur Taluk, Karur District.
M/s Sun Bleaching, 10˚56'24.1 810m 5.2 10 November, 2012, septic onland
S.F.No.110/2, etc., 5 SEP +soa surface
Thoranakkalpatt "N kpit
i Village, 78˚04'24.
Othaiyur Road, 59"E
T.Sellandipalay
am,
Karur Taluk, Karur District.
M/s. Sri Bhagavathi Colours, 10˚56'15.7 830m 160.22 20 July, 2013, septic onland
S.F.No.90/1, 2 5 0 ETP+RO+MEE +soa surface
Karuppampalayam "N +ATFD kpit
Village, 78˚02'38.
Manmangalam Taluk, Karur 31"E
District..
M/s. Subramani Bleaching, 10˚56'29.6 840m 15 12 December, 2014, septic onland
S.F.No.114, 7 SEP +soa surface
Thorankkalpatti "N kpit
Village, 78˚04'35.
T.Sellandipalayam, Karur 03"E
Taluk,Karur District.
M/s.V.Ramasamy Bleaching, 10˚56'29.5 880m 5.2 10 November, 2012, septic onland
S.F.No.110/2, etc., 3 SEP +soa surface
Thoranakkalpatti Village, "N kpit
Othaiyur Road, 78˚04'36.
T.Sellandipalayam,Karur 37"E
Taluk, Karur District.
M/s. Sindhu Bleaching, 10˚56'19.6 890m 10 10 August, 2012, septic onland The unit
S.F.No.148/1A, 9 MEE+ATFD +s surfac shall
Thoranakkalpatti Village, "N oa e explan as
Othaiyur Road, 78˚04'21. k to why
T.Sellandipalayam, Karur 86"E pit such high
District. capacity
ETP is
installed
M/s. Moorthy Bleaching, 10˚56'28.5 900m 15 12 December, septic onland
S.F.No.114, 5 2014, +s surfac
Thorankkalpatti "N SEP oa e
Village, 78˚04'35. k
T.Sellandipalayam, Karur 30"E pit
Taluk,
Karur District.
M/s. Sri Mariamman 10˚56'23.4 900m 8.75 25 November, septic onland
Exports, 0 2013, +s surfac
S.F.No.147/B, "N SEP oa e
Thoranakkalpatti 78˚04'18. k
Village, 55"E pit
Othaiyur Road,
T.Sellandipalayam,
Karur District.
M/s. Amutham Bleaching, 10˚56'34.8 950m 276. 300 June, 2012 septic rain
S.F No.2/A1-B, 0 25 MEE+ATFD +s water
1/A1, "N oa harve
Thoranakalpatti 78˚05'01. k sting
Village, Bharathi 96"E pit pit
Nagar, Rayanoor,
Karur Taluk, Karur
District-
639003.
Status of Sewage Management by Karur Municipality As per 2011 census, the population of Karur municipality is 241458 and it is reported that the water supplied is 28.80 MLD and generally 80% of water supplied comes out as wastewater. Accordingly, 23.07 MLD of wastewater is likely to be generated from Karur municipality. The municipality has 48 wards. Wards 1-32 is connected by UGD system while wards 33-48 are not provided with UGD system. The municipality has installed 15 MLD sewage treatment plant at Arasu colony, Vangal road and wards from 1-32 are connected to STP. But as per log book records the STP is receiving less than 5 MLD of sewage. It was reported that only black water (wastewater from toilets) is collected in STP and sullage/ grey water (water used for other domestic purposes) is discharged into river through drains. This implies that out of 23 MLD of wastewater generated from the municipality, only 5 MLD is treated in STP. Remaining around 18 MLD of untreated sewage is discharged into River Amaravathi. Wards 33-48 are newly developed and the sewage generated is discharged into drainage canal which runs parallel to River Amaravathi. The Karur drainage canal joins Eerttai main drain which ultimately joins Amaravathi river at three locations.
Sewage is treated in STP by extended aeration sludge process system. STP comprises of aeration, clarifiers and maturation ponds. The treated sewage is let into the natural channel below STP and utilized for agriculture. As per the design details, the hydraulic retention time is STP is 31 hrs but currently sewage is stored in STP for 5 days (120 hrs). There is no disinfection treatment. The committee noticed that by physical appearance (color, smell) the river water quality upto Amaravathi river bridge seem to be normal but in the downstream, untreated sewage is discharged. The 11KM stretch of River Amaravathi which crosses through Karur is not perennial and very lean flow due to sewage discharge was observed. Due to lean flow, sewage appears in patches and stagnated.
Population 2,41,458
Water Supply 28.8 MLD
Sewage generated 23.07 MLD
Black water generated 7.5 MLD
Grey water generated 15.57 MLD
Sewage reaching STP <5 MLD
Sample collection in River Amaravathi: The committee collected sam ples from river Amaravathi at five locations to test the water quality of the river including the presence of heavy metals, Total coliform and fecal coliform and the committee ascertained the quality of water in river Amaravathi. The samples were analyzed in EPA approved & NABL accredited M/s Glens Laboratory, Chennai. The analysis results are as follows and copy of results is enclosed as Annexure-III.
Table 3: Water quality of river Amaravathi at various locations Description River River River River River → Amaravathi at Amaravathi at Amaravathi at Amaravathi at Amaravathi at Chettypalyam Anadankoil Madurai road Thirumanilaiyu Sanapiratti, checkdam checkdam Point bridge, centreof r 3KM d/s of located 5 KMu/s where river Karur (near to Karur of Karur Amaravathi municipality Vanajaleshwara municipality enters into Karur. temple) Reference Locatedat u/s at sample the tip of Karur municipality pH 8.2 8.7 8.8 8.52 8.63 Total 369 327 339 331 484 Dissolved Solids Turbidity 12 3 3 10 6 NTU Chloride 61 56 61 61 117 as Cl-
Sulphate 21 17 14 15 16 as SO4 Total 210 168 252 163 184 hardness Conductivi 637 573 606 601 821 ty us/cm Sodium as 48.1 43.8 46.0 45.2 92.0 Na Potassium 4.3 4 4 4 8 as K Total 11.5 2 2.8 14.8 8.4 suspended solids Calcium 84 68 84 68 95 Hardness as CaCO3 Total 15.5 14.2 25.9 20.7 Nitrogen BDL (DL:1.0) Total BDL (DL:0.05) BDL (DL:0.05) BDL (DL:0.05) 0.0225 0.206 Phosphorus as P Cadmium BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 as Cd 02] 02] 02] 02] 02] Total 0.005 0..005 BLQ[LOQ:0.0 0.035 BLQ[LOQ:0.0 Chromiumas 02] 02] Cr Nickel as BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 0.003 BLQ[LOQ:0.0 Ni 02] 02] 02] 02] Lead as Pb BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 02] 02] 02] 02] 02] Manganese 0.011 0.003 0.003 0.004 0.007 as Mn Zinc as Zn 0.034 0.005 0.003 BLQ[LOQ:0.0 BLQ[LOQ:0.0 02] 02] Copper as BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 BLQ[LOQ:0.0 Cu 02] 02] 02] 02] 02] BOD BDL BDL BDL BDL(DL:2.0) BDL(DL:2.0) (DL-2) (DL-2) (DL-2) TKN BDL(DL:1.0) 12.9 11.6 20.7 14.2 DO 5.8 5.6 6.0 5.1 5.4 Total coliform 220 90 140 170 350 MPN/100 ml Fecal coliform 170 50 90 80 170 MPN/100 ml All results are in mg/L except pH and TC & FC Table 4: Designated best use water qualty criteria Designated Best Use Class of Criteria water Drinking water source A Total coliforms organism MPN/100ml shall be 50 or less without conventional pH between 6.5 and 8.5 Dissolved treatment but after oxygen 6mg/L or more disinfection Biochemical oxygen demand 5 days 20C 2mg/L or less Outdoor bathing B Total coliforms organism MPN/100ml shall be 500 or less pH between 6.5 and 8.5 Dissolved oxygen 5mg/L or more
Biochemical oxygen demand 5 days 20C 3mg/L or less Drinking water source C Total coliforms organism MPN/100ml shall be 5000 or less after conventional pH between 6 and 9 treatment and Dissolved oxygen 4mg/L or more disinfection Biochemical oxygen demand 5 days 20C 3mg/L or less Propagation of wildlife D pH between 6.5 to 8.5 and fisheries Dissolved oxygen 4mg/L or more Free Ammonia (as N) 1.2 mg/L or less Irrigation, Industrial E pH between 6.0 to 8.5 cooling, controlled Electrical conductivity at 25C micromhos/cm Max.2250 waste disposal Sodium absorption ratio Max.26 Boron Max.2 mg/L The river water quality is compared with designated best use water quality criteria and found that river Amaravathi is falling under B- class of water.
The committee collected samples at point where drain joins river Amaravathi near Vanajaleshwara temple. There was lean flow in river Amaravathi and sewage is stagnated. The drain is confluencing with river Amaravathi near Vanjaleshwara temple before Senapirattai which is downstream of Karur municipality.
Table 5: Analysis results of drain outlet to river Amaravathi near Vanajaleshwara temple Drain outlet to river Amaravathi near Description → Vanjaleshwara temple pH 7.89 Conductivity us/cm 584 Turbidity NTU 38 Total Dissolved Solids 327 BOD 13 TKN 23.3 Total Chromium as Cr BLQ[LOQ:0.002] Manganese as Mn 0.008 Nickel as Ni BLQ[LOQ:0.002] Copper as Cu BLQ[LOQ:0.002] Zinc as Zn 0.005 Cadmium as Cd BLQ[LOQ:0.002] Lead as Pb BLQ[LOQ:0.002] Sulphate as SO4 26 Chloride as Cl- 97 Totalhardness 137 Calcium Hardness as CaCO3 221 Total Phosphorous as P BDL(DL:0.05) Sodium asNa 47.6 Pottasium as K 7 Oil & Grease -
Phenolic compounds - Total coliform 1600 MPN/100 ml Fecal coliform 1600 MPN/100 ml
The committee also collected sample from the outlet of STP. The analysis results are as follows:
Table 6: Analysis results of drain outlet and STP outlet Analysis results of inlet & Treated sewage outlet of STP during Treated sewage outletfrom discharge standards Description → committee visit in May, STP during committee 2021 inspection in September, 2021 Inlet of Outlet of STP STP pH 6.68 7.02 8.51 6.5-8.5 BOD mg/L 15 38 42 10 Suspended 132 168 10 1006 solids Fecal ccoliform 3100 2200 900 <100 MPN/ 100ml Results and discussions Based on analysis results presented in Table-3 and designated best use classification, river Amaravathi is falling under B- class of water as per designated best use water quality criteria. By providing desired degree of treatment will make water fit for drinking water purposes. However, river Amaravathi is complying to the Primary Water Quality Criteria for Outdoor Bathing notified under The Environment (Protection) Rules, 1986 in terms of maximum permissible limit of Fecal Coliform (< 500 MPN/100 ml). In the entire river stretch that passes through Karur municipality from Chettypalyam checkdam to d/s till Senarapettai, TC and FC is observed. Peak TC & FC values are observed at locations where Eeratttai drain joins river Amaravathi. Presence of high concentration of TC & FC indicates sewage contamination. By the time River Amaravathi is entering Senapirattai (d/s of Karur municipality), BOD and TC & FC concentration has reduced which is due to self purification & dilution.
It is also evident from the results that River Amaravathi contains TC & FC before entering the Karur municipal limits which may be due to discharge of sewage into River Amaravathi by upstream municipalities in Karur district. Treated sewage from STP is not complying with treated sewage discharge standards. Further treated sewage is also containing high concentration of TC & FC and same is discharged into irrigation channel. Presently, disinfection is not being practiced in STP. The committee submits to Hon'ble NGT to direct the municipal authorities to augment the treatment capacity, provide disinfection treatment as a part of tertiary treatment unit operation in STP and ensure that treated sewage complies with discharge standards. Open well water samples in the industry premises (located at a distance of 25m from river bank) also indicates presence of fecal coliform and Total coliform which indicates contamination of open wells which may be due to improper sewage disposal. This may be due to disposal of sewage by the industries in septic tank followed soak pit. The committee submits to Hon'ble NGT to direct TNPCB to direct the industries located within 250m from the river to install individual STP or common STP.
Remedial Measures suggested by the committee: The main cause of contamination of river Amaravathi is presence of high concentration of total coliform and fecal coliform due to untreated sewage. The source of contamination may be discharge of untreated sewage by Karur municipality from wards 33-48, percolation from soak pits, open defecation along the river banks and discharge of untreated sullage into river by Karur municipality.
Short term
1. The sewage is joining to River Amaravathi at three locations; two sewage confluence points are in Periyarnagar colony and another near to Vanajaleshwar Koil. Sewage generated from Periyar nagar is joining river Amaravathi. The municipality shall immediately close the entry points of sewage into River Amaravathi by means of laying earthen bund. Municipality shall identify all sewage leakage points and take measures to prevent sewage leakage. Municipality shall make arrangements to collect sullage water. The municipality can identify appropriate location and tap the sewage and lift and transfer the sewage to the nearest UGD point. From the UGD system sewage will be transported to STP and thereby sewage can be treated and then let out into agricultural channels. This will ensure that untreated sewage is not discharged into river Amaravathi and sewage is treated.
2. The capacity of STP is 15 MLD with 31 hrs retention time in aeration system. The unit shall install additional aerators so as to reduce the retention time in aeration tank to 24 hrs. By doing this the existing STP can treat the entire sewage of 23 MLD generated in the municipality.
3. The municipality shall install disinfection system after maturation pond.
The municipality shall treat the sewage properly and only after ensuring that it complies with treated sewage discharge standards, it will be discharged into agricultural channel.
4. TNPCB shall direct the Thanthoni, Aravakurichi panchayat union in Karur district that no sewage from village panchayats are discharged into River Amaravathi. Long term measures
5. The width of river is 300m and 11KM stretch falling in the Karur municipality.
District Collector, PWD and municipality shall fix the boundaries of the river and PWD shall ensure that no drains carrying untreated sewage or trade effluent discharges into the river. The storm water drains shall be closely monitored by TNPCB. The river shall be desilted by manual or semi-mechanized methods and natural flow shall be restored.
6. Municipality shall lay UGD system for wards 33-48 and connect it to STP.
Municipality has prepared DPR for same. Municipality shall augment the treatment capacity of STP to treat the entire sewage generated from Karur municipality.
7. Storm water drains shall be cleaned so that storm water runoff can naturally drain into river Amaravathi.
Status of CETP's Previously Karur was one of the major textile manufacturing hub and till early 2011 around 500 textile dyeing & printing units and 8 CETP's were in operation in Karur municipal limits. Subsequently stringent discharge norms were implemented in the region and many units closed down and currently only 66 units are in operation. All 66 units have installed individual effluent treatment systems within the unit premises and are ZLD systems. Eight CETP's that were in operation till 2011 stopped their operations and closed down. The treatment components in the CETP's have not been dismantled. The sludge generated from CETP's was not disposed. The CETP sludge is categorized as hazardous in nature. Out of eight CETP's, two CETP's have disposed the hazardous sludge to cement industries during late 2020 while six CETP's are yet to dispose the sludge. Around 8000 to 13,000m3 of hazardous sludge is stacked in each CETP premises in six CETP's. The sludge is packed inside large polythene bags and are stacked upto a height of 10m.
Even though over a period of time the sludge has compacted but however during heavy rains, the sludge may be slowly washed out with rain water and contaminate the ground water. Sludge may contain high lime content and may contribute to high TDS, chlorides and calcium in ground water. Since the sludge is rich in lime content, the cement industries are ready to take the sludge if the CETP's separate the sludge from bags and transport the waste to cement plants. The cement industries are ready to take the sludge free of cost provided the cost of transportation is incurred by CETP's itself. Table 7: Name and address of CETP's which are still storing the sludge in their premises Sl.No Name and address of CETPs area Date of Quantity of closing the sludge laying in operations premises 1 M/s. Karur Andankoil Pollution 04.11.2011 35.3-Chemical Control Limited, S.F.No.1811, 1812, sludge from waste Andankoil East Village, AmaravathiNagar, water treatment -
Manmangalam Taluk, Karur District 8500 T
2 M/s. Karur Thiruvai Dyeing Enviro own 04.11.2012 35.3-Chemical
Limited, S.F.No.2001, 2002 etc, sludge from waste
land,
Thirumanilaiyur Village, Karur water treatment -
Taluk, Karur District. 0.287 ha 10000 T
3 M/s. Karur Karuppampalayam own 01.12.2011 35.3-Chemical
Enviro Tech Limited, Karuppampalayam land, 04 sludge from waste
Village, Appipalayam Post, Karur ha water treatment -
District. 8000 T
4 M/s. Karur Taluk Dyeing &Amp; own 04.11.2011 35.3-Chemical
Bleaching Etp Company Limited, land, sludge from waste
S.F.No.199, Arugampalayam Road, 0.1741 water treatment -
Vengamedu, Karur Taluk & District. ha 8000 T
5 M/s. Karur Sellandipalayam own 01.12.2011 35.3-Chemical
Pollution Control Limited, land, sludge from waste
S.F.No.476, 488 etc, ThirumanilaiyurVillage, 0.447ha water treatment -
Amaravathi Nagar, 8000 T
T.Sellandipalayam, Karur District.
6 M/s. Karur Sukkaliyur CETP own 04.11.2011 35.3-Chemical
Company Limited, S.F.No.431, sludge from waste
land, 0.4
Thoranakkalpatti Village, Karur water treatment -
ha
Taluk, Karur District. 13000 T
To understand whether due to storage of CETP sludge, ground water is contaminated, the committee collected ground water samplefrom the nearest borewell of the CETP and analyzed by TNPCB. The analysis results is presented below:
Table 8: Analysis results of borewell samples collected near to CETP's Borewell at Borewellat Borewell at Borewell at Borewell at Borewell at Rajaram land East of M/s rajendraparasad Vathuyar Panchayat Aruselvan at Karur house at thottam at east opposite to house at North Venkaraimm Thiruvai northeasdt of M/s ofM/s Karur M/s Karur of M/s Karur anyarn BIS Dyeing Karur Sellandipallaya Sukkaliyur Karuppampalay godown at drinking Enviro Ltd taluk dyeing mpollution CETP amEnviro Tech South of M/s water and bleaching ControlLtd company Ltd Karur standar ETP Co Ltd.
Ltd Andankoil
ds pollutio
n
Control
Ltd
Turbidity, 1 2.1 2 2 1.8 2 1.9
NTU
Conductivity 11248 2960 5030 4540 5170 12490
pH at 25 C 6.5-8.5 6.43 6.9 7.1 6.62 6.79 6.91
TDS at 180C 500 7840 1912 3264 2964 3336 8232
chlorides 200 3499 590 1030 970 1180 1699
sulphates 653 98 327 300 272 826
sodium 200 708 369 577 301 635 670
potassium 250 17 19 14 17 18 30
Total hardness 200 2800 440 900 1400 790 2700
as
CaCO3
BOD 3.4 3.2 3.2 2.2 3 2.8
calcium 1300 260 320 600 480 1900
hardness
TKN 6.72 3.36 4.48 3.36 4.48 7.84
Total Nitrogen 7.481 3.471 4.638 4.074 4.725 8.261
total phosphorus 0.074 0.034 0.052 0.047 0.044 0.101
Manganese 0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
Copper 0.05 <0.2 <0.2 <0.2 <0.2 <0.2 <0.2
Zinc 5 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
Lead 0.01 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5
Nickel 0.02 <0.2 <0.2 <0.2 <0.2 <0.2 <0.2
Cadmium 0.003 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
Total chromium 0.05 <0.05 <0.05 <0.05 <0.05 <0.05 <0.05
All results are in mg/L except pH. Copy of results is enclosed as Annexure-IV. TCLP test were carried out on CETP sludge allparameters are within EPA specified limits. Copy of results is enclosed as Annexure-V.
1. CETP sludge mainly contains lime content and it is likely to contribute to TDS in water.
2. Storage of sludge may have contributed to TDS, chlorides and hardness in the ground water.
3. Heavy metals are not found in ground water.
4. During rains, runoff from the CETP's may ultimately join river Amaravathi.
5. Borewell samples are not complying with drinking water standards w.r.t TDS, hardness and chlorides. High level of TDS andchlorides in bore well samples near CETP sludge may be due to seepage from the sludge.
Measures to be taken by CETP owners
1. CETP's shall cover the sludge with tarpaulins to prevent surface runoff from the sludge storage area into river
2. CETP's shall dispose the sludge to cement industries without any further delay. Top layer of the soil where sludge was stored is likely to be contaminated, hence CETP's shall remove the top layer of soil upto a depth 0.5m where the sludge was stored and dispose it to TSDF/ cement industries.
3. The polythene bags recovered from the sludge shall be disposed to incineration facility.
4. District Collector Karur and TNPCB shall jointly monitor that the sludge is disposed safely to cement industries.
5. In case, the CETP sludge area is contaminated, action for remediation of such storage area should be taken care of by the concerned CETP under the overall supervision of TNPCB Solid Waste Disposal Karur municipality is generating around 71 tonnes of solid waste per day. The municipality has achieved 100% door to door collection in wards 1-32 and in newly developed wards from 33-48, municipality has achieved 90% of waste collection. 85% to 90% of the waste is segregated at source. The municipality has installed 12 micro- composting centers of total capacity 45 MT to treat organic waste. The municipality has installed 1TPD biomethanation plant and biogas generated is used for lighting purposes and operating the motors. In addition, the municipality has established windrow composting yard but was not in use during committee inspection. 200 TPD central processing unit is established but the facility is receiving only 25 to 30 TPD of waste per day out of which 1TPD of plastic waste is segregated, bailed and sent to cement industries.
The committee observed that though the municipality is having adequate facilities (in terms of capacity) to treat solid waste but however the waste was not transported properly to the disposal facilities and committee observed that solid waste was found laying on the road near to the facility and near Eerattai drainage canal. Solid waste was not dumped along the river banks but however solid waste was found near the Eerttai drainage canal. The municipality has not devised any mechanism for collection and treatment of leachate generated from composting centers. Waste is dumped near Eerttai canal and this drain ultimately joins river Amaravathi, hence municipality shall remove the solid waste laying along the Eerttai canal.
Legacy waste: The solid waste was dumped by Karur municipality in two dumpsites situated adjacent to each other. 1.41 lakh MT of waste was dumped in East dump- in an area of 8.5 acres. 64 MT of waste is dumped in West dump in 6.75 acres. Bio-mining of East dump was started during February, 2020 and completed by September 30, 2021 and the areas is recovered. Municipality had awarded the work of bio-mining of East dump to M/s Zigma Global Environ Solutions Pvt Ltd, Erode. Waste in the west dump is laying as it is. Reported that municipality has prepared DPR for bio- mining of west dump and same will be completed by March, 2022. The dumpsites are located ata distance of 1Km from the river bank. Table 9: Materials recovered from Bio-mining of legacy waste of East dump Quantity of legacy waste bio-mined Quantity recovered Mode of disposal/ utilization RDF 6597.04 MT M/s Arasu Cement industry wood 189.59 MT Ariaylur Soil 113,609.2 MT Low laying area for earth filling stone 9812.9 MT Iron/ mild steel/ SS 18.99 MT M/s Resource recovery (RR Tyre/ footwear 185.71 MT centre) Gandhigram H D plastic 23.87 MT glass 35.41 MT Illegal digging of channel by M/s Vanjaleshwara Koil Reported that once in 12 years, Kumbham is organized at Vanjaleshwara koil. During 2021, Mahakumbabhisegam was organized wherein devotees take a dip in the tank located in temple premises (which is named as brahmatheertam). During lean flows since sewage is flowing in the river, Vanjaleshwara temple Authorities have dug a channel of around 850m length, 2m width and 1m depth from Amaravathi river before the sewage joins the river course and channel was used to divert fresh water to temple tank. Though the objective of the temple Authorities was to provide river water for bathing purposes and to prevent the spread of any communicable diseases but however the Authorities had not obtained permission for digging the channel. PWD issued Show-cause notice to temple Authorities for digging illegal channel and currently, 350 m length of the channel is closed against total length of 850m. PWD has constructed an earthen bund at the tip of the diversion channel and has restored natural course of river. The temple Authorities are yet to close 500m of the channel. The committee submits to Hon'ble NGT to direct PWD to direct the temple Authorities to close the entire channel dug by them. Overall Observations of the Committee
1. 33 textile dyeing/ bleaching/printing (red category) industries are located within 1Km from the bank of river Amaravathi. During inspection the committee observed that the ZLD systems installed in the units were in operation and there were no bypass channels. No effluent was discharged outside the unit premises. No industry has dug illegal channels for discharge of effluent into River Amaravathi.
2. 15 small dyeing/ bleaching industries continue to operate solar evaporation pan to achieve ZLD. During rainy season, solar drying is difficult.
3. The entire river stretch that passes through Karur municipality contains TC & FC from the u/s of Karur municipality at Chettypalyam checkdam to d/s till Senarapettai. Peak TC & FC values are observed at locations where Eerattai drain joins river Amaravathi.
4. Previously eight CETP's were functional and during 2011-12, CETP operations were completely stopped. All the treatment components are still present in the CETP premises in dilapidated condition. The sludge generated during the operational phase of CETP is stored within the premises. Out of eight CETP's, two CETP's have disposed the sludge to cement industries during 2020 and remaining six CETP's are yet to dispose the waste. Presently, 8,000 to 13,000 MT of CETP sludge is stored in open within the premises of each CETP's (six no.s) which is stacked upto height of 10m.
5. Treated sewage from STP is not complying with treated sewage discharge standards. Further treated sewage is also containing high concentration of TC & FC and same is discharged into irrigation channel. Presently, disinfection is not being practiced in STP.
6. The municipality is having adequate facilities (in terms of capacity) to treat solid waste but however the waste was not transported properly to the disposal facilities and committee observed that solid waste was found laying on the road near to the facility and near Eerattai drainage canal. The municipality has not devised any mechanism for collection and treatment of leachate generated from composting centers.
7. 2.05 lakh MT of legacy waste was dumped in two dumpsites opposite to each other. The municipality has completed bio-mining of 141733 cum of legacy waste in East dump and recovered 130472.74 MT of material. 8.5 acres of land is also recovered.
8. Municipality has committed to complete the bio-mining of West dump by March, 2022.
9. Vanjaleshwara temple Authorities have dug a channel of around 850m length, 2m width and 1m depth from Amaravathi river before the sewage joins the river course and channel was used to divert fresh water to temple tank. currently, 350 m length of the channel is closed against total length of 850m.
10. PWD has constructed an earthen bund at the tip of the diversion channel and has restored natural course of river. The temple Authorities are yet to close 500m of the channel.
VI Conclusions and Recommendations of the Committee As alleged in the newspaper report untreated sewage is discharged into River Amaravathi. Total coliform and fecal coliform are present in river water which indicates sewage contamination. The source of contamination may be discharge of untreated sewage by Karur municipality from wards 33-48, percolation from soak pits, open defecation along the river banks and discharge of untreated sullage into the river by Karur municipality. Contamination of river Amaravathi can be mainly prevented by stopping of discharge of untreated sewage and laying of UGD schemes and treating the sewage generated in Karur municipality. There is lean flow in river Amaravathi in most of the times of the year and major flow is observed only during monsoon. When sewage is discharged into the river, due to lean flow the sewage is not getting diluted with river water. Portion of sewage gets evaporated and part of it stagnates in the river bed. Preventing discharge of untreated sewage into river Amaravathi will prevent stagnation of sewage in the river bed and as well as prevent river contamination. By providing required desired degree of treatment water from River Amaravathi may render it fit for drinking water purposes. However, river Amarvathi is complying to the Primary Water Quality Criteria for Outdoor Bathing notified under The Environment (Protection) Rules, 1986 in terms of maximum permissible limit of Fecal Coliform (< 500 MPN/100 ml).
Suggestions of the Committee to Industries
1. The committee submits to Hon'ble NGT to direct TNPCB to direct the units located within 1KM from the river bank to establish either individual or common multiple evaporation systems or common RO reject management systems and to eliminate Solar evaporation pan. The units shall ensure that ZLD systems are properly operated.
2. The committee submits to Hon'ble NGT that the industries having more than 50 employees shall install STP to treat sewage and treated sewage shall be re- used within unit premises. Units having less than 50 employees shall either connect Septic tank outlet to the existing UGD network or establish common STP for treatment of sewage. TNPCB shall ensure that the industries comply with the recommendation made by the committee.
3. The industries shall install rain water harvesting pit for ground water recharge. The industries shall ensure that no rain water is discharged outside the industry premises. The first rain water (for first 30mins) shall be collected separately and sent to ETP.
VI.b Suggestions of the Committee to Municipality for Management of Sewage and Solid Waste Short term
4. The sewage is joining to River Amaravathi at three locations. The municipality shall immediately close the entry points of sewage into River Amaravathi by means of laying earthen bund. Municipality shall identify all sewage leakage points and take measures to prevent sewage leakage. Municipality shall make arrangements to collect sullage water. The municipality can identify appropriate location and tap the sewage and lift and transfer the sewage to the nearest UGD point. From the UGD system sewage will be transported to STP and thereby sewage can be treated and then let out into agricultural channels. This will ensure that untreated sewage is not discharged into river Amaravathi and sewage is treated.
5. The capacity of STP is 15 MLD with 31 hrs retention time in aeration system. The unit shall install additional aerators so as to reduce the retention time in aeration tank to 24 hrs. By doing this the existing STP can treat the entire sewage of 23 MLD generated in the municipality.
6. The municipality shall install disinfection system after maturation pond. The municipality shall treat the sewage properly and only after ensuring that it complies with treated sewage discharge standards, it will be discharged into agricultural channel.
7. TNPCB shall direct the Thanthoni, Aravakurichi panchayat union in Karur district that no sewage from village panchayats are discharged into River Amaravathi.
Long term measures
8. The width of river is 300m and 11KM stretch falling in the Karur municipality. District Collector, PWD and municipality shall fix the boundaries of the river. The river shall be desilted by manual or semi- mechanized methods and natural flow shall be restored.
9. Municipality shall lay UGD system for wards 33-48 and connect it to STP. Municipality has prepared DPR for same. Municipality shall augment the treatment capacity of STP to treat the entire sewage generated from Karur municipality.
10. Storm water drains shall be cleaned so that storm water runoff can naturally drain into river Amaravathi.
11. Municipality shall remove the solid waste laying along the Eerattai canal and along roadsnear to central processing facility.
12. Committee submits that District Collector, Karur shall monitor the implementation of action plans by Municipality 37
13. The municipalities shall collect leachate from MCC's and treat the same as per TNPCB guidelines.
Suggestions of the Committee to CETP's
14. CETP's shall cover the sludge with tarpaulins with immediate effect.
15. CETP's shall dispose the sludge to cement industries. Top layer of the soil where sludge was stored is likely to be contaminated, hence CETP's shall remove the top layer of soil upto a depth 0.5m where the sludge was stored and dispose it to TSDF/ cementindustries.
16. The polythene bags recovered from the sludge shall be disposed to incineration facility.
17. District Collector Karur and TNPCB shall jointly monitor that the sludge is disposedsafely to cement industries.
18. In case, the CETP sludge area is contaminated, action for remediation of such storagearea should be taken care of by the concerned CETP under the supervision of TNPCB Suggestions of the committee to PWD
19. The committee submits to Hon'ble NGT to direct PWD to direct the temple Authorities to close the entire channel dug by them.
20. For organizing Kumbhabhisegam or other such events where mass bathing is involved, District Collector, PWD and other concerned departments may make arrangements without diverting or affecting natural river course.
21. The tank in the temple premises where bathing takes place shall be frequently cleaned and disinfected at regular intervals.
17. As per order dated 20.04.2022, after considering the Joint Committee report dated 18.11.2021, this Tribunal had passed the following order:-
"11. So far as CETPs are concerned, the Joint Committee has suggested that sludge should be covered with tarpaulins with immediate effect and they should be disposed of to the cement industries. Due to passage of time, the soil where the sludge was stored is likely to be contaminated and the top layer of the soil upto the depth of 0.5 meters was recommended to be removed and carefully dispose of the polythene bags recovered from the sludge by disposing them to the incineration facility.
12. The District Collector, Karur and Tamil Nadu Pollution Control Board shall jointly monitor the disposal of the sludge safely to the cement industries. The Joint Committee has also requested to give a direction to Public Works Department to direct the temple authorities to close the entire channel dug by them without diverting or affecting the natural river course.
13. The 6th respondent, namely, Tamil Nadu Pollution Control Board has filed a report dated 20.12.2021through the Joint Chief Environmental Engineer. The said report states that the inspection of the water of Amaravati River near Padikattuthurai reveals that there is stagnation of water near the temple.
14. Tamil Nadu Pollution Control Board has specifically mentioned that though there are 33 textile dyeing industries located within 1 km from the bank of River Amaravati, no effluent was discharged outside the unit premises and also there are no illegal channels dug for discharging of effluent into River Amaravati. The stagnated water was tested and it was found that it was only the untreated sewage generated from part of the Karur Municipality area and Andankovil Village Panchayat which discharges the sewage into the River Amaravati.
15. In this regard, the Tamil Nadu Pollution Control Board has also issued directions by its proceedings dated 13.09.2021 to the Commissioner, Karur Municipality and Block Development Officer, Thanthoni Panchayat Union under Section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974 directing them to provide full fledged underground sewerage scheme with sewage treatment plant within a period of three months to treat the sewage generated from the Village Panchayat.
16. In this regard, it was mentioned that failing to comply with the above direction the local bodies will be liable to pay environmental compensations as per order of this Hon'ble Tribunal (Principal Bench) for non-compliance.
17. The Learned Counsel appearing for the Karur Municipality, now upgraded to Corporation, states that the relevant wards, namely, Ward nos. 33 to 48 do not have the underground sewage system.38
18. The Learned Counsel also further stated that in the absence of underground sewage system, they would abide by the remedial measures suggested by the Joint Committee as has been set out in Page nos. 25 and 26 giving the short and long term measures.
19. Tamil Nadu Pollution Control Board is also directed to identify the violations based on the report of the Joint Committee and take appropriate measures and actions as has been suggested in the report and independently.
20. It is made clear that the report of the Joint Committee dated 18.11.2021 and the report of the Tamil Nadu Pollution Control Board dated 20.12.2021 will be part and parcel of this order."
18. The matter was taken up on 05.07.2022 and on that day, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 20.12.2021, e-filed on the same date wherein they have submitted that the place pointed out in the newspaper report (i.e.,) Padikattuthurai at river Amarathi near Vanchuleeswarar Temple was inspected on 28.06.2021. During inspection it was observed that no flow of water was seen in the River Amaravathi at the time of inspection and stagnation of water was noticed in the trench made near Vanchuleeswarar Temple. The report of the analysis of the Sample was collected from the stagnated water in the trench and by observation it was found that it was mainly sewage. The ROA of stagnated water in the trench made near Vanchuleeswarar Temple was enclosed as Annexure. There are about 33 textile dyeing/bleaching/printing (red category) industries located within 1 KM from the bank of River Amaravathi and during inspection it was found that all these industries have installed ZLD systems and they were in operation and there were no bypass channels found. On inspection it was found that no effluent was found outside unit premises and no illegal channel dug was found, so as to discharge the same into River Amaravathi. They were closely monitored by the officials of the Tamil Nadu Pollution Control Board.
19. They have further mentioned in the report that untreated sewage generated from part of Karur Municipality area (Ward No. 33 to 48) and Andankovil Village Panchayat was discharged into the River Amaravathi. A proceeding has been initiated against Karur Municipality and the Block Development Officer, Thanthoni Panchayat Union respectively vide proceeding No.T6/TNPCB/025920/KAR/ W/2021 1-1 & dated 13.09.2021 had issued under Section 33A of the Water (Prevention and Control of Pollution), Act, 1974 to comply with the following direction (i) The 39 Andankoil Village Panchayat shall provide full fledged Underground Sewerage Scheme with Sewage Treatment Plant within a period of three months to treat the sewage generated from the Village Panchayat, (ii) The local body was liable to pay Environmental Compensation as per Hon‟ble NGT (PB) order dt: 02.07.2020 in O.A. No. 606 of 2018 for non-compliance of the above directions.
20. The Tamil Nadu Pollution Control Board also filed another report signed by the officer on 01.07.2022, e-filed on 04.07.2022 which reads as follows:-
40 41 4221. The Karur Municipality has filed a status report dated 25.07.2022.e-filed on the same date which reads as follows:-
43 4422. As per order dated 29.07.2022, Director of Municipal Administration was directed to convene a meeting with the District Collector, Karur District and the Commissioner, Karur Municipal Corporation to sort out the issue and come with the final solution with short term measures till final measures have to be completed. The Water Resources Department was also directed to file an independent report regarding the steps taken by them to revamp the Sewerage Treatment Plant that had been provided by them earlier as it was found to be not meeting the norms prescribed by the Tamil Nadu Pollution Control Board.
23. When the matter was taken up on 18.08.2022, this Tribunal had received the report submitted by Water Resources Department through its Chief Engineer, Coimbatore Region, Coimbatore dated 16.08.2022, e-filed on 17.08.2022 which reads as follows:-
24. Heard the counsel appearing for respondents and the matter was taken up for Judgment on 18.08.2022.45
25. The counsel appearing for State Department argued that they were taking all necessary steps to protect the water body against encroachment and pollution and they were strictly comply with the directions issued by this Tribunal and they will abide by any directions issued by this Tribunal in future as well.
26. The counsel appearing for Tamil Nadu Pollution Control Board submitted that except {Ward No. 33 to 48} of Karur Municipality, other areas were covered by Underground Sewerage System and it was being taken to the sewerage treatment plant. But as regards the Ward No. 33 to 48 are concerned, there was no Underground Sewerage System provided and the sewage generated from the area reaches River Amaravathi without any treatment. Further sewage treatment plant provided by the Water Resources Department situated on the banks of Amaravathi River was not meeting the norms.
27. The Karur Municipality and Block Development Officer, Thanthoni Panchayat Union have not fully complied with the directions regarding the implementation of Solid Waste Management and Liquid Waste Management and as such notices have been issued. As regards industries are concerned, they are now adopting Zero Liquid Discharge System and they are being monitored by them periodically, whenever any deficiency is found, necessary action is being taken.
28. The counsel appearing for Karur Municipality submitted that they have already taken steps for the purpose of providing Underground Sewerage System for the uncovered area and DPR has been prepared and it is pending with the Government.
29. The Water Resources Department submitted that the Sewerage Treatment Plant has to be maintained by the Karur Municipal Corporation.
30. Considered the pleadings, various reports and the submissions made by the respective counsel appearing for respondents.46
31. The grievance in the newspaper report was that on account of negligence on the part of Water Resources Department and Karur Municipal Corporation, the untreated sewage being discharged into River Amaravathi and pollutes the water body. Apart from that, untreated trade effluents from the dyeing and textile units were also being discharged clandestinely into the river by-
passing the treatment system and thereby polluting the water body and if this was continued, then there is a possibility of Amaravathy River becoming another Cooum in Tamil Nadu. In order to ascertain the genuineness of the allegations made in the newspaper report, this Tribunal had appointed a Joint Committee and the Joint Committee has filed various reports showing the present status, recommendations made and the compliance of the direction issued.
32. The Tamil Nadu Pollution Control Board and Karur Municipality, now Karur Municipal Corporation have also filed an independent reports regarding the compliance status and implementation of Solid Waste Management and Liquid Waste Management within their area of jurisdiction respectively. The Karur Municipal Corporation also filed a report wherein they have stated that originally they were having Ward No. 1 to 32 which were properly connected with Underground Sewerage System and that was being treated in the existing sewage treatment plant. But subsequently the Karur Municipality has been extended by including Ward No. 33- 48 which were earlier part of different Village Panchayats and those wards were not provided Underground Sewerage System and steps were being taken for the purpose of implementing Underground Sewerage System in those areas also and that is under progress.
33. It is further seen from the report submitted by the Karur Municipal Corporation that Solid Waste dumped near Erattai Vaikkal canal has been removed and the MCC were provided with proper leachate collection system. The legacy waste dumped on both eastern and western side of dumping yard has been bio-mined to the tune of 1,37,000m3 and the balance quantity of solid waste on the western side of the compost yard and Arikkarampalayam compost yard to a tune of 65,000m3 and that will be bio- mined at earliest possible time and they have also mentioned that they were 47 going to upgrade the existing sewerage treatment plant and they have also wanted to have the Underground Sewerage System in the added areas of Thanthoni and Sanappiratty areas and left over areas of karur and InamKarur of Karur City Municipal Corporation and detailed project report has been submitted and that is under the consideration of the Government. The final DPR has been submitted by the consultant on 07.07.2022 at an estimate of Rs. 332.63 cores and the above DPR is under finalisation and once the necessary funds are obtained, they will implement the same at the earliest possible time. It is clear from the above that Underground Sewerage System has not been provided at the various parts of Karur City Municipal Corporation and the sewage generated in those areas is being let into Amaravathi River without treatment.
34. It was seen from one of the report that during the year 2021 to draw water to the tank located in the temple premises in connection with Mahakumbabisegam an illegal water channel was dug by the authorities of Vanjaleshwara Temple. It is also seen from the report that there was a stagnation of water and on examination, it was found to be sewage discharge it appears to have come from the temple compound. Though it was done in connection with the Mahakumbabisegam conducted in the temple, such a practice has to be deprecated. In future the temple authorities should not resort to such illegal digging of channel and in case they want to draw water from the river they should obtain necessary permission from the Water Resources Department and the Water Resources Department should satisfy themselves that entire channel dug by the temple authorities is closed properly after the event and if not, they themselves can close and recover the cost from the temple authorities in accordance with law.
35. It was also seen from the Joint Committee report that earlier eight Common Effluent Treatment Plants were functional and during 2011-12, the operations of CETPs were completely stopped, but the sludge generated during the operational phase of CETPs were seen stored within the premises. Out of Eight CETPs, two CETP‟s had disposed of the sludge to cement industries during 2020 and remaining six CETP‟s were yet to dispose of the same which is in the range of 8000 to 13,000 MT of CETP sludge which was seen stored in open without adequate protection.
4836. The Tamil Nadu Pollution Control Board is directed to take necessary steps to ensure that the sludge is removed at the earliest and not later than six (6) months from the date of the order. As an Interim measure, the operator of the CETPs have to be directed to cover the sludge with tarpaulins within a period of fifteen days (15) from the date of this order so as to ensure that there is no leachate discharged into the nearby water bodies or to the ground water aquifer system. The damaged polythene bags shall be disposed by sending it to incineration facility and the top layer of the soil where sludge was stored shall be removed upto a depth of 0.5m where the sludge was stored and dispose of it to transferring to TSDF/cement industries as recommended by the Joint Committee.
37. The recommendations of the Joint Committee to direct the units located within 1KM from the river bank to establish individual or common multiple evaporation systems or common RO reject management systems in the place of existing solar evaporation pan is accepted and this will have to be completed within a time span of six (6) months failing which necessary action should be taken by the Tamil Nadu Pollution Control Board as per the existing laws in force against such industries and necessary directions will have to be issued by the Tamil Nadu Pollution Control Board to the concerned units immediately.
38. The Tamil Nadu Pollution Control Board shall also ensure that the industries having more than 50 employees shall install Sewage Treatment Plant to treat sewage and utilise the treated sewage water within their premises. Units having less than 50 employees shall connect septic tank outlet to the existing UGD net work or establish common STP for treatment of sewage within a period of six months failing which necessary action should be taken by the Tamil Nadu Pollution Control Board as per existing norms.
39. As recommended by the Joint Committee all the units shall install rain water harvesting pits for ground water recharge and in addition establish sumps (with recharge bore) for harvesting roof top rain water in their premises within a period of six (6) months.
4940. Further in the litigation pending before the Hon‟ble High Court of Madras at Madurai Bench as W.P. (MD) No. 15295 of 2012 which was disposed of by Judgement dated 28.09.2016 there was a direction to then Karur Municipality not to discharge any untreated sewage into the water body. But in spite of that, taking of steps to avoid discharge of untreated sewage to the water body is progressing in slow pace. Nobody is entitled to discharge untreated sewage or effluent into the water body and pollute the water and the Government has a responsibility to protect water body against pollution and encroachment in future.
41. It is time and again reiterated by the Hon‟ble Apex Court and also various High Courts including Hon‟ble High Court of Madras, Principal Bench of National Green Tribunal and also this Bench, regarding the responsibility of the State to protect the water bodies against encroachment and pollution as part of protection of environment as mandated under Article 48(A) of the constitution of India. Further State department has got a responsibility to provide clean environment which includes providing clean water and air as part of „Right to Life‟ as guaranteed under Article 21 of the Constitution of India and this obligation has to be primarily discharged by the State machineries including the local bodies and the regulators. It is well accepted principle of environment that water bodies are not only acting as source for water for drinking and irrigation purposes, but also act as a water storing reservoir, natural rain water harvesting system and help the natural recharge of ground water level in those areas apart from acting as flood mitigation mechanism to collect more water that is generated during rainy season to avoid flood in the neighbouring areas.
42. In one of the matters, Hon‟ble Apex Court observed that merely because water bodies has become disused on account of negligence of not providing maintenance by the authorities it will not lose its character as water body and steps must be taken to restore and rejuvenate the same to its original position on that ground the same cannot be used for any other purposes. Providing Pattas for lands which were recorded as water bodies in the Revenue records by the authorities was also deprecated by the Hon‟ble High 50 Court of Madras in various decisions including in and directed the authorities to take steps to remove the encroachments by invoking the provisions of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and rules framed there under. In spite of all these directions, action on ground for removal of encroachment and protecting the water bodies are moving at a slow pace.
43. The Hon‟ble High Court of Madras had passed strictures against the authorities heavily for not taking steps to remove the encroachments and protect the water bodies, so as to discharge their constitutional obligation of protecting environment. Even in some cases, the Hon‟ble High Court of Madras had initiated contempt proceedings and issued directions to pay a cost of Rs. 25,000/- (Rupees Twenty Five Thousand Only) if they did not file the reports containing the details. In spite of all these stringent measures taken by the Courts, the actions from the departments are not moving in the right direction as expected by the Courts and the Tribunal. Once the State machineries failed to discharge their obligation of protecting environment as contemplated under Article 48(A) of the Constitution of India, then they are failing to discharge their duty to maintain environmental rule of laws which is highly essential for the purpose of protecting the life of the people. Any environmental degradation will result in health hazard to the people and it is primary responsibility of the State to avoid health hazards being caused or experienced by the people on account of the lack of implementation of environmental laws by the regulatory authorities.
44. The Principal Bench of National Green Tribunal as well as the Special Bench of this Tribunal in several mattes reiterated that it is not possible for the Tribunal to monitor the implementation of statutory rules by the regulators and also monitor the discharge of statutory function of the regulators perpetually and it is for the authorities to take proactive role in implementing the environmental laws and protecting environment thereby discharging their onerous responsibility of protecting environment as contemplated under Article 48(A) and Article 21 of the Constitution of India.
5145. Further in O.A. No. 606 of 2018, the Principal Bench of National Green Tribunal, New Delhi had interacted with Chief Secretary to Government, State of Tamil Nadu and disposed of the case relating to each State recording the undertaking given by the respective Chief Secretaries and directed the Chief Secretary to monitor the implementation of the direction by appointing a committee at Secretary level and conduct periodical review meetings by the Chief Secretary. So there is no meaning in keeping the case for long time and monitor the implementation by giving series of directions and expressing its displeasure on the part of the authorities, in not discharging the duties as expected.
46. It is time and again repeated by this Tribunal that it is not possible to monitor the implementation of Solid Waste Management Rules and discharge of statutory functions of the regulators in a perpetual manner, it is for them to take pro-active steps to implement the same in its letter and spirit, so as to discharge their onerous obligation mandated Article 48(A) of the Constitution of India and Articles 48 (A) and 21 of the Constitution of India, namely protection of environment and providing clean environment to the people of India.
47. So under such circumstances, we feel that instead of retaining the case for longer period and monitoring the activities of the regulators, dispose of the matter by giving following directions:--
i. The Municipal Commissioner, Karur Municipality and Blok Development Officer, Thanthoni Panchayat Union are directed to implement the Solid Waste Management Rules, Liquid Waste Management and Other Waste Management Rules in its letter and spirit and provide Underground Sewerage System to that area which are not covered by the same and avoid discharge of untreated sewage being let into the water body namely, Amaravati River.
ii. The District Collector, Karur District in coordination with the Water Resources Department and the Commissioner, Karur City Municipal Corporation is directed to locate a 52 suitable place for establishment of upgraded Sewerage Treatment Plant, so as to provide Sewage Treatment Plant for treating the sewage generated within that area and also monitor the implementation of Solid Waste Management Rules as required under Rule‟12 of the Solid Waste Management Rules, 2016 within their jurisdiction and if any gap found, they are directed to provide suggestion for resolving the issue in a permanent manner. iii. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of Solid Waste Management Rules, Liquid Waste Management and other Waste Management Rules and also the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and other related matters and if any violation or non-compliance found committed by any Institution/local bodies, then they are directed to take appropriate action against those local bodies/institution including imposition of environmental compensation apart from initiating prosecution and from resorting to other coercive measures provided under the respective statutes in accordance with law.
iv. The Block Development Officer, Thanthoni Panchayat Union is directed to strictly implement the Solid Waste Management Rules, 2016, Liquid Waste Management and other Waste Management Rules within their jurisdiction and the implementation of the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and directions issued by this Tribunal in this regard.
v. The Commissioner, Karur City Municipal Corporation is directed to complete the bio-mining of the legacy waste in the existing dump yards at the earliest possible time and the Tamil Nadu Pollution Control Board is directed to monitor the same and after the bio-mining is completed, the Tamil Nadu Pollution Control Board is directed to 53 ascertain as to whether it has been properly done and if any further study has to be done, then they are directed to be suggest the same to be carried out by the Karur City Municipal Corporation and on such direction, Karur City Municipal Corporation is directed to carry out that study and implement the direction issued by the Tamil Nadu Pollution Control Board in its letter and spirit. vi. The practice of Vanjaleshwara Koil which illegally dug channel to draw water from the river during Mahakumbabisegam conducted in the year 2021 is deprecated. In future they should not resort to such practice and they should obtain necessary permission from the Water Resources Department for drawing water from the river for such purposes if any required and during festival season, they are directed to take steps to avoid discharge of untreated sewage into the water body and take steps to collect sewage generated during the festival season and dispose of the same in a scientific manner without discharging the same into water body. vii. If the channel dug is not closed after the festival, then Water Resources Department is directed to close the same and recover the expenses incurred from the temple authorises in accordance with law.
viii. The CETPs who have not removed the sludge and kept in the premises in open without adequate protection are directed to remove the same as per rules within a period of six (6) months from the date of order and as an interim measure, they are directed to cover the sludge with tarpaulins within a period of fifteen days (15) from the date of this order to avoid discharge of leachate into the nearby water bodies or ground water aquifer system. The damaged polythene bags shall be disposed by sending to incineration facility and the top layer of the soil where sludge was stored shall be removed upto a depth of 0.5m where the sludge was stored and dispose of it by taking 54 into TSDF/cement industries as recommended by the Joint Committee.
ix. The Tamil Nadu Pollution Control Board is directed to issue necessary direction to these CETP operations to comply with the direction within the time frame fixed by this Tribunal and if it is not complied with take appropriate action against them including imposition of environmental compensation as directed to be assessed by this Tribunal in several cases of this nature.
x. The Tamil Nadu Pollution Control Board is directed to monitor the same and if there any violation found, they are directed to take action against CETP operators including recovery of environmental compensation and other coercive measures as provided under the respective statutes in accordance with law.
xi. The recommendations of the Joint Committee to direct the units located within 1KM from the river bank to establish individual or common multiple evaporation systems or common RO reject management systems in the place of existing solar evaporation pan is accepted and the Tamil Nadu Pollution Control Board is directed to ensure the implementation of the direction by the industrial units within a period of six (6) months by issuing necessary directions failing which they are directed to take appropriate action against those units as per the existing laws in force.
xii. The Tamil Nadu Pollution Control Board shall also ensure that the industries having more than 50 employees shall install Sewage Treatment Plant to treat sewage and utilise the treated sewage water within their premises. Units having less than 50 employees shall connect septic tank outlet to the existing UGD net work or establish common STP for treatment of sewage within a period of six (6) months failing which necessary action should be taken against those industries as per existing norms and 55 necessary direction in this regard is directed to be issued by the Tamil Nadu Pollution Control Board to the units as mentioned above within timeline within which the same will have to be implemented by the units in order to enable the Tamil Nadu Pollution Control Board to take further action in this regard against the erring units in accordance with law.
xiii. The Tamil Nadu Pollution Control Board is directed to issue necessary direction to the industrial units to install rain water harvesting pits for ground water recharge and in addition establish sumps (with recharge bore) for harvesting roof top rain water in their premises within a period of six (6) months and if this is not implemented in spite of the directions issued, then Tamil Nadu Pollution Control Board is directed to take action against those erring units in accordance with law as provided under the respective environmental statutes including imposing environmental compensation as directed by this Tribunal in several cases of this nature.
xiv. The Additional Chief Secretary to Municipal Administration and Water Supply Department, Additional Chief Secretary to Government for Water Resources Department and Additional Chief Secretary to Government for Environment, Climate change and Forest are directed to monitor the implementation of directions. xv. The Chief Secretary to Government, State of Tamil Nadu is directed to constitute a committee comprising of Additional Chief Secretary to Government for Municipal Administration and Water Supply Department as Chairman, Additional Chief Secretary to Government for Finance or his nominee, Additional Chief Secretary to Government for Water Resources Department to monitor the implementation of the directions issued by this Tribunal in respect of implementation of Underground Sewage Scheme and implementation of Solid 56 Waste/Liquid Waste/other Waste Management Rules and directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and various directions issued by this Bench, and other matters relating to protection of water bodies and if there is any gap found, then they are directed to issue necessary directions to the respective stakeholder departments so that they could rectify and resolve the same in an effective manner, so that the directions issued by the Tribunal for protecting water body can be effectively implemented by the respective stakeholders in its letter and spirit. xvi. The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct review meetings with the stakeholder departments regarding this aspect and if there is any gap found, then give necessary directions to the concerned departments to expedite the same and if any financial and technical support is required, then he is directed to provide the same at the earliest.
xvii. The Registry is directed to communicate this order to the official respondents including the Block Development Officer-Thanthoni Panchayat Union, the Commissioner- Karur City Municipal Corporation, District Collector- Karur District, Chairman-Tamil Nadu Pollution Control Board, Additional Chief Secretary to Government for Water Resources Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
48. With the above observations and directions, the Original Application is disposed off.
..................................J.M. (Justice K. Ramakrishnan) Sd/-
....................................E.M. Dr. Satyagopal Korlapati O.A. No.257 of 2020 (SZ) 14.09.2022, Sr. 57