National Green Tribunal
S. Srinivas Rao And Ors vs State Of Andhra Pradesh on 20 July, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No.164/2022
S. Srinivas Rao & Ors. Applicant(s)
Versus
State of Andhra Pradesh Respondent
Date of hearing: 20.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. TVS Raghavendra Sreyas, Advocate for APPCB
ORDER
1. Grievance in this application is against unscientific dumping of marble slurry on agricultural land near Harischandrapuram railway station, Kotabommali Mandal, Srikakulam District, Andhra Pradesh, adversely affecting the environment and public health. Marble slurry in question is generated from the Marble Polish units located at Nimmada, Peddabammidi and Yetturallapdu, in violation of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986. 700 stone cutting and polishing units were located in Tandur which have now been shifted to the industrial area. Adverse impact of dumping of marble slurry is air pollution affecting the public health as well as the agricultural land in the area due to increased salinity of soil, micronutrient deficiency and reduced percolation of water. Fine particles 1 of slurry settle on the crops and degrade the quality of resources. Water quality of irrigation canal gets deteriorated which in turn adversely affect the eco-system.
2. Suggestions given in the application are:-
"1) Marble Slurry dumping site may be located within the existing marble processing premises or it may be located at isolated locations preferably 01 KM away from any notified habitat area human habitation at suitable location as approved by the SPCB/PCC and shall be provided with proper approach roads for safe transportation of marble slurry.
2) The marble slurry dumping site shall not be located on the 100-year flood plain where it will restrict the flow and marble slurry dumping site should be located at least at a distance of 1000 meters away from any natural or artificial water bodies.
3) The existing marble dumping site should take adequate measures such that the runoff from the marble slurry dumping site should not be allowed to go into the surface water or any natural or artificial water bodies. SPCB/PCC should monitor the adequate measures made at old dumping sites.
4) The dumping site shall be designed, constructed, operated and maintained at least for a period of 15 years. The base & side of dumping site should be of 01 meter or thicker with compacted clay lining having hydraulic conductivity, to eliminate any seepage. The dumping site should also provide proper water decanting system like decanting well or network of perforated PVC pipes at the bottom of site for collection of slurry water."
3. Vide order dated 05.04.2022, the Tribunal constituted a joint Committee comprising CPCB, State PCB and District Magistrate, Srikakulam to undertake visit to the site, interact with the stakeholders and prepare an action plan. A report was required to be furnished to this Tribunal giving factual position and mentioning the steps taken by the statutory regulators to remedy the situation.
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4. In pursuance of above, the joint Committee has filed its report on 04.06.2022 after undertaking visit to the site. Relevant extracts from the report are:-
"VII Site visit by Joint Committee
1. Srikakulam District is having about 128 Nos. of Granite Cutting & Polishing units located in Mandals of Kotabommali, Tekkali and Saravakota as clusters. These units are located within the radius of 30 KM from Nimmada junction, Kotabomali Mandal.
2. During the site visit, the Committee observed Granite slurry dumped along the approach road of Harischandrapuram village road. On inquiry, it was learnt that the private land owners as well the farmers are utilizing the Granite slurry waste powder for filling low laying area as well for constructions because of cost effective. The Revenue authorities informed that the waste has been dumped with the consent of land owners. The committee observed few dumping's along the irrigational canal of Yethurlapadu Village.
3. When the visit was made to the Marble processing clusters, the Granite slurry waste is dumped in the unit premises along the boundary of the premises. The Granite slurry is used only for filing low lying areas.
VIII Committee interaction with Stakeholders The committee members interacted with the owners of Granite cutting and polishing and educated the impact of dumping of Granite slurry waste in environment as below:
a. Studies have revealed that improper dumping of Granite slurry degrades the environment in numerous ways causes adverse impact on ecology, land degradation, visual effect, flooding of water, air pollution. In addition, the porosity of aquifer zones and contaminating the underground water will occur if the waste is deliberately being dumped on the water bodies. Reduced porosity & permeability of the topsoil affects the soil fertility and reduces the percolation rate of rain water resulting in reduced rate of ground water recharging.
b. Random disposal of the Granite fines would also lead to health hazards like respiratory and allergy problems to the people dwelling in the areas. Waste management problem is of critical concern in which waste materials are being used to produce new products in such a way that natural resources are saved.
c. Continuous exposure of Granite dust can cause severe respiratory disorders like bronchitis, asthma along with dermal & eye irritation in labors and local population. Deposition of particulate/fugitive dust on roads causes emission of particulate matter due to vehicular activities and strong wind currents.3
d. Disposing the slurry waste near to water bodies, road side areas can deteriorate the surface & ground water quality by increasing turbidity, suspended solids, calcium and magnesium hardness.
The Granite processing units Association Secretary informed that several requests were made to District Collector, Srikakulam for allocation of land for dumping of slurry/sludge in designated place, so that it can be utilized for various purposes such as road construction, brick manufacturing etc. At present the units are stacking the waste within their premises or dumping in low lying areas. No bulk consumer like NHAI is coming forward for lifting the waste as it is not available at single source. The committee instructed the association members to submit the proposed action plan for safe and scientific disposal of slurry/sludge.
IX Present consent practices of slurry disposal and utilization As per CPCB revised classification of industrial sectors, cutting, sizing and polishing of Granite stone have been categorized under Green Category. The Government of Andhra Pradesh simplified the procedure from issue of regular consents to issue acknowledgment for non-polluting Small Scale Industries (SSI). As per the orders of Govt. of AP, the Andhra Pradesh Pollution Control Board (APPCB) is issuing one time Acknowledgement to the SSI which would serve the purpose of consent of the Board.
APPCB, Regional Office, Srikakulam issued acknowledgments to Granite cutting and Polishing units under Green Category with a condition that "the industry shall collect solid waste i.e., sludge and cutting edges properly and it shall be disposed in the dump yard earmarked within the premises under any circumstances it should not be disposed in any unauthorized areas"
The copy of the consent issued to the unit is attached as Annexure II. As per the consent conditions, the units are not complying with the conditions and are disposing waste in low lying and unauthorized areas. The Granite slurry is not utilized in producing any valuable products but being dumped along the road side for filling of low laying areas to utilize the lands for constructions.
X. Action taken by APPCB APPCB received a complaint by Sri S. Srinivasulu, Advocate and other residence of Harischandrapuram Village, KotabommaliMandal, Srikakulam District regarding improper dumping of Marble slurry and depositing at survey no.11 of Harischandrapuram Village from the Marble polish units located at Nimmada, Peddabammidi, YetturallapaduMandals. The complainant also represented that these units are being operated in violation of certain provisions of the Air, Water and Environmental Acts. Copy of the complaint is placed as Annexure III.
APPCB, Regional Office, Srikakulam inspected these units and issued notices on 18.01.2022 to all Granite Cutting and Polishing 4 Units located in Srikakulam District for disposal of slurry/sludge indiscriminately along the NH-16 and causing dust nuisance and to take immediate remedial measures. The copy of the notices area enclosed as Annexure IV. However till now APPCB has not received any reply for the notices by the units.
XI Remedial measures suggested by the Joint Committee
1. Due to non-availability of designated site for dumping the Granite slurry, the units are disposing the waste in low lying areas, along road sides and in unauthorized lands causing air and other environmental issues. Government of AP or the District Administration, Srikakulam shall allocate suitable site within the existing Granite processing units or located at isolated place preferable 1km away from any notified human habitation.
2. After identification of designated site for disposal of Granite slurry, the Marble association shall construct the dumping yard with sufficient depth and for fulfilling 5 years dumping requirements. The yard shall be provided with decanter wells, so that decanted water is recycled in gang saw units.
3. The Marble/Granite slurry can be used in road pavements &National Highway Authority of India (NHAI) road constructions replacing soils, Granite slurry can be utilized as low cost binder for non-load bearing structures as per Public Work Department (PWD). It can be also utilized in brick manufacturing, in artifacts manufacturing, as a coarse aggregate in concrete for the civil constructions and building materials.
4. The inorganic & non-hazardous Granite slurry can be utilized in above activities after been examined in detail in consultation with the various organization/reputed institutes/industries like Cement manufacturer, NCBM, CRRI, CDOS etc. for evaluating most techno-economical & viable solution/option of slurry disposal.
5. The broken Marble slabs from the cutting process shall be collected, stored and utilized by the Marble chip & tiling units.
6. Granite association shall engage any reputed institutions such as IITs, NITs, etc. to explore the possibility of utilizing the Granite slurry and device an action plan.
7. Granite association shall educate and create awareness in public to utilize Granite/Marble waste for filling the low lying areas duly covering with soil to avoid spreading in the surroundings and the units should not dump the waste along the road side as well in agricultural fields un-authorizedly."
5. From the above, it is seen that there are large number of unregulated granite cutting and polishing units operating in violation of norms. Defence of simplifying procedure cannot be valid at the cost of the environment and public health. Simplicity of procedure can be appreciated if it does not harm the public interest and not otherwise. In 5 the name of simplification, the State is unfortunately avoiding its duty to protect environment and to protect public health. It is clear that slurry is being dumped along the approach road and also on the private land without consent of its owners. This is resulting in degradation of environment by air, water and land pollution. Groundwater is also getting contaminated. Top soil and its fertility are affected. It is causing health hazards like respiratory and other problems. Action taken by the State PCB is merely issuance of notice dated 18.01.2022. Since the violations are serious and adversely affect the environment and public health, emergent remedial action is needed to prevent continuing violations and making violators accountable for past violations, following due process. There is need to assess realistic compensation on polluter pays principle which is to be used for restoration measures. The polluting activities in violation of Air, Water and EP Acts need to be regulated by appropriate mechanism. Mere giving label of 'Green' cannot be licence to damage environment. It is only a procedural aspect not obviating need against violation of environmental norms such as causing pollution. Let remedial action be now taken in a mission mode so as to forthwith stop the polluting activities till mitigation measures are adopted and also recover compensation. There has to be defined action plan for restoring the area in question and a designated and well-engineered designed utilization and disposal of slurry.
6. The Chairman and Member Secretary of State PCB and District Magistrate, Srikakulam may remain present in person by video conferencing with their action taken reports on the next date. The State PCB may also put the concerned units to notice of these proceedings for their response, if any, before the next date.
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List for further consideration on 14.09.2022.
A copy of this order be forwarded to the Chairman and Member Secretary of State PCB and District Magistrate, Srikakulam by email for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM July 20, 2022 Original Application No.164/2022 A 7