National Green Tribunal
Chandran Pillai N vs The Secretary on 15 February, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 4 & 5:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 439 of 2013 (SZ)
(THC) (W.P. (C) No. 3637/2012)
With
Original Application No. 456 of 2013 (SZ)
(THC) (W.P. (C) No. 1367/2011)
IN THE MATTER OF:
Chandran Pillai,
Kollam and Anr. ... Applicant(s)
Versus
Union of India and Ors. ...Respondent(s)
WITH
Manushyavakasha Paristhithi
Samarakshana Samithy ... Applicant(s)
Versus
Union of India and Ors. ... Respondents
Date of hearing: 15.02.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
O.A. No. 439 of 2013 (SZ)
For Applicant(s): M/s. Anister Hakeem
For Respondent(s): M/s. Me. Saraswathy for R1.
M/s. E.K. Kumaresan through
John Alexander for R2, R5.
M/s. V.K.Rema Smrithi through
Nivedita S. Menon for R3.
M/s. D. Kamatchi for R4.
O.A. No. 456 of 2013 (SZ)
For Applicant(s): None.
For Respondent(s): M/s. ME. Saraswathy represented M.
Sumathy for R1.
M/s. E.K. Kumaresan through
John Alexander for R2, R5.
M/s. V.K.Rema Smrithi through
M/s. Nivedita S. Menon for R3.
M/s. D. Kamatchi for R4.
ORDER
1. As per order dated 02.11.2020, this Tribunal had considered the report by the Chairman, State Level Monitoring Committee which is extracted in Para 9 of the order and thereafter passed the following order:-
"11. It is quite unfortunate that the State Government though in spite of directions given have not filed their response to the directions issued by this Tribunal regarding steps taken by them to resolve the sorry state of affairs and non implementation of the directions of the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 where the Principal Bench had heavily come on the Chief Secretary of State of Kerala, for non implementation of the Solid Waste Management Rules, 2016 in their State. The District Collector has also not come with any report about the steps which he is expected to take under Rule 12 of the Solid Waste Management Rules, 2016 in spite of the directions given by this Tribunal. If the authorities are under the impression that no action will be taken by the Tribunal for non implementation of the directions then, they are on the wrong assumption. They are forgetting the fact that this Tribunal has power under Section 25 of the National Green Tribunal Act 2010, even to punish the Officers who are not complying with the directions issued by this Tribunal for disobedience of implementing the directions issued by this Tribunal. If by the next time the Kollam Corporation does not come with any concrete proposal for meeting the situation so far, they will also face the same consequences.
12. Under such circumstances, we feel that one more opportunity can be given to the Kollam Municipal Corporation as well as the State officials namely, the Chief Secretary and the Principal Secretary of Municipal Administration and the Principal Secretary of Environment and the District Magistrate, Kollam District to come with their proposed specific action plan to implement so as to resolve the issue in an effective manner, to protect the interest of the people and the health of the people in that locality, who are affected much on account of the negligent attitude on the part of the Corporation authorities in failing in their duty to implement the Solid Waste management Rules, 2016 in its letter and its spirit. If they do not come with such report before the next hearing date then, they are directed to submit their explanation as to why action should not be taken against them for disobedience of the directions issued by this Tribunal as contemplated Under Section 25 of the National Green Tribunal Act, 2010.
13. The Kerala State Pollution Control Board is also directed to submit their further action report on the basis of the steps taken by them as mentioned in their report dated 10.10.2020 and received by this Tribunal on 16.10.2020.
14. The Chief Secretary, State of Kerala, the Principal Secretary of local administration and Environment as well as Kollam Municipal Corporation and the District Magistrate Kollam to submit the report as directed above on or before 19.01.2021 by e-filing along with necessary hard copies to be produced as per rules.
15. The Registry is directed to communicate this order to the Chief Secretary, State of Kerala, the Principal Secretary of local administration and Environment of State of Kerala and the District Magistrate, Kollam and the Secretary, Kollam Municipal Corporation and the Kerala State Pollution Control Board by e-mail immediately, so as to enable them to comply with the direction.
16. The Registry is also directed to communicate this order to the State Level Monitoring Committee, Kerala so as to enable them to submit the further status report regarding the implementation of Solid Waste Management Rules in Kollam Municipal Corporation by the next hearing date."
2. The case was posted to 19.01.2021 for consideration of further report. On 19.01.2021 the case was adjourned to today by notification.
3. When the matter came up for hearing today through Video Conference, Sri. Anister Hakeem represented the applicant in O.A. No. 439 of 2013 and there was no representation for the applicant in O.A. No. 456 of 2013. Smt. M.E. Saraswathi represented first respondent in O.A. No.439/2013 and she had represented M/s. M. Sumathy counsel for 1st respondent in O.A. No. 456 of 2013, Sri. E.K. Kumaresan through John Alexander counsel for respondents 2 & 5 in both the cases, Smt. Rema Smrithi through Nivedita S. Menon counsel for 3rd respondent in both the cases and M/s. D. Kamachi represented 4th respondent in both the cases.
4. We have received a Additional report dated 09.01.2021 filed by the Chairman, State level Monitoring Committee which reads as follows:-
"Additional Report This Hon'ble Tribunal as per order dated 2.11.2020 has called for a further status report regarding the Solid Waste Management in Kollam Municipal Corporation, Kerala.
As ordered, the status report was called for from the Kollam Municipal Corporation through the KSPCB. The details received are consolidated in a tabular form which is appended as Annexure X-1 to this report.
It can be seen from AnnexureX-1, that the total quantity of solid waste generated within the local limits of Kollam Municipal Corporation is 112.45 TPD. It can also be seen that out of the aforesaid total quantity, the quantity of solid waste processed is only 94.66 TPD. Out of the aforesaid quantity of waste processed, 37.02 TPD of wet waste is treated at household and establishment levels through de-centralised facilities like composting. It is given to understand that waste is collected by informal sectors also.
The available data shows that the Municipal Corporation has registered an improvement, i.e., from 59.9% to 80.6%, in door to door collection between October and December, 2020.
It is learnt that M/s.Venad Waste Management Solutions Pvt.Ltd., has submitted the draft DPR for the Integrated Solid Waste Management project with a Biomethanation plant and RDF plant with processing capacity, and DPR evaluation is done.
Dated this the 9th day of January, 2021.
STATUS OF SOLID WASTE MANAGEMENT IN KOLLAM CORPORATION (As per the report of Kollam Corporation) No. Item May,2020 October, 2020 December, 2020
1. Name of Corporation Kollam Kollam Kollam
2. Population (2011) 3,97,000 3,97,000 3,97,000 3. Number of wards 55 55 55
4. Number of households 88,332 88,332 88,332
5. Number of establishments 9,825 9,825 9,825 HOUSEHOLDS
6. Number of households having 52,899 71,168 Segregation at source (59.9%) (80.6%)
7. No of HHs having Door to 52.899 Initiated cluster 71,168 Door collection for dry waste (59.9%)S Form with 18 (80.6%) HKSs in one zonal Area ensure
8. No of HHs having Door to nil 100% door to nil Door collection for dry waste Door collection ESTABLISHMENTS
9. Number of establishments are (48.9%)4800 (48.9%) 4800 Having segregation at source (48.9%)
10. Number of establishments 4800 (48.9%) 4800 Are having door to door (48.9%) Collection NON-BIODEGRADABLE COLLECTION FACILITY 11. Number of Haritha 124 182 173 Karmasena 12 Material collection facility 1 131 13 Resource recovery facility 1 2 2 14. No of Vehicles 2 4
15. Non-biodegradable Glass 7T 25.5 TPD Tube light 5T Bailed plastic14T Shredded platic15T Rejects and Leather waste 27T Dumped legacy Waste 263T Biodegradable waste Households no of working Pipe compost 462 Biogas plant 1273 Biocomposter, 720 Biobin, pot bin Total 2455 Biogas comm. 13 Unity level Aerobin 13 House holds no of working Pipe compost 750 1.5 Biogas plant 1591 7.955 Vermin compost 35 0.07 Biocomposter, biobin 2755 55 Pot bin Total 29841 Community level Biogas community 13 6 Aerobin 27 1.4 No of working Pipe compost 1750 2.6 Pipe compost 2100 4.2 Biogas plant 2100 4.2 biobin 6954 (ongoing 13.9 20546) Ring compost 750 1.2 Bucket compost 3200 4.8 Compost pit 7025 10.5 Vermin 35 0.07 compost total 21814 37.27 Community level Biogas community 13 5.6 level Aerobin 26 13 Total 36 6.9 2206 houses and 68 establishments are having source level treatment 14.5. TPD is treated through decentralized units 10.5 TPD is collected and treated Total quantity of waste generated 112.5 TPD Quantity of waste processed 20.07 TPD Quantity of waste collected by informal 25 TPD Waste collectors i.e., chicken waste 10TPD Hotel waste- 15 TPD Quantity of waste that can be processed 71.92 TPD (including ongoing projects) 71.92 TPD ongoing project Total quantity of waste generated 112.5 Quantity of wet waste processed at 44.1.TPD household and establishment level quantity of dry waste processed 25.5 TPD Quantity of waste collected by informal 25.5 TPD Waste collectors i.e., chicken waste 10 TPD hotel waste 15 TPD Total quantity of waste processed 94.66 TPD
5. The District Collector, 5th respondent has filed a report dated 18.01.2021 which reads as follows:-
"Report submitted by the District Collector, Kollam before the Hon'ble National Green Tribunal, Southern Zone, Chennai in O.A. No.439/2013 & 456/13 As submitted earlier, M/s Zonta lnfratech Private Limited was selected for the bio mining of legacy waste dumped in the 2.5 Acres of land at Kureepuzha in Kollam District. Accordingly the Kollam Municipal Corporation invited steps for executing agreement with them. Meanwhile th the 35 SLAC meeting decided to share the draft agreement made between the said Ws Zonta Infratech Pvt. Ltd and the Kozhokode Municipal Corporation, with the Kollam Municipal Corporation.
On verification of the draft agreement forwarded to the State LevelAdvisory Committee Meeting (SLAC), it was found that M/s Zonta Infratech Pvt. Ltd had requested to sanction 25% of the contract value as mobilization advance which is against the terms and conditions in the tender notification by the Kollam Municipal Corporation. As the company is not a Government accredited Company, it was not possible to sanction the requested advance as per the existing Government direction. Hence the Corporation Council meeting held on 14.07.20 decided to obtain concurrence from the Government of Kerala for executing agreement as per the conditions stipulated by the agency. Accordingly the Secretary, Kollam Municipal Corporation addressed the Principal Secretary, LSGD Government of Kerala on 21.7.20 for necessary Government concurrence in the matter. On 10.09.20,the State Government clarified that the Kollam Corporation must not alter the tender conditions and must follow the PWD.manual while entering into contact with M/s. Zonta Infratech. Based on Government clarification Secretary, Kollam Corporation issued a letter to M/s. Zonta Infratech, on 11.09.20, to sign the contract agreement as per the made as per the Tender condition. The Municipal Corporation Council considered the matter and decided lo implement the tender procedures through KSlDC as land has already been leased to them to start waste to Entry Plant and they have already tendered similar bio mining legacy waste in Kochi. kozhikode and Kannur Municipal Corporation. Several meetings were also conducted at the Government level to resolve the issue and to decide the course of action to be taken to start bio mining before 19.1.21 ( the date prescribed in the order dated 2.11.20 of the Hon'ble National Green Tribunal), On 22.12.20 the Principal Secretary to Government informed that Kollam Corporation must take necessary step for retender of the work immediately. lt was also instructed that the new tender document must adhere to Central Vigilance Commission guidelines and PWD manual.
Considering the fresh direction from the Government, the Kollam Corporation addressed Suchithwa Mission for preparing a new tender document as the previous one was prepared by them. The District Suchithwa Mission forwarded the document on 05.01.2021 to the Kollam Corporation after necessary scrutiny and correction. After incorporating the connections made by the Suchithwa Mission the Kollam Corporation on 06.01.2021 has plotted tender for bio mining of legacy waste at Kumepuzha, Kollam. The Tender opening date is 20.01.2021. The bio mining work will commence immediately after completing the tender process.
It is also submitted that the undersigned is closely monitoring the progress of implementation of the bio mining project at Kureepuzha, Kollam. As the local resident has raised objections against the proposed construction of waste to Energy plant at Kureepuzha the undersigned has convened a series of meeting. In the meetings held on 21.10.20, 27.10.20., 31.12.20 repreventatives of all recognized political parties attended along with officials of Kollam Corporation, Revenue, Police etc. A video presentation was also made on 01.11.20 at Sunbay Auditorium, Kureepuzha for creating awareness among the local residents regarding the need for the plant and to clear their doubts/fear in this regard."
6. The Kerala State Pollution Control Board (KSPCB) filed a report dated 16.01.2021 and received on 25.01.2021 which reads as follows:-
REPORT FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM, THE 3RDRESPONDENTIN APPLICATION NO. 439/2013(SZ) I, Simi P., aged 39 years, D/o. T.V. Baby residing at Anizham, Maithanam, Varkala P.O., Thiruvananthapuram- 695141, Environmental Engineer, Kerala State Pollution Control Board, District Office, Kollam, do solemnly affirm and state as follows:
1. The Hon'ble NGT in its Order dated 13.07.2020 in OA 439 of 2013 (SZ) had directed the Board as follows:
"Kerala State Pollution Control Board is also directed to inspect the area in question and submit a status report showing the real state of affairs including the violation if any of non-implementation of provisions of the Solid Waste Management Rules, 2016 in Kollam Corporation and any damage has been caused on account of the negligence act of miss- management of legacy waste, assess environmental compensation and take steps to realize the same from the defaulter and submit a detailed report to this Tribunal."
Accordingly this respondent had submitted detailed report dated 10.10.2020. When the matter was considered on 02.11.2020, the Hon'ble NGT observed that there is no considerable progress in the implementation of Solid Waste Management Rules, 2016 by the Corporation. The Hon'ble NGT had directed the Board to submit further action taken report on the basis of the steps taken as mentioned in the report dated 10.10.2020.
2.As per the Order of the Hon'ble NGT, the Board had been conducting regular inspection in the Corporation area. There were certain hot spots near Kollam Port, on the banks of Kollam thodu, near Ashramam etc. where repeated incidents of waste dumping were noticed. The Secretary Kollam Corporation was issued notice regarding the same. From the recent inspections conducted by Board Officials it was noticed that though there is improvement with respect to decentralized and house hold level treatment systems, the implementation of the Solid Waste Management Rules, 2016 has not yet reached 100%. Waste dumping was noticed again on the banks of Kollam thodu, near Kollam Port etc. The matter of waste dumping was brought to the attention of the District Level Monitoring Committee (DLMC) in its monthly meeting and the District Collector (Chairman, DLMC) had directed the officials concerned to take urgent remedial action. The Board hadalso called for report from the Secretary, Kollam Corporation regarding the updated status of implementation of the Solid Waste Management Rules, 2016 and bio-mining of the legacy waste at Kureepuzha dump site.The Secretary had submitted the latest status report on 13.01.2021 regarding the progress of implementation of the SWM Rules and the status of bio-mining. The Report of the Secretary dated 13.01.2021 is produced herewith and marked as Annexure R3(a) .
3. As per Annexure R3(a) report of the Secretary, non- biodegradable waste is collected from households and individual establishments by Haritha Karma Sena (HKS). Currently 182 HKS members work across 55 divisions of the Corporation. Number of members working per health circle ranges from 16 - 24. Most of the HKS members follow a monthly schedule for visiting households. The daily working hours are fixed as 9 am - 5 pm. Households are visited once a month and commercial establishments are visited twice a month. Till December 2020 user fee collected by the HKS is Rs.35,00,000/-. User fee collected is deposited in bank account (Micro Enterprise Group Account) monthly, which is the source of income of the HKS.Till December 2020, HKS had visited 83% of households and 70% of commercial establishment in KMC. To render the service of the HKS in a more systematic manner, each division was divided into clusters having 100- 120 houses each. A cluster book is maintained by HKS in which the collection can be recorded. The households were also given a consumer card for their record. The new collection system has been able to ensure 100% collection of non-degradable waste within six months.
4. The collected non-biodegradable waste is stored at the collection point i.e.: material collection facilities setup at under zonal office. Around 250 mini MCFs are being installed in Kollam Corporation. From MCF, non degradable waste is transported to material recovery facilities(MRF) at Anchalumood, which is having a shredding machine and bailing machine. At the shredding unit run by Corporation, 4 staff are employed to segregate, bail and shred non-biodegradable waste. The final shredded plastics are sold to Clean Kerala Company. So far, 5Tonnes of shredded plastic had been used in road tarring works by KMC itself. Moreover, in the bailing unit plastic bottles, PP cover, Milma cover etc. get bailed separately and are sold to Clean Kerala Company for recycling. The Secretary as per Annexure R3(a)had reported that the Corporation had conducted many drives for collecting hazardous wastes which were then sent to Clean Kerala Company. Further, one number of Resource Recovery Facility (RRF) is established and the another one is under implementation stage, each RRF has a floor area of 5000sqft to facilitate the segregation and preparation of recyclable materials for marketing to end-user manufacturers.
Details of non-degradable waste sold to clean Kerala Company is given below:
Quantity of Non- Degradable Waste sold to Clean Kerala Company Glass Waste 7T Tube Light 5T Bailed Plastic 14T Shredded Plastic 15T(given to various Panchayats and Municipalities for road tarring works) Rejects and Leather Waste 27T Dumped Legacy Waste 263T TOTAL 331 Tonnes
5. The Corporation had provided bio-degradable waste management facilities at source level like bio digesters, biogas plants, bio compost bins, pipe compost, ring compost etc. for households and commercial establishments. KMC is also providing bio compost bins at subsidised rate for achieving 100% conversion of biodegradable waste at the source itself. At community level, Kollam Corporation had provided de-centralised treatment systems viz., aerobic composting units and community based bio gas plants. An integrated solid waste management facility consisting of a waste to energy plant of 200TPD capacity is proposed by Government of Kerala at Kureepuzha. KSIDC is the nodal agency for the same.
The details of the solid management facilities existing in Kollam Corporation are as follows:
BIODEGRADABLE WASTE MANAGEMENT Treatment Facilities Nos Quantity treated (TPD) Household Level Biogas Plants(HH) 2100 4.2 Pipe Compost(HH) 1750 2.6 Bio composter(HH) 6954 27.5 Vermicomposting(HH) 189 0.2 Ring compost(HH) 750 1.2 Compost pit(HH) 7025 10.50 Bucket compost(HH) 3200 4.8 Community Level(Decentralized Facility) Aerobic Composting Unit 27 1.30 Biogas Plants(Community 13 5.60 Level) Informal Waste Collectors ( Hotels and Chicken Stall) 25.0 Total quantity of bio- degradable waste treated in facilities including 65.9TPD those procured by individuals on their own
6. With respect to the progress of the bio-mining of legacy waste, the Secretary as per Annexure R3(a)had reported that the L1 bidder for bio-mining, M/s. ZontaInfratech had expressed unwillingness to sign agreement with the Corporation as their payment terms were not approved by the State Govt. and hence, the Corporation Council had decided to implement the tender procedures for bio-mining in Kollam Corporation through Kerala State Industrial Development Corporation (KSIDC), as the land having legacy waste includes the land assigned for establishing waste to energy plant and this land has been leased to KSIDC for the same. Further, KSIDC hadalso tendered for similar projects of bio-mining of legacy waste in Kochi, Kozhikode and Kannur Corporations.
7. As per Annexure R3(a)report, State Level Advisory Committee (SLAC) convened on 05.11.2020 had suggested to conduct a meeting chaired by the Principal Secretary (Urban Affairs) to decide the course of action to be taken to commence bio-mining before 19.01.2021 in compliance with the NGT order dated 02.11.2020. A preliminary meeting between KSIDC, Kollam Corporation and M/s. ZontaInfratech was also convened by the Director of Urban Affairs on 18.11.2020, to discuss the matter. Also, on 18.11.2020 and 19.11.2020, the Principal Secretary had called for a meeting to resolve the issue. Further, on 24.11.2020 a meeting chaired by Principal Secretary (Urban Affairs) was called for to discuss the removal of legacy waste from the dump site at Kureepuzha and it was decided to avail the services of NIT, Calicut towards supervision of field survey for estimation of the legacy waste and monitoring its removal and related capping. And regarding payment to M/s. Zontainfratech, it was decided that the same shall be made on a running bill basis monthly. Meanwhile, Kollam Corporation received willingness letter from NIT, Calicut through the Director Urban Affairs. Kollam Corporation had sent the project summary and details regarding the legacy waste to NIT Calicut. As per the instruction received from the Government, on 25.11.2020 the bio-mining file was handed over to the Director (Urban Affairs).
8. As per Annexure R3(a) report, in the meeting dated 10.12.2020 chaired by the Chief Secretary to discuss various Orders of the Hon'bleNational Green Tribunal, it was conveyed that a final order will be issued regarding the bio-mining of legacy waste. On 22.12.2020, the Corporation received the file on bio-mining and a letter from the Principal Secretary to Government stating that the Corporation shall take necessary steps for re-tender immediately. Also, it was suggested that the new tender document shall adhere to CVC guidelines and PWD manuals. Accordingly a letter was sent to Suchitwa Mission to prepare a new tender document, since the previous tender document was also prepared by Suchitwa Mission. Suchitwa mission had scrutinized the document and returned the document on 05.01.2021.
9. The Secretary as per Annexure R3(a)had reported that on 06.01.2021 after incorporating the corrections made by the Suchitwa mission, Kollam Municipal Corporation had floated tender for Bio- mining of the Legacy waste at Kureepuzha, Kollam. The tender opening date is 20.01.2021. In the pre-bid meeting conducted on 12.01.2021 three companies had participated. The Secretary had assured that after the selection of the successful bidder the work will commence at the earliest.
10. The Board officers had inspected the community level waste management facilities, RRF and various MCFs of the Corporation. Also as part of the survey conducted by Board Officers and in connection with the sanitation survey of Ashtamudilake, a number of households were visited randomly and the existing waste management facilities were verified. The data was comparable with the report of the Corporation Secretary.There are 88332 houses and 9825 establishments in Kollam Corporation. The total quantity of waste generated in Kollam Corporation is 104.60TPD. The Corporation had engaged Harita Karma Sena having 182 members for door to door collection of dry waste. As per the latest quarterly progress report submitted by the Corporation, households having segregation at source and door to door collection by Harita Karma Sena for dry waste was 71168 and establishments having segregation at source and door to door collection by Harita Karma Sena was 4800. i.e. 80.6% of houses and 48.9% of establishments were covered under door to door collection of dry waste. Out of the 33.7 TPD of dry waste generated, 25.563 TPD is processed.Total dry waste processed is 75.85%. There is no door to door collection of wet waste. 34 TPD of wet waste is processed at source through the facilities provided by Kollam Corporation (at subsidized rate) as well as through facilities procured by individuals on their own. About 6.9 TPD of wet waste is processed at community level (decentralized facility) utilized by households (especially in slum areas) that are not having enough space for installation of source level treatment facilities. 25 TPD of chicken waste and hotel waste were collected by informal waste collectors. Hence, total 65.9TPD of wet waste is treated. Total wet waste processed is 92.94%. Over all waste management facilities currently available are treating about 87.4% of the total solid waste generation.
11. The gap in solid waste management had reduced from 43.78 TPD in October 2020 to 13.137 TPD in January 2021. As such there is progress in the implementation of Solid Waste Management Rules 2016 by the Corporation. The Corporation Secretary had also incorporated in the report an action plan for the year 2020-21 with an aim to become Zero Waste City in compliance of the Order of the Hon'ble NGT.
12. Government of Kerala had selected Kureepuzha in Kollam Corporation to set up the Waste to Energy plant of capacity 200TPD with a bio-methanisation plant, a refuse derived fuel unit and a landfill. 7.05 acres of land in Kureepuzha was leased to KSIDC (nodal agency) and Kollam Corporation had also signed the concession agreement for the same. Report was also called for from KSIDC regarding the status of the proposed Waste to Energy Plant. The Project Director, KSIDC had reported as per letter dated 23.12.2020 that the detailed project report(DPR) of the same is in the evaluation stage. The Project Director had assured that the DPR will be submitted to the Board for Consent to Establish on its final approval. With the implementation of integrated solid waste management facility - Waste to Energy Plant, Kollam Corporation will be able to achieve 100% management of solid waste. The report of KSIDC dated 23.12.2020is produced herewith and marked Annexure R3(b).
13. The Hon'ble NGT had directed the Board to submit the report on further action on the basis of the steps taken as stated in the report dated 10.10.2020. Accordingly the Board verified the waste management facilities currently available in the Corporation and also the quarterly progress reports submitted by the Corporation in compliance of the Order of the Hon'ble NGT in O.A.No. 606/2018. Based on the current waste management capacity gap of 13.137 TPD, the Environmental Compensation applicable is Rs.3,44,76,600/- (Rupees three crore forty four lakh seventy six thousand six hundred only). The Board Chairman has issued notice dated 16.01.2021 to the Secretary, Kollam Corporation under section (5) of the Environmental Protection Act, 1986 prior to realization of EC. The copy of the notice dated 16.01.2021 is produced herewith and marked Annexure R3(c).
All that stated above are true to the best of my knowledge information and belief.
Dated this the 16thday of January 2021."
7. The second respondent Chief Secretary also filed a report dated 20.01.2021 and it is received on 29.01.2021 which reads as follows:-
"REPORT SUBMITTED BY THE CHIEF SECRETARY/2nd RESPONDENT The 2nd respondent humbly submits the report as follows:-
1. It is submitted that Principal Secretary (Urban) Local Self Government Department on behalf of the Chief Secretary, Thiruvananthapuram/2nd Respondent herein has filed a report dated 19.01.2021 in both are above Original Applications as per the direction of this Hon'ble National Green Tribunal dated 02.11.2020 in the above said both O.As.
2. It is submitted that in the above sand O.As the Hon'ble Green Tribunal has directed the Kollam Municipal Corporation to remove the legacy waste at Kureepuzha dump site. As per the GO (Ms) No.82/2018//LSGD dated 11.08.2018, the Government have accorded sanction for the setting up Integrated Waste management Project with Waste to Energy facility at seven identified locations in the State and Kerala State Industrial Corporation (KSIDC) has been appointed as the Nodal agency for implementing project.
3. It is submitted that as per the tender document for the removal of legacy waste at Kureepuzha, rate arrived for bio-mining of 1M3 of legacy waste was Rs.9,229/- in a separate payment mode.
Thereafter M/s. Zonta approached the Corproation requesting that the terms and conditions and payment mode followed in other similar projects or removal of legacy waste at Njeliyamparambu, Kozhikode, under supervision of KSIDC.
4. It is submitted that as per the payment modality for the project in Kozhikode, 25% of the amount has to be released both the actual starting the process of bio-mining and also included provisions for 2% security deposit. On 02.11.2020 as per the order of Hon'ble Green Tribunal has suggested to convene a meeting dated 05.11.2020 by the Principal Secretary/2nd respondent decides the course of action to be taken. Accordingly on 18.11.2020 the Principal Secretary/2nd respondent has convened meeting and discussed the matter of resolves and issuance of removal of legacy waste at Kureeppuzha enclosed herewith in the report along with the list of project included in the financial year 2020-2021 and 2021-2021. Hence, in thus result as per the directions of the Hon'ble Green Tribunal, Kollam Corporation is planning to become a Zero Waste City with the implementation of the projects being implemented and the planned projects to be implemented.
Therefore it is most humbly prayed that this Hon'ble Tribunal may be pleased to take the said report filed by the Principal Secretary/2nd respondent on Record and pass such further or other orders may deem fit and proper in this case and thus render justice.
Dated at Chennai on this the 20th day of January 2021."
8. The Chief Secretary has annexed the report submitted by the Principal Secretary which reads as follows:-
"Report for submission before the Hon'ble NGT based on the order dated 02.11.2020 in O.A. No. 439/2013 SZ and O.A. No.456/2013 SZ by Principal Secretary (Urban) Local Self Government Department on behalf of Chief Secretary and Principal Secretary, Environment Department.
Hon'ble National Green Tribunal, South Zone, Chennai in O.A. No. 439/2013 (SZ) and O.A. No. 456/2013 (SZ) has directed Kollam Municipal Corporation to remove the legacy waste at Kureeppuzha dump site, as per Solid Waste Management Rules, 2016 Schedule I Clause J and to do bio-mining/capping thereafter, Corporation conducted a total station survey of the legacy waste in 2.5 acres and estimated amount for the project was Rs. 3,82,85,000/- Kollam Corporation has floated tender on 23.10.2019 for bio-mining of Legacy waste dumped on 2.5. Acres of land owned by Kollam Municipal Corporation: M/s. Zonta Infratech Pvt. Ltd., has been selected as the lowest bidder and Corporation council meeting held on 23.01.2020-has approved lowest rate of Rs. 3,74,42,730/- quoted by M/s. Zonta Infrastech Pvt. Ltd for the removal of legacy waste.
As per GO (Ms) No.82/2018/LSGD dated 11.06.2018, Government have accorded sanction for the setting up of Integrated Waste Management Project with Waste to Energy facility at seven identified locations in the State and Kerala State Industrial Development Corporation (KSIDC) has been appointed as the nodal agency for implementing the projects. Kureepuzha at Kollam District is one of the seven sites identified for the setting up of waste to energy plant. As per the Government Order mentioned above, the Kollam Corporation had transferred 3.3 acres of land from 5.8 acres for the establishment of Waste of Energy Project. To find out the exact quantity o waste M/s. Zonta Infratech Pvt. Ltd., has conducted a further survey on 29.02.2020 and it was found that there exists an additional quantity of 71,974m3 (including the legacy waste dumped at 3.3 acres of land transferred to KSIDC on lease for the establishment of waste to energy plant.
As per the tender document for the removal legacy waste at Kureepuzha, rate arrived for bio-mining of 1m3 of legacy waste was Rs. 9229 and the payment mode for the removal of waste was as follows:
Sl. No. Work Component % of quote
amount
Releasable
1. After completion of bio-mining and shifting of the 30 recovered items from the site 2 After completion of capping of rejects/inert/non- 30 recoverable 3 Construction of drains, wells and completion of 30 landscaping work and handling back the site after full completion 4 After 4 months from the handing over of the site 10 after completion of work.
Thereafter, M/s. Zonta approached the Corporation requesting that the terms and conditions and payment mode followed in other similar projects like project excited for the removal of legacy waste at Njeliyamparambu, Kozhikode, under the supervision of KSIDC have to be accepted for the removal of legacy waste at Kureepuzha also. Since, approval for the same was not obtained within the tender period of 210 days M/s. Zonta informed the Corporation through a letter that they are not willing to enter into an agreement for the implementation of the project.
As per the payment modality for the project in Kozhikode, 25& of the amount has to be released before the actual starting the process of bio-mining and also included provision for 2% security deposits. As per the order dated 02.11.2020, the Hon'ble NGT has issued an ultimatum to come up with definite action plan before 19.01.2021, to resolve the issues connected with removal of legacy waste dump and implementation of Solid Waste Management Rules, 2016 in connection with the matter in question. State Level Advisory Committee (SLAC) Chaired by Chief Secretary on 05.11.2020 has suggested to convene a meeting chaired by Principal Secretary on 05.11.2020 has suggested to convene a meeting chaired by Principal Secretary (Urban affairs) to decide the course of action to be taken based on the order dated 02.11.2020 of Hon'ble NGT. Accordingly, the Principal Secretary (Urban), Local Self Government Department has convened a meeting on 18.11.2020 to discuss the matter to resolve the issue of removal of legacy waste at Kureeppuzha.
To discuss the concerns raised by M/s. Zonta Infratech Private Limited., and to chalk out action plan to comply with the direction of Hon'ble NGT in O.A. No. 439/2013 - SZ and O.A. No. 456/2013-SZ, Principal Secretary (Urban), Local Self Government Department has convened another high level meeting on 24.11.2020 with Director of Urban Affairs, Executive Director Suchitwa Mission, District Collector, Kollam, Member Secretary Pollution Control Board, Kollam Corporation Secretary, Project manager, KSIDC and representatives of M/s.Zonta Infrtatech Pvt., Ltd., In the meeting Zonta Infratech Pvt, Ltd., has informed that has informed that they are willing to take up the project if their concerns and addressed. The matter was discussed in detail and the following decisions were arrived at.
The final quantity of legacy waste including that was surveyed after the bid will be assessed by Kerala State Pollution Control Board (KSPCB) and Kerala State Industrial Development Corporation and the excess amount of land containing the legacy waste will be brought under the purview of the contract. Kerala State Pollution Control Board was directed to do the technical support and hand holding. But KSPCB informed that the actual assessment might take more time. Hence, it was decided that the services of NIT Calicut shall be requested for the assessment and Pollution Control Board will provide all support in this matter. Director of Urban Affairs will contact NIT Calicut and appraised the Principal Secretary.
Payment to M/s. Zonta Infratech Pvt., Ltd., based on the rate and quantity mentioned in the tender will be extrapolated to the finally assessed quantity as mentioned above.
The payment to M/s. Zonta Infratech Pvt. Ltd., will be made on a running bill basis every month, within 7 days of submitting the bill, the Corporation will pay 70% of the amount. Thereafter the bills/work will be verified and it found correct, rest of the amount will be paid within the next 7 days. If Kollam Corporation is not having enough funds for payment of bills the amount the amount will be deducted from the Plan Fund by Government so as to ensure the payment.
M/s. Zonta Infratech Pvt., Ltd agreed to take up the work and execute the agreement as per the decisions arrived at the meeting.
Further, Government have examined the matter of payment mechanism formulated in the meeting held by Principal Secretary (Urban), Local Self Government Department on 24.11.2020 and following direction has been issued to Director of Urban Affairs.
The request to modify the tender conditions and release of 25% as advance payment is not admissible as per current rules in force. As per guidelines issued by Central Vigilance Commission (CVC) and payment to be made as mobilization advanced shall be clearly specified in the tender conditions. Hence payment schedule as per tender conditions shall be strictly complied under normal circumstances. The request to relax the performance guarantee from 5% (stipulated in tender) to 2% is in violation of Public Work Department (PWD) manual and the tender conditions. The payment to be made to M/s. Zonta Infratech Pvt., Ltd., on a running bill basis every month for the removal of legacy waste also a violation from the tender conditions in the tender while singing the agreement is not admissible. In case the lowest selected bidder is not agreeable to tender conditions, fresh tenders shall be invited with adequate modifications in tender conditions and in compliance of CVC guidelines and PWD manual. Mobilization advance if any to be included in the fresh tender shall be as per the existing PWD norms and shall be against bank guarantee. Accordingly, Kollam Municipal Corporation has floated tender for bio-mining of the legacy waste at Kureeppuzha, Kollam on 06.01.2021. The tender opening date is 20.01.2021. After the selection of the successful bidder the work can be started soon.
SOLID WASTE MANAGEMENT IN KOLLAM CORPORATION The Kollam Municipal Corporation (KMC) has taken imperative steps to facilitate door to door collection of non-biodegradable waste, segregation of bio-degradable and non- bio-degradable waste into compost at source itself and proper recycle or utilization of the non- biodegradable waste for commercial purposes.
NON-BIO DEGRADABLE WASTE MANAGEMENT Non -biodegradable waste is collected form household and individual establishments by the Haritha Karma Sena (HKS) an initiative of Government of Kerala and Local Self Government Department. Currently, 182 HKS members work across 55 ward of KML Number of members working per health circle ranges from 16-24. Most of the HKS members follow a monthly schedule for visit to households; the daily working time is from 9 AM-5 PM. Households are visited once in a month and commercial establishments are visited twice in a month. Till December 2020, user fee collected by the HKS is Rs. 35,00,000/- Till December 2020, HKS was able to visit 83% of households and 70% of each cluster having 100-120 houses. A cluster book is maintained by HKS in which the collection is recorded. The households are also given consumer card 100% collection of non-degradable waste in six months.
The collected non-biodegradable waste (NBW) is stored at the collection points i.e. Material Collection Facilitates (MCF) setup at each zones of Corporation. Around 250 mini MCFs are being installed in Kollam Municipal Corporation.
From the MEFs, non biodegradable waste is transported to the Material Recovery Facility (MRF) at Ancahalumood, which is having a plastic shredding machine and bailing machine, At the shredding unit run by Corporation, 4 staffs are employed to segregate, bale and shred non-biodegradable waste. The final shredded plastics are sold to the Clean Kerala Company Ltd., so far 5 Tonnes of shredded plastic have been used in road tarring works by KMC itself. In bailing unit plastic bottles, Milma Cover.
(Plastic cover used for the packing of milk) etc. Get bailed separately and sold to Clean Kerala Company Ltd for recycling. One Resource Recovery Facility (RRF) is established and the second one is under implementation stage, each one has a floor area of 5000 sqft to facilitate the separation and preparation of recyclable materials for marketing to end-user manufacturers. Haritha Karma Sena is also collecting, segregating other non-biodegradable wastes rather than plastic wastes like iron, PET bottles, aluminium, PVC items, brass items, card boards etc., from households and selling to scrap dealers thereby generating extra revenue. Out of the 33.7 TPD of Non-biodegradable waste generated. 25.563 TPD is processed.
BIO-DEGRADABLE WASTE MANAGEMENT Kollam Municipal Corporation has provided biodegradable waste management facilities like bio digesters, bio-gas plant, bio- compost bins, pipe compost, ring compost) for treatment of biodegradable waste at each household and commercial establishment. KMC has brought out provisions for availing subsided bio compost bins for achieving 100% conversion of biodegradable waste at source itself. At community level Kollam Corporation has provided de-centralised treatment systems viz, aerobic composting units, community based bio gas plants. An integrated solid waste management project with a waste to energy plant of 200 TPD capacity was proposed by the Government of Kerala at Kureepuzha, Kollam.
The total quantity of waste generated in Kolla Corporation is 112.45 TPD. Out of which about 78.71 TPD is biodegradable waste. Of this 34 TPD is processed at source with the facilities provided by Kollam Corporation (Subsidized) as well as procured by individuals, about 6.9 TPD is processed at community level (decentralised facility) this facility is utilized by households (especially in slum areas) which are not having enough space for installation of source level treatment facilities. 25 TPD of chicken waste and hotel waste were collected by informal waste collections. Hence a total of 65.9 TPD of biodegradable waste is treated out of the 78.71 TPD of biodegradable waste generated. A total of 54674 households out 88332 households were benefited with the completion of current financial year projects i.e., Kollam Corporation has allocated of Rs. 4,95,00,000/- for 27500 no. of bio composter (6954 supplied) in household level, biogas plants (2220 nos)- Rs. 2,31,00,000/- ring compost (3018 no's BPL families) Rs. 75,45,000/- and 5500 compost pit (Ayyankali Urban Employment Guarantee Scheme - AUEGS fund). These projects are in implementation stage and are expected to be completed by 31st March 2021. The gap observed will be filled by implementing new waste management projects in the coming financial year (2020 - 2021).
An amount of Rs. 8,84,46,250/- has been allotted to Kollam Corporation for waste management projects from Swatch Bharat Mission (Urban). This covers aerobic composting units (10 No's) . Material Collection Facilitates (250 no's) Resource Recovery Facility of 5000 Sq. Ft (2 No's) 90% of work allocated under this project is completed. With the advent of integrated solid waste to achieve the 100% management of Municipal Solid Waste. For this, Government of Kerala has selected Kureepuzha in Kollam Corporation to setup a waste to Energy plant of 200 TPD with a Bio-Methanisation plant, Refuse Derived Fuel Plant and a Sanitary Landfill. Land for the purpose of establishing the project at Kureeppuzha has been leased to KSIDC (nodal agency) and Kollam Corporation as signed the concession agreement for the project.
Historically the Kureepuzha dump site was a night soil depot (since the early 1940's) the land was having less value over the period. Nearly 3 acres of land for night soil depot was converted on the 2nd of October 1982 by the then Kollam Municipality for dumping of municipal solid waste. To overcome space constraints, Kollam Municipal Corporation has acquired an additional 1,4,00 acres of land safe management of municipal solid waste. Municipal Solid waste segregation and windrow composting plant (with trammel of different sieve sizes, collection and bagging unit, rejection collection units etc.,) was being constructed along with office building, canteen building, weigh bridge system, compound and fencing. The project was established with the consent of Pollution Control Board and consent to operate plant and other projects were tendered for an amount of Rs. 10 Croes, the project was stalled due to public protest and court order and had to be closed early after spending an amount of Rs. 6.80 Crores. The proposed project was intended to scientifically manage the Municipal solid waste that was being generated within the area of Kollam Municipal Corporation, but due to the protest from the public the project was stalled and the plant and machinery were kept idle since 2012. Further, dumping of waste too is stalled from 2012.
List of Projects in the financial year 2020-2021 SL. Name of Projects No: Amount Remarks No. 1 Bio Composter Bin 27500 Rs.4,95,00,000 6954 supplied and remaining 20546 will be distributed before 31st March, 2021 2 Ring compost 3018 Rs. 75,45,000 Implementation stage 3 Bio gas plants 2200 Rs. 2,31,00,000 Implementation stage 4 Plastic washing machine 1 Rs. 3,50,000 Tendering stage 5 Napkin destroying machine 5 Rs. 2,75,000 Tendering Stage 6 Mini MCF 250 Rs. 1,54,00,000 Completed 7 Bio mining and scientific 1 Rs. 3,82,85,000 Tendered closure of legacy waste at old dump site, Kureepuzha, Kollam 8 Organic waste shredding 1 Rs. 4,90,000 Tendering stage machine 9 Safety equipments and Rs. 14,23,000 Completed other equipments for HKS and sanitation staff's 10 3 wheeler vehicles for door 1 Rs. 24,75,000 Implementation to door collection (Haritha stage Karma family) 11 Bio Toilet for Islanders Rs. 15,00,000 Beneficiary (family) selected 12 Aerobic compost unit- 2 Rs. 10,42,000 Sakthikulangara 13 Aerobic Compost Unit - 1 Rs. 5,18,000 Completed Kilikoloor 14 Aerobic compost unit- 2 Rs. 10,42,000 1 completed Thrikkadavoor 15 Aerobic compost unit- 5 Rs. 26,00,000 4 completed Central Zone 1 16 RRF at Kureeppuzna 1 Rs. 55,31,000 Completed 17 RRF at Mundalumoodu ` Rs. 55,31,000 Implementation stage 18 Aerobic Compost unit 10 Rs. 85,00,000 8 No.s completed 19 MCF 7 Rs. 11,00,000 completed Sl .no KEY ACTIONS DEADLINE 1 Door to door Increasing and retaining door to door collection June 2021 collection Promote and ensure Segregation at source June 2021 Increase door to door collection from shops and June 2021 establishments Ensure segregation at shops/ establishment June 2021 2 Chicken waste Implementing proper collection and June 2021 management management of Chicken waste via rendering plant 3 Monitoring Formation of Cluster monitoring committee for March 2021 increasing compliance as per National Green Tribunal 4 IEC Preparation of working draft and getting March 2021 approval of the committee Preparation of Handouts, audio/visual media March 2021 Conducting awareness Campaign: general March 2021 public, stakeholders, Religious groups, Institutional level.
5 Treatment of Planning 2 more RRF at 2 points in city March 2021
non- Operation of already constructed RRF February
biodegradable 2021
waste Planning MCF at 144 Points in city February
2021
Implementation of MCF at 144 points March 2021
Operation of already installed MCF February
2021
Bailing and Shredding machines (for RRF) March 2021
Weigh bridge (10 ton) (for RRF) March 2021
6 Treatment of Bio Composter (25,000 Nos- Household level ) March 2021
biodegradable
waste
Biogas plant (10,000 Nos- Household level ) March 2021
Compost Pit (10,000 Nos at Household level) March 2021
7 Vehicle for waste collection -Tipper lorry June 2021
8 Waste to Energy (Bio-Methanisation, RDF) Plant (200 Tpd) for Implementa
Municipal Solid waste Management tion stage
9. The 4th respondent, namely Kollam Municipal Corporation has filed a status report through e-mail dated 13.02.2021 and received on 15.02.2021 which reads as follows:-
"BEFORE THE NATIONAL GREEN TRIBUNAL SOUTH ZONE OA No: 439/2013 and OA No 456/2013 STATUS REPORT OF BIO MINING OF LEGACY WASTE AT KUREEPUZHA Kollam Corporation has plotted tender on 23-10-2019 for Bio- mining of Legacy waste dumped on 2.5 Acers; M/s Zonta infratech Pvt. Ltd. has been selected as the lowest bidder. After the selection process is over the lowest bidder had visited the site and put forth a suggestion that they want to re-verify the quantity of Legacy waste. Hence a survey team was called for by the lowest bidder and found out that the there is a hike in the quantity, i.e.; there exists an additional quantity of 71,974m3 (including the legacy waste dumped on the land leased for KSIDC). The amount we had estimated for the project was Rs.3,82,85,000 which will increase to an amount of 10,66,60,300/-, if the total quantity of waste is cleared this is a threefold hike in both quantum and price. This has put a huge debt on the part of Kollam Corporation which is being fighting the COVID-19 pandemic with its own fund.
In the 35th State Level Advisory Meeting (SLAC) decided to share the draft agreement done by the Kerala State Industrial Development Corporation (KSIDC) for Kozhikode Municipal Corporation on 27.04.2020 and it was shared and verified by the officials found that M/s. Zonta has requested to sanction 25% of the contract value as mobilization advance and that the amount of performance guarantee (5%) to be remitted may be deducted from each of Running Amount bill at 2.5% of contract value which are not in tune with the Kerala Public Works Department (PWD) manual and prevailing Government orders. As the council being the decision-making authority of Kollam Municipal Corporation, decided to get approval from the government to sanction 25% of the contract value as mobilization advance and that the amount of performance guarantee (5%) to be remitted may be deducted from each of Running Amount bill at 2.5% of contract value as it is a mandate to get concurrence from the State Government if any such changes as requested is to be made in the agreement. As per the decision of the council a letter for approval from the council was sent to the Government. The agreement will be entered and bio mining work will begin once the approval from the government is received.
On 10/09/2020 Government of Kerala via letter stated that Kollam Corporation must not vary from the tender conditions and must follow the PWD manual (i.e., Security Deposit - 5%) while entering into contract with M/s Zonta infratech.
As per the clarifications received from Government of Kerala, on 11/09/2020 a letter was forwarded to M/s Zonta infratech to sign the contract agreement based on the tender conditions and to follow the PWD manual for security deposit. M/s Zonta infratech reverted their unwillingness to sign the contract adhering to aforementioned tender conditions. On 25/09/2020 the above matter was put forth before the Council. The Council had decided to implement the tender procedures for bio-mining in Kollam Corporation through KSIDC (Kerala State Industrial Development Corporation, as the land having legacy waste includes the land assigned to start waste to energy plant and this land has been leased to KSIDC to start waste to energy plant. And also KSIDC has tendered similar bio-mining of legacy waste in Kochi, Kozhikode and Kannur Corporation.
State Level Advisory Committee (SLAC) convened on 5/11/2020 had suggested to conduct a meeting chaired by Principal Secretary (Urban affairs) to decide the course of action to be taken to start bio- mining before 19/1/2021 (date as per NGT order dated 2/11/2020). A preliminary meeting between KSIDC, Kollam Corporation and Zonta infratech was convened by Director of Urban Affairs on 18/11/2020, to discuss this matter. Also, on the same day and the next day, Principal Secretary himself had called a meeting to discuss the same matter to resolve the issue. Further on 24/11/2020 a meeting, chaired by Principal Secretary (urban affairs) was called to discuss the removal of legacy waste at Kureepuzha Kollam. Decisions arrived at were to render services of NIT Calicut for directing and supervising field survey for estimation of the legacy waste and monitoring its removal and related capping. And regarding payment to Zonta infratech, it will be made on a running bill basis monthly. Meanwhile, Kollam Corporation received a willingness letter from NIT Calicut through director urban affairs. Kollam Corporation has sent the summary about the project, details regarding the legacy waste to NIT Calicut. As per the instruction received from the Government, on 25/11/2020 bio mining file was handed over to director (urban affairs).
On 10/12/2020, a meeting was chaired by Chief Secretary to discuss various cases relating to National Green Tribunal, in that meeting it was conveyed that a final order will be issued regarding the implementation of bio mining of legacy waste. On 22/12/2020, the bio mining file and a letter from Principal Secretary to Government was received; the letter stated that Kollam Corporation must take necessary steps for re-tender immediately. Also, it was suggested that the new tender document must adhere to CVC guidelines and PWD manuals. A letter was sent to the Suchitwa Mission to prepare a new tender document, since the previous tender document was prepared by Suchitwa Mission. Suchitwa mission has scrutinized the document and returned the document back by 05/01/2021. On 06/01/2021 after incorporating the corrections made by the Suchitwa mission, Kollam Municipal Corporation has plotted tender for Bio-mining of the Legacy waste at Kureepuzha, Kollam. The tender opening date is on 20/01/2021. During pre-bid meeting, taking into consideration the requests received form the participating bidders, tender submission date was extended up to 25/01/2021. On 27/01/2021, technical bid was opened; three bidders were participated. i.e., Zigma global environ solutions pvt ltd., SIDCO, Socio Economic Unit Foundation. Based on the evaluation and report of the technical committee it was found that only one bidder was technically qualified. As per the PWD manual, if only one bid is found eligible after technical evaluation it is considered as a single bid; so it has to be retendered. On 11/02/2021 retendered. A single bid during retender shall be acceptable. After the selection of the successful bidder the work will commence soon. Before signing the Bio-mining agreement, Council has given approval to assess the actual quantity of Legacy Waste dumped in Kureepuzha with the technical support of NIT Calicut.
STATUS OF SOLID WASTE MANAGEMENT IN KOLLAM CORPORATION The Kollam Municipal Corporation (KMC) has taken imperative steps to facilitate door to door collection of non-biodegradable waste, segregation of bio-degradable and non-biodegradable waste at source, conversion of biodegradable waste into compost at source itself and proper recycle or utilisation of the non-biodegradable waste for commercial purposes.
NON-DEGRADABLE WASTE MANAGEMENT:
Facilities provided by Kollam Corporation for the effective management of non-degradable waste are as follows:
Non-biodegradable waste collected from household and individual establishments by Haritha Karma Sena (HKS), an initiative of Govt. of Kerala and LSGD. Currently 182 HKS members work across 55 wards of KMC. Number of members working per health circle ranges from 16- 24. Most of the HKS members follow a monthly schedule for visit to households, although the daily working 9 Am - 5 Pm. Households are visited once in a month and Commercial establishments are visited twice in a month. Till December user fee collected by the HKS is Rs.35,00,000/- . User fee collected is deposited in bank account (Micro enterprise group account) monthly, from which income is taken by HKS.
Till December, HKS status shows that they been able to visit 83% of households and 70% of commercial establishment in KMC. So HKS introduced to a more systematic work culture i.e.: Each ward was divided into clusters with each cluster having 100-120 houses. A cluster book is maintained by HKS in which the collection can be recorded. The households also given a consumer card for their record The, new collection system has been able to ensure 100% collection of non- degradable waste within six months.
A society of HKS will register within 3 months. A single point of contact for HKS is to be made by starting an Office for HKS. It can also serve as a point of sale for eco-friendly products. Also, a helpline number and an online portal must be made functional. The income generated now is only from user fee collected. But it will not sustain for a long run as the quantity of NBW is reducing by the introduction of new Government policies. Hence other income generating activities which include biodegradable waste management, compost/fertilizer repack and selling, cloth/paper bag production, Nursery/ farming etc. must be carried out. Haritha Karma Sena is trained to repair idle biogas plants in households, there will be a separate fee for it.
The collected non-biodegradable waste (NBW) is stored at the collection point i.e.: material collection facilities setup at each zonal. Around 250 mini MCF is being installed in Kollam Corporation. From MCF, non degradable waste is transported to material recovery facilities(MRF) at Anchalumood, which is having a shredding machine and bailing machine. At the Shredding Unit run by Corporation, 4 staff was employed to segregate, bale and shred non-biodegradable waste. The final shredded plastics are sold to Clean Kerala Company, so far 5Tonne shredded plastic has been used in road tarring works by KMC itself. Moreover, in bailing unit plastic bottles, PP cover, Milma cover etc..Get bailed separately and sold to Clean Kerala Company for recycling. Meanwhile, we had conducted many drives for collecting hazardous wastes which is then sent to Clean Kerala Company (details were given below). Furthermore, 1 RRF (Resource Recovery Facility) is established and the second one is under implementation stage, each one has a floor area of 5000sqft to facilitate the separation and preparation of recyclable materials for marketing to end-user manufacturers.
HarithaKarma Sena is also collecting, segregating other non- degradable wastesrather than plastic wastes like iron, PET bottles, aluminium, PVC items, brass items, cardboards etc..from households and selling to scrap dealers thereby it generate extra revenue.Out of the generated 33.7 Tpd of Non-Degradable Waste, 25.563 Tpd is processed.
Details of non-degradable waste sold to clean Kerala Company is given below Quantity of Non- Degradable Waste sold to Clean Kerala Company Glass Waste TubeLight 5T Bailed Plastic 14T Shredded Plastic 15T(given to different panjayaths and municipalities for road tarring works) Rejects and Leather 27T Waste Dumbed Legacy Waste 263T TOTAL 331 Tonne handed over to clean Kerala company for recycling BIO-DEGRADABLE WASTE MANAGEMENT Kollam Corporation has provided bio-degradable waste management facilities in source level like bio digesters, biogas plant, bio compost bins, pipe compost, ring compost) for treatment of biodegradable waste will be ensured at each household and commercial establishment. KMC has brought out provisions for availing subsidised bio compost bins for achieving 100% conversion of biodegradable waste at source itself. In community level Kollam Corporation has provided de- centralised treatment systems Viz, aerobic composting units, community based bio gas plants. An integrated solid waste management with a waste to energy plant of 200Tpd capacity was proposed by Government of Kerala at Kureepuzha.
The details of the Solid Management Facilities provided by Kollam Corporation( Subsidised) as well as procured by Individuals are furnished in the table below BIODEGRADABLE WASTE MANAGEMENT Treatment Facilities No's Quantity (TPD) Household Level Biogas Plants(HH) 2100 4.2 Pipe Compost(HH) 1750 2.6 Bio composter(HH) 6954 27.5 Vermi composting(HH) 189 0.2 Ring compost(HH) 750 1.2 Compost pit(HH) 7025 10.50 Bucket compost(HH) 3200 4.8 Community Level(Decentralized Facility) Aerobic Composting Unit 27 1.30 Biogas Plants(Community Level) 13 5.60 Informal Waste Collectors ( Hotels and Chicken Stall) 25.0 Total Quantity of Bio- degradable waste treated 65.9TPD The total quantity of waste generated in Kollam Corporation is 112.45TPD. Of this 34 TPD is processed at source with the facilities provided by Kollam Corporation (Subsidized) as well as procured by Individuals (data from field survey conducted by HKS and agency deputed by KMC for Property mapping); about 6.9 TPD is processed at community level(decentralized facility) ; this facility is utilized by households (especially in slum areas)who are not having enough space for installation of source level treatment facilities.25 TPDof chicken waste and hotel waste were collected by informal waste collectors. Hence, total 65.9TPD of biodegradable waste is treated out of 78.71TPD of biodegradable waste.A total of 54674 households out of 88332 households were benefitted with the completion of current financial year projects ie., Kollam Corporation has allocated fund of Rs.4,95,00,000/- for 27500 No. of bio composter (6954 supplied) in household level , biogas plants(2220 no:s)- Rs.2,31,00,000/-; Ring compost (3018 no's- BPL families) Rs.75,45,000/- and 5500 compost pit(AUEGS fund). These projects are being in implementation stage;
with the completion of above said projects within 31st March, 2021. The gap generated will be filled by implementing new waste management projects in the coming financial year (2020-2021).
Also an amount of Rs.8,84,46,250/- has been allotted to Kollam Corporation for waste management projects from Swatch Bharat Mission (Urban) . In this Aerobic composting units (10No's), Material Collection Facilities (250 no's), Resource recovery Facility of 5000 Sqft (2 No's),90% of work allocated under this project is completed.
With the advent of integrated solid waste management - Waste to Energy plant, Kollam Corporation is aiming to achieve the 100% management of Municipal Solid Waste. For this, Government of Kerala has selected Kureepuzha in Kollam Corporation to setup a Waste to Energy plant of 200Tpd with a Bio-Methanisation plant, Refuse Derived Fuel and a Landfill. For that 7.05 acres of land in Kureepuzha were leased to KSIDC (nodal agency) and Kollam Corporation has signed the concession agreement for the same.
Historically, the Kureepuzha dump site was once a night soil depot since the early 1940's, the land was having less value over the period. Nearly 3 acres of land used for night soil depot was then converted on 2nd of October 1982 by the then Kollam municipality for dumping of municipal solid waste. Due to space constraints, Kollam Municipal Corporation has acquired an addition of 14.00 acres of land for safe management of municipal solid waste. Municipal solid waste segregation and Windrow Composting plant (with trommel of different sieve sizes, collection and bagging unit, rejection collection units etc..) was being constructed along with office building , canteen building, weigh bridge system, compound and fencing. The project was established with the consent of Pollution Control Board and was given consent to operate the said plant and scientifically made landfill. The proposed plant and other projects were tendered for an amount of Rs.10 Cores; the project was stalled due to public protest and court order and had to be closed early after spending an amount of Rs.6.80 Cores. The proposed project was intended to scientifically manage the Municipal solid waste that is being generated within the area of Kollam Municipal Corporation; but due to the protest from the public the project was stalled and the plant and machineries are kept idle from the early 2012. Further dumping of waste too is stalled from 2012.
Kollam Corporation has put up health squads, .for checking the unauthorised disposal of waste. Major disposal areas were identified; surveillance cameras installed. Based on the information fines were imposed. An amount of Rs.1,24,775/- Jan- Dec 2018, Rs.1,25,020/- Jan - Dec 2019,Rs.63,300/- from Jan- Dec 2020 were collected in the form of fines.
Kollam Corporation is planning to provide additional source level treatment facilities for those houses that are not included in current year projects: Due to the Pandemic situation prevailed the implementation of below mentioned projects was delayed for the Financial Year 20-2021; the newly members are elected in December 2020, they are trying to implement the projects in the current financial year itself. If not the remaining as well as the new projects will be implemented in the coming financial year Table: List of projects that is included in the financial year 2020-2021 SL NAME OF PROJECTS NO: AMOUNT Remarks NO:
1 Biocomposter Bin 27500 Rs 4,95,00,000 6954 supplied and remaining 20546 will be distributed before 31st March,2021 2 Ringcompost 3018 Rs 75,45,000 Implementation stage 3 Biogasplants 2200 Rs.2,31,00,000 Implementation stage 4 Plastic washing machine 1 Rs.3,50,000 Tendering stage 5 Napkin destroying machine 5 Rs.2,75,000 Tendering stage 6 Mini MCF 250 Rs.1,54,00,000 Completed 7 Bio mining and scientific closure of 1 Rs,10,00,00,000 Tendered legacy waste at old dump site, Kureepuzha, Kollam 8 Organic Waste Shredding Machine 1 Rs.4,90,000 Tendering stage 9 Safety Equipments and other Rs.14,23,000 Completed equipments for HKS and Sanitation staffs 10 3 Wheeler vehicles for Door to Door 1 Rs.24,75,000 Implementation Stage Collection (Haritha Karma Sena) 11 Bio Toilet for Islanders(family) Rs. 15,00,000 Benificary Selected 12 Aerobic Compost unit - 2 Rs.10,42,000 Sakthikulangara 13 Aerobic Compost unit - Kilikoloor 1 Rs.5,18,000 Completed 14 Aerobic Compost unit - Thrikkadavoor 2 Rs.10,42,000 1 Completed 15 Aerobic Compost unit - Central Zone 1 5 Rs.26,00,000 4 Completed 16 RRF at Kureepuzha 1 Rs.55,31,000 Completed 17 RRF at Mundalumoodu 1 Rs.55,31,000 Implementation stage 18 Aerobic Compost unit 10 Rs.85,00,000 8 Nos Completed 19 MCF 7 Rs.11,00,000 Completed Action Plan for the Next Financial Year (2021-22) As per the directions received from Hon. National Green Tribunal, Kollam Corporation is planning to become a zero waste city with the implementation of the said projects and the planned projects.
Sl. KEY ACTIONS Deadline
No.
1. Door to door Increasing and retaining door to door June 2021
collection collection
Promote and ensure Segregation at June 2021
source
Increase door to door collection from June 2021
shops and establishments
Ensure segregation at shops/ June 2021
establishment
2. Chicken waste Implementing proper collection and June 2021
management management of Chicken waste via
rendering plant
3. Monitoring Formation of Cluster monitoring March 2021
committee for increasing compliance
as per National Green Tribunal
4. IEC Preparation of working draft and March 2021
getting approval of the committee
Preparation of Handouts, audio/visual March 2021
media
Conducting awareness Campaign: March 2021
general public, stakeholders, Religious
groups, Institutional level.
5. Treatment of Planning 2 more RRF at 2 points in March 2021
non- city
biodegradable Operation of already constructed RRF February 2021
waste Planning MCF at 144 Points in city February 2021
Implementation of MCF at 144 points March 2021
Operation of already installed MCF February 2021
Bailing and Shredding machines (for March 2021
RRF)
Weigh bridge (10 ton) (for RRF) March 2021
6. Treatment of Bio Composter (25,000 Nos- March 2021
biodegradable Household level )
waste Biogas plant (10,000 Nos- Household March 2021
level )
Compost Pit (10,000 Nos at Household March 2021
level)
7. Vehicle for waste collection -Tipper lorry June 2021
8. Waste to Energy (Bio-Methanisation, RDF) Plant (200 Implementation
Tpd) for Municipal Solid waste Management Stage
10. It is seen from the reports that as far as the legacy waste is concerned, there was so much improvement and no amount of legacy waste has been processed so far. As regards as the implementation of the Solid Waste Management Rules, 2016 is concerned, it is quite unfortunate that they are insisting for in situ management of Bio degradable waste at the source itself without taking any effort to collect the same and dispose the same in a scientific manner as required under the rules. In most of the places where the in situ process that has been insisted by the local bodies are not working properly and it is likely to create another pollution problem of non disposal of the by-products that is being obtained by using the bio-gas system that has been provided if there is no place for disposal of the same in the households in a scientific manner without affecting the environment otherwise it will be a place for breeding mosquitoes and result in serious health hazards in those areas. So it is high time for the local bodies to consider the question of collection, segregation and disposal of all type of wastes the manner in which it has been provided under the Solid Waste Management Rules, 2016 instead of delegating that work to the people, who are generating the wastes itself as there is no proper mechanism to supervise the same as to whether they are properly done or not.
11. Further, it is against the rules as well The Kollam Municipal Corporation has to take steps to see that all type of wastes that both bio-degradable and non bio-degradable are being collected segregated and disposed as required under Solid Waste Management Rules, 2016 in its letter and its spirit, so as to protect the environment as that was expected while enacting such rules by the Ministry of Environment, Forests and Climate Change (MoEF & CC) invoking the power under Section '3 ' of the Environment (Protection) Act, 1986.
12. However, they have come with some action plan that on the basis of the present action plan, they may be able to dispose of the legacy waste by June 2021 and other works regarding implementation of disposal of waste that is being generated in that Corporation and make the Corporation a waste free Corporation. Let us hope that at least this time they will do the same with taking all earnest effort.
13. The earlier directions to produce performance guarantee for complying with the undertaking given by them has been stayed by the Hon'ble High Court and they have been directed to furnish 50% of the amount suggested by this Tribunal and the learned counsel appearing for the 4th respondent submitted that the same has been complied with.
14. Considering the circumstances, we feel that some more time can be given to the Kollam Municipal Corporation to implement the present action plan that has been undertaken by them for implementation of the Solid Waste Management Rules, 2016 in its letter and its spirit subject to the orders already passed by the Principal Bench in O.A. No. 606 of 2018 fixing the compensation slab for implementation of the Solid Waste Management Rules, 2016 in the local bodies.
15. It is seen from the report of the Kerala State Pollution Control Board (KSPCB) that they have already issued a show cause notice imposing an environmental compensation in tune with the directions issued by the Principal Bench of national Green Tribunal in O.A. No. 606 of 2018.
16. The Kerala State Pollution Control Board is also directed to file a further progress report and also further action taken report regarding the implementation of the Solid Waste management Rules, 2016 in Kollam Municipal Corporation.
17. The learned counsel appearing for the applicant in O.A. No.439 of 2013 submitted that in spite of the stringent directions issued by this Tribunal, there was no improvement of disposal of legacy waste which is being dumped in present dump yard situated very near to the residential areas.
18. However, considering the fact that certain undertakings have been given and also certain action plans have been provided by the Kollam Municipal Corporation in view of the change of administration after the local bodies' election, we feel that some opportunity can be given to them to implement the same. But that will be subject to the orders already passed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 only.
19. If the Kollam Corporation wants any modification of that order that they will have to move the Principal Bench of National Green Tribunal and get appropriate orders in that regard.
20. The Kollam Corporation, the District Collector, Kollam District, State Level Monitoring Committee and the Kerala State Pollution Control Board (KSPCB) are directed to file their progress report regarding the implementationof the action plan now undertaken by the Kollam Corporation by 31.03.2021 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.
21. The Registry is directed to communicate this order to the Kerala State Pollution Control Board, District Collector Kollam District, and the Chairman, state level Monitoring Committee as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction. The Chief Secretary and the Principal Secretary of Environment and local administration of State of Kerala are also informed of the order. So they can follow up the same in an effective manner and submit their further progress report in this regard.
22. For consideration of further action taken report and also status report, post on 31.03.2021.
................................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Shri. Saibal Dasgupta) O.A. No.439/2013, O.A. No.456/2013, 15th February, 2021. Sr.