National Green Tribunal
I.Margo S/O Issac Nadar Correspondent vs The Commissioner on 4 February, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.10:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 203 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
I. Margo
S/o. Issac Nadar,
Correspondent,
Reach Matric High Secondary School,
Ottupattarai,
Coonoor - 643 105.
Nilgiris District.
...Applicant(s)
Versus
1) The Commissioner,
Coonoor Municipality,
The Nilgiris District .
2) The District Collector,
The Nilgiris District,
Udhagamandalam.
3) The District Environmental Executive Engineer,
Tamil Nadu Pollution Control Board,
Udhagamandalam,
The Nilgiris District.
4) The Chairman,
Tamil Nadu Pollution Control Board,
76, Mount Salai,
Guindy, Chennai - 600 032.
...Respondent(s)
Date of Order/Judgment: 04th February, 2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
Page 1 of 32
For Applicant(s): None.
For Respondent(s): Mr. P. Srinivas along with
Mr. N.K. Ponraj for R1.
Dr. V.R. Thirunarayanan for R2.
Mr. C. Kasirajan and
Ms. Kothai Muthu Meenal for R3 & R4.
JUDGMENT
1. The above application has been filed by the applicant seeking the following relief:
(i) Direct the respondents to refrain from dumping garbage and human waste in the residential area and adjacent to the petitioner‟s school.
(ii) Direct the respondents to remove the garbage and human waste totally from the present area and shift the same outside the village and residential area.
(iii) Direct the respondents totally to shift the dumping area to the vacant poramboke lands outside the residential area.
2. It is alleged in the application that the first respondent Municipality is dumping municipal solid waste in the disputed site which is the residential area. There are schools in that area. They are not properly disposing the waste dumped which resulted in air as well as soil pollution. Though complaints have been made, no action has been taken. There are sufficient poramboke lands available in Coonoor Municipality to cater to this purpose.
That prompted the applicant to file this application, seeking the above reliefs.
3. The first respondent Municipality filed counter contending as follows:
"(i)Coonoor Municipality is more than 150 years old and it is spread over 15.05 sq.km with 30 wards and a population of 45494 (as per 2011 census) and 12878 households. The total waste collection is 10 MT per day which is dumped at the municipal dump yard at Vasampallam Road, Ottupattarai which is more than 60 years old with a total extent f Page 2 of 32 2.05 acres. Out of the 12.05 acres 2.00 acres was allotted to the processing facility operated by M/s. IL & FS Environmental infrastructure and Services Limited which pays Rs.1000.00 as monthly rent and Rs.400.00 per MT for the compost manufactured. Authorization was given by Tamil Nadu Pollution Control Board and periodic renewal was done by the facility. Latest renewal of Authorization was issued by TNPCB ON 14.6.2017 for a period of one year from the date of issue.
(ii) Coonoor Municipality has allotted 0.5 acre of land to M/s.
Society for Bio Medical Waste Management. Indian Medical Association, Nilgiris to handle process and dispose Bio Medical Waste.
(iii) Coonoor Municipality handles municipal solid waste as per Solid Waste Management Rules 2016. Segregated bio degradable waste is collected by Coonor Municipality from households by 5 tipper autos and from market and commercial establishments by 2 tipper lorries and 2 dumper placer lorries and is being processed by the facility (IL & FS) by window method to manufacture about 1.25 MT compost per day. Segregated recyclable plastic and paper waste is being collected separately and given to recyclers.
(iv) Additional development works for Rs.2.125 Crores are under progress for improving the public road which crosses the whole stretch of the dump yard, erecting compound wall around the compost yard, fencing the road, additional water supply and storage facility, watchman shed, rest room for the workers, electricity and lighting.
(v) Also, proposal to establish Micro Composting Centre at the centre of municipality at a place near the market and commercial establishments to decentralize municipal solid waste processing is under preparation and the DPR will be sent to government shortly for the administrative and technical sanctions.
3. With regard to the various averments of the applicant in para 1 to 4 it is submitted that the said averments are entirely misconceived and false. The Coonoor Municipality never dumps human waste at the municipal dump yard. The municipal solid waste is managed as per Solid Waste Management Rules, 2016. It has been in operation for the past 60 years on the land that is vested with the Municipality, spread over an extent of 12.05 acres.
4. It is submitted that the allegations of the application are totally false and fanciful. There was no disease outbreak in the area surrounding the compost yard.
5. It is further submitted that the municipal staff never set fire on the dumped waste. The occasional fire at the dump yard is caused by the miscreants and passersby as the municipal road which crosses the whole stretch of the dump yard is open to public and the people residing at adjoining panchayat areas. Efforts of the Municipality to fence the place and prevent the entry of the surrounding residents has been unsuccessful as the resident have been claiming that their right of way is being affected.
6. It is submitted that the Coonoor Municipality dumps the collected solid waste only at the municipal land and not in the residential areas.
7. There is no reason for illegal dumping of municipal solid waste as the municipality has adequate space for dumping processing and Page 3 of 32 disposing as per Solid Waste Management Rules, 2016 and the outsourced processing facility is authorized by TNPCB.
8. It is further submitted that the infrastructure development activities are under progress and on completion they will further improve the solid waste management at the municipal compost yard.
9. The averments of the applicant as if the residential area is being used for dumping the solid waste is a misleading and false statement. As already submitted above, the compost yard has been in existence for more than 60 years. Subsequent developments around the compost yard site cannot give a cause of action to the said residents to seek for shifting the compost yard. The solid waste management facility is as such in operation only as per the authorization of the TNPCB and there is no lapse on the part of this respondent. Only the work of fencing the site with a compound wall is yet to be done and the said work is part of the MSW project that has been prepared and sent for technical and administrative sanctions from State Government. Even before the said work is carried out, there is no prejudice to the residents in the surrounding areas as the extent of the solid waste is meager, compared to the extent of the site. There is no harm to the public health.
10. The applicant who seems to be running a school that is more than 300 meters from the compost yard is seeking to shift the same that has been in existence for 60 years. The said motive of the applicant lacks bonafides and the application is liable to be rejected. The averments to the contrary in para 5 to 7 are denied.
11. The applicant‟s averments in para 7 that there is sufficient poramboke lands outside the residential area is not a valid reason for seeking the shifting the compost yard. Further the applicant cannot dictate terms to the respondent herein who is acting on the interest of the public and has been operating the MSW facility for past more than 60 years without any objection. The new developments around the MSW facility cannot be heard to say that the compost yard should be shifted as per their whims and fancies. In view of the fact that the handling facility is functioning only as per the authorization of the TNPCB and also since the medical waste handling facility is also functioning only as per the consent of the TNPCB and in view of the fact that there is no illicit or illegal dumping of wastes in the site, the application deserves to be rejected."
4. Respondents 3 and 4, Tamil Nadu Pollution Control Board (TNPCB) filed their statement contending as follows:
"It is respectfully submitted that the 1st respondent Coonoor Municipality‟s municipal solid waste site is located on Vasampallam road with an area of 11.09 Acres at S.F.No.C/1/7 and C/1/7 in Ottupatarai Area. Earlier the Coonoor Municipal Solid Waste site has been issued with authorization to set up and operate waste processing and disposal facility for processing of disposal of MSW of 10 T/day on 11.5.2005 which was renewed with authorization dated 2.5.2010 valid up to 1.5.2011.
Meantime, in the total extent of area of about 11.09 Acres, 2.0 Acres was allotted to the processing facility operated by M/s. Integrated Page 4 of 32 Waste Management & Urban Services company (Tamil Nadu) Lt., the Developer - IWMUST (who had been issued with a deed of lease by Coonoor Municipality for an extent of 2 Acres for Rs.12000 with 20 years period under BOT BASIS FROM 7.2.2007) AND K0.5 Acres for common bio medical waste treatment facility in the name of M/s. Society for BMWM IMA Nilgiris which was operated by members of Indian Medical Association for collection, reception, storage, transport and disposal of BMW 2.228 T/M in the Nilgiris District. From there on the MSW processing facility was operated by M/s Integrated Waste Management & Urban services Company (Tamilnadu) Ltd., and authorization was issued vide Proceedings No.JCEE(M) TNPCB/CBE/F.MSW-0008/NLG-S/2015 dated 10.8.2015 with a validity for one year ending on 9.8.2016 in the name of M/s. Integrated Waste Management & Urban Services Company (Tamilnadu) Ltd.,
4. It is respectfully submitted that the unit has requested for change in the name for the authorization to be issued in the name of M/s. IL & FS Environmental Infrastructure and services limited vide its letter dated 3.11.2015 along with the documents related to the merging Integrated Waste Management & Urban Services Company (Tamilnadu) Ltd., to M/s. IL & FS Environmental Infrastructure and services limited. The unit has requested for renewal authorization through its letter dated 24.10.2016. Based on that MSW authorization was renewed vide Proc. No.JCEE/TNPCB/CBE/MSW-009/2017 Dt.14.6.2017 for a period of one year from the date of issue.
Based on the complaints received against the MSW dump yard certain instructions have been issued to the Commissioner, Coonoor Municipality to adhere with Solid Waste Management Rules, 2016 vide DEE, TNPCB, Ooty letter dt.10.3.2017.
5. It is respectfully submitted that in the mean time the applicant Thiru I. Margo S/o. Issac Nadar, Correspondent, Reach Matric Higher Secondary School, Ottupattarai, Coonoor filed application before the National Green Tribunal (SZ) Chennai regarding the illegal dumping of municipal solid waste and human waste by M/s. IL & FS Environmental Infrastructure & Services Limited - Developer (on behalf of Coonoor Municipality) at T.S. Nos.2 Part, 7 Part (Ward C-Block No.1 - T.S.No.2 part and Ward C-Block No.1 - T.S.No.7 part) of Coonoor Village, Coonoor Taluk, Nilgiris District against M/s. Tamilnadu Pollution Control Board, Chennai.
In this regard, the MSW dump yard was inspected by the officials of the DEE, TNPCB, Ooty on 22.9.2017. During inspection the unit was under operation. Mostly the segregated municipal solid waste was brought to the site for composting. The unit is reusing the collected leachate only for wetting the compost during heap formation. The unit has taken steps to control odour and flies around the site. The unit has taken steps to control odour and flies round the site.
6. It is further submitted that M/s. Society for BMWM IMA Nilgiris was found in operation. The facilitator covering all the private hospitals/clinics in the Nilgiris District for the collection of BMW. The BMW processed by the facility which is less than the consented capacity Page 5 of 32 (2.228 T/M) of about 800 - 900 Kg/Month. Further, the unit has been addressed to comply with Bio-Medical Waste Management Rules, 2016."
5. As per order dated 13.02.2020, after considering the pleadings, this Tribunal had passed the following order:
"5. When the matter came up or hearing today, learned counsel appearing for first respondent Municipality submitted that they are taking all steps to dispose of the legacy waste and municipal waste collected by the municipality in a scientific manner. They have also set up micro composting unit for disposing the legacy waste. They have obtained necessary "authorization" and "permission" from the authorities. The State Level Monitoring Committee had inspected the area three weeks ago.
6. In order to dispose of the municipal solid waste, local bodies are expected to implement the Solid Waste Management Rule, 2016 in its letter and spirit. They are not expected to keep the solid waste in their area, without disposing of the same, as provided under the Solid Waste Management Rules, 2016. They are not expected to cause any pollution on account of the same as well. There is a constitutional duty cast on them to protect environment under Article 48-A of the Constitution of India, apart from the State Government.
7. So, under these circumstances, in order to ascertain the present status, we constitute a joint committee, comprising of (1) District Collector, Nilgiris and (2) State Pollution control Board to inspect the area in question and submit the present status and also as to whether there is any legacy waste kept untreated, causing any environment issue, as alleged by the petitioner and if there are violations, what is the action taken by them and submit a status as well as action taken report to this Tribunal within a period of one month through e-mail @ [email protected]. Pollution Control Board will be nodal agency for coordination as well as for providing logistic support. The Registry is directed to communicate this order to the concerned officials through e-mail so as to enable them to comply with the same.
8. The State Level Monitoring Committee is also directed to submit the inspection report, status of the dumping yard used by first respondent Municipality to dispose of the waste collected on the basis of the inspection made by the committee and its present status with its recommendations if any required, for its improvement.
9. The Registry is directed to communicate this order to the State Level Monitoring Committee as well for compliance."
6. The case was posted to 27.03.2020 for consideration of report. Thereafter, the matter was taken up on 16.07.2020 and considered the report submitted by the State Level Monitoring Committee which was extracted in Para 3 of the order which reads as follows:-
Page 6 of 32"3. We have received the report of the State Level Monitoring Committee which reads s follows:
"INSPECTION REPORT OF THE STATE LEVEL MONITORING COMMITTEE.
In continuation of his earlier visit to Udhagamandalam in the year 2019, the Chairperson of the Monitoring Committee for Solid Waste Management for the State of Tamilnadu ,has made a specific visit to Coonoor Municipality on the 8th March 2020 during which the Commissioner of the Municipality with all his officials and the District Environment Engineer of the Tamilnadu State Pollution Control Board were present. The Commissioner has also submitted a status report on Solid Waste Management in Coonoor Municipality. After extensive visit of the entire area of the dumpsite and the petitioner‟s school, and ascertain the factual position and referring to relevant records the following Report is submitted.
1. Coonoor is a selection grade municipality, situated in Udhagamandalam District spread over an area of 15.05 sq.km with a population of 45494 as per the census of 2011. The Municipality has a long history of more than 150 years situated at a height of around 1850 m above Mean Sea Level (MSL), predominantly surrounded by Tea Estates. The Municipality is generating about 14 MT of Municipal Solid Waste every day which are disposed into the dump yard at Ottupattarai having an extent of 12.35 acres. It is stated that the usage of the said area as dump yard has been in existence for the past more than 60 years. It is further stated that after the Municipal Solid Waste (MSW) Handling Rules 2000 came into existence, this Municipality is one of the ULBs to go for scientific management of solid waste in 2006. An agreement was entered into on 7th February 2007 with IL&FS Environmental Infrastructure & Services Ltd, to establish infrastructure development and to manufacture manure at an earmarked area of 2.00 acres of land. The facility which was under Public Private Partnership (PPP), by which the said company was handling 9 TPD of MSW by windrow method and was manufacturing about 2 MT manure per day for which the Municipality was paid Rs.400 per MT. They have created limited infrastructure facilities like windrow platform, shed etc in Ottupattarai dump yard. But the mixed waste remains and the pre existing legacy waste increased in volume causing frequent fire. It is stated that the said IL&FS stopped their composting activities in July 2018 and abandoned the facility. The quantity of legacy waste was estimated at 11778 m3.
2. After the Solid Waste Management Rules 2016 came into existence, the Municipality proposed to process the biodegradable organic waste through Micro Composting Centers (MCC) under decentralized approach. Under Swatch Bharat Mission, an amount of Rs.250 lakhs was sanctioned for providing approach road, compound wall, retaining wall, fencing, lighting and construction of a Resource Recovery Centre (RRC) for handling dry waste at the Municipal dump yard located at Ottupattarai.
3. In furtherance to the development activities at the dump yard, as part of Decentralized Waste Management programme, and in order to stop dumping of bio-degradable wet waste at the dump yard, the Coonoor Municipality has established a 4 TPD Micro Composting Centre (MCC) at Page 7 of 32 a central location in Coonoor Town i.e., ward No.8,near Uzhavar Sandai and it is now functional to its full capacity and I have inspected the MCC and given certain directions to further minimize flies. Infact, I was able to find with appreciation the efforts of the Municipality and its dedicated officers in preventing emission of any ouder as it is situated in the midst residential houses.
4. Out of the total generation of 14 MT/Day of municipal solid waste in the Coonoor Municipality, 4 MT/Day are handled in the Micro Composting Centre as stated above, 2 MT/Day in Onsite Composting Centres (4 parks and 10 public places) and 1 MT/Day of chicken stall/fish market waste is processed through an organic waste converter located in Ottupattarai. It is stated that at house hold level composting are done in 630 houses processing 0.3 MT/Day apart from 18 Bulk Waste Generators processing 1 MT/Day.
5. About 1.10 MT/Day of recyclable waste are sold out to recycling vendors and 2.6 MT/Day of non-recyclable and non saleable dry waste are stored in Vasampallam and Ottupattarai for onward transmission to cement industries. It is stated that the Municipality has obtained Authorization from the Tamilnadu Pollution Control Board for carrying out the activities like Micro Composting Centre, Onsite Composting Centres, Resource Recovery Facility etc, which fact has been confirmed by Mr. Livingston, District Environmental Engineer of the PCB who was also present at the time of the inspection.
6. Coonoor Municipality involves „Clean Coonoor‟, an NGO working in the field of environment consisting of educated people including doctors, handling non recyclable dry waste in the Resource Recovery Centre (RRC) located at the Ottupattarai dump site. In the said RRC, the non-recyclable dry waste is sorted out further, baled and sold out to recycling industries. A high temperature burning incinerator with a capacity of 600 kg/day is also established within the RRC at Ottupattarai to dispose the sanitary napkins, diapers, non- recyclable clothes. Organic waste converter used to shred and compost the fish market waste and chicken stall waste has also been installed in the shed at Ottupattarai.
7. Out of the 12.35 acres of municipal land in Vasampallam and Ottupattarai dump yard in S.Nos.C/1/2 and C/1/7 of Coonoor town, about 0.5 acre of land was handed over to Society for Biomedical Waste Management, Coonoor for the management and handling of Biomedical wastes generated in the Udhagamandalam District. However there is no activity for the past one and half year due to prohibition imposed by the Central Pollution Control Board for deep burial of bio-medical waste. The Society for Biomedical Waste Management collects biomedical waste generated from the hospitals, health care facilities and handover the same to the Common Biomedical Waste Treatment, Storage and Disposal Facility, at Coimbatore with the permission of the Tamilnadu Pollution Control Board.
8. It is ascertained that no waste is dumped for the past six months due to the functioning of the Micro Composting Centre (MCC), Onsite Composting Centers (OCC) and Resource Recovery Centre (RRC). It is also ascertained that the Municipality has entered into an MOU with RDO Trust, an NGO functioning at Bikkatty in the neighboring panchayat limit Page 8 of 32 to handle the biodegradable wet waste to take up all manure and the semi compost wet waste from Coonoor Municipality to be used as co-compost in their FSTP.
9. It was also ascertained that due to heavy rainfall during North East monsoon during November 2019, a portion of legacy waste of about 700MT has slided and fell down into the adjacent tea garden and the same has been removed and stored within the dump yard. The total legacy waste is estimated to 11778 cubic meters and a proposal has been sent to the Commissioner of Municipal Administration seeking financial assistance for carrying out biomining to dispose of the legacy waste in accordance with the Solid Waste Management Rules 2016 and to convert the restored area into a waste management park by setting up sculptures using recyclable materials. A request has also been made by the Committee to the Commissioner of Municipal Administration to expedite the process of according necessary sanctions.
10. The petitioner‟s school is located at about 300 meters from the boundary of the dumpsite owned by the Coonoor Municipality. The location in which the dumping was allegedly carried out is now filled with soil and established Resource Recovery Centre belonging to the Municipality. The School of the petitioner and the RRC are separated by a tea estate, reportedly owned by the petitioner and his wife, wherein the sliding has occurred in the last year as stated above and the entire waste has been removed as on date. No further dumping was noticed in the dump yard and it was noticed that the Muinicipality was carrying out various measures to improve the entire area. As the sustainable solution will be possible only when the entire legacy waste are disposed in accordance with the Solid Waste Management Rules 2016, the Municipal Commissioner was instructed to expedite the process of biomining after obtaining necessary sanctions which was assured by the Commissioner of the Coonoor Municipality.
11. The above Report is respectfully submitted before the Hon‟ble National Green Tribunal, Southern Zone for passing appropriate orders. The Committee and its Chairperson assure to extend any further assistance in carrying out any further orders of the Tribunal.
Dated at Chennai this 17th day of June 2020."
7. Thereafter, the matter has been adjourned to 01.09.2020 for consideration of report to be filed by the committee appointed by this Tribunal as they wanted time to file the report. On 01.09.2020, this Tribunal had considered the report of the Joint Committee which was extracted in Para 4 of the order and reads as follows:-
"4. We have received the report submitted by the Joint Committee which reads as follows:-
"Report of the Joint Committee constituted by the Hon‟ble National Green Tribunal (SZ) in O.A. No.: 203 of 2017 filed by Thiru I. Margo, on the Status of Dumping of Solid Wastes at the Dumpsite in Page 9 of 32 Ottupattarai, Coonoor, and measures for the Management of Municipal Solid Wastes by Coonoor Municipality
1. Background:
In O.A. No.: 203 of 2017 the Honourable National Green Tribunal (SZ), in order dated 13.02.2020, constituted a Joint Committee comprising of District Collector, The Nilgiris and a Representative of Tamil Nadu Pollution Control Board (TNPCB) to inspect the area in question and submit the present status and also whether there is any legacy waste kept untreated, causing any environmental issue, and if there is any violation, the action taken by them and to submit a Report. TNPCB nominated the District Environmental Engineer, Udhagamandalam as the representative of the Committee. The Committee carried out inspection of the site in question on 19.03.2020. In view of the COVID-19 Pandemic situation prevailed, an interim Report was submitted by the District Environmental Engineer, TamilNadu Pollution Control Board, Udhagamandalam, for the hearing held on 16.07.2020. The Hon‟ble National Green Tribunal, took the interim Report in to Record, and posted the matter to 01.09.2020, for further Report by the Committee. This Report is filed, in compliance of the orders of the Honourable National Green Tribunal (SZ), dated 13.02.2020
2. Prayer of the Applicant:
Thiru I. Margo, the Applicant has made the following prayers in the Original Application filed before the Honourable National Green Tribunal (SZ).
(i) Restrain dumping of garbage and human waste in residential area adjacent to Petitioner‟s School.
(ii) Direct Respondents to remove garbage and human waste totally from present area.
(iii) Direct Respondents totally shift the dumping area outside the residential area.
3. Events Led to the Situation:
3.1: Coonoor Municipality:
Coonoor Municipality, with long history of more than 150 years. This Hilly Town is situated at a height of around 1850 m above Mean Sea Level (MSL), spreading over 15.05 Sq.km. area, and having population of 45494, as per 2011 census. The Town is predominantly surrounded by Tea Estates. The Municipality generates about 14 MT/ day of municipal solid waste.
3.2: Ottupattarai Dumping Yard:
In Coonoor Municipality, the municipal solid waste generated was dumped in the Ottupattarai Dumping yard, for more than 60 years. The Local Body owns about 12.35 acres of land in Ottupattarai area. The Dump-site in the litigation, located in T.S. No.: C/1/2, Coonoor Town Village, is measuring about 1.25 acres of area. Consequent to the various initiatives taken by the Local Body in implementing measures for the management of municipal solid waste, the dumping of waste in this location has been stopped completely, since September 2019, and a Resource Recovery Centre (RRC) is established in that location and the same is functioning since September 2019.
3.3: Solid Waste Management Practices:Page 10 of 32
3.3.1: Windrow Composting by IL&FS:
Consequent to the Notification of the Municipal Solid Waste (MSW) Handling Rules, 2000, Coonoor Municipality has initiated measures for the management of municipal Solid wastes in a scientific manner, in consonance with the provisions of the Rules. In this step, the Local Body made an agreement with M/s. IL & FS Environmental Infrastructure & Services Limited, on 7th February 2007, to establish infrastructure to convert the biodegradable waste in to manure and assigned about 2.00 acres of land in T.S. No.: C/1/7 of Coonoor Town Village. IL & FS Environmental Infrastructure & Services Limited handled about 9 MTPD of wet, biodegradable solid waste by windrow method and producing about 2 MT manure per day. However, the mixed waste remained in that location, along with the pre-existing legacy waste, and became an eye sore and at times causes fire. Meanwhile, the IL & FS Environmental Infrastructure & Services Limited stopped composting activities since July 2018 and subsequently abandoned the facility. However, windrow composting is carried out in this location, for a fortnight period during August, 2020, in view of the non-functioning of Micro Composting Centre, due to the breakdown in the shredder.
3.3.2: Establishment of MCC:
As part of Decentralised, Waste Management programme and in order to stop dumping of Bio-degradable wet waste at the dump yard, Coonoor Municipality established a 4 TPD Capacity Micro Composting Centre (MCC) at a central location of Coonoor Town in T.S. No.: B/34/6 of Coonoor Town Village, (ward No.8, near Uzhavar Sandhai). However, the shredder installed in the Micro Composting Centre experienced some mechanical problem, and in view of the same the Micro Composting Centre‟s operation suspended for about a fort-night, and during this period, the wet waste was transported to the erstwhile I L & F S shed, and subjected to wind-row composting operation. The defect in the shredder was rectified, and the operation in the Micro Composting Centre commenced since 28th August, 2020. As of now, the Micro Composting Centre is fully functional to its capacity, and its performance is satisfactory.
3.3.3: Establishment of RRC:
Under the Solid Waste Management component of Swachh Bharat Mission (SBM), Coonoor Municipality established development activities, in the dumpsite at Ottupattarai, the site under litigation, at an estimated cost of Rs.250 Lakhs covering the construction of internal roads, compound walls, retaining walls, fencing, lighting and construction of a Resource Recovery Centre (RRC). In the Resource Recovery Centre, the recyclable wastes are, segregated, baled and sent to buyers. Further, a high temperature burning system of 600 kg/day capacity has been installed during October 2019, to burn the used Sanitary Napkins and the cloth wastes, which could not be recycled with. Another high temperature burning system of 1500 kg/day capacity is also added to meet the increased load, and the same started functioning since August, 2020. The Resource Recovery Centre is operated with the support from `Clean Coonoor`, a NGO working in the field of environment.
3.3.4: Other amenities for SWM:
An equipment, which is used to shred and compost the non-vegetarian wastes collected from Fish market and Chicken Stall is installed at the shed located at Ottupattarai, where M/s. I L & F S Environmental Infrastructure & Services Limited, carried out the sorting of recyclables.Page 11 of 32
3.3.5: Sliding of Waste in to Tea Estate of Applicant:
During the heavy rains in the monsoon season , the accumulated garbage from the erstwhile dumpsite, where the resource Recovery centre is functioning, got slid in to the Tea Estates owned by the Applicant/ relatives of the applicant.
3.4: Current Situation:
Currently, Coonoor Municipality is generating Municipal Solid Waste to the tune of 14 MT/Day, out of which 8.3 MT/Day is wet waste. Of this, 7 MT/Day is collected and subjected to composting operations, 4 MT/Day at Micro Composting Centre, 1 MT/day, non-vegetarian wastes processed through the equipment installed and 2.0 MT/Day of wet waste is composted in four Parks and another 10 on-site locations. 1.0 MT/Day of wet waste generated by 18 Bulk Waste Generators (BWG) and 0.30 MT/Day of wet waste generated by 630 House-holds are managed by themselves, at the point of generation itself.
Out of the 5.7 MT/Day of Dry waste generated, 0.7 MT/Day of recyclable waste is sold-out at house hold level; the remaining 5.0 MT/Day of dry wastes are brought out to the Resource Recovery centre, sorted and the recyclable wastes are baled, and despatched to recyclers. The non-recyclable wastes such as un-usable cloth waste, used diapers and sanitary napkins are burnt in the controlled high temperature burners installed. The Municipality has been granted authorisation under the Solid Waste Management Rules, 2016, by Tamil Nadu Pollution Control Board, up to 30.09.2020, whose validity is extended till 30.09.2020, by a General Order.
4. Inspection on 19.03.2020:
The Joint Committee Constituted by the Honourable National Green Tribunal (SZ), inspected the site in question, where the Resource Recovery Centre is functioning, on 19.03.2020. The Sub-Collector, Coonoor, The Commissioner, Coonoor Municipality, Municipal Health Officer, Coonoor Municipality, Dr P J Vasanthan, Trustee, `Clean Coonoor` the person managing the Resource Recovery Centre on behalf of `Clean Coonoor`, Tmt. Samantha Iyanna, Managing Trustee of `Clean Coonoor`, other officials from Municipality and Revenue Department were also present during the inspection.
4.1: Observations during inspection:
During inspection on 19.03.2020, the Joint Committee made the following observations:
(i) The Petitioner‟s school is located at about 300 m from the boundary of the lands owned by Coonoor Municipality.
(ii) The location in which the dumping was allegedly carried out is now converted in to Resource and Recovery Centre (RRC).
(iii) The School and RRC are separated by the Tea Estate, reportedly owned by the Petitioner/ Relatives of the Petitioner.
(iv) A portion of legacy trash, previously dumped has slid in to the adjacent tea garden owned by the Petitioner/ Relatives of the Petitioner.
(v) The slided waste was found to be removed from the Tea Estate area in to the boundaries of Municipal Land.
(vi) The firing of waste has not happened in recent times, at least for the past one year.Page 12 of 32
(vii) No waste is dumped for the past one year, consequent to the commissioning of Micro Composting Centre (MCC) and the Resource Recovery Centre (RCC).
(viii) A High Temperature Controlled Burner of 600 kg/Day capacity was provided for burning the sanitary napkins and the cloth waste at a temperature of over 6500C.
(ix) The Capacity of the High Temperature Burner provided for destructing the sanitary napkins and the cloth waste was found to be inadequate.
The District Collector was appraised by the District Environmental Engineer and the Commissioner, Coonoor Municipality that, in addition to the waste slid in to the Tea Estate, legacy waste remain at the back side of the erstwhile I L & F S Facility, entrance of the Municipal Lands at Ottupattarai, right side of Vasampallam Road. It was also informed that the Micro Composting Centre (MCC) is functioning satisfactorily.
4.2: Instructions issued during the Inspection on 19.03.2020:
During the inspection on 19.03.2020, the Joint Committee has given the following instructions to the Local Body,
(i) The waste that is removed from the Petitioners Tea Garden be removed to some other location, with a view to ensure that sliding of waste shall not occur again.
(ii) The Local Body shall make an assessment of all the legacy waste that is left out, formulate proposal and sent to Government for approval for further processing and disposal.
(iii) The mixed waste that is stored/ accumulated at the erstwhile I L & F S premises, be sorted and to recover the useful/ recyclable material.
(iv) Explore the possibility of enhancing the capacity of the High Temperature Controlled burner.
5. Subsequent Inspections:
The District Environmental Engineer, Udhagamandalam carried out an inspection of the site in question on 15.07.2020. During inspection, it was found that the recyclable materials, cloth waste etc., from the legacy waste has been segregated and removed. It is informed by the Municipal Authorities that non-availability of proper road and the priority works associated with the COVID-19 control, has caused the delay in removal of waste from this location, and informed that the same would be completed in another 45 days. It is also informed that the proposal for the treatment of legacy waste has been submitted to Government and waiting approval.
Again the District Environmental Engineer, Udhagamandalam carried out an inspection of the site in question, Resource Recovery Centre, erstwhile I L & F S premises, entry point of Ottupattarai land of Municipality, right-side of Vasampallam Road and the Micro Composting Centre on 27.08.2020.
During the inspection on 27.08.2020, the following observations were made:
(i) Part of the slided waste removed and transported adjacent to the eastern side of Resource Recovery Centre, adjoining to the High Temperature Burners.Page 13 of 32
(ii) The waste is said to have moved to this location to commence the processing of the waste.
(iii) It is assessed that about 50% of the waste weighing around 200 MT is removed.
(iv) It is informed that the said waste would be subjected to bio-mining, by semi-mechanized methods, which would be commenced in another 15 days.
(v) It is informed that 5 MT waste could be processed in a day.
(vi) The recovered materials would be sold out, the non-recyclable waste would be burnt and the plastic and other inert free waste would be used as manure/ soil conditioner.
(vii) It is further informed the there is no suitable land available with the Municipality to transport and dump the waste. Dumping the waste in the other places where legacy wastes are found would lead to sliding of waste.
(viii) A small portion of the mixed waste found within the I L & F S premises, is reportedly sorted out and disposed. It is reported that the Municipality could not deploy the manpower required to sort the mixed waste, in view of the emergency manpower deployment for COVID-19 related activities.
(ix) Another High temperature burner of 1500 kg/day capacity is found installed and operated.
(x) Windrow composting is found to have carried out at the shed in the erstwhile IL & FS site, as a stop gap arrangement, in view of the non- operation of MCC.
(xi) The mechanical fault in the shredder at the Micro Composting Centre is found rectified, and ready to recommence the operation. It is informed that the operation would commence on 28.08.2020. The same is confirmed to have commenced operation on 28.08.2020.
6. NGT Committee on SWM in TamilNadu:
The Principal Bench of the Honourable National Green Tribunal, has constituted a Committee, to monitor the implementation of the Solid Waste Management in the TamilNadu, under the Chairmanship of Hon‟ble Justice Dr. P Jyothimani. The Chairman of the Committee also visited Coonoor Municipality on 08.03.2020. District Environmental Engineer, Tamilnadu Pollution Control Board, Udhagamandalam, Regional Director of Municipal Administration, Tiruppur, Regional Executive Engineer, Municipal Administration, Chengalpattu, Municipal Commissioner, Coonoor Municipality, Municipal Health Officer, Coonoor Municipality, and other officials of Municipality accompanied Hon‟ble Justice Dr. P Jyothimani, during the inspection. The Micro Composting Centre, Resource Recovery Centre, erstwhile I L & F S premises, and also the other places where legacy wastes are dumped were inspected on that day. Hon‟ble Justice Dr. P Jyothimani advised the Local Body to formulate proposal for the bio-mining of the legacy waste, and to submit to Government for approval.
7. Compliance of the instructions given during Joint Inspection:
From the subsequent inspections made on 15.07.2020 and on 27.08.2020, by the District Environmental Engineer, TamilNadu Pollution Control Board, Udhagamandalam and on perusing the records produced by the Page 14 of 32 local body, it is ascertained that the Local Body has complied with the instructions issued during the Joint Inspection on 19.03.2020, as under:
(i) The waste that was removed from the Petitioners Tea Garden has been found shifted to about 50%.
(ii) The same has been moved to the eastern side of Resource Recovery Centre shed, with a view to carry out the processing of waste.
(iii) The Local Body has assessed the total quantity of legacy waste left over around 11778 Cu.m.
(iv) The Local Body has formulated a proposal for the bio-mining of the legacy waste at an estimated cost of Rs. 94 Lakhs, and submitted to Government for approval.
(v) The Local Body has started sorting the accumulated mixed waste and around 10 MT completed, out of the total quantity of around 300 MT. It is informed that they could not deploy more man-power for this job, in view of the COVID-
19 situation, and assured once the situation becomes normal, more people would be deployed to clear the same and completed by 31 st march, 2021.
(vi) The capacity of the High Temperature Controlled burner has been enhanced by adding another system of 1500 kg/Day capacity.
8. Inferences by the Joint Committee:
Based on the observations made by the Joint Committee during the inspections on 19.03.2020, 15.07.2020 and 27.08.2020, and the records the Joint Committee arrive at the following inferences:
)(a)t Dumping of garbage and human waste adjacent to Petitioner‟s School has been stopped. The said location has been converted in to Resource Recovery Centre, wherein managing the dry wastes and burning of non-recyclable dry wastes are carried out.
(b) The Municipality has initiated action for the removal and processing of the slid garbage in to the Tea Estate of the Petitioner.
Assured to completely remove and process the slided waste by 31 st January, 2021.
(c) The reason furnished by Coonoor Municipality in not moving the garbage to the other places, that those places are vulnerable to land sliding is found to be acceptable.
(d) Coonoor Municipality has formulated proposals for the processing of the accumulated legacy waste and submitted to Government.
(e) The reason furnished by the Municipality for the delay in sorting and disposal of un-segregated dry waste is found to be acceptable. Considering the COVID-19 situation, the time limit sought up to 31 st March, 2021, for the complete disposal of that waste found to be reasonable.
(f) No open firing of solid waste is carried out, particularly in the erstwhile dumping yard where the Resource and recovery Centre of the Municipality is function.
(g) The infrastructure available with the Municipality is generally found to be adequate to handle the current waste generated.
9. Attachments:
1. Photographs of inspections made
2. Authorization issued to the Municipality by TNPCB.Page 15 of 32
3. Letter dated 23.07.2020 in which the Municipality submitted the proposal for bio-mining to the Government.
4. Letter dated 28.08.2020 from the Municipality addressed to the District Collector.
Prayer:
It is respectfully submitted that the dumping of garbage in the earlier dumpsite has been stopped completely, open firing of waste has been stopped, and action already initiated by the Municipality to process the slided waste. Thus the prayers of the Applicant are conceded with.
Further, the Municipality has also initiated action, by the way of formulating proposal for the bio-mining of the legacy waste found in the other places, and submitted proposal to the Government for approval. Thus the local body has initiated action for the proper compliance of the provisions of the Solid Waste Management Rules, 2016.
Considering the terrain of the lands of the Municipality, the claim that moving the slided waste to other area would lead to land-slide vulnerability is acceptable. The difficulties expressed by the Municipality in deploying personnel for sorting out the un-segregated waste accumulated are also understandable.
Under such circumstances, it is submitted that the Hon‟ble National Green Tribunal (SZ) may accept the Report of this Joint Committee and order that the further implementation of the measures suggested be ordered to be executed in the recommended time lines, and that the same be monitored by the Committee constituted by the National Green Tribunal, to monitor the implementation of the Solid Waste Management in the TamilNadu, under the Chairmanship of Hon‟ble Justice Dr. P Jyothimani."
8. After considering the report, this Tribunal had passed the following order:-
"5. It is seen from the report that there around 50% of the legacy waste is left for processing and it is mentioned in the report that they will complete the work by 31.03.2021.
6. However, the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018 provided some cut of date to comply with the provisions of the Solid Waste Management Rules, 2016 in its letter and spirit and directed the Pollution Control Board to take action against erring local bodies for non- compliance of the directions issued including imposition of compensation and provided certain slab depending upon the population of the local bodies as penalty for non-compliance but nothing was mentioned about the same in the report.
7. So considering the circumstances, the committee is directed to ascertain those aspects and also submit a further progress report and action taken report in this regard in compliance with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 and submit a report to this Tribunal on or before 02.12.2020 by e-filing after complying with the necessary procedure of producing as many number of hardcopies as required as per rules.Page 16 of 32
8. The Registry is directed to communicate this order to the members of the committee by e-mail immediately so as to enable them to comply with the direction."
9. The case was posted to 02.12.2020 and on 02.12.2020, it was adjourned to 06.01.2021 by notification. On 06.01.2021, it was adjourned to today at the request of the committee for filing a further report as directed.
10.When the matter came up for hearing today through Video Conference, there was no representation for the applicant. Mr. P. Srinivas along with Mr. N.K. Ponraj represented 1st respondent, Dr. V.R. Thirunarayanan represented 2nd respondent and Mr. C. Kasirajan through Ms. Kothai Muthu Meenal represented respondents 3 & 4.
11.We have received the further report of the Joint Committee signed on 01.02.2021 received today which reads as follows:-
"FURTHER REPORT OF THE INSPECTION COMMITTEE IN O.A. NO. 203 OF 2017 (SZ) Background:
As directed by the Hon‟ble National Green Tribunal (SZ), the report of the Joint Committee was submitting before the Hon‟ble National Green Tribunal (SZ). The Hon‟ble Tribunal during its hearing on 01.09.2020 considered the Report filed by the Joint Committee, and issued the following directions:
"5. It is seen from the report that there around 50% of the legacy waste is left for processing and it is mentioned in the report that they will complete the work by 31.03.2021.
6. However, the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018 provided some cut of date to comply with the provisions of the Solid Waste Management Rules, 2016 in its letter and spirit and directed the Pollution Control Board to take action against erring local bodies for non-
compliance of the directions issued including imposition of compensation and provided certain slab depending upon the population of the local bodies as penalty for non-compliance but nothing was mentioned about the same in the report.
7. So considering the circumstances, the committee is directed to ascertain those aspects and also submit a further progress report and action taken report in this regard in compliance with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 and submit a report to this Tribunal on or before Page 17 of 32 02.12.2020 by e-filing after complying with the necessary procedure of producing as many number of hardcopies as required as per rules.
Subsequently during the hearing on 06.01.2021, the Hon‟ble National Green Tribunal (SZ), granted time till 04.02.2021, for the filing of further report, and ordered as follows:
"4. Under the circumstances, we feel that some more time can be granted to the committee, Pollution Control Board and also the Municipality to submit their response as directed by this Tribunal. They are directed to submit the further report on or before 04.02.2021 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 further report of the Joint Committee is submitted in compliance of the orders of the orders of the Hon‟ble National Green Tribunal (SZ), as follows:
Removal of the Solid Waste in the Private Land:
The entire quantity of the legacy waste that was solid into the private land were completely removed. There is no waste lying in the Private land, which was confirmed by the inspection by the District Environmental Engineer on 01.02.2021.
Status of Processing of Legacy Waste:
Coonoor Municipality has fabricated a mechanized for the purpose of the legacy waste. The same is found to be stabilized and could be operated at the rate of around 3 MT/Hour, thereby a maximum quantity of 30 MT/day of legacy waste could be processed. It is found during the inspection on 1st February that about 180 MT of legacy waste is processed. Coonoor Municipality has reported that the remaining quantity of waste could be remediated/processed before 30th June, 2021. It is submitted, that the remaining waste up to ground 3000 MT could be processed, before 30 th June, 2021, provided the process is not interrupted with rain. In as much as there is no rainy season till May, It is possible for Coonoor Municipality to meet the Time Line.
The entire quantity of the legacy waste that were removed from the nearby private land could be completed by the first week of February, 2021.
Levying of Environmental Compensation:
The District Environmental Engineer has issued a show cause notice during Coonoor Municipality directing to show cause as to why Environmental Compensation should not be imposed for non-
st commencement of remediation of old dumpsites by 1 April, 2020, in proceedings dated 12th January, 2021. Coonoor Municipality has furnished reply the vide letter dated 1st February, 2021. The matter is reportedly under the consideration of District Environmental Engineer, as to whether the Environmental Compensation is to levied, or further action be dropped considering the action taken by Coonoor Municipality.
Remarks of Joint Committee:
The perusal of documents furnished by Coonoor Municipality and the observations made by the District Environmental Engineer, Udhagamandalam during the field inspection, the following interferences are arrived at:Page 18 of 32
1. The management of the solid wastes generated by Coonooor Municipality is found to be satisfactory.
2. Coonoor Municipality has commenced the operation of processing of the legacy waste.
3. The mechanized Seiver System fabricated for the purpose of carrying out the bio-mining/processing of legacy waste is functioning satisfactorily.
4. The system could be used to process around 20 to 25 MT/Day of legacy waste, with 8 hours of operation.
5. Around 3000 MT of legacy waste could be processed till 30 th June, 2021, provided there is no obstruction of activities, due to rain.
6. The construction of Fecal STP within the premises of Resource Recovery Centre at Ottupattarai has commenced.
Prayer:
The Joint Committee, do hereby submits this further Action Taken Report, as ordered by this Hon‟ble Tribunal. It is kindly requested that the Hon‟ble National Green Tribunal (SZ) to accept this further Action Taken Report and to pass appropriate orders the Hon‟ble National Green Tribunal (SZ), considers deem and fit on the facts and circumstances of the issue."
12.The Tamil Nadu Pollution Control Board also filed their response signed on 03.02.2021 received today which reads as follows:-
"RESPONSE OF THE DISTRICT ENVIRONMETNAL
ENGINEER, TAMIL NADU POLLUTIONCONTROL BOARD
UDHAGAMANDALAM IN O.A. No. 203 of 2017 (SZ)
Background:
The Hon‟ble National Green Tribunal (SZ), during the hearing on 06.01.2021, ordered as follows:
"4. Under the circumstances, we feel that some more time can be granted to the committee, Pollution Control Board and also the Municipality to submit their response as directed by this Tribunal. They are directed to submit the further report on or before 04.02.2021 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 further report of the Joint Committee has been filed separately. Now, the Further Report of District Environmental Engineer is submitted as follows:
Removal of the solid waste in the Private Land:
The entire quantity of the legacy waste that was solid into the private land were completely removed by Coonoor Municipality and transported to the erstwhile Ottupattarai Dumping Site and the present resource Recovery Centre. There is no waste lying-in the Private land, which was confirmed by the inspection by the District Environmental Engineer on 01.02.2021. The photograph showing the current situation of the locating is submitted for the kind perusal of the Hon‟ble Tribunal.Page 19 of 32
Management of Currently generated Solid Wastes:
Currently, Coonoor Municipality is generating Municipal solid Waste to the tune of 14 MT/Day, out of which 8.3 MT/Day is wet waste. Of this, 7 MT/Day is collected and subjected to composting operations, 4 MT/Day at Micro Composting Centre, as well as for through Wind Row Composting at the erstwhile I L & F S Shed, 1 MT/day, non-vegetarian wastes processed through the equipment installed and 2.0 MT/Day of wet waste is composted in four Parks and another 10 on-site locations. 1.0 and 2.0 MT/Day of wet waste generated by 18 Bulk Waste Generators (BWG) and 0.30 MT/Day of wet side waste generated by 630 House-holds are managed by themselves, at the point of generation itself.
Out of the 5.7 MT/Day of Dry waste generated 0.7 MT/Day of recyclable waste is sold-out at house hole level; the remaining 5.0 MT/Day of dry wastes are brought out to the Resource Recovery centre, sorted and the recyclable wastes are baled, and despatched to recyclers. The non- recyclable wastes such as un-usable cloth waste, used diapers and sanitary napkins are burnt in the controlled high temperature burners installed at the Resource recovery Park at Ottupattarai. There are two numbers of High temperature burners installed, one of 600 Kg capacity and another of 1500 kg Capacity.
Generally, the management of currently generated Solid Waste by Coonoor Municipality is satisfactory. The Photographs showing the management of Solid Waste Management is Coonoor Municipality are submitted for the perusal of the Hon‟ble National Green Tribunal (SZ).
Status of Processing of Legacy Waste:
Coonoor Municipality has commenced the processing of legacy waste using a hand operated seiver. Even though the result was satisfactory, the throughout was found to be very low, such that required very long time to complete the process. As such the possibility of mechanising the said seiver was examined, which was also not finalized. Later, Coonoor Municipality in discussion with the District Environmental Engineer and fabricators finalised to fabricate a bigger mechanised Seiver for the purpose of processing of the legacy waste. After completing the fabrication, the same was put in to operation, the teething problems experienced in feeding the waste, rotation spped were rectified, and put in to regular operation since the fourth week of January 2021. Since then its operation is found to be stabilized, performing satisfactory to the expectations and could be operated at the rate of around 3 MT/Hour, thereby a maximum quantity of 30 MT/day of legacy waste could be processed. It is found during the inspection on 1 st February that about 180 MT of legacy waste is processed. Coonoor Municipality has reported that the remaining quantity of waste could be remediated/.processed before 30th June, 2021. It is submitted, that the remaining waste up to around 3000 MT could be processed, before 30th June, 2021, provided the process is not interrupted with rain. In as much as there is no rainy reason till may. It is possible for Coonoor Municipality to meet the Time Line.
At this rate it is submitted that the entire quantity of the legacy waste that were removed from the nearby private land could be completed by the first week of February, 2021. The photographs of status of legacy waste, its processing are submitted for kind perusal and record.Page 20 of 32
Levying of Environmental Compensation:
As ordered by the Hon‟ble National Green Tribunal (PB) in O.A. No. 606 of 2018 and this Tribunal in this matter, on levying of environmental compensation for not commencing the processing of legacy waste, a show cause notice was issued to the Commissioner, Coonoor Municipality, in proceedings dated 12th January, 2021 directing to show cause as to why Environmental Compensation should not be imposed for non-commencement of remediation of old dumpsites by 1st April, 2020.
The Commissioner, Coonoor Municipality has furnished reply vide their letter dated 1st February, 2021. In the reply, Coonoor Municipality has detailed the action taken for the processing of legacy waste has been commenced already, the Solid Waste Management Rules, 2016 has granted time till 7th April, 2021, to complete the remediation, that they could complete the processing of legacy waste before June, 2021 the difficulties that Coonoor Municipality is facing due to its location, climate etc., the financial difficulties the Municipality is facing etc., The Coonoor Municipality had further submitted that the levying of environmental compensation would create a stress on the little available financial resources, and as such affect the resources available to carry out the processing of legacy waste, and consequently delay the legacy waste processing operations. As such, Coonoor Municipality has requested that no environmental compensation may be levied on them, and the same may be levied on them, and the same may be levied on them in the event they fail to complete the processing of legacy before the Hon‟ble Tribunal, for instructions to Tamil Nadu Pollution Control Board, to with held the process of levying environmental compensation, till 2021. The reply furnished by Coonoor Municipality is under scrutiny of this office, as to whether the Environmental Compensation is to be levied, or further action be dropped considering the action taken by Coonoor Municipality. It is submitted that further action in this matter would be proceeded, as advised by the Hon‟ble Tribunal and also taking in to account the progress made, duly following the procedure.
The Copy of the show cause notice and copy of the reply furnished by Coonoor Municipality are submitted for the kind perusal and records.
Remarks of District Environmental Engineer:
Based on the inspection of the solid waste management practices that are being adopted by Coonoor Municipality, processing of legacy waste on 1st February and earlier inspections, the following interferences are arrived at:
1. The management of the solid wastes currently generated by Coonoor Municipality is found to be satisfactory.
2. Coonoor Municipality has commenced the operation of processing of the legacy waste, by sieving the legacy waste, separate them in to rags, recyclable matter like plastics, glass etc., and soil.
3. The mechanized Seiver System fabricated for the purpose of carrying out the bio-mining of legacy waste is functioning satisfactorily.
4. The Seiver system employed could be used to process around 20 to 25 MT/Day of legacy waste, with 8 hours of operation.
5. Around 3000 MT of legacy waste could be processed till 30 th June, 2021 provided there is no obstruction of activities, due to rain, Page 21 of 32
6. The construction of Fecal Sludge Treatment Plant within the premises of Resource Recovery Centre that Ottupattarai has commenced. The earth work is found to under progress.
Prayer:
The District Environmental Engineer, Tamil Nadu Pollution Control Board, Udhagamandalam do hereby submits that this further action taken report/response filed as ordered by this Hon‟ble Tribunal. It is kindly requested that the Hon‟ble national Green Tribunal (SZ) to accept this further action taken report/response and to pass appropriate orders the Hon‟ble National Green Tribunal (SZ), considers deem fit on the facts and circumstances of the issue."
13.They also produced the show cause notice issued to the 1 st respondent municipality show causing as to why environmental compensation should not be imposed as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 as interim compensation for the amount suggested in the notice, as the work has not been completed so far and also produced reply submitted by the Coonoor Municipality as annexure to the report.
14.We also received the action taken report signed on 03.02.2021 submitted by the Commissioner, Coonoor Municipality which reads as follows:-
"ACTION TAKEN REPORT OF COMMISSIONER,
COONOOR MUNICIPALITY IN O.A. No.:203 OF 2017 (52)
Background:
As directed by the Hon'ble National Green Tribunal (SZ) during its hearing on 06.01.2021, the Hon'ble National Green Tribunal (SZ) considered the Report filed by the Joint Committee, and issued the following directions:
"5. It is seen from the report that there around 50% of the legacy waste is left for processing and it is mentioned in the report that they will complete the work by 31.03.2021.
6. However, the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606 of 2018 provided some cut of date to comply with the provisions of the Solid Waste Management. Rules, 2016 in its letter and spirit and directed the Pollution Control Board to take action against erring local bodies for non-compliance of the directions issued including imposition of compensation and provided certain slab depending upon the population of the local bodies as penalty for non- compliance but nothing was mentioned about the same in the report.Page 22 of 32
7. So considering the circumstances, the committee is directed to ascertain those aspects and also submit a further progress report and action taken report in this regard in compliance with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 and submit a report to this Tribunal on or before 02.12.2020 by e-filing after complying with the necessary procedure of producing as many number of hardcopies as required as per rules."
Subsequently during the hearing on 06.01.2021, the Hon'ble National Green Tribunal (SZ), granted time till 04.02.2021, for the filing of further report, and ordered as follows:
"4. Under the circumstances, we feel that some more time can be granted to the committee, Pollution Control Board and also the Municipality to submit their response as directed by this Tribunal. They are directed to submit the further report on or before 4.2.2021 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".
This Action Taken Report is submitted in compliance of the orders of the Hon'ble National Green Tribunal (SZ), as follows:
Coonoor Municipality's Solid Waste Management initiatives and the current status of Legacy Waste Management Understanding the need for the disposal of Solid Wastes in scientific manner, in compliance to the provisions of the Solid Waste Management Rules notified by the Government of India, at various stages, the Municipality has formulated schemes for the processing of the wastes, in line with the prescription in the Solid Waste Management Rules, 2016. The earlier waste disposal sites have become dumping sites, which, under the provision of the Solid Waste Management Rules, 2016, need to be remediated within five years from the date of Notification, i.e. before 7th April, 2021.
1. At present, the solid waste generated is managed with processes such as composting in case of wet-organic waste, controlled high temperature burning of rags, diapers, used sanitary napkins and the segregation and selling of the dry wastes. The quantity of the legacy waste that was lying in the dumping sites which need to be processed as on 31st January, 2021 is estimated at 2820 MT.
2. The Legacy waste that slid from Ottupattarai Dump yard, into the adjacent private land, which also a part of the subject matter of consideration in O.A. No.: 108 of 2017 had been removed completely and kept adjacent to the processing shed of the Resource Recovery park at Ottupattarai, established at the erstwhile dump yard at Ottupattarai, for the purpose of processing / bio-mining.
Coonoor Municipality assured before the Hon'ble national Green Tribunal (SZ) that the entire legacy waste would be processed and completed before, 31st of March, 2021.
3. With a view to complete the bio-mining/ processing of the legacy waste, a hand operated siever available was put into use, since November 2020. Even though the operation yielded the desired results, the vey-low output in that operation made us to feel that Page 23 of 32 the same needs to be mechanized. However, it was found that even with the mechanization of the available siever, the desired rate of processing could not be performed. With inputs from District Environmental Engineer, TNPCB, Nilgiris, and discussion with fabricators, it was decided to fabricate a heavy- Duty mechanized siever. The dimensions are finalized in discussion with the fabricator, officials of the Municipality and District Environmental Engineer, TNPCB, Nilgiris. The said system has been fabricated and put in to use in beginning of January, 2021.
4. However , the unprecedented rains in December 2020 & January 2021 has delayed the trial operations and once the legacy waste dried, the same was put on trial, in the second half of January, 2021, after Pongal Holidays. Now, the trial has been completed, the teething problems experienced are addressed and presently, we are able to run the siever at a rate of 3 MT/Hour, comfortably, thereby around 30 MT/day of legacy waste could be processed in a day with ten hours of operation. We have operated the system for about one week with this level of performance, i.e. 3 MT/Hour.
5. At this is level, we have completed about 180 MT of legacy waste, as on 31st January, 2021, out of the total estimated legacy waste of 3000 MT, and the remaining quantity of legacy waste remaining at various places as on 1st February, 2021 is assessed as 2820 MT, which we are confident of completing before 30th June, 2021. In this regard, it is informed that that the quantity of legacy waste was previously estimated as 7000 MT at a bulk density of around 0.7. However, the experience on the removal of legacy waste for processing revealed that the total quantity of waste is around 3000 MT only, mainly due to two reasons (i) A fire occurred subsequent to 2017, after the estimation of the waste has reduced the quantity substantially and (ii) There is sizable physically removable material, without sieving is also present in large quantities, and thereby the total legacy waste that is required to be processed is re-worked as 3000 MT. It is submitted , that the remaining waste up to around 3000 MT could be processed, before 30th June, 2021, provided the process is not interrupted with rain. In as much as there is no rainy season till May, it is possible for Coonoor Municipality to meet the Time Line.
6. It is also to be informed that the accumulated mixed dry waste that were kept in the erstwhile IL& FS premises where completely processed and disposed even before December 2020 as against the commitment made of 31.03.2021. It is estimated that the quantity of wastes so processed is around 200 MT only as against the original estimation of 300 MT. Now the area is completely free from any sort of waste.
Removal of the slid waste in the Private Land The entire quantity of the legacy waste that was slid in to the private land was completely removed and is being processed. There is no waste lying in the Private land, which was confirmed by the inspection by the District Environmental Engineer on 01.02.2021 Page 24 of 32 Show Cause Notice from District Environment Engineer (DEE),TNPCB Coonoor Municipality received a show cause notice from District Environmental Engineer (DEE), TNPCB vide Proc. No.:DEE/NLG/ O.A.606 of 2018/NGT -PB/SWM/2020-1 Dated12.01.2021 (enclosed herewith) for non- compliance of the provisions of the Solid Waste Management Rules 2016. Coonoor Municipality sent a detailed reply (enclosed herewith) highlighting the Action Taken Report and requested to accept the reply and drop all further proceedings on levying of environment compensation for Coonoor Municipality.
Coonoor Municipality hereby submits the request before the Hon'ble National Green Tribunal (SZ), that Tamil Nadu Pollution Control Board may be suitably advised to keep the procedure of levying of Environmental Compensation to Coonoor Municipality in abeyance till June, 2021, and any further course of action in this matter be taken on us only if Coonoor Municipality failed to complete the processing of legacy waste by June, 2021 or adequate progress is this regard is not made with.
It is submitted for the kind consideration of the Hon'ble National Green Tribunal (SZ) that the processing of legacy waste has been undertaken in a very few urban local bodies in India, and at this backdrop, the action of Coonoor Municipality, having many locational, climatic and economic constraints, commencing the processing of legacy waste should be encouraged, and at this juncture, levying of Environmental Compensation would only be a deterrent to the activities of Municipality, in this regard, which would also demoralize everyone involved in the solid waste management and legacy waste management in Coonoor Municipality. PRAYER Commissioner, Coonoor Municipality do hereby submits this Action Taken Report, as ordered by the Hon'ble Tribunal, and kindly requests that the same may be accepted.
It is also kindly requested that Tamil Nadu Pollution Control Board may be suitably advised to keep the procedure of the levying of Environmental Compensation to Coonoor Municipality in abeyance till June, 2021, and any further course of action in this matter be taken on us only if Coonoor Municipality failed to complete the processing of legacy waste by June, 2021 or adequate progress is this regard is not made with.
It is submitted that the Hon' ble National Green Tribunal(SZ) to pass appropriate orders the Hon' ble National Green Tribunal (SZ) considers deem fit on the facts and circumstances of the issue."
15.They also produced the show cause notice issued by the Pollution Control Board and certain photographs showing the manner in which the waste Page 25 of 32 generated in their area is being processed and also showing the progress of the bio-mining that is going on in the dump site.
16.The main grievance in this application was regarding the dumping of garbage and human waste in the residential area adjacent to the applicant's school and they wanted the same to be removed from the present site.
17.It is seen from the report submitted that the waste that has been dumped in the private land have been completely removed to the existing dump site used by the 1st respondent municipality and there is no waste lying in the private land which was confirmed by the Pollution Control Board on their inspection dated 01.02.2021 and this was completed by the 1st week of February, 2021.
18.It is also mentioned in the report that as regards the legacy waste disposal is concerned, they are adopting bio-mining and almost 50% of the work has been completed and the remaining 3,000 MT could be completed by 30 th June, 2021. Further, it is also mentioned in the report that they have issued show cause notice, imposing environmental compensation in tune with the directions given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and the Coonoor Municipality has submitted the reply and that may be considered by this Tribunal and instruct as to whether the environmental compensation has to be levied or further action to be dropped on the basis of the action taken by the Coonoor Municipality.
19.The report submitted by the Joint Committee and also the response of the District Environmental Engineer show that the progress of the work and implementation of the Solid Waste Management Rules, 2016 in the 1st respondent municipality is satisfactory and at the rate at which disposal of Page 26 of 32 the legacy waste by applying bio-mining is continued, the work is likely to be completed by end of June, 2021.
20.We also considered the action taken report submitted by the Commissioner, Coonoor Municipality regarding the manner in which the implementation of the Solid Waste Management Rules, 2016 and disposal of the legacy waste is going on in that area.
21.We heard the counsel for the respondents including the municipality.
22.Since the grievance of the applicant has been redressed and the legacy waste that has been dumped near the school and the private residential area have been removed completely, the prayer in the application has become infructuous and that may be the reason why the applicant is not interested in appearing before this Tribunal for proceeding with the matter. However, though the grievance in this application has been redressed by removing the legacy waste, that will not absolve the Tribunal from further monitoring the issue as to how the legacy waste that has been removed from the disputed site is being managed and disposed by the Coonoor Municipality and also regarding the manner in which the implementation of the Solid Waste Management Rules is being implemented for the purpose of collection, segregation and disposal of the waste that has been generated within their jurisdiction. So that was the reason why this Tribunal had retained the jurisdiction of monitoring the implementation and disposal of the legacy waste that has been removed from the disputed site to the designated dump site that is being used by them.
Page 27 of 3223.Though show cause notice has been issued by the Pollution Control Board as directed by the Principal Bench of National Green Tribunal in O.A. No.606 of 2018, imposing interim compensation as work has not been completed so far, they have sought directions from this Tribunal as to whether the same has to be proceeded with or dropped, after completion of work by the Coonoor Municipality as they are doing better work now on the basis of the monitoring that is being done by the Tribunal and inspection conducted by the Joint Committee.
24.The learned counsel appearing for the 1st respondent Coonoor Municipality also submitted that the delay has occurred on account of Covid-19 pandemic situation and thereafter, they are taking earnest attempt to implement the Solid Waste Management Rules, 2016 within their jurisdiction in an effective manner and almost 50% of the legacy waste has been processed and remaining waste will be processed and that will be completed by end of June 2021 and he wanted indulgence of this Tribunal to show leniency in respect of imposing environmental compensation.
25.Since the Principal Bench while considering the O.A. No.606 of 2018 in respect of implementation of the Solid Waste Management Rules, 2016 on PAN Indian basis, is issuing periodical directions for implementation of the same and also to take action against those persons who have not complying with the same by the State Pollution Control Boards and since the Principal Bench has fixed the cut of date for implementation of the Rules in the respective jurisdiction of the local bodies as 31.03.2020 and also fixed certain amount of environmental compensation to be recovered depending upon the population of the local bodies and directed the respective State Pollution Control Boards to implement the same in its letter and spirit, this Page 28 of 32 Bench cannot interfere with the same as it will amount to indirectly review of the order passed by the Principal Bench in this regard. If the Coonoor Municipality want to have any indulgence or any leniency on the question of imposition of environmental compensation as suggested by the Pollution Control Board, their remedy is to approach the Principal Bench in O.A. No. 606 of 2018 and get further directions in that case regarding this aspect.
Unless any modification is made by the Principal Bench on case to case basis, on the basis of the application filed or request made by the respective local bodies, the State Pollution Control Boards have no option but to implement the same in its letter and spirit and no further direction is required from this Bench in this regard.
26.So under such circumstances, considering the progress of the work and also the report submitted by the Joint Committee, we feel that the application can be disposed of by giving certain directions.
27.So, the application is disposed of as follows:
(i) Since the prayer in the application has been accomplished, that has become infructuous.
(ii) The further action taken report submitted by the Joint Committee and also response submitted by the Tamil Nadu Pollution Control Board (TNPCB) and the action taken report submitted by the Coonoor Municipality are accepted and recorded.
(iii) As regards the completion of work is concerned, since the Coonoor Municipality wants further time upto June 2021, we direct the Coonoor Municipality to furnish Page 29 of 32 Performance Guarantee in the form of Bank Guarantee to the tune of Rs.7,00,000/- (Rupees Seven Lakhs Only) to the satisfaction of Tamil Nadu Pollution Control (TNPCB) within a period of 1 (One) month and if the work is not completed as undertaken by the end of June 2021, then the amount will be forfeited and this can be adjusted towards the future compensation that has to be assessed from 01.01.2021 to 30.06.2021 or till the bio-mining process is completed prior to 30.06.2021, giving some reduction from the period before which they have completed.
(iv) As regards the show cause notice issued imposing interim environmental compensation up to December-
2020, the Tamil Nadu Pollution Control Board (TNPCB) is directed to proceed with the matter, unless any modification is made by the Principal Bench in this regard on the basis of any application filed by the Coonoor Municipality before that Bench.
(v) The Tamil Nadu Pollution Control Board (TNPCB) is directed to monitor the progress of the bio-mining process that is being undertaken by the 1 st respondent Municipality regarding the disposal of the legacy waste and also implementation of the Solid Waste Management Rules, 2016 in that municipality and submit periodical reports to this Tribunal regarding the progress of the work on a quarterly basis, till the bio-
Page 30 of 32mining process is completed in tune with the directions given by the Principal Bench in O.A. No.606 of 2018 and submit a report to this Tribunal through e-filing in 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.
(vi) The Coonoor Municipality is also directed to submit its periodical reports regarding the progress of the work once in 3 (Three) month to this Tribunal, till the entire bio-mining process is completed and also the compliance report regarding the directions given by this Tribunal for furnishing the Performance Guarantee as directed above.
(vii) Considering the circumstances, the parties are directed to bear their respective costs in the application.
(viii) The Office is directed to place the periodical reports submitted by the Coonoor Municipality as well as the Tamil Nadu Pollution Control Board (TNPCB) as directed as and when it is filed for consideration and issuing further directions, if any, required in this regard.
(ix) The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board (TNPCB) and also to the Coonoor Municipality for information and compliance.
Page 31 of 3228.With the above observations and directions, this application is disposed of.
Sd/-
....................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Shri. Saibal Dasgupta) O.A. No.203/2017, 04th February, 2021. Mn.
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