National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary Government Of ... on 9 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.10:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 71 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion SUO MOTU based
On the News item in the New Indian Express Newspaper,
Dated 10.02.2021, "Oil leak from titanium factory hits
Thiruvananthapuram coast, public barred from affected stretch".
News item in the Hindu, dated: 10.02.2021, "Furnace oil from Titanium
Factory spills into sea". News item in Mathrubhumi, English Edition
Dated 10.02.2021," Glass furnace pipe bursts at Titanium factory in
TVM, oil leaked to sea".
...Applicant(s)
Versus
The Chief Secretary,
Government of Kerala,
Thiruvananthapuram and others.
...Respondent(s)
Date of hearing: 09.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. B. Sarath Babu represented
Mr. E.K. Kumaresan for R1 to R4, R7, R8.
Mrs. V.K. Rema Smrithi for R5, R6.
Mrs. D. Kamachi for R9.
M/s. Latha Anand along with Mr. Vishnu for R10.
1
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper reports published in The New Indian Express dated 10.02.2021 under the caption "Oil leak from titanium factory hits Thiruvananthapuram coast, public barred from affected stretch", The Hindu dated 10.02.2021 under the caption "Furnace oil from Titanium factory spills into sea" and also news item published in Mathrubumi, English edition dated 10.02.2021 under the caption "Glass furnace pipe bursts at Titanium factory in TVM, oil leaked to sea". This Tribunal had admitted the matter and appointed a Joint Committee to go into the question and the Chief Secretary, State of Kerala was directed to co-
ordinate and give necessary assistance to the committee members to carry out their work in an effective manner and directed them to submit a report to this Tribunal and the case was originally posted to 06.04.2021 for that purpose. Thereafter, the matter has been adjourned from time to time by notification and lastly, it was adjourned to today as per notification dated 28.04.2021.
2. When the matter came up for hearing today through Video Conference, Mr. B. Sarath Babu represented Mr. E.K. Kumaresan, counsel for respondents 1 to 4, 7 & 8, Mrs. V.K. Rema Smrithi represented respondents 5 & 6, Mrs. D. Kamachi represented 9th respondent and M/s.
2Latha Anand along with Mr. Vishnu represented 10th respondent. So, service is complete.
3. We have received action taken report submitted by the Additional Chief Secretary to Government, Environment Department dated 05.04.2021 and received on 12.04.2021 which reads as follows:-
"ACTION TAKEN REPORT Report on Oil Spillage from Travancore Titanium Products Limited - submitted to the Hon'ble NGT on behalf of the Respondents - 1 to 4 in A No. 71 of 2021 There was a furnace oil spillage in Tranvancore Titanium Products Limited (TTPL) on 10.02.2021 at about 7.40 am due to an oil line breakage. Unfortunately the discharge drain in the plant going to the sea shore was just below the line and the spilled oil was carried away to the sea shore causing a major environmental incident. The problem was detected at around 7.50 am and the pump was stopped immediately. An estimated quantity of 4750 liters of oil was spilled to the drain. Even though the drain was blocked intermediately, some quantity of furnace oil was carried away to the seashore.
2. On hearing the incident, officers from Kerala State Pollution Control Board rushed to the site immediately and the matter was communicated to the District Collector, Fire and Rescue Department, Indian Coast Guard, Vizhinjam und Indian Coast Guard, Kochi, On a preliminary inquiry it was observed that the oil spread extended uptoThumba (approximately 4.5 km stretch). Assistance of Coast Guard was requested to determine the extent of oil spill Coast Guard authorities conducted an inspection and informed that the leakage had affected only the shoreline and thus has not been carried to the deep sea. Samples of effluent and only sand were collected from different points along the shoreline and also from the source of discharge. The industry premises were also inspected and it was found that the discharge into the drain leading to the sea was completely stopped and the industry was instructed to carry out source level containment. The Kerala State Pollution Control Board was directed immediately to stop the functioning of the factory, The Board officials on inspection found that the pipeline carrying furnace oil had a leak which caused spillage of the 3 same into the discharge drain of treated effluent leading to the sea.
3.District Collector who is the chairperson of the District Disaster Management Authority visited the site. Department of Fire and Rescue also visited the location. As the leakage had already spread to a large area, and as there was no threat of fire the department of Fire and Rescue official informed that no action was required from their end.
4. A hearing was conducted on 17.02.2021 in the chamber of Chairman, Kerala State Pollution Control Board, regarding the oil leakage from the factory and the factory officials were given directions to resume production only after removing the oil contaminated sand from the polluted stretch of shoreline outlet inside the factory as well as the outlet drain leading to the sea. The company informed that the contaminated sludge from the outlet drain outside the company premises could not be removed due to public protests. On 24.02.2021 the Chief Environmental Engineer, Head Office and the Senior Environmental Engineer (Technical) Head Office conducted inspection to the unit. During the inspection it was observed that the company was installing on line pH meter at the effluent outlet. The drains, delay ponds etc. inside the premises were found to be cleaned. The excavated / cleaned sludge was deposited in a separate area in the company premises. All outlet drains, including storm water drains inside the unit were found to be sealed. On 01.03.2021 the Chief Environmental Engineer, Head Office and the Chief Environmental Engineer, Regional Office, Thiruvananthapuram conducted an inspection of the outlet outside the company premises. Oil contaminated sand and other materials such as bottles, wooden parts etc. were found to be removed.
5.On 01.03.2021, after a meeting conducted by Deputy Collector, Thiruvananthapuram and the public of the locality, the company informed that the contaminated sand was removed from the drain from the outlet outside of the company. But the outlet was blocked by the public so that no effluent could pass through it. The company requested permission for restarting production at it reduced rate of 10 TPD of Titanium Dioxide and to operate the acid plant at 240 TPD on 04.03.2021 without letting any effluent discharge. Permission was granted for the trial run on 09.03.2021 for a period of 5 days with the condition that no effluent shall be discharged to outside of the company premises. The company informed that they had restarted production on 16.03.2021 for trial run purpose. Continuous monitoring was done by the KSPCB team throughout the trial run. Unless the blocked effluent outlet is opened the company 4 may not be able to discharge effluent to outside of the unit with the normal production rate. Now the Travancore Titanium Company has requested for permission to operate the plant with enhanced production of Titanium Dioxide. A report was submitted by the Environmental Engineer, District office Thiruvananthapuram on the trial run of the plant which specified the analysis results of pH levels of the treated effluent, oil and grease and suspended solids and the values were within permissible limits and there was no effluent discharge outside the company premises during the trial run period.
LOCATION AND NATURE OF ACCIDENT Accident in the form of furnace oil leak occurred in the factory compound of M/s Travancore Titanium Products, Kochuveli, Thiruvanthapuram - 695021. The leak occurred in the overhead pumping line of furnace oil (to be boiler), which was going over the effluent discharge drain and it was dropped as a jet to the open drain which carries treated effluent. The open drain traverses a distance of around 200 meter before discharging into the seashore.
Sequence of Events 10.12.2021, 07:30 A.M: Pumping of furnace oil started (as reported by the unit).
07:50 AM: Damage and leak in pipeline detected and pumping stopped (as reported by the unit) 08:00 AM: Action taken for the blocking the drains inside the unit 08:30 AM: Action taken for blocking the flow from the outlet point of the open drain into the sea but was stopped due to public protest.
04:00 PM to 11:30 PM: Removal of oil contaminated sand from various locations to the company premises and is being stored in leak proof area.
11.02.2021, 06:30 AM to 01.03.2021, 01:00 PM: Removal of oil contaminated sand from various locations (about 5000 kg was collected) to the company premises and stored in leak proof area.
Action taken by the Government The Government constituted a committee consisting of Principal Secretary (II), Industries Department, Managing Director, Malabar Cements Ltd., Managing Director, Kerala 5 Minerals and Metals Ltd. to enquire into the leakage of furnace oil through drainage into the sea, vide GO (Rt) No.195/2021/ID dated 12.02.2021.
2. The committee has submitted its region and Travancore Titanium Product Lad has been directed to comply with the recommendations in the report. A copy of the report is submitted as Annexure I.
3. In this matter the Additional Chief Secretary, Environment conducted a meeting on 19.03.2021. In the meeting the Chairman, KSPCB informed that the company was closed following the furnace oil leak and now almost a month has elapsed since that incident. The company had removed all the oil contaminated sand along the shoreline and at the outlet Inspection was also conducted recently from the District Office of the Board inside the factory premises to see that the instructions were complied and all maintenance works completed. The company requested for resumption of operation with one fourth production capacity of TiO2, and the Board sanctioned the request. The meeting proposed a trial run for 5 days commencing from the cay of resumption of operation which will be monitored by the Kerala Stare Pollution Control Board, during which, samples of effluent and emission will be collected and analyzed. If there is no discharge of treated effluent outside the premises during the trial run and the trial run is found to be successful Kerala State Pollution Control Board will revoke the restrictions imposed on the functioning of the unit. During the trial run there shall be no discharge of treated effluent outside the premises.
4. Managing Director, TTP informed in the meeting that the factories and Boilers have conducted inspection of the factory and they are all set to start the trial run and has further ensured that all environmental norms will be adhered to.
5. No immediate damage to human life and health was caused due to the incident. The extent of damage to the environment including, land, soil, and marine environment is being assessed. Sand samples from various point of the contaminated stretch have been taken and sent for analysis.
6. Livelihood of fisherman in the locality has been affected for few days. The Chief Environmental Engineer, Regional Office, Thiruvananthapuram has requested the Department of Fisheries to assess and furnish a report on the extent of the marine wealth and fisheries families affected by the incident."6
4. Along with the report, they also produced enquiry report conducted from their level regarding the incident, wherein also, certain recommendations have been given.
5. It is mentioned in the report that the extent of damage caused to the environment including land, soil and marine ecology is being assessed and sand samples from various point of contaminated stretch have been taken and sent for analysis. It is also mentioned in the report that the Chief Environmental Engineer, Regional Office, Thiruvandram has requested the Department of Fisheries to assess and furnish a report on the extent of marine wealth and fisheries family affected by this incident.
6. The Kerala Pollution Control Board also filed a report dated 07.06.2021 e-filed on 08.06.2021 and received on the same day which reads as follows:-
"Report filed by the Environmental Engineer, Kerala State Pollution Control Board (KSPCB), District Office, Thiruvananthapuram , on behalf of the 5th respondent in the matter of Original Application No. 71/2021.
1. I, Ramya G, Environmental Engineer, Kerala State Pollution Control Board (KSPCB - hereinafter referred to as Board), District Office, Thiruvananthapuram, am representing the 5th respondent, the Chairman of the Board. I have been authorized to file report on behalf of the Chairman of KSPCB.
Copy of the Authorization letter is produced herewith as Annexure 1.
2. The Original application is registered as SUO MOTO by the Hon'ble Tribunal based on the reports in the New Indian Express, the Hindu and the Mathrubhumi Newspapers , dated 10.02.2021, regarding Oil Leak 7 from Travancore Titanium Products Limited( herein after referred to as TTPL)at KochuVeli in Thiruvananthapuram. The Honourable Tribunal vide order dated 17.02.2021 has appointed a Joint Committee comprising of The District Collector, Thiruvananthapuram District, a Senior Scientist from Kerala State Pollution Control Board, a Senior Officer from the Tamil Nadu Coastal Zone Management Authority, a Senior Scientist from Central Pollution Control Board, Regional Office Bangalore and a Senior Scientist from National Institute of Ocean Technology, Chennai as the members. Hon'ble Tribunal has ordered the committee to inspect the site in question and to submit a factual as well as action taken report. The Central Pollution Control Board, Regional Office, Bangalore is entrusted as the nodal agency in this regard. It is submitted that Sri Baburajan P.K., the Chief Environmental Engineer, Head Office, KSPCB,(Now working as Chief Environmental Engineer, Regional Office, Thiruvananthapuram) is nominated to the Joint Committee as per the aforementioned order.
3. TTPL is a Public Sector undertaking under Government of Kerala engaged in the production of Titanium Dioxide(TiO2) Pigment. The Company also have a Sulphuric acid plant to produce acid for captive consumption. Titanium Dioxide is manufactured by the Sulphate process from Ilmenite. Ilmenite which is a mixture of Titanium Dioxide and Iron Oxide is reacted with Sulphuric acid and disintegrated into ionic state in solution. The Titanyl Sulphate on hydrolysis gives Hydrated Titanium Dioxide. On Calcination at elevated temperature the Hydrated Titanium Dioxide is transformed to Crystalline form.
4. Information was received from the public regarding an incident of furnace oil spillage from Travancore Titanium Products Ltd. at Kochuveli on 10.2.2021 morning at around 09.00am. A team of Board Officers rushed to the site immediately and the matter was communicated to Fire and Rescue Department, Indian Coast Guard Vizhinjam and Kochi. As informed by the factory officials, 5kilolitre of 8 Furnace oil was spilled over to the effluent discharge drain in the factory leading to the sea. After reaching the oil through the effluent outlet to the sea, oil was spread along the shoreline due to the action of sea waves. Samples of effluent and oily sand were collected from different points along the shore line and from the source of discharge. The industry premises were also visited and the discharge into the sea was completely stopped .The industry representatives informed that the pipeline carrying furnace oil had a leak which caused spillage into the discharge drain leading to the sea.
5. The following instructions were issued to the unit by Chairman of the Board vide letter dated 10.02.2021. Copy of the letter is produced herewith as Annexure 2.
1. Removal of oil contaminated beach sand from the entire contaminated beach length.
2. As the waves are transferring the leaked oil continuously to the sea shore, the removal of the contaminated sand till the last drop of oil is removed, should be ensured.
3. Absorbents like saw dust, rice husk etc shall be spread on the beach from the northern oil spread end, till the point where the spread has reached. Sufficient labour, trucks and other equipments shall be employed to complete the works on a war footing.
4. The contaminated sand shall be kept in the premises of the unit without causing any further contamination and the disposal of the same shall be in the presence of the Board officials and in accordance with direction of the Board. The drain inside the premises leading to the sea, still holding the leaked oil sludge shall be emptied, cleaned and the removed sludge shall be stored inside the industry premises without causing any further contamination.
5. The contaminated sludge, saw dust and sand collected shall be properly quantified; proof of which shall be submitted to the Board
6. The proof of quantity of furnace oil leaked shall be submitted.
97. The oil collected in a pond in factory premises shall be transferred safely to leak proof tanks and contaminated soil shall be transferred along with soil sludge, and kept safely; the disposal shall be as per the direction of the Board.
8. There shall not be any discharge of effluent from the industry to the sea through authorized or any other outlet till the above works are completed. Prior permission from the Board shall be obtained before resuming production in the unit.
9. The industry shall install online effluent monitoring system in the open drain to the sea.
10.The industry shall provide leak detection facility for furnace oil line and for other hazardous materials.
6. The Chairman of the Board had also submitted a report to the Central Pollution Control Board vide letter dated 11.02.2021. Copy of the report is produced herewith as Annexure 3.
7. The Coast Guard Department intimated that they had deployed Interceptor Boat EX-VIZHINJAM to ascertain the situation and they observed that spillage had not spread to the sea. Fortunately due to direction of prevalent wind the oil sick had been observed along shoreline only. Copy of the said communication is produced herewith as Annexure 4.
8. The officers of the Board visited the site regularly and under their supervision, the unit collected oil contaminated sand along a stretch of about 4.5 km except in the area near the discharge point. It was informed bythe industry that the premises of the discharge point could not be cleared due to protest from the local people. The oil contaminated sand of about 12 MT was removed and stored within the premises of the company in a specific area earmarked and covered with plastic sheet. The same was handed over to the Common Hazardous Waste Treatment, Storage and Disposal Facility at Ambalamedu, Kochi.
9. A meeting with the company representatives was held by the Chairman of the Board on 18.02.2021. A direction was issued to the company by the Chairman on 18.02.2021 10 instructing to remove the oil and oil contaminated sand from the effluent outlet leading to sea. Copy of the direction is produced herewith as Annexure 5. In reply to the direction, the company informed that they were not in a position to remove the oil contaminated sludge from the drain exit point, since the public protest from local fishermen were still continuing. The matter was brought to the notice of the District Administration vide letter of Chief Environmental Engineer of the Board dated 18.02.2021 and subsequently a meeting was convened by the District administration on 25.02.2021 and 26.02.2021.
10. The TTPL authorities informed on 01.03.2021 that the Furnace oil contaminated sand and other waste materials had been completely removed from the drain discharge point. It was requested vide their letter dated 04.03.2021 to allow operation of the plant for the production of 10T of TiO2 and 240 T of H2SO4 per day. Board officers inspected the site and verified compliance. 22.270 tonnes of oil contaminated sand and 36.13 tonnes of oil contaminated Ilmenite sludge were seen to be handed over to KEIL. As per letters no. PCB/HO/TVM/ICO/18/07 dated 03.03.2021 & 09.03.2021, permission was granted to Travancore Titanium Products Limited to operate the plant on trial run basis for 5 days to produce 10 TPD of Titanium Dioxide and 240 TPD of Sulphuric Acid with strict observance of proper storage of Sulphuric acid and without any effluent discharge to outside of company premises through the outlet. Trial run was conducted from 16.03.2021 to 20.03.2021. Continuous monitoring was conducted by a team of Board officers during the period of trial run and no effluent had been discharged outside the company premises through the outlet during the said period.
11. Subsequently the company had requested permission to enhance production of Titanium Dioxide to 30TPD. The matter was examined in detail and a meeting had been convened with the representatives of the unit. Mass balance and water balance submitted by the unit were examined. Permission was granted 11 upto 31/05/2021 to enhance production of Titanium Dioxide to 30TPD with a condition not to discharge any effluent outside the company premises. Copy of letter dated 05.05.2021, granting permission is produced herewith and marked as annexure 6. It is respectfully submitted that during the period of resuming production in the plant no abnormalities could be noticed by the Board. The company could manage the discharge of effluent so far by irrigation of their own land even though the outlet was blocked. However due to the onset of the monsoon, the management of storm water along with effluent may become a problem and the company need to chalk out a plan for confronting the situation. The Board is monitoring the situation with due vigilance and shall take necessary follow up action in this regard.
All stated above are true to the best of my knowledge, information and belief.
Dated this the 07th day of June 2021."
7. It is mentioned in Para 10 of the report submitted by the Pollution Control Board that TTPL authorities informed on 01.03.2021 that the furnace soil contaminated sand and other waste materials had been completely removed from the drain discharge point.
8. It is also mentioned in the report that on the basis of the request made by the TTPL for permission to operate, they inspected the area and verified the compliance and it was revealed that 22.270 T of oil contaminated sand and 36.13 T of oil contaminated ilmenite sludge were, seems to be, handed over the KEIL. They were monitoring the trial run and permission has been granted to the 10th respondent unit to have a production in a reduced rate and now they are discharging the treated 12 effluents within their premises itself and no permission has been granted to discharge the same into the public drain.
9. The committee has not filed the report so far. Without getting the committee report, it is not possible for this Tribunal to ascertain the nature of damage caused to the environment, as even from the report submitted by the Industries Department that those things can be assessed only after getting soil analysis report etc.
10.The Coastal Zone Management Authority has also not filed their statement so far.
11.When this was pointed out, the learned counsel appearing for the Coastal Zone Management Authority wanted some more time to file the statement.
12.The Fisheries Department and other departments are also expected to file their independent reports regarding the nature of damage, if any, caused on account of the oil spillage, as it revealed from the statement filed by the Additional Chief Secretary to Government, Environment Department that further studies will have to be done by respective departments as well. None of the report shows as to whether the joint committee had conducted the inspection or not.
13.So under such circumstances, we direct the joint committee to conduct the inspection immediately, otherwise, the purpose of appointment itself will be defeated, if there was inordinate delay in conducting the 13 inspection, as the traces of damage, if any, caused to the soil or sea will be disappear due to lapse of time.
14.The committee is directed to conduct the inspection immediately and submit a report as directed. The Integrated Regional Office, Central Pollution Control Board, Bangalore is the nodal agency and they are expected to act swiftly when such incidents were brought to their notice.
The order of appointing the committee was made on 17.02.2021. At that time, there was no restriction of lockdown or movement restriction and they could have made the inspection and submitted the report.
15.The 10th respondent also wanted time to submit their independent statement regarding the incident and nature of action taken from their side to mitigate the issue.
16.The committee as well as the other respondents are directed to submit their respective reports and reply statements respectively to this Tribunal on or before 16.07.2021 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.
17.The Registry is directed to communicate this order to the members of the committee, especially to the Integrated Regional Office, CPCB, Bangalore so as to enable them to comply with the direction and conduct inspection as directed at the earliest possible and submit a report to this Tribunal.
1418.For completion of pleading and consideration of committee report, post on 16.07.2021.
Sd/-
....................................J.M. (Justice K. Ramakrishnan) Sd/-
............................E.M. (Dr. K. Satyagopal) O.A. No.71/2021 (SZ) 09th June, 2021. Mn.
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