National Green Tribunal
National Green Tribunal Southern Zone vs Union Of India Rep. By Its Secretary ... on 3 February, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.03:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 186 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on the
News item in The New Sunday Express Newspaper
Dated: 20.07.2020, "Ranipet Residents health at risk due to
Pollution; Chromium waste killing agriculture in Ranipet
Poses long-term health risks."
...Applicant(s)
Versus
1. Union of India, Rep. by its Secretary,
Ministry of Environment and Forests and Climate Change
Indira Paravaran Bhawan,
Jorbagh Road, New Delhi- 110 003.
2. Central Pollution Control Board,
Rep. by its Chairman,
'Parivesh Bhawan, East Arjun Nagar,
Shahdara, Delhi - 110 032.
3. The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
4. The Principal Secretary to Govt. of Tamil Nadu,
Health and Family Welfare Department,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
5. The Secretary to Govt. of Tamil Nadu,
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Department of Environment,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
6. Additional Chief Secretary to Govt of Tamil Nadu,
Municipal Administration and Water Supply Department,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
7. The Principal Secretary to Govt. of Tamil Nadu,
Industries Department,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
8. The Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
9. State Ground And Surface Water Resources Data Centre,
Rep. by its Chief Engineer,
Tharamani, Chennai - 600 113.
10. The District Collector,
Ranipet District,
Collectorate, Kellys Road,
Navalpur, Ranipet - 632 401.
...Respondent(s)
Date of hearing: 03.02.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Sri. Dr. V. R. Thirunarayanan for R3 to R7, R9
& R10
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Sri.Thirunavukarasu for R2
Sri. Kasirajan through
M/s. SM. Kothai Muthu Meenal for R8
ORDER
1. As per order dated 28.09.2020, this Tribunal had Suo Motu registered a case on the basis of the news paper report published in "The New Sunday Express Newspaper Edition dated: 20.07.2020 under the captions "Ranipet residents' health at risk due to pollution; Chromium waste killing agriculture in Ranipet, poses long-term health risks".
2. This Tribunal also relied on the decision reported in 'Vellore Citizens' case (Welfare Forum Vs Union of India and others (1996) 5 SCC 647) where certain directions had been issued to the regulating authorities even to close down the industries which were responsible for causing pollution till they make necessary pollution control mechanism to avoid such pollution to the water bodies.
3. This Tribunal also noticed from the newspaper report that large scale Chromium bearing waste is being dumped in the areas which affects the health of the people. It is scientifically proven factor that Chromium deposit is carcinogenic in nature which is a cause for causing cancer among the public. 3
4. According to the newspaper report, the Tamil Nadu Chromate Chemicals Limited (TCCL) in SIPCOT Industrial Estate, Vellore District, has to deal with this issue, but no proper action has been taken by them.
5. An action plan for abatement of pollution in critically polluted area/SIPCOT Industrial Complex, Ranipet, Tamil Nadu prepared by the Tamil Nadu Government has not been implemented so far. So under such circumstances in order to ascertain the present status and also the remedial measures to be taken by the regulating authorities to abate the possible pollution and health hazard that is likely to be caused on account of such unauthorised act by the alleged violators, we have appointed a joint committee and directed the joint committee to submit the report to this Tribunal and posted the case to 25.11.2020. On 25.11.2020, the matter was adjourned to 07.01.2021 and on 07.01.2021the matter was adjourned to today by successive notifications.
6. When the matter came up for hearing today through Video Conference, Sri. Dr. V. R. Thirunarayanan represented respondents 3 to 7, 9 & 10, Sri. Thiruvavukarasu represented 2nd respondent and Sri. Kasirajan through M/s. SM. Kothai 4 Muthu Meenal represented 8th respondent.
7. We have received a status report on behalf of the Central Pollution Control Board (CPCB) which reads as follows:-
Status Report Filed on Behalf of Central Pollution Control Board I, S. Suresh, Son of S.R. Sathyanarayana, Hindu, aged about 58 years, having office at the Regional Directorate, Central Pollution Control Board, 1st& 2nd Floors, NisargaBhavan, A- Block, Thimmaiah Main Road, 7th D Cross, Shivanagar, Bengaluru - 560 079 do hereby solemnly affirm and sincerely state as follows:-
That, I am presently working as Scientist 'E' & holding additional Charge of Regional Director (Chennai), Central Pollution Control Board (hereinafter referred to as CPCB) have been authorized to file the status report. I am fully conversant with the facts of the case and hence, competent and authorized to depose and swear the present as under:
It is respectfully submitted that the above case has been SuoMotu registered by this Tribunal on the basis of the newspaper report published in "The New Sunday Express Newspaper Edition dated:20.07.2020 under the captions "Ranipet residents' health at risk due to pollution; Chromium waste killing agriculture in Ranipet, poses long- term health risks".
1. It is submitted that the soil, sediment and groundwater in and around the closed premises of M/s Tamil Nadu Chromate Chemicals Limited (hereinafter referred to as TCCL) at SIPCOT Industrial Estate in Vellore District has been contaminated with hexavalent chromium and other heavy metals. The contamination is spread over a large area and the off-site contamination is found in a direction along natural surface water and subsurface flow from TCCL. The site is therefore identified as one of the priority area in the country for remediation.5
2. It is submitted that in the year 2011-12,Ministry of Environment, Forest and Climate Change (hereinafter referred to as MoEF&CC), Government of India has initiated a Project with scheme from National Clean Energy Funds (hereinafter referred to as NCEF) for assessment and remediation of 12 priority contaminated area in the country. The TCCL contaminated area has been identified as one of the priority sites requiring remediation under NCEF Project.
3. It is submitted that the MoEF&CC, has identified CPCB as a Project Implementing Agency for 'Remediation of 12 priority hazardous waste contaminated areas. The first phase of the NCEF project was envisaged for preparation of Detailed Project Reports (DPRs) for remediation of aforesaid contaminated areas including TCCL area.
4. It is submitted that in order to execute NCEF project CPCB has constituted two Committees i.e. Project Steering Committee (hereinafter referred to as PSC) to take necessary decisions pertaining to administrative, technical and financial matters for the project and Technical Expert Committee (hereinafter referred to as TEC) as an advisory body on suggesting and recommending technical aspects of the NCEF project.
5. It is submitted that as per the terms of NCEF project scheme, central funding for assessment and remediation of contaminated area was limited to 40% of the total project cost. The remaining 60% is to be met from State Government through Polluter Pays Principle/Public-Private Partnership/State support, etc. The said project was initiated in 6 States including Tamil Nadu State who had given in-principle approval for funding State's share of 60% (a copy of in-principle approval for State share is annexed at Annexure-I).
6. It is submitted that the project for preparation of DPRs including TCCL contaminated area at Ranipet, Tamil Nadu was initiated in the year 2014.However, NCEF Project of MoEF&CC has been discontinued by Government of India due to non-availability of funds under NCEF scheme.6
7. It is submitted that under NCEF project, CPCB has completed Detailed Project Report for remediation of Ranipet chromium contaminated site based on detailed site assessment studies including risk assessment. The report was submitted to TNPCB and TN State Government with request to take-up remediation works as per said DPR.
8. It is submitted that detailed site investigation was carried out by taking samples from 63 soil boreholes, 30 monitoring wells, 12 sediment boreholes, existing open wells, hand pumps, 11 bore water and 14 surface water samples. A key finding of detailed site investigation is given below:
The main source of contamination is the waste dump located in the northern portion of the Site; Secondary sources of contamination attributed to abandoned CETP pumping wells located north of Site;
Total Chromium and Hexavalent Chromium; have been identified as contaminants of concern in soils, groundwater and surface waters. Results indicates that the total and hexavalent chromium contamination is mainly limited to the on-site waste dump area and along the groundwater contamination plume migrating to off-site towards south of TCCL site. Further surface water impacts in the form of seepage from TCCL site flowing in open drains towards off-site areas in south of TCCL site.
There is active contamination in surface drains due to seepage on-site waste dump at TCCL as well as run-off from dumpsite during monsoon. Sediment samples in receiving water bodes does not show hexavalent Chromium above its Limit of Reporting (LoR) but total chromium was detected in concentrations above the reference criteria. Cluster wells installed within TCCL premises in southwest corner (groundwater flow direction is northeast to southwest) indicate that total and 7 Hexavalent Chromium in groundwater observed upto a depth of 45m below ground level (bgl) with maximum concentrations occurring at 30m bgl;
9. It is submitted that at TCCL premises, the maximum concentration of hexavalent chromium was 5,596 mg/kg in soil and 277.6 mg/l in groundwater. In off-site areas, hexavalent chromium in groundwater observed between 0.18 mg/l to 49.43 mg/l. The permissible drinking water standard for chromium is 0.05 mg/l
10. It is submitted that Total and hexavalent chromium concentrations exceeded reference levels in the off-site groundwater sampling locations up to 0.5 km south of Site. Traces of contamination was found along the groundwater plume towards southwest direction from site up to a distance of about 2 kilometres, after which no contamination in groundwater was noticed further downstream towards the Palar River.
The reason for the same is attributed to obstruction to groundwater flow influenced by naturally occurring geological fault.
11. It is submitted that the off-site area with chromium contamination in groundwater are residential areas, comprising of open spaces, ponds along with limited agricultural activity.
12. It is submitted that the Human Health Risk Assessment (HHRA) was carried out as part of the study to derive site specific remediation target levels (SSTLs) for remediation.
13. It is submitted that the contaminated area at Ranipet and the adjoining areas of TCCL site was inspected by Technical Expert Committee (hereinafter referred to as TEC) constituted by CPCB along with the representatives of CPCB, TNPCB and CPCB's Consultant on 13.03.2017. Subsequently, in the 9th meeting of the TEC had reviewed the technologies for remediation of said contaminated area. Further, TEC in its 13th meeting held on 02.07.2018 recommended the technologies for remediation of said contaminated area had been accepted by Project Steering Committee (PSC) under chairmanship of Chairman, CPCB.
14. It is submitted that the estimated cost of remediation of TCCL contaminated site is Rs. 206 crore and apart from this, a groundwater remediation system is required to be operated for about 10 - 15 years at annual operating cost of about Rs. 10 - 15 crore. The remediation activity may comprise of the following;
a. Excavation, treatment and disposal of contaminated soil and waste in an on-site secured landfill at about Rs. 194 crore; 8 b. Groundwater remediation by installing abstraction system (pump and treat system) along with a common water treatment plant for chromium contaminated water at an estimated cost of Rs. 12 crore;
15. It is submitted that CPCB vide letter dated 11.01.2019 was forwarded the final DPR to TNPCB with request to taken-up remediation works. A template of bid document was also forwarded to State Government and TNPCB vide CPCB letter dated 13.02.2019 for execution of remediation works as per DPR prepared under NCEF project (a copy of said letter is annexed at Annexure-II).
16. It is submitted that since NCEF Project of MoEF&CC has been discontinued by Government of India, funds for execution of remediation works (as per the DPR) may be arranged by Government of Tamil Nadu/TNPCB. Since the TCCL was operated by State government department and also by few private entities, funds for remediation may be apportioned to both TN State as well as the other responsible parties, who operated the plant.
17. It is submitted that outlines of the findings of the site investigation, human health risk assessment study carried out under NCEF project including technology screening, the approach for remediation of contaminated soil, sediment, surface water & groundwater both at on-site and off-site of TCCL area at Ranipet, Tamil Nadu is annexed at Annexure-III.
PRAYER It is humbly prayed before this Hon'ble Tribunal in the interest of Justice that this Hon'ble Tribunal may be pleased to pass an order to;
1) Direct government of TN State to take-up remediation of TCCL contaminated area being the responsible party who operated the plant. The remediation work may be executed as per the DPR prepared by CPCB.
2) The cost of remediation works may be borne by TN State who may also recover a portion of the cost from other responsible parties.
3) Remediation work may be executed as per authorization and supervision of TNPCB. TNPCB may also engage any competent consultant to monitor and verify the works.
4) State Level Monitoring Committee (SLMC) may be constituted by TNPCB to monitor and supervise the remediation works.
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5) CPCB may provide technical assistance and also verify the remediation works as and when required.
6) The Committee constituted by Hon'ble NGT in its Suo-Moto may be granted six months time to inspect individual units which comprises of 369 units and file their report.(Reference to para 12 of the order dated 28.9.2020) Pass any such and further order, as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
8. It is quite unfortunate that Central Pollution Control Board (CPCB) who has been made a member of the committee, of conducting the inspection regarding the present status on the basis news paper report, to submit the remedial measures and also the progress of the programme that has been earlier started for this purpose. If the Central Government scheme has been withdrawn then, what is the nature of steps taken by the State Government and the regulating authorises to remedy the situation. The directions mentioned in the status report will not be sufficient for the purpose of effective disposal of the case. It is for them to prepare an action plan on the basis of the findings including the health study with they are expected to conduct including the contamination of water, the source of contamination the remedial measures to be taken to resolve the issue permanently and also indicate the temporary measures which will have to be taken for the purpose of mitigating the 10 situation till permanent solution is implemented etc.
9. They are also expected to calculate the cost required for restoration and environmental compensation to be recovered from the persons who are responsible for causing such disaster.
10. The State Government is also expected to come with a proper action plan as it is not a simple issue which can be solved at the regulators level. A policy decision will have to be taken by the Government as to how such larger public interest disaster needs to be managed and to co-ordinate with concerned departments which are all required for the purpose of implementation of the policy, so as to achieve the goal which was intended by such scheme or policy that has been taken and also the implementation should be monitored by an Apex level responsible officer, so as to give necessary directions and guidelines as to how this will have to be implemented in its letter and its spirit, so as to protect the life of the people in that area especially when such serious things have been noticed by the Hon'ble Apex Court in Vellore Citizens' case (Welfare Forum Vs Union of India and others (1996) 5 SCC 647) as mentioned above.
11. When this was pointed out the counsel appearing for the Central Pollution Control Board (CPCB) submitted that they will 11 take into account the directions given by the Tribunal in its letter and its spirit and come with a proper and effective report so as to resolve the issue. They wanted six months time for filing the status report. But three months have already lapsed after appointing the committee, but not even an interim report has been filed for this purpose. So under such circumstances we feel that three more months' time can be given to the committee to proceed with the work and file a report. If they are not able to file the final report, at least, they have to file an interim report regarding the nature of work done by them and the nature of studies conducted by them etc.,
12. In the mean time, the respective State Government Departments are also directed to file their independent written response to the allegations made and the steps taken from their side for the purpose of mitigating the issue especially in view of the directions given by Hon'ble Apex Court in Vellore Citizens' case (Welfare Forum Vs Union of India and others (1996) 5 SCC
647) as mentioned above.
13. They are also expected to mention in their written response as to whether the steps taken by them are effective and whether any improvement has caused in controlling the pollution and 12 degradation caused on account of the pollution which was found in the above said case.
14. They are directed to submit the report as well as the written responses as directed on or before 19.04.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
15. The Registry is directed to communicate this order to the members of the committee and also to the official respondents including the Chief Secretary, State of Tamil Nadu for their information and compliance of the direction by e-mail immediately.
16. For appearance of parties and for filing of their responses and also for consideration of report, post on 19.04.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.186/2020 03rd February, 2021, Sr. 13