National Green Tribunal
M. Dhamotharan S/O Marappan vs The Secretary To Government, ... on 15 July, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 164 of 2017 (SZ)
IN THE MATTER OF
M. Dhamotharan
S/o Marappan
3/38, Gate Thottam, Mannarai,
Tiruppur - 641 607.
...Applicant(s)
Versus
1. The Secretary to Government
Environment and Forest Department,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai.
2. The Chief Engineer
Public Works Department
(Water Resources)
Government of Tamil Nadu,
Chepauk, Chennai - 600 005.
3. The Tamil Nadu Pollution Control Board
Rep. by its Member Secretary,
No. 76, Anna Salai, Guindy,
Chennai 600 032.
4. The District Collector
District Collectorate
Tiruppur District,
Tiruppur - 641 604.
5. The Secretary
Municipal Administration and Water Supply Department
Fort St. George, Chennai - 600 009.
6. The Commissioner
Tiruppur Municipal Corporation
Tiruppur.
...Respondent(s)
Page 1 of 53
For Applicant(s): Mr. S. Kamalesh Kannan
For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R4 & R5.
Mrs. Shanmugavalli for R3.
Mr. P. Srinivas through
Mr. N.K. Ponraj for R6.
Judgment Reserved on: 29th April 2022.
Judgment Pronounced on: 15th July 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
Whether the Judgement is allowed to be published on the Internet - Yes.
Whether the Judgement is to be published in the All India NGT Reporter - Yes.
JUDGMENT
Delivered by Justice K. Ramakrishnan, Judicial Member.
1. The grievance in this application is regarding damage caused to Nanjarayan lake in Tiruppur District on account of non maintenance of the same and also due to discharge of untreated effluents and sewage into the water body.
2. It is alleged in the application that the applicant is a resident of Mannari Village of Tiruppur District and an agriculturist by profession having an extent of 15 acres near Nanjarayan lake. The said Nanjarayan lake having an extent of 440 acre is a water body acting as reservoir and is located at the outskirts of Tiruppur Town near Koolipalayam, off the Uthukkuli Road. The lake is officially known as "Koolipalayam Reservoir"/"Sarkar Periyapalayam Reservoir". The lake caters to the needs of the people since long time and it was originally built by a king named "Nanjarayan" around 400 years ago. It caters to the need of flora and fauna, as well. Number of organizations have made attempt with the Government to get Page 2 of 53 the same declared as a birds sanctuary as it attracts at about 135 species of birds.
3. Further, the said reservoir has a combined catchment area of 11.779 sq.miles and total water spread area of 1.153 sq.km. The full capacity of the tank is about 52.27 m.cft and the same has been divided into two halves by an existing railway track in the middle. The Lake/Reservoir draws its source of water from Nallaru River through the Avinashi big tank and few other canals, but due to industrialization the source of water is now contaminated as the feeding river carries with its discharged effluents from the nearby dying units, CETPs and sewage from Tiruppur town area. The Nallaru river after feeding the Koolipalayam Reservoir flows to merge with Noyyal river, which is located at a distance of about 6 kms. The preset status of the reservoir is one of neglect and deprivation. The entire water body has become polluted due to inlet of polluted water and sewage and no steps taken to address the issue.
4. The CEPT and other effluent treatment plants of the nearby dying units are not properly functioning and that had affected the water quality causing threat to the existence of the migratory birds. No steps were taken for desilting and also stabilization of the bunds, repair of the sluice gates, improvement of water quality in the lake. No serious steps have been taken to restore the tank or maintain it. Several representations have been made to the authorities, in this regard. During 2017, they have obtained some permission for conducting desilting of the tank but since the connected water channels and rivers are polluted, the water quality in the lake has not been improved.
5. So, the applicant has no other option except to approach this Tribunal seeking the following interim as well as final reliefs:-
―Interim Reliefs:
It is respectfully prayed that this Hon'ble Tribunal may be pleased to issue an order restraining the authorities from carrying on desilting works at the Koolipalayam reservoir and direct the authorities to divert the inflow of the polluted water through the newly constructed canal, pending disposal of the present Application and thus render justice.‖ Page 3 of 53 Final Reliefs:
(i) Issue a direction to respondents 1-6 to complete the construction work and commence the operation of the Sewage Treatment Plant, located at the bed of the Koolipalayam Reservoir, within a stipulated time.
(ii) Issue an order restraining the desilting works at the Koolipalayam Reservoir till the STP is brought into operations.
(iii) Issue directions to the authorities to form boundary around the Reservoir, protect and maintain the same.
(iv) Pass such further or other orders as this Hon'ble Tribunal may deem fit and necessary in the interest of justice.‖
6. The 3rd respondent filed reply affidavit contending that the Nanjarayan Tank (Sarkar Periyapalayam Tank) is located at Sarkar Periyapalayam Village, Uthukkuli Taluk, Tiruppur District with a water spread area of 125.86 hec. (315.15 acre) and the depth of the tank is 11.43 meters with water holding capacity of 89.34 million cubic feet (mcft). The tank has an irrigation area of 107.72 acres. This tank is a rain flood tank. During rainy season, rain water flows into the tank through Nallar stream and during other seasons mostly untreated sewage flows into the tank. The 1st respondent Environment & Forest Department, Government of Tamil Nadu has sanctioned Rs. 4.0 Crore for restoration of Sarkar Periyapalayam tank under Environment Protection and Renewable Energy Development Fund vide G.O. (3D) No.80 E & F (EC 2) Department dated 10.09.2014. Subsequently, they had sanctioned Rs.2.41 Crore for bund forming and strengthening the bunds. The Public Works Department had taken up the work. The tank restoration activities were inaugurated by the then Hon'ble Minister for Environment, Government of Tamil Nadu on 08.03.2015 and the restoration work was completed by Public Works Department/ Water Resource Organization on 19.01.2016. The Public Works Department(PWD) and Water Resource Organization(WRO) had provided a baby canal for the conveyance of sewage/polluted water to the STP along the bunds of Nanjarayan Tank. The 2nd respondent had provided a sewage treatment plant of capacity of 1.5 MLD at Nanjarayan tank for treatment of sewage received through Nallar stream. The sewage treatment Plant provided at Nanjarayan tank is now under stabilization to improve the microbial population in the aeration tank. At the entry of the tank, an overflow weir was constructed to allow the overflow water during the rainy season into the Nanjarayan Tank. During the dry season, mostly domestic sewage is flowing to the Page 4 of 53 Nanjarayan tank. In order to avoid the flow of untreated sewage in the Nanjarayan tank a baby canal was constructed by the Public Works Department along the bund of the Nanjarayan tank to convey the sewage into the sewage treatment plant for treatment. At the entry of STP, the Public Works Department had provided two small diversion weirs in the baby canal. One diversion weir diverts the flow of sewage into STP Public one and other diversion weir allows the water to flow into the Nanjarayan tank without any treatment, if the quality of the water flowing in the canal is good. The polluted water after treatment in the STP is let into the Nanjarayan tank so as to maintain the quality of the water in the tank. Ozonator was also installed in the STP for disinfection of treated sewage. Once the sewage treatment plant provided is operated efficiently after the initial stabilization period, the quality of water in the Nanjarayan tank will further get improved. The desilting of the tank has carried out to increase the water storage capacity of the tank to store rain water during monsoon season. At present, the 2nd Respondent is operating the sewage treatment plant located at the banks of the Nanjarayan tank. With respect to the control of industrial pollution to the water bodies, M/s. Angeripalayam Common Effluent Treatment Plant Ltd., was constructed at a cost of Rs.60 Crores on the bank of Nallar Stream to treat the trade effluent generated from 55 member units [50 Dyeing + 5 Bleaching] with 10000 KLD capacity. The CETP had provided Zero Liquid Discharge treatment system. The effluent generated by member units is conveyed to CETP, through HDPE pipelines for treatment recovery and reuse by the member units. The sludge generated during the treatment of trade effluent is transported to cement industries for co-processing. The CETP has transported 3013 tonnes of sludge to M/s. Chettinadu Cements Ltd., Dindigul, M/s. Ultratech Cement, Ariyalur and to M/s. India Cements, Sankagiri. At present, the CETP and its member units are permitted to operate at 40% of the installed capacity. On an average the CETP spends Rs.149 lakhs per month for the treatment of trade effluent generated. M/s. Park Common Effluent Treatment Plant Pvt. Ltd. was constructed at a cost of Rs.22 Crores in the close vicinity of Nallar Stream to treat the trade effluent generated from four dyeing member units with 2500 KLD capacity. The CETP had provided zero Page 5 of 53 liquid discharge for treatment system. The effluent generated by member units is conveyed to the CETP through HDPE Pipelines for treatment, recovery and reuse by the member units. The sludge generated during the treatment of trade effluent is transported to cement industries for co- processing. The CETP has transported 125 tonnes of Sludge to M/s. TSDF Gummidipoondi, M/s. Chettinadu Cements, Dindigul. At present, CETP and its member units were permitted to operate at 90% of the installed capacity. On an average the CETP spends Rs.60 lakhs per month for treatment of trade effluent generated. Apart from these two common Effluent Treatment Plants and its member units no major waste water generating industries are located in the close vicinity of Nallar Stream. The CETPs and dyeing industries located in the close vicinity of Nallar Stream are closely monitored by Tamil Nadu Pollution Control Board. They are collecting the water samples from Nanjarayan tank on fortnight basis. The report analysis of the water samples collected from Nanjarayan Tank for the past one year showed the highest level of TDS as 1608 mg/litre evidenced by Annexure-II Analysis Report produced. The sewage generated from the habitation located in the close vicinity of Nallar Stream in a part of Tiruppur Municipal Corporation Limit is let out to the Nallar stream without any treatment, which ultimately reaches Nanjarayan tank. Only part of the sewage generated from Tiruppur Municipal Corporation limit is collected through underground drainage system (UGDS) and treated in a STP at Sarkar Periyapalayam Village and treated sewage is let into the river Noyyal. If, the Tiruppur Municipal Corporation provides (UGDS) Underground Sewage System for the remaining area of the corporation limit with a sewage treatment plant, the flow of untreated sewage into Nallar stream will be stopped and the water quality will get improved. They prayed for accepting their contentions and passing appropriate orders.
7. The 6th Respondent filed reply affidavit more or less reiterated the work undertaken by the Public Works Department and Water Resource Organization for protecting the Water Body and also as contended by the Tamil Nadu Pollution Control Board in their reply affidavit. They have also mentioned about the common effluent treatment plants provided to Page 6 of 53 treat the trade effluent generated by industries situated near the Nallar River as explained by the Pollution Control Board in their Reply statement. They have further contended that out of 60 wards situated within their Municipal Corporation, Underground Sewage System has been provided partially in 2wards 8, 9, 10(P), 23(P), 24(P), 25, 26(P), 27(P), 31, 32(P), 42, 43(P), 44(P), 45(P), 46(P), 47, 48, 49, 50(P) and 56(P) and the sewage generated from the above wards is collected and treated in a STP at Sarkar Periyapalayam village. Treated sewage is let into the Noyyal river. Meanwhile, a detailed project report has been prepared for implementation of Underground Sewage System for the left-out and uncovered area at an estimated cost of Rs.750 Crore. Finance was requested from the Government under Amrut Smart City and ADB fund. After getting financial assistance, the scheme will be implemented. The existing flow of untreated sewage into Nallar stream and into the Nanjarayan tank will be stopped and water quality will be improved after implementation of the same. They prayed for passing appropriate orders, accepting the contentions.
8. As per order dated 13.12.2019, this Tribunal had considered the pleadings and then appointed a Joint Committee consisting of (i) District Collector, Tiruppur, (ii) Senior Scientist/representative of Regional Office, Central Pollution Control Board, (iii) Tamil Nadu State Pollution Control Board,
(iv) Commissioner, Tiruppur Municipal Corporation, (v) Senior Engineer from Public Works Department and Water Resource Organization, (vi) one Scientist from NEERI and (vii) Indian Institute of Technology, Chennai to look into the issues arose on account of alleged problems that are being faced by Nanjarayan Lake and the present status and causes of pollution of the lake water and remedial measures required for resolving the same and restoring the contaminated quality of water body to its original position and whether any institutions or local authorities were responsible for polluting the water body and assess the environment compensation applying the "Polluter Pays" principle and the quantum of compensation to be recovered from them for restoration, conservation and preservation of water bodies which is the primary responsibilities of the State as well as the local bodies as has been repeatedly insisted by the Page 7 of 53 Apex Court to protect environment. The Committee was also directed to inspect the STP and CETP independently and report about its functioning and if any upgradation is required, to suggest the remedial measures to standardize the same to meet the norms of the water to be discharged into the lake, so as to make the lake pollution free. The committee was given the liberty to co-opt any other expert for the purpose of completing the process. The State Pollution Control Board was designated as nodal agency for coordination.
9. The Principal Secretaries for Water Resources Department, Urban Development and Public Works Department were directed to monitor the work undertaken by the respective department so that the Public Works Department and Water Resources Department and the Municipal Administration can also be supervised to render all assistance to the committee to prepare the short term and long term action plan with shorter time limit to make the lake free from pollution.
10. Thereafter the matter has been adjourned from time to time either at the request of the parties or the Committee Members.
11. The Tribunal had considered the Joint Committee Report dated Nil received on 20.10.2020 as per order dated 23.11.2020. The report in Para 3 gave brief description about Nallaru Odai and Nanjarayan Lake and it was mentioned therein that there are 36 drains joining along the right side of Nallaru Odai and another 36 drains joining along left side of the Odai and it was also mentioned that untreated sewage generated from Thirumurugan Poondi Town Panchayat and Tiruppur Corporation mixed into Nanjarayan Lake through Nalluru Odai. It was mentioned that the water in the tank was fully polluted and it could not be used for irrigation purposes and it was also mentioned that due to the pollution problem, the ground water in and around the locality of the tank was affected heavily, the flora and fauna in these areas were also severely affected. The migration of the birds to the tank area was also affected drastically. They also mentioned about the nature of work done in the previous years. They have also mentioned about the condition of the STP operated by the Page 8 of 53 public Works Department/Water Resources Organization wherein they have mentioned that after construction of STP followed by trial run, the STP was not operated till date due to non availability of fund for operation and maintenance. The concerned Department Public Works Department informed that they have submitted a proposal to the Government for allotment of Rs.32 lakhs per annum for operation and maintenance. They have given their observation on Nallar Nanjarayan Lake and ETP and CETPs in Para 4 of the report. Thereafter, they have given the monitoring results of the Water Sample from the Odai and other lakes and they gave their conclusion in Para 6 of the report, which has been extracted in Para 3 of the order dated 23.11.2020 which reads as follows:-
―6.0 Conclusion based on observations made during field visit and analysis of samples taken by the Committee
(i) Nallaru Odai: As per the field observation and primary data, more than 10 drains from Tiruppur Corporation Carrying domestic waste are joining the Nallaru Odai. As per the analysis results, during Committee visit, no industrial effluent was discharged. Nallaru Odai was carrying lean quantity of domestic effluent. The domestic solid waste lying on the banks as well as in the Odai confirms the poor maintenance of water body and throwing of garbage by public.
As per the geographical location Map no.4-7, two CEPTSs, namely M/s Angeripalayam CETP and M/s Park CETP, member units of these CETPs and their pumping mains (carrying the raw effluent from their members) are located along the Nallaru Odai. The pipeline carrying raw effluent to M/s Angeripalayam CETP is having many manholes. In case if effluent overflows from these manholes, it may reach Najarayan Lake through Nallaru Odai.
(ii) Najarayan Lake: The Lake was found with very less water. Physical appearance of Lake confirms the partial desilting and lack of maintenance. Presently, major water from Nallaru Odai being diverted through Baby Canal, only during monsoon, the overflow from the check dam may directly enter into Lake. During non-rainy period very lean quantity of water from Odai is entering into lake. As per the analysis reports of samples taken, the concentration of TDS, Chloride and Sulphate indicates the discharge of industrial effluent through Nallaru Odai to Najarayan Lake in the past. The presence of total Coliform and Fecal Coliform also confirms the discharge presence of Domestic sewage into Najarayan Lake. However the concentration of Boron (0.01- 0.81 mg/L), percent Sodium (55-61) and sodium Adsorption Ratio (SAR) (4-7) are found well within the time limit of irrigation water quality. No traces of Heavy metals found in the lake water.
The average concentration of (BOD 8.0 mg/l), DO (4.0 mg/L) and EC (3164 µs/cm) of the lake water indicates that not meeting of any class of designated best use of CPCB classification.
(iii) Sewage Treatment Plant: As per the information provided by the PWD Department, the STP was not operated after commissioning and trial operation. Physical appearance of STP confirms no sign of operation and kept idle for long time. All machinery and accessories of STP found in rust condition, civil structure was also found in poor condition. Inspite of construction of STP, the concerned Department has not utilised effectively to meet the objective of the project.
(iv) M/s Angeripalayam Common effluent treatment plant ltd. As per the analysis results, the quality of treated effluent sent to member units for use was found good.
Common Effluent sent to member units for reuse was found good.
Page 9 of 53 The efficiency of RO was found only 90.36% (as per result of analysis) frequent sampling and monitoring may be carried out by the Tamil Nadu Pollution Control Board for better study regarding the salt recovered by the CETP from the Evaporator and ATFD.
The water recovery through RO (permeate) and MEE (condensate) was found around 95% which confirms the CETP‖S claim of replacement of fresh water and recycling of treated water.
The salt lying in the existing solar evaporation pans (SEPs) shall be removed and stored under shed, SEPs shall be dismantled and no effluents shall be allowed into SEPs.
Over all housekeeping of CETP is required to be improved. Close monitoring of Nallaru Odai adjacent to the CETP is required in spite of having online monitoring of TDS.
(v) M/s park common effluent treatment plant Ltd. As per the analysis results, the quality of treated effluent sent to member units for use was found good.
The efficiency of RO was found only 65.12% (as per result of analysis) and operation of MEE (for concentrating Brine) was found not satisfactory. The water recovery through RO (permeate) and MEE (condensate) was found around 90-93% which confirms the CETPs claim of replacement of fresh water and recycling of treated water Overall housekeeping of CETP is required to be improved. Close monitoring of Nallaru Odai adjacent to the CEPT is required in spite of having on line monitoring of TDS.
Based on the above facts, it is concluded that
i) The presence of Domestic Sewage is predominant in both Nallaru Odai and Najarayan Lake. Discharge from illegal dyeing units/ incidental or accidental over flow from man holes of pumping mains of CETPs may flow through Nallaru Odai which may not be ruled out.
ii) During monsoon, joining of surface runoff (from old solar pans, sludge storage area and ETP area) from M/s Angeripalayam CETP into Nallaru Odai may not be ruled out.
iii) The accumulation of decomposed silt, water weeds and garbage in the Nallaru Odai confirms the poor maintenance and least importance given to water body.
iv) Encroachment along the Nallaru Odai results into change of physical appearance from natural stream to sewage drain.
v) The average concentration of BOD ( 8.0 mg/L), DO (4.0 mg/L0 and EC (3164 µs/cm) of lake water indicates the poor water quality and not meeting of any class of designated best use of CPCB classification.
vi) Due to restoration work carried out in the Najarayan Lake in the past and diversion of Nallaru Odai results to less odour nuisance and survival fishes/acquatic life.
vii) For assessing the quantum of compensation for restoration of Lake detailed assessment study of lake is required.
7.0 suggestion of Committee to protect the water quality of Najarayan Lake To protect water quality of Najarayan Lake it is suggested to take following measures.
a) Rejuvenation of Nallaru Odai To take steps to rejuvenate the Nallaru Odai by evacuating the encroachments as per the Re-survey records of Tamil Nadu Government. To take regular maintenance of Nallaru Odai by desilting and renovating the side walls of Odai.
To direct the Municipal authority to install, underground drainage system to collect domestic sewage of Tiruppur Municipality and to install STP to treat the same and not to allow any domestic sewage into Nallaru Odai. To direct municipal authority to take steps to divert the drains carrying domestic sewage to nearby STP and not to let out into Nallaru Odai or any other water bodies.
To ensure the proper collection of solid waste from residential and commercial area and not to allow any public to litter any solid wastes/ garbage into Nallaru Odai or any nearby water bodies Page 10 of 53
b) Operation of STP constructed by PWD to improve the water quality of Lake To direct the PWD to take immediate steps for revamping of STP without any further delay.
To operate STP continuously and efficiently to reduce the organic pollutants in the Nallaru Odai and to divert the treated water into Lake. To install adequate number of online monitoring system to monitor pH, EC,TDS,BOD and COD in different stretches of Nallaru Odai to identify the polluted stretches and to facilitate the identification of violating industries of particular stretch for penalizing.
c) Rejuvenation of Najarayan Lake:
To delineate the water tank area and to construct the proper bund with fence to protect water body from human inception and too serve the purpose of improving ground water in the surrounding area as well as to meet the irrigation water demand of the nearby villages.
To direct the PWD to take up detailed study to assess the quantity and quality of silt accumulated in the Najarayan Lake by engaging expert institute. Based on the outcome of the study desilting and rejuvenation of Lake may be taken up. To take steps to restore the water quality of water tanks by removing the unwanted substances from water tanks and to avoid mosquito breeding and odour nuisance. After rejuvenation of Lake, top take periodical maintenance of water tank by removing the silt and water weeds to increase water storage capacity of Lake since it is either rain fed or filled through feeder canal(Nallaru Odai) during rainy days
d) Monitoring of CEPTs and their member units:
To direct the TNPCB to monitor closely all member units of CEPTs with respect to water consumption, effluent generated and quantity of effluent sent to CEPT for cross verification of any bypass arrangements if any. On account of any single observation of illegal discharge/by pass arrangement, action against the industry shall be taken and environmental compensation may recovered as per CPCB guidelines.
To direct CETPs to check their pumping mains and manholes daily to avoid any accidental or incidental leakages / overflow of effluents from their manhole /pipelines which may be ultimately joins the Nallaru Odai To direct the TNPCB to monitor closely the CEPTs with respect to effluent received, water recovered through RO/MEE; reject management for cross verification of any bypass arrangements if any. On account of any single observation of illegal discharge/bypass arrangement, action against the industry shall be taken and environmental compensation may be recovered as per CPCB guidelines.
To direct all CEPTs to install online Monitoring system (pH, EC, TDS) to their storm water drains meant for carrying surface runoff during monsoon which ultimately joins the Nallaru Odai. The online monitoring system shall be connected to TNPCB, on account of any incidence of high TDS, action against the CETP shall be taken and environmental compensation may be recovered as per CPCB guidelines.‖
12. Thereafter, this Tribunal passed the following order:
―4. It is seen from the report that though ETPs & CETPs in the area are functioning but it is not to its optimal level. That shows that the effluents from the industrial estates are not being fully diverted to the ETPs and CETPs for the purpose of treatment. Further, it is seen from the report that there are certain gaps found regarding the salt actually recovered by the CETP and stock/disposal shown by them. The housekeeping of these treatment plants are also not in proper condition and that will have to be improved. Further, it will be seen from the report that Nallaru Odai and the Baby canal and also some portion of the Nanjarayan Lake showed untreated sewage being discharged and also the water contains some heavy metals which according to the committee was due to discharge of domestic and untreated sewage and also the possibility of industrial effluents being discharged into the baby canal and odai which ultimately reaches the lake.
5. It is also seen from the report that STP has been constructed by the Public Works Department (PWD) to improve the water quality of the lake. But, it was not made functional and due to the non functioning of the STP, machineries Page 11 of 53 are being rusted and requires large scale maintenance. Since the STP is not made functional, sewage collected from that area is being discharged into the odai without treatment which reaches the lake. Inspite of finding that there are violations, they have not taken any steps to assess environmental compensation and also for violation of the Solid Waste Management Rules, 2016 as has been directed by the Principal Bench of National Green Tribunal in O.A. No.606 of 2018 and other similar matters of this nature.
6.So under such circumstances, we feel that the committee can be directed to come with a further report rectifying the above aspects and also direct the concerned departments to whom directions have been given by the committee for improving the situation to come with an action plan for implementing those recommendations so as to make the Nanjarayan Lake free from pollution.
7. The committee is also directed to give further suggestions regarding the methods by which the quality of the water in the river can be improved further so as to make it potable.
8. The Revenue Department is also directed to submit a detailed report regarding the extent of the Nallaru Odai and the lake and if there is any encroachment to the same, what are all the steps taken by them to remove the encroachment so as to make the Nallaru Odai to carry the storm water in rainy season which act as a inlet of excess storm water into the lake. If there is no possibility of removing the encroachment for any reason, then what are all the alternative methods by which the sewage as well as the storm water can be diverted from the available Nallaru Odai after proper treatment into the lake.
9. The Public Works Department (PWD) is also directed to come with a proper action plan on the basis of the insufficiency of service pointed out on their part in protecting the water bodies as well as making the STP operational which has been constructed but left unattended thereafter. The committee as well as the concerned department mentioned in the report and also in the order are directed to submit a further report as well as action taken for implementation of the recommendations made by the committee to improve the conditions of the Nanjarayan Lake on or before 20.01.2020 by e-filing.
10. The Registry is directed to communicate this order to the members of the committee as well as to the official respondents so as to enable them to comply with the direction.
11. The Registry is also directed to communicate this order to the Chief Secretary, State of Tamil Nadu and the Principal Secretaries of Municipal Administration and Public Works Department (PWD) and Irrigation so as to enable them to provide necessary assistance for the purpose of implementing the recommendations of the committee by providing necessary logistic and fund for this purpose and also for making STP functional at the earliest.‖
13. The matter was considered by this Tribunal again on 16.02.2021 and on that day, this Tribunal considered the reply submitted by the Public Works Department and Water Resources Department signed on 15.02.2021 received on 16.02.2021 extracted in Para 4 of the order which reads as follows:
―Reply by Public Works Department/Water Resources Department Executive Engineer, Lower Bhavani Basin Division, Erode-2.
The above case posted for consideration of the report of the Joint Committee Constituted by this Tribunal with observation and recommendations pertaining to the above division is as follows:
Operation of STP constructed by PWD to improve the water quality of the lake.
To direct the PWD to take immediate steps for revamping of STP without any further delay.
To Operate STP continuously and efficiently to reduce the organic pollutants in the Nallaru Odai and to divert the treated water into lake.
Based on the recommendations of the Joint Committee, the Sewage Treatment Plant is situated in the Nanjarayan Lake due to the lack in provision of maintenance funds the sewage treatment plant could not be operated. Now a Page 12 of 53 requisition letter has been sent regarding handling over of STP to the Tiruppur Municipal Corporation, but the prevailing situation in the Tiruppur Municipal Corporation have again asked the Public Works Department to resent the same proposal along with the proper Government Order from the Municipal Administration Department. The process regarding the sanction of fund for maintaining the STP from the government is under progress. Hence to get the maintenance fund from the government to operate the STP two more month time is required.
Rejuvenation of Nanjaryan Lake:
To direct the PWD to take up detailed study to assess the quantity and quality of silt accumulated in the Nanjarayan Lake by engaging expert institute. Based on the outcome of the study desilting and rejuvenation of Lake may be taken up.
Based on the recommendations of the Joint Committee, regarding the silt accumulated in the Nanjarayan Lake a letter has been sent to National Environmental Engineering Research Institute, Chennai (NEERI) to assess the quality of the accumulated silt in the lake. NEERI team has planned to inspect the lake on 17.02.2021. Based on the outcome of the results from the NEERI Institute further necessary actions will be planed accordingly.
I submit that this representation can be considered and further time may be granted.‖
14. Thereafter, this Tribunal passed the following order:
―5. It is seen from the report that they have now entrusted the study regarding the rejuvenation of Nanjarayan Lake to the National Environmental Engineering Research Institute (NEERI), Chennai and the NEERI is expected to inspect the lake in question on 17.02.2021 and on the basis of the results, further action will be planned.
6. It may be mentioned here that they did not mention anything about the work to be done for maintaining the STP which is non functional since long time.
Even as per order dated 23.11.2020, this Tribunal had directed the Chief Secretary, State of Tamil Nadu and the Principal Secretaries of Municipal Administration and Public Works Department and Irrigation to look into the issue and provide necessary assistance for the purpose of implementing the recommendations of the committee by providing [6] necessary logistics and fund for this purpose and also for making the STP functional at the earliest.
7. Inspite of that, nothing has been mentioned regarding the action taken for making the STP functional, except stating that they require some fund and request has been sent to the Government and for which two more months time is required. The non-functioning of the STP itself is a black mark on the part of the concerned department as now untreated sewage is being discharged into the lake which causes pollution to the lake water.
8. Further, this Tribunal has directed the committee also to suggest the methods by which the quality of the water in the lake and storm water drain can be improved further so as to make it potable. The revenue department was also directed to file a detailed report regarding the extent of the Nallaru Odai and the lake and if there is any encroachment to the same, what are all the steps taken by them to remove the encroachment so as to make the Nallaru Odai to carry the storm water in rainy season which acts as a inlet of excess storm water into the lake. If there is no possibility of removing the encroachment for any reason (this may not be an excuse for not removing unauthorized encroachment), then what are all the alternative methods by which the sewage as well as the storm water can be diverted from the available Nallaru Odai after proper treatment into the lake.
9. Except the Public Works Department (PWD), others have not filed any report as directed.
10. So under such circumstances, we direct the committee, Tamil Nadu Pollution Control Board, local bodies and respective departments to come with a detailed action taken report on the basis of the directions given earlier by this Tribunal.
11.The Chief Secretary, State of Tamil Nadu as well as the Principal Secretaries of Municipal Administration and Public Works Department and Irrigation are also directed to look into the issue and then submit independent Page 13 of 53 reports as to what is the nature of steps taken from their side to implement the direction of this Tribunal so as to make the lake pollution and encroachment free.
12.The above mentioned authorities are directed to submit their respective reports to this Tribunal on or before 24.03.2021 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.
13.The Registry is directed to communicate this order to the members of the committee, official respondents and concerned department and also to the Chief Secretary as well as Principal Secretaries as mentioned above by email immediately so as to enable them to comply with the direction and also for filing respective reports as directed.‖
15. The matter was again taken up on 10.06.2021 and on that day, this Tribunal considered the Action Taken Report filed by the Joint Committee dated Nil, e-filed on 25.03.2021 and extracted in Para 4 of the order which reads as follows:-
"ACTION TAKEN REPORT OF JOINT COMMITTEE SUBMITTED BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAIIN THE MATTER OF ORIGINAL APPLICATION NO. 164 OF 2017 (SZ), M. DHAMOTHARAN Vs THE SECRETARY TO GOVERNMENT, ENVIRONMENT & FOREST DEPARTMENT, GOVERNMENT OF TAMILANDU, AS PER ORDER DATED 16thFEBRUARY, 2021 Status of Action taken to improve the water quality of Nallaru Odai and Nanjarayan Lake;
In Compliance to above mentioned order of NGT, the committee reviewed the following w.r.t suggestions of Committee to improve the Water Quality; Rejuvenation of Nallaru Odai : Action taken by Tiruppur City Municipal Corporation.
The Tiruppur City Municipal Corporation has been accorded with administrative approval for providing underground sewerage system to uncovered areas of Tiruppur city Municipal Corporation at a cost of Rs. 525.92 Cr. The project has been taken up under AMRUT 2017-20 programmes with financial assistance from Asian Development Bank. The project has been divided into 4 packages and agencies for execution of the works have been fixed. Necessary agreement has also been executed with the contractors. Out of 4 packages, package 1,2 and 3 relates to establishment of sewage collection system and package 4 covers Sewage Treatment Plants (STP) of capacity 20 MLD and 36 MLD. The Tiruppur Corporation authority has informed that the collection system works are already started and the works are expected to be completed by June 2023.The detailed Project report prepared by Tiruppur City Municipal Corporation on above mentioned activities is attached as (Annexure-2).
(b) Operation of STP Constructed by PWD to Improve the water Quality of Lake:
PWD has informed that they have sent a new proposal to the government for maintenance of the sewage treatment plant and requested time of two more months to get the maintenance fund from the government for operating the STP.
(c) Rejuvenation of Nanjarayan Lake : Action taken by The Public Works Department (PWD) The Public Works Department and Water Resources Department have already submitted a report signed on 15.02.2021 before Hon'ble NGT. Further the Public Works Department have collected samples from Nanjarayan lake in so-ordination with National Environmental Engineering Research Institute, Chennai and the results are awaited. It was informed by the PWD that based on the results further necessary actions will be planned accordingly.
(d) Monitoring of CETP and Their Member units: Action taken report of Tamil Nadu Pollution Control Board.
As per the suggestions of joint committee 2 CETPs namely M/s. Angeripalayam CETP LTD., and M/s. Park CETP PVT LTD taken following measures under the supervision of Tamil Nadu Pollution Control Board;
Page 14 of 53Measures taken by Angeripalayam CETP: As per the suggestions of the committee, CETP has taken the following actions to monitor the water quality in Nallaru Odai.
Installation of online TDS monitoring station: Angeripalayam CETP has installed online TDS monitoring station-3 Nos in the Nallaru Odai, one at the downstream of Park CETP member units and another at downstream of Angeripalayam CETP and its member units. Also one online TDS monitoring station installed in the storm water drain inside the premises of Angeripalyam CETP (Refer Photo Below) Installation of Surveillance CCTV camera. Angeripalayam CETP has installed 6nos of surveillance CCTV cameras to monitor the pipe line and manhole for leakages if any in six following locations:
S.No CCTV Location Number Installed Location of the CCTV 1 3-CCTV D/s of Sri Valli Process (East facing) 2 4-CCTV D/s of Sri Valli Process (West facing) 3 10-CCTV U/s of welcome Dyers (West facing) 4 11-CCTV U/s of Nagsai Colours (West facing) 5 12-CCTV U/s of Nagsai Colours (East facing) 6 13-CCTV Angeripalayam CETP Aeration Tank (West facing) Regular Daily monitoring of the Effluent Collection to Manhole and pipe line conveyance system: The Angeripalayam CETP has engaged 23 persons for monitoring the effluent manholes and pipeline conveyance system located in the Nallaru Odai round the clock. The system is being practiced on daily basis and records being maintained.
Further, the CETP is monitoring the member units effluent flow by comparing both the Electro Magnetic Flow Meter readings located in the individual member unit premises and in the CETP premises so as to avoid any difference and to ensure100% effluent pumped from member units reaches the CETP without leakages/overflow . Proper time schedule is being maintained by the CETP with a SCADA system for pumping of effluent from member units with allotted time to the pipeline conveyance system so as to avoid overflow in manholes.
Regular and Periodical maintenance for the cleaning and revamping works are carried out to avoid the leakages, blockages and overflow in the effluent collection and conveyance system. The effluent conveyance manholes are cleaned / Jet cleaned on weekly basis as per the requirement.
The following Improvement works are carried out inside the premises of Angeripalayam CETP.
o The CETP has provided online monitoring system (pH, EC, TDS) in the Storm Water drain located within the CETP premises.
o The CETP has removed the solar evaporation pans area of 1884 Sq.M as per the instructions of committee and the details of the same are as mentioned below:
a) The CETP has removed the salt from these solar evaporation pans which was noticed by the committee during earlier inspection and the same is stored safely under covered shed.
b) The CETP has converted the solar evaporation pans area I part of 466.sq.M as chemical sludge storage shed.
c) The CETP has converted the solar evaporation pans area II part of 466.sq.M as Bio sludge storage shed.
d) The CETP has converted the solar evaporation pans area III part of 466.sq.M as Multiple Effect Evaporator -III Clean In Place Drain tank
e) Balance 486 Sq.m area of solar evaporation pan is utilized as bio sludge drying yard with polycarbonate roofing (Construction under progress).
ii. Measures taken by Park CETP: As per the Suggestions of the joint committee, M/s Park CETP has taken the following actions to monitor the water quality in Nallaru Odai. There are 4 number of member units in park CETP. The CETP has only pressurized pipeline for conveyance effluent, hence there no manhole effluent conveyance system. Installation of online TDS: Park CETP has installed online TDS monitoring station in Nallaru Odai in the upstream of Park CETP member units. S.No. Reference Number Location of online TDS meter 1 1-TDS 1. TDS Meter (U/s of Karthikai Textile Mills) 2 2-TDS 2. TDS-Meter-D/s of park members (Poomparai Bridge) Page 15 of 53 Installation of CCTV camera: Seven Surveillance CCTV (Closed Circuit Tele Vision) cameras were provided to monitor the river for an unauthorized / illegal discharge if any. The Surveillance CCTV Camera were installed following locations to focus Nallaru Odai, o Upstream of Member unit of Park CETP -Karthikai Textile Mills -1 No. o In front of Entrance gate of Karthikai Textile Mills -1 o No. Angeripalayam Road Bridge in the eastern side -1 No. SVP Knit Processors Southern side compound wall -1 No. o SVP Knit Processors compound wall (Near Diesel Generator room)-2 Nos.(one facing East and the other facing West o End of SVP knit Processors Compound wall -- 1 No. In the downstream of Park CETP an online TDS meter was already provided by Angeripalayam CETP. This is common for both CETPs. This point is downstream and boundary of Park CETP and its member units.
Park CETP management had made arrangement for monitoring the effluent pipeline conveyance system located in the Nallaru Odai round the clock. The system is being practiced on daily basis and records being maintained. Further, the CETP is monitoring the member units effluent flow by comparing both the Electro Magnetic Flow Meter readings located in the individual member unit premises and in the CETP premises so as to avoid any difference and to ensure 100% effluent pumped from member units reaches the CETP without leakages/overflow . Proper time schedule is being maintained by the CETP for pumping of effluent from each of their member units with allotted time to the pipeline conveyance system. Regular and Periodical maintenance for the cleaning and revamping works are carried out to avoid the leakages and blockages in the effluent conveyance system.
S.No CCTV Installed Location of the CCTV
Location
Number
1 1-CCTV U/s of Karthikai Textile Mills (East facing)
2 2-CCTV D/s of Karthikai Textile Mills (East facing)
3 3-CCTV U/s of Sri Valli Process (East facing)
4 4-CCTV D/s of Sri Valli Process (West facing)
5 5-CCTV D/s of Angeripalayam Bridge (East facing)
6 6-CCTV U/s of SVP Knit Process (South facing)
7 7-CCTV D/s of SVP Knit Process (East facing)
8 8-CCTV D/s of SVP Knit Process (West facing)
9 9-CCTV D/s of SVP Knit Process boiler shed (East facing)
10 10-CCTV U/s of welcome Dyers (West facing)
11 11-CCTV U/s of Nagsai Colours (West facing)
12 12-CCTV U/s of Nagsai Colours (East facing)
13 13-CCTV Angeripalayam CETP Aeration Tank (West facing)
Recent Paper articles on improvement of water quality of Nanjarayan Lake:
The actions being taken from the concerned departments for the continuous improvement of the lake. Recent articles in the Dinamalar news paper dailies is indicating the quality of water in the Nanjarayan Lake is getting improved day by day. It was known from the newspaper dailies that the exotic birds from other countries are coming to Nanjarayan Lake for their reproduction. The public has also requested for upgrading the lake as bird sanctuary as the detail of birds visiting the lake has already been documented. (Photos attached). In one of the article it was learnt that rare bird Gadwall (Karuval vathu) has visited the Nanjarayan Lake recently (Photos attached).
From other article, it was known that 150 rare bird species from other countries are visiting the lake regularly for their reproduction (Photos a2ached) which indicates the improvement of water quality due to stoppage of entry of industrial effluent into Nallaru Odai.
3. Conclusion of committee :
a. The Tiruppur Municipal Corporation has taken up project to install Under Ground Drainage system to uncovered area and to install STPs. b. The STP constructed by PWD near to Nanjarayan Lake is found non functional and also found no progress made to operate.
G. PWD has taken steps for assessment of quantity and quality accumulated silt of lake with National Environmental Engineering Research Institute, however no steps have been taken to delineate the water tank area, construction of bund, fencing to protect the water body from human inception etc., Page 16 of 53 d. Two CETPS are taken measures as per the suggestion of the committee, however close monitoring is required to ensure illegal discharge of any effluent from conveyance line and from the premises of these two CETPs.‖
16. Thereafter, this Tribunal passed the following order:
―6. It is also seen from the annexure addressing letter to the Chief Engineer, WRD, Coimbatore Region seeking for certain financial assistance and sanction vide their letter dated 16.03.2021.
7. It is also seen from the report that there are certain improvement made but the present status of the lake, water quality of the lake is yet to be ascertained on the basis of the further study to be conducted. The progress of the work is not moving as expected, even regarding the encroachment to be removed from Nallaru Odai and also regarding the implementation of underground sewage system by Tiruppur Corporation and restoring the disfunctional STP operated by PWD near the lake are yet to be accomplished. As regards the underground sewage system is concerned, it was mentioned that it will be fully operational by June, 2023. There is nothing mentioned in the report as to what are the short term measures that have been adopted by the Tiruppur Corporation to remedy the situation of preventing the untreated sewage reaching the lake. PWD also did not come with any clear action taken plan as to how they are going to maintain this lake by proper maintenance and de-silting the same, which work has not been done for a quite long time. Unless such steps are quickened, it cannot be said that the efforts taken by the Tribunal to stimulate and motivate the local bodies who are sleeping over their rights and duties could not be accomplished as expected. Even, if the application is closed by giving direction to complete the same within a time frame, this Tribunal opines that unless some more monitoring is done for some more time to put this in action, they will not rise to the occasion and complete the same within the time fixed by this Tribunal. This Tribunal cannot wait for these things to be completed for a longer period as projected by the Corporation, namely, June, 2023. Pollution Control Board also did not file any report regarding the quality of the water in the lake after certain improvements have been made on the basis of the recommendations made by the Committee which was discussed by this Tribunal in earlier orders.
8. Unless steps are taken at the higher level, namely, Secretary level to see that such projects are implemented within a short time, by providing technical and financial assistance on priority basis the ecosystem restoration as expected could not be achieved.
9. So considering the circumstances, we direct the Committee, Pollution Control Board, Public Works Department and Tiruppur Corporation to come with proper action taken plan with shorter time line to remedy the situation permanently and also provide effective short-term measures to achieve the purpose till the expected projects are put to operations.
10.The District Collector, Tiruppur is also directed to coordinate with the stakeholders and come with proper action plan as to how the water bodies within their jurisdiction including this can be rejuvenated and restore the ecosystem as before and make the water body free from pollution and encroachments.
11.The Chief Secretary in coordination with the Principal Secretaries of Environment, Industries, Public Works Department, Irrigation, Municipal Administration, Water Supply to come with a proper action plan and monitoring system to implement the schemes said to be evolved by the officials mentioned above in an effective manner with a shorter time lines before the next hearing date.
12. The respective officials are directed to submit the reports as directed by this Tribunal on or before 24.08.2021 by e-filling 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.
13.The Registry is directed to communicate this order to the members of the Committee, official respondents mentioned above and also to the Chief Secretary and Principal Secretaries of Environment, Industries, Public Works Department, Irrigation, Municipal Administration, Water Supply for their information and compliance of the directions.‖ Page 17 of 53
17. The matter was again taken up on 28.09.2021 and on that day, this Tribunal considered the report submitted by THE Water Resources Department dated 23.09.2021 e-filed on 27.09.2021 extracted in Para 3 of the orders which reads as follows:-
―Report by Water Resources Department 3 a) Rejuvenation of Nallaru Odai • To take steps to rejuvenate the Nallaru Odai by evacuating the encroachments as per Re-survey of Tamil Nadu Government The number of encroachments were identified and listed. Serving notices to the listed encroachers was completed. Meantime the encroachers requested for alternate dwellings, subsequently the representation was considered and the encroachment list was forwarded to the Tamil Nādu Slum Clearance Board in Tiruppur vide Executive Engineer Bhavani Sagar Dam Division letter dated 01.07.2019 for allotment of alternate tenements in their ongoing projects. This is under scrutiny in Tamil Nadu Slum Clearance Board. On completion of allotment for alternate dwellings the encroachments will be evicted and cleared.
• To take Regular maintenance of Nallaru Odai by Desilting and renovating the side walls of Odai Desilting, Clearing the jungle and construction of retaining wall in Nallar Odai within urban limits of Avinashi Town in Tiruppur District as a first phase is under progress. The work was accorded administrative sanction vide G.O.(4D) No.61 Public work (Q1) Department/ Dated 23.07.2020. The work is nearing completion. In continuation, to rejuvenate Nallar Odai from outskirts of Avinashi Town to Tiruppur an estimate is prepared at a project cost of Rs.23.75 crores. The project proposal is being examined in water resources department, followed by which it will be sent to Government for administrative sanction. After obtaining administrative sanction necessary action will be taken up to complete the work.‖
18. Thereafter, this Tribunal passed the following order:-
―4. It is seen from the report that certain encroachment are noticed which was enumerated in the annexure attached to this report and they are taking steps to remove the encroachment by relocating the encroachers in consultation with the Tamil Nadu Slum Clearance Board, Tiruppur.
5. It is also mentioned in the report regarding the regular maintenance of Nallaru Odai by de-silting and renovating the side walls of Odai, administrative sanction has been accorded vide Government Order dated 23.07.2020 and the work is nearing completion. In continuation to the rejuvenation of Nallaru Oadi from outskirts of Avinashi Town to Tiruppur, an estimate is prepared at a project cost of Rs.23.75 Crores and it is being examined in Water Resource Department, followed by which it will be sent to the Government for administrative sanction. After obtaining administrative sanction, necessary action will be taken up to complete the work. It is not mentioned as to how much time it will take to complete the process and rejuvenate the water body. Removal of encroachment and regular maintenance of the water body are two components, which are required for the purpose of protecting water body. The State Government is expected to expedite these issues by giving priority, so that environmental issues can be easily sorted out, if there is a will power on the part of the higher officials in taking up the proposal at the earliest point time and accord necessary approval and provide fund and other support.
6. So, we direct the Additional Chief Secretary for Municipal Administration and Water Supply, Principal Secretaries for Environment, Revenue, Public Works Department and Water Resource Organization and Finance to look into the issue and submit a report as to what is the nature of action taken at the higher level to resolve the issue, as the matter is pending from 2017 onwards and the report of the Tamil Nadu Pollution Control Board shows that the water quality in the water body and Odai are contaminated due to mixing of sewage water and the Sewage Treatment Plant established by the Public Works Department is not in a working condition as well and requires upgradation and maintenance since long time.Page 18 of 53
7. The Tiruppur Corporation is also directed to file a further action taken report regarding the steps taken from their side to mitigate the issue.
8. The Tamil Nadu Pollution Control Board is also directed to take steps to appoint another counsel for them in this case, since the standing counsel has got inconvenience to appear which he has already informed to the Board.
9. The Tiruppur Corporation as well as the Public Works Department and the above officials at the Secretary level are directed to file their respective further action taken report to this Tribunal on or before 29.10.2021 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.
10.The Registry is directed to communicate this order to the official respondents, including the Chief Secretary, State of Tamil Nadu, Additional Chief Secretary for Municipal Administration and Water Supply, Principal Secretaries for Environment & Revenue, Additional Chief Secretary, Public Works Department (Water Resource Organization) and Additional Chief Secretary, Finance by e-mail immediately for their information and filing their action taken report as directed, after co-ordinating with the subordinate officials to resolve the issue permanently within certain time line, so that the Tribunal can consider the action plan and dispose of the case by giving directions.‖
19. Thereafter, the matter has been adjourned from time to time, either by notification or at the request of the official respondents. The matter was again taken up on 23.11.2021 and on that day, this Tribunal considered the report submitted by the Commissioner, Tiruppur Municipal Corporation dated 19.11.2021 e-filed on 22.11.2021 extracted in Para 3 of the order which reads as follows.
―REPORT FILED BY RESPONDENT No. 6PROPOSAL TO STOP FLOW OF SEWAGE INTO NANJARAYAN LAKE AT SARKARPERIYAPALAYAM Tirupur (also spelled as Tiruppur) was recognized as a Grade III Municipality by the Government of TamilNadu in the year 1917. The Municipality was subsequently classified as a Selection Grade Municipality in 1972 and subsequently was constituted as a Special Grade Municipality in 1983. Tiruppur Municipality has been upgraded into Tiruppur City Municipal Corporation with effect from 01.01.2008. Tirupur City Municipal Corporation was formed by annexing adjoining other local bodies such as Nallur and Velampalayam (Municipalities), Andipalayam, Chettipalayam, Mannarai, Murugampalayam, Muthanampalayam, Nerupherichal, Thottipalayam, Veerapandi, (Village Panchayats). The total area of the Corporation is 159.35 Sq.km. The extended Corporation area is effective from October 2011, after the local body elections. The population as per 2011 census is 877778 and is divided into 60 administrative wards.
The whole Municipal Corporation has been divided into 17 sewerage zones for providing under ground sewerage system. Of which zone 1 to 4 was already covered under the sewage project executed by New Tirupur Area Development Corporation Limited (NTADCL) during the year 2005. These zones covers about 60% of the erstwhile municipal area. The collected sewage is being treated in a 15 MLD STP, expandable to 30 MLD established at Sarkarperiyapalayam. Govt of TamilNadu has approved to implement an underground sewerage scheme to added areas of Tirupur Corporation vide G.O MS.No. 50 MA&WS (MA2) Dept dated 21.05.2018 at a cost of Rs. 636.40 Cr. Currently sewage from part of the wards 4,5,6,19,20,29 and 30 which comes under sewerage zone 5,6 and 7 discharges into Nallar river at 5 locations. These zones are covered under the scope of the package 1 of the ongoing project for which work order has been issued on 10.07.2020. These are the added areas of Tirupur City Municipal Corporation, i.e. part of Velampalayam Municipality, Chettipalayam, Thottipalayam, Nerupperichal and Mannarai Village panchayats.
The population which contributes sewage through the above said 5 locations is about 1.50 Lakhs. The identified locations are Poomparai, PN Page 19 of 53 road, J V Tapes,Kanjampalayam, and Nallathupalayam. Out of this the habitations are located on both the sides of the river course.Adopting a per- capita water supply of 118 LPD the expected sewage through these 5 locations is about 14.16 mld. Considering the present duration of supply ie once in 5 days the expected sewage discharge works out to 2.92 mld say 3.0 mld. 5. Currently under ground sewerage system covering the above said areas are under progress. The expected time for completion of the project is year 2023. Meantime as per the directions of the NGT the possible options available to stop the discharge of sewage into Nallar river and to treat the sewage before letting into the Nallar river are as follows: The following options are proposed subject to the condition that there should not be any mixing of industrial effluent with the domestic sewage.
Option 1:
The length of the river stretch over which the zone 5,6 and part of 7 are covered is about 9 km.It is proposed to collect the sewage in a ground level sump of capacity 25000 lit and then pumped to the existing STP at Sarkarperiyapalayam located at about 10 km through 200 mm dia GRP pumping main.
The cost of the proposal works out as follows:
The time required to complete the project is not less than 2 years. Monthly treatment charges @ Rs. 21.68 per KL would be Rs. 19.51 lakhs per month apart from the EB charges + salary of O&M staff.
Option 2 :
The discharge from the 5 locations can be made to pass through a slow sand filter before discharge into the Nallar river since most of the flow is sullage water and most of the houses are provided with septic tanks. Hence the sullage water can be treated in a filter media. This arrangement is suitable only if the discharge contains only domestic sullage water. We have to ensure that no dyeing or industrial effluents are discharged through these channels. This has to be ensured by TNPCB.The size of the Chamber required to house the filter media is 3 m x 6 m with baffle wall arrangement. Depth of chamber varies according to the location. Screens to be installed at the intercepting point.
Daily maintenance has to be done to keep the system functional.The average monthly maintenance cost would be Rs.10 Lakhs. It will require minimum one year time to complete the works as detailed below.Page 20 of 53
Option 3:
Under this option the sewage is allowed to flow in the river upto the entry point to the Nanjarayan Lake and then diverted to existing 1.5 mld STP constructed and maintained by PWD which is currently non-functional. The system is a conventional system with special blocks and power for performing aeration. Ozone is used as disinfectant. About 8 nos. of 1.5 HP aerators are used in the system.
The civil structures of the STP are in good condition. But all the electro mechanical items need to be replaced with a new one. The approximate cost that would be required to replace the electro mechanical items are about 2.0 Cr. These items are custom made and requires time to procure the same. The original manufacturers need to be identified through PWD. There will be a recurring cost for the O&M of the plant. The approximate cost would be about Rs. 50 lakhs per annum.
In order to bring the system into operable condition it may require a year time. The infrastructures proposed under Option 1 and 2 would become Redundant after completion of the ongoing UGSS works.
CONCLUSION:
The STP site and the connected canal alignment has been visited on 02.08.2021.The velocity of flow in the canal leading to the STP has been verified and found to be 0.45 m/sec at a place where the actual depth of flow is 0.61m and the canal width is 0.52m. The estimated flow in the canal is found to be 12.33 mld. The flow is found to be uniform throughout the day. Again the depth of flow in a 800 mm diaexisting RCC culvert in the alignment of the canal has been measured and found to be 0.35 m. The flow works out to 8.54 mld. This flow is not matching with the estimated domestic sewage discharge (3 mld) and also not matching with the capacity of the existing STP(1.5 mld). Hence it is evident that the major contributor for the flow in the river is industrial effluent.
Samples of sewage has been collected on 02.08.2021 at various locations such as Nallathupalayam Bridge, Vengamedu Bridge westside, Kanjampalayam west side, Pichampalayam burial ground (Bridge eastside), J V Tapes (Bridge East & West side) , Athupalayam bridge (East and West Side) and Kanjampalayam bridge (East side) , PN Road Bridge ( Eat & West Side),along the Nallaru river and tested in the lab AWE CARE Private Limited, Erode. The tested results indicates that the BOD in the sewage sample ranges from 36 to 98 mg/lit. NTADCL is collecting the domestic sewage samples and testing the samples regularly and maintaining a record. The range of values is 180 to 200 mg/lit. Hence the parameters reported by the lab is not matching with the actual sewage parameters met with in the field. Hence it goes without saying that the flow in the Nallaru river is predominantly other than domestic sewage. The existing plant is not suitable to treat flow containing sewage and industrial effluent. The technology adopted for the existing plant is not suitable to treat this mixed flow. A CETP is required to treat this mixed flow. Summary of Options discussed above: Est Date of completion Page 21 of 53
1). All the above options require at least 1 Year to Complete and start operations. i.e. treatment can begin only after August 2022.
2). UGSS Scheme currently under implementation by Tiruppur City Municipal Corporation. Which was earlier scheduled for completion in June 2023 is now being implemented in mission mode. Tiruppur City Municipal Corporation is expecting his to be functional by December 2022.
3). Once UGSS project is completed the above discussed options for treatment of sewage will be redundant as the project covers in totality the area from where sewage is being discharged into Nallaru / Nanjarayan Lake. 4). Tiruppur City Municipal Corporation is in dire financial stress owing to poor tax collection and additional expenditure resulting from Covid 19 pandemic. It is currently not feasible to undertake any of the proposed works from its general funds. It will require special grant from government to undertake any project proposed in short term solutions.
5).As per our calculation only 3 MLD out of 12.33 MLD inflows into the lake is domestic sewage. Rest is expected to be mixed waste including industrial discharge. Options proposed by Tiruppur City Municipal Corporation will not be suitable unless this discharge is treated through CETP beforehand.
6) Necessary works by the TNPCB to intervene in the discharge of industrial effluents have to be taken up by the TNPCB with the participation from the concerned industries so as to ensure that the same does not reach the environment.‖ Page 22 of 53
20. The Tribunal also considered the further action taken report filed by the Water Resources Department dated 22.11.2021 e-filed on 23.11.2021 in Para 6 of the order and thereafter, passed the following order:-
―7. It is seen from the report that they have undertaken certain measures and as per the earlier schedule, they expected to complete the work by June 2023. But they have now reworked the implementation schedule and due to that, they are expected to complete the work by December - 2022. Till then what are the temporary measures to be taken by them to avoid discharge of untreated sewage into the water body has not been mentioned in the report. If the Under Ground Sewage System (UGSS) is provided for uncovered areas, problem of discharge of untreated sewage into the river or odai will be prevented. They have not mentioned as to whether the present Sewage Treatment Plant (STP) which is catering to the existing Under Ground Sewage System (UGSS)will be able to take the load from the sewage generated from this area also.
8. When this was pointed out, the learned counsel wanted to ascertain the capacity of the existing Sewage Treatment Plant (STP), if this area is also linked to the same, for which, he want some time and also the temporary measure which they propose to implement till the permanent measure is completed.
9. The Sewage Treatment Plants (STPs) are intended for the purpose of treating the sewage, not to treat the effluents that are being mixed with effluents from the industrial area and it is for the Pollution Control Board to look into the issue and take appropriate action against those industries who are discharging their effluents without treating thesame.
10. Further, industries are also expected to convert the effluent treatment system to one of ZLD and they are not expected to discharge the same outside the units. Unless, the Pollution Control Board takes stringent action against those industries, problems could not be solved.
11. So under such circumstances, we feel that it is necessary to direct the Tamil Nadu Pollution Control Board to ascertain as to whether there is any possibility of untreated industrial effluent being mixed either in the storm water drain or sewage drain, which ultimately reaches the water body and if any of the industries are violating the conditions imposed, what is the nature of action to be taken by them and they are directed to submit the report in this regard before the next hearing date.
12. In the meantime, Tiruppur Municipal Corporation is also directed to submit details of temporary measures proposed by which they are going to collect and treat the sewage from the area which is not connected to the Under Ground Sewage System (UGSS) so as to avoid the discharge of untreated sewage into the water body, till the Under Ground Sewage System (UGSS) is completed in that area.
13. The Tiruppur Municipal Corporation is also expected to use their powers vested under Municipal Laws to take action against those industries who have not complied with the pollution norms and discharging the untreated effluents into the storm water drain and other drains, which ultimately reaches the water bodies.
14. The above said officials are directed to file their respective reports to this Tribunal on or before 20.12.2021 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.
15. The Registry is directed to communicate this order to the Tamil Nadu Pollution Control Board, Tiruppur Municipal Corporation, Water Resources Department including the Additional Chief Secretary for Municipal Administration and Water Supply, Principal Secretaries for Environment and Revenue, Additional Chief Secretary for Public Works Department and Water Resources Department by e-mail immediately for their information and compliance of the direction.‖ Page 23 of 53
21. Thereafter, the matter has been adjourned from time to time either by notification or at the request of the official respondents for filing their respective reports. The matter was taken up on 06.04.2022 and this Tribunal considered the report submitted by Additional Chief Secretary to Government, Water Resources Department dated 21.12.2021 e-filed on 23.12.2021 extracted in Para 3 of the order which reads as follows:
―ACTION TAKEN REPORT FILED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT Based on the orders of this Honourable Tribunal, Dated 28.09.2021, 29.10.2021 and 23.11.2021 the following Action taken report is submitted.
It is respectfully submitted that this Honourable Tribunal is seized of the issue relating to removal of encroachment from Nallaru odai and to make the lake free from any polluted water.
Series of directions were issued for restoring the dysfunctional Sewage Treatment Plant (STP) by the Water Resources Department.
It is respectfully submitted that the Sarkar Periyapalayam Tank (Nanjarayan Lake) is located in Sarkar Periyapalayam Village in Uthukuli Taluk, Tiruppur District. The 'Nallaru odai is feeding the Sarkarperiyapalayam Tank. This tank is under the maintenance of Water Resources Department. It is, with regret submitted that dyeing factories in the upstream side of the tank discharge their untreated effluents into the Nallaru odai, which flows into the tank. Further, the Sewage Water of the Tiruppur Corporation also mixes with the tank through this Nallaru odai and as a result, it creates water pollution and other health hazards to the public living in the locality.
It is respectfully submitted that the TDS value of the impounded tank water was high in the range of about 2500 to 3200, which makes the water unsuitable for agriculture. The Ayacutdars belonging to the tank are badly affected due to this problem. As a measure of solving this perennial issue, the Government had sanctioned Rs.4.00 crore from the ―Environment Protection and Renewable Energy Fund" during the year 2014-2015 vide G.O. NO. 80, Environment and Forest (EC2) Department dated 10.09.2014. Based on the Government order, during March 2015, to restore the tank in good condition, work relating to installation of a sewage treatment plant of 1.5 MLD capacity, desilting the salt laden soil from the tank bed, diversion channel to divert the polluted water from the diversion weir to the treatment plant, reconstruction of sluices etc., were undertaken. It is respectfully submitted that the sewage treatment plant in Sarkar periyapalayam Tank is designed in such a way that the waste water from the Nallaru odai is diverted through a baby canal and then enters into the STP, having a capacity of 1.5 MLD for treatment. The treated water from the sewage treatment plant is to be diverted to the Sarkar Periyapalayam tank. The excess waste water, if any, is diverted through the baby canal located along the periphery tank and let into the downstream side without entering the Sarkar Periyapalayam tank. It is respectfully submitted that the proposal to handover the treatment plant to the Tiruppur City Municipal Corporation is under the consideration of the Government, in Municipal Administration and Water Supply Department. It is humbly submitted that this Honourable Tribunal, in the order dated 10.06.2021, directed the Water Resources Department to take up steps for revamping the Sewage Treatment Plant (STP) without any further delay and to operate the Sewage Treatment Plant (STP) so as to reduce the organic pollutants in the Nallaru odai and to divert the treated water into the lake. It is humbly submitted that the inflow of 1.5 MLD into the Sewage Treatment Plant (STP) is found to be predominantly industrial (dyeing) effluent rather than domestic sewage. Since the plant is designed for treating only domestic sewage, it is incapable of treating the industrial effluent. Therefore, even if the plant is operational, the Water Resources Department cannot take over the plant for maintenance. It is felt that the plant needs upgraded to treat both industrial effluence and domestic sewage. In this context, a meeting was convened by the District Collector, Tiruppur on 26.07.2021 and instructions were issued to the Tiruppur City Municipal Corporation to take over the Sewage Treatment Plant (STP) from the Water Page 24 of 53 Resources Department. Based on such instructions, a combined inspection was made by the Commissioner, Tiruppur City Municipal Corporation along with the officials of Water Resources Department and the Sewage Treatment Plant (STP) consultants on 30.07.2021. A meeting was also conducted to specifically explore the possibility of re-designing the Sewage Treatment Plant (STP) for its current inflow in the baby canal. It was ascertained that due to urbanization of outskirts in and around Tiruppur City Municipal Corporation, the prevailing inflow in the baby canal gets increased as such, 10 MLD capacity of Sewage Treatment Plant (STP) is required. Therefore, it was insisted that the existing Sewage Treatment Plant (STP) should be upgraded to 10 MLD capacity from 1.5 MLD for accommodating the current inflow from Nallaru odai. Accordingly, an estimate was prepared by the Sewage Treatment Plant (STP) Consultant on 31.08.2021, and the Executive Engineer, Water Resources Department, Lower Bhavani Basin Division, Erode has sent the proposal to the Commissioner, Tiruppur City Municipal Corporation for upgrading the Sewage Treatment Plant (STP) which works out to Rs.4.20 crore. The Commissioner, Tiruppur City Municipal Corporation has addressed the Executive Engineer, Water Resources Department to re submit the proposal as it has some discrepancies.
Further, it is respectfully submitted that periodical meetings are being conducted among officials of the Water Resources Department, Pollution Control Board, Municipal Administration and Water Supply Department and Sewage Treatment Plant (STP) consultants in coordination with the District Collector on this subject. The Pollution Control Board officials are also monitoring various dying units located in the District in order to strictly comply with the pollution control norms. It is respectfully submitted that preventing the untreated effluent from mixing in the lake are the main focus entrusted with the Pollution Control Board of the District. As per the report of the Member Secretary, Tamil Nadu Pollution Control Board, it is submitted that none of the Dyeing or Bleaching unit located on the upstream side of the Nanjarayan lake is directly discharging treated or untreated effluent into the Nallar odai. However, during the inspection of the committee constituted in the O/o. District Environmental Engineer, Tiruppur North for filing report to the Hon'ble National Green Tribunal, it is observed that some of the washing and small printing units located on the upstream side of the Nanjarayan lake are not operating the Effluent Treatment Plant property and discharging effluent in to the small drains leading to Nallar odai.
Action is being taken to close 11 such units through District Coordination Committed by District Environmental Engineer, Tiruppur North. It is respectively submitted that the Pollution Control Board has also been advised to adhere to polluter pay principle/norms as enunciated by the Honourable Supreme Court in various cases relating to environmental pollution. Unless the dying units are prevented or prohibited from letting out the untreated effluents into the lake, the issue relating to cleansing the lake cannot be sorted out. The Government, in its various efforts and interventions, are resorting to zero-tolerance in this matter. The various orders issued by this Honourable Tribunal are periodically implemented. There were several meetings and/or review meetings periodically conducted and all the concerned wings of the Government are taking out all efforts to ensure that the Sewage Treatment Plant (STP) is made functional soon. Once the Sewage Treatment Plant (STP) is operational, the issue will no longer survive for consideration of this Honourable Tribunal. At the same time, the issue involved in this case requires a longer period and it is assured that all the related departments of the Government are wholly and fully involved in ensuring compliance of the various orders passed by this Honourable Tribunal.
It is therefore humbly prayed that this Honourable National Green Tribunal may be pleased to accept this report and to grant adequate time for reporting the operationalization of the Sewage Treatment Plant (STP) before this Honourable National Green Tribunal and pass further suitable orders and thus render justice.‖
22. This Tribunal also considered the action taken report submitted by the Tamil Nadu Pollution Control Board signed of the Officer on 17.12.2021 e- filed on 24.12.2021 and extracted in Para 4 of the order which reads as follows:-
Page 25 of 53ACTION TAKEN REPORT OF TAMILNADU POLLUTION CONTROL BOARD SUBMITTED BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE), CHENNAI IN THE MATTER OF ORIGINAL APPLICATION No. 164 OF 2017 (SZ), THIRU. M. DHAMOTHARAN Vs THE SECRETARY TO GOVERNMENT, ENVIRONMENT & FOREST DEPARTMENT, GOVERNMENT OF TAMILANDU, AS PER ORDER DATED 23rd NOVEMBER, 2021
1. Background In the matter of Original application No. 164 of 2017, Thiru. D.Dhamotharan Vs The Secretary to Government, E&F Department, Government of Tamil Nadu, Chennai and 5 others has passed an order dated 13/12/2019 to constitute a committee comprising of the following members namely District Collector, Tiruppur, Senior Scientist/representative of regional office of CPCB, Tamil Nadu State Pollution Control Board, Commissioner, Tiruppur Municipal Corporation, Senior Engineer of Public Works Department (PWD) Water Treatment Organisation, one scientist from NEERI and Indian Institute of Technology (IIT) Chennai.
In compliance to Hon'ble NGT order, Tamilnadu Pollution Control Board constituted the committee. The Committee has carried out the field visit to the area in question which is a subject matter in O.A. No 164 of 2017 during February 04th& 05th, 2020 and already detailed report of the committee was filed before Hon'ble NGT with the following conclusion and Suggestion of Committee to protect the water quality of Nanjarayan Lake "......., based on the above facts, it is concluded that
(i) The presence of Domestic sewage is predominant in both Nallaru Odai and Nanjarayan Lake. Discharge from illegal dyeing units/ incidental or accidental over flow from man holes of pumping mains of CETPs may flow through Nallaru Odai which may not be ruled out.
(ii) During monsoon, joining of surface runoff (from old solar pans, sludge storage area and ETP area) from M/s Angeripalayam CETP into Nallaru Odai may not be ruled out.
(iii) The accumulation of decomposed silt, water weeds and garbages in the Nallaru Odai confirms the poor maintenance and least importance given to water body.
(iv) Encroachment along the Nallaru Odai results into change of physical appearance from natural stream to sewage drain
(v) The average concentration of BOD (8.0 mg/L), DO (4.0 mg/L) and EC (3164 µs/cm ) of the Lake water indicates the poor water quality and not meeting of any class of designated best use of CPCB classification.
(vi) Due to restoration work carried out in the Nanjarayan Lake in the past and diversion of Nallaru Odai results to less odour nuisance and survival of fishes/aquatic life 1 Page 26 of 53
(vii) For assessing the quantum of compensation for restoration of Lake detailed assessment study of Lake is required.
7.0 Suggestion of Committee to protect the water quality of Nanjarayan Lake :
To protect water quality of Nanjarayan Lake, it is suggested to take following measures
(a) Rejuvenation of Nallaru Odai :
• To take steps to rejuvenate the Nallaru Odai by evacuating the encroachments as per the Re-survey Records of Tamilnadu Government.
• To take regular maintenance of Nallaru Odai by desilting and renovating the side walls of Odai.
• To direct the Municipal authority to install Under Ground Drainage system to collect domestic sewage of Tiruppur Municipality and to install STP to treat the same and not to allow any domestic sewage into Nallaru Odai.
• To direct the municipal authority to take steps to divert the drains carrying domestic sewage to nearby STP and not to let out into Nallaru Odai or any other water bodies.
• To ensure the proper collection of solid waste from residential and commercial area and not to allow any public to litter any solid wastes / garbage into Nallaru Odai or any nearby water bodies
(b) Operation of STP constructed by PWD to improve the water quality of Lake :
To direct the PWD to take immediate steps for revamping of STP without any further delay.
To operate STP continuously and efficiently to reduce the organic pollutants in the Nallaru Odai and to divert the treated water into Lake.
To install adequate number of online monitoring system to monitor pH, EC, TDS, BOD and COD in different stretches of Nallaru Odai to identify the polluted stretches and to facilitate the identification of violating industries of particular stretch for penalizing.
(c) Rejuvenation of Nanjarayan Lake :
To delineate the water tank area and to construct the proper bund with fence to protect the water body from human inception and to serve the purpose of improving ground water in the surrounding area as well as to meet the irrigation water demand of the nearby villages.
To direct the PWD to take up detailed study to assess the quantity and quality of silt accumulated in the Nanjarayan Lake by engaging expert institute. Based on the outcome of the study desilting and rejuvenation of Lake may be taken up.2 Page 27 of 53
To take steps to restore the water quality of water tanks by removing the unwanted substances from water tanks and to avoid the mosquito breeding and odour nuisance.
After Rejuvenation of Lake, to take periodical maintenance of water tank by removing silt and water weeds to increase water storage capacity of Lake since it is either rain fed or filled through feeder canal (Nallaru Odai) during rainy days.
(d) Monitoring of CETPs and their member units :
To direct the TNPCB to monitor closely all member units of CETPs with respect to water consumption, effluent generated and quantity of effluent sent to CETP for cross verification of any bypass arrangements if any. On account of any single observation of illegal discharge/by pass arrangement, action against the industry shall be taken and environmental compensation may recovered as per CPCB guidelines.
To direct CETPs to check their pumping mains and manholes daily to avoid any accidental/incidental leakages/overflow of effluents from their manhole/pipelines which may ultimately joins the Nallaru Odai.
To direct the TNPCB to monitor closely the CETPs with respect to Effluent received, water recovered through RO/MEE, reject management for cross verification of any bypass arrangements if any. On account of any single observation of illegal discharge/bypass arrangement, action against the industry shall be taken and environmental compensation may be recovered as per CPCB guidelines.
To direct all CETPs to install online monitoring system (pH, EC, TDS) to their storm water drains meant for carrying surface runoff during monsoon which ultimately joins the Nallaru Odai. The online monitoring system shall be connected to TNPCB, on account of any incidence of high TDS, action against the CETP shall be taken and environmental compensation may be recovered as per CPCB guidelines."
Action has been already taken to comply with the committee recommendation and time to time direction of the Hon'ble NGT by respective departments. The report on action taken has been submitted separately by the concern departments The Hon'ble NGT in its latest order dated 23rd November 2021 has stated the following ".........., 7. The Sewage Treatment Plants (STPs) are intended for the purpose of treating the sewage, not to treat the effluents that are being mixed with effluents from the industrial area and it is for the Pollution Control Board to look into the issue and take appropriate action against those industries who are discharging their effluents without treating the same.
8. Further, industries are also expected to convert the effluent treatment system to one of ZLD and they are not expected to discharge the same outside the units. Unless, the Pollution Control Board takes stringent action against those industries, problems could not be solved.
3 Page 28 of 539. So under such circumstances, we feel that it is necessary to direct the Tamil Nadu Pollution Control Board to ascertain as to whether there is any possibility of untreated industrial effluent being mixed either in the storm water drain or sewage drain, which ultimately reaches the water body and if any of the industries are violating the conditions imposed, what is the nature of action to be taken by them and they are directed to submit the report in this regard before the next hearing date."
and directed to file reports to the Hon'ble Tribunal on or before 20.12.2021 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.
Based on the above Hon'ble NGT order a team was formed comprising the TNPCB Engineers as members. The team had carried out inspection to the units which are located along the Nallaru Odai stretch from Thirumuruganpoondi to Nanjarayan Lake on 11.12.2021, 13.12.2021 and 15.12.2021 in order to identify the illegal operation and discharge of untreated trade effluent by the industries in to the Nallaru Odai.
Totally 71 Nos. of units located along Nallar Odai stretch were inspected and the break up details of the same are as follows:
i. Printing units - 26 Nos.
ii. Washing units - 25 Nos.
iii. Angeripalayam CETP Member units-10 Nos.
iv. Park CETP members Units - 3 Nos.
v. Dyeing Unit with Individual ETP - 1 No. vi. Bleaching Unit with Individual ETP - 1 No. vii. Garment Units - 3 Nos.
viii. Knitting Units - 2 Nos.
During inspection the following were observed.
1. No Bleaching and Dyeing units are discharging effluent into Nallaru Odai directly or indirectly. The dyeing and bleaching units located near the Nallaru Odai are either member units of CETP or units provided with Individual Effluent treatment plant & ZLD treatment system.
2. During inspection of the CETP and its member units no discharge of trade effluent noticed.
3. Out of the above mentioned 71 units, 11 units were violating and illegally discharging the untreated trade effluent directly or indirectly either to Nallar Odai or onland for open percolation / nearby drain which in turn reaches Nallaru Odai out of this 6 units were issued with Power supply disconnection order through District Co-ordination Committee on 16.12.2021 and the same has been forwarded to SE, TNEB, Tiruppur for compliance and 5 units were issued with Show cause notices.4 Page 29 of 53
The list of 11 number of units are as follows.
Sl.
Name & Address of the Unit Action Taken by TNPCB
No.
M/s. Sri Akshaya Washing, Recommended for Power
3/253 A, Athupalayam, supply disconnection through
1
Pattathu Amman Kovil Back Side, District Co-ordination
Thirumuruganpoondi, Tiruppur. Committee
M/s. Sri S.S. Washing,
Recommended for Power
S.F. No. 314/1D,
supply disconnection through
2 Chettipalayam Village,
District Co-ordination
Tiruppur North Taluk,
Committee
Tiruppur District.
M/s. Sri Thanvarshini Knit Finishers, Recommended for Power
S.F. No. 417, 418, supply disconnection through
3
Anupparpalayam Village, District Co-ordination
Tiruppur Taluk, Tiruppur District. Committee
Recommended for Power
M/s. Jaiwin Washing
supply disconnection through
4 No.93/548-A, Thiruvalluvar Nagar,
District Co-ordination
Athupalayam, Tiruppur - 641 652
Committee
M/s. Winbow Dryer &
Drying Yard Premises used Recommended for Power
unauthorized, supply disconnection through
5&6
S.F. No. 287/2, Goundachy Thottam, District Co-ordination
Thirumuruganpoondi, Committee
Tiruppur.
M/s. Sree Vignesh Washing,
7 S.F. No. 417 & 418,
Velamapalyam Village,
Show Cause Notice Issued
Tiruppur North Taluk,
Tiruppur District.
M/s. The Thirumoorthi Washing,
8 S.F. No. 397, Velampalayam Village, Show Cause Notice Issued
Tiruppur North Taluk,
Tiruppur District.
M/s. Dharanish Washing,
9 S.F. No. 71, 72, Mannarai Village, Show Cause Notice Issued
Tiruppur North Taluk,
Tiruppur District.
M/s. Devi Printing,
10 S.F. No. 373/4, Show Cause Notice Issued
Velamapalayam Village,
Tiruppur North Taluk,
Tiruppur District.
M/s. Barani Printing,
11 S.F. No. 285 Part, Show Cause Notice Issued
Chettipalayam Village,
Tiruppur North Taluk,
Tiruppur District.
The above 11 units are small scale washing and Printing units located near the Nallaru Odai.
Also during routine inspection by Tamilnadu Pollution Control Board officials on various dates during the month of October and November action has been taken against 7 numbers of washing units for illegal operation and discharge of untreated trade effluent in to Nallaru Odai.
5 Page 30 of 53Action taken in the month of October 2021 & November 2021 Sl. No. Name & Address of the Unit Action Taken by TNPCB
1. M/s. Majestic Heat Setting Power Supply Disconnected S.F No 408/2A & 409 through TNPCB Corporate Office Velampalayam Village, Tiruppur North Taluk, Tiruppur District - 641 652.
2. M/s. Renuga Washing, Power Supply Disconnected S.F.No.406/7 Part, through TNPCB Corporate Office Velampalayam Village, Tiruppur North Taluk, Tiruppur District - 641 652.
3. M/s. CR Tex Power Supply Disconnected S.F.No.406/5 Part, through TNPCB Corporate Office Velampalayam Village, Tiruppur North Taluk, Tiruppur District - 641 652.
4. M/s. Sre Garuda Tex, X Power Supply Disconnected S.F.No.407, Athuvazhi Thottam, through TNPCB Corporate Office Anupparpalayam Village Tiruppur North Taluk, Tiruppur District - 641 652.
5. M/s. Senthur Washing, Power Supply Disconnected S.F. No. 260/2B2 Part, through District Co-ordination Thottipalayam Village, Committee Tiruppur North Taluk, Tiruppur District.
6. M/s. Varshiga Washing, Power Supply Disconnected No. 1/489, Ganapathy Nagar, already and Sealed Abirami Theatre Backside, Boyampalayam, Pooluvapatti Post, Tiruppur - 641 602.
7. M/s. Sri Saraswathi Knit Finishers, Power Supply Disconnected S,F. No. 223 Part, through District Co-ordination Thottipalayam Village, Committee Tiruppur North Taluk, Tiruppur District.
The Tamilnadu Pollution Control Board has collected Water samples in Nanjarayan Lake on 24.06.2021, 20.07.2021 & 05.08.2021. The Report of analysis and the inference of the sample collected are as follows.
6 Page 31 of 531.1 Report of analysis of Water samples collected on 24.06.2021 in Nanjarayan Lake Point of collection Inside the Lake (in the South East Corner) pH (Num) 8.324 Total suspended solids mg/l 4 Total Dissolved Solids mg/l 1196 Chloride (as CL) mg/l 644 Sulfate (as SO4) mg/l 52 COD mg/l 88 o BOD 3 days at 27 C mg/l 3 Total Residual Chlorinemg/l <1.0 Phosphate (as P)mg/l * TKN mg/l 8 Nitrate (as No._3N) mg/l 2.9 Sulfide mg/l <1.0 Phenolic Compounds mg/l <0.0005 Total Hardness mg/l 300 % Sodium 78 1.2. Report of analysis of Water samples collected on 20.07.2021 in Nanjarayan Lake Point of collection Northeast Corner in Southeast Corner Nanjarayan Lake in Nanjarayan Lake pH (Num) 6.92 6.79 Total suspended solids mg/l 12 8 Total Dissolved Solids 2032 2120 mg/l Chloride (asCL) mg/l 519 617 Sulfate (as SO4) mg/l 435 455 COD mg/l 320 400 BOD 3 days at 27o C mg/l 34 38 Phosphatemg/l * * Ammonical Nitrogen mg/l 18 18 TKN mg/l 20 25 Nitrite (as No._3N) mg/l 0.459 0.455 Nitrate (as No._3N) mg/l 0.553 1.08 Sulfide mg/l 4.8 8 7 Page 32 of 53 Phenolic Compounds mg/l <0.0005 <0.0005 % Sodium 52 62 Electrical Conductivitymg/l 2874 3019 Total Iron mg/l 0.0181 0.0214 Total Chromiummg/l <0.05 <0.05 Copper mg/l 0.0613 0.0572 Zinc mg/l 0.2366 0.2157 Lead mg/l 0.2704 0.2744 Cadmium mg/l 0.1608 0.142 Cyanide mg/l 0.018 0.021 DO mg/l 8 15 * SAR mg/l 5.83965 6.5288 Manganese mg/l 2.9795 3.137 1.3. Report of analysis of Water samples Collected on 05.08.2021 in Nanjarayan Lake Point of Northeast Corner in Southeast Corner in collection Nanjarayan Lake Nanjarayan Lake pH (Num) 8.302 8.443 Total suspended solids mg/l 48 68 Total Dissolved Solids mg/l 1644 1508 Chloride (asCL) mg/l 663 529 Sulfate (as SO4) mg/l 320 344 COD mg/l 360 440 BOD 3 days at 27oC mg/l 13 13 Phosphatemg/l Ammonical Nitrogen mg/l 1.1 BDL(DL:1.0) TKN mg/l 24 24 Nitrite (as No._3N) mg/l 1.7 1.2 Nitrate (as 0.42 0.36 No._3N) mg/l Sulfide mg/l <1.0 <1.0 Phenolic Compounds mg/l <0.0005 <0.0005 % Sodium 64 60 Electrical Conductivity mg/l 2819 2762 8 Page 33 of 53 Total Iron mg/l 0.21 1.09 Total Chromium mg/l 0.032 0.037 Copper mg/l BLQ(LOQ:0.005) BLQ(LOQ:0.005) Zinc mg/l 0.01 0.017 Lead mg/l 0.074 BLQ(LOQ:0.005) Cadmium mg/l BLQ(LOQ:0.005) BLQ(LOQ:0.005) Cyanide mg/l BDL(DL:1.0) BDL(DL:1.0) DO mg/l Nil Nil SAR mg/l 6.8 5.9 Manganese mg/l 0.102 0.099 Boron mg/l 0.112 0.125 1.4. Report of analysis of Fecal Coliform and Total Coliform in the Water samples Collected on 20.07.2021 & 05.08.2021 in Nanjarayan Lake Date of Parameters Northeast Southeast collection Corner in Corner in Nanjarayan Nanjarayan Lake Lake Faecal Coliform 21 17 MPN/100ml 20.07.2021 Total Coliform 70 63 MPN/100ml Faecal Coliform <2 <2 MPN/100ml 05.08.2021 Total Coliform 140 90 MPN/100ml It was observed from the analysis result of samples taken in different months that, there is variation in the parameters in the same locations where samples were collected. This may be due to seasonal change, Time of sample collected and other factors. From the above results of water samples collected from Nanjarayan Lake following inference are made
a) The presence of Total Coliform (63 - 140 MPN/100ml) and Faecal Coliform (17 - 21 MPN/100ml) indicates the inception of Domestic sewage into Nanjarayan Lake.
b) However the concentration of Boron (0.112 - 0.125 mg/L), Sodium Adsorption Ratio (SAR) (5.19-6.8) found well within the limit of irrigation water quality.
c) The concentration of TDS (1196 - 2120 mg/L), Chloride (519 - 663 mg/L), Sulphate (52 - 455 mg/L).
9 Page 34 of 53The O/o Environmental Engineer, Flying squad, TNPCB Tiruppur is regularly monitoring the major water bodies in Tiruppur, The Nanjarayan Lake is one of the water body monitored. The TDS details of the Nannjarayan Lake is as follows Report of analysis of Water samples Collected in Nanjarayan Lake Sl. No Month Date of Sample TDS at the Outlet of collection Nanjarayan Tank (mg/L) 1 07.01.2021 1460 Jan-21 2 25.01.2021 1544 3 05.02.2021 1456 Feb-21 4 26.02.2021 1720 5 Mar-21 17.03.2021 1392 6 Apr-21 28.04.2021 1816 7 Jun-21 16.06.2021 776 8 Jul-21 06.07.2021 1396 9 Aug-21 03.08.2021 1664 Average 1469 The monthly TDS observed in the Nanjarayan Lake during the year 2021 ranges from 776 mg/L to 1816 mg/L.
3. The observation on Nallaru Odai & Nanjarayan Lake:
Nallaru Odai:
During inspections on 11.12.2021, 13.12.2021 and 15.12.2021 the following observation were made
a) During inspections there was considerable flow noticed in the Nallaru Odai. No coloured flow was noticed in the Nallaru Odai. In the banks of Nallaru Odai dumping of Municipal solid waste was noticed.
b) The TDS value on the day of inspection in the Nallar Odai at Thirumuruganpoondi Bridge is 957 mg/l and at the bridge near M/s. Angeripalayam CETP is 1551 mg/l as per the portable TDS meter.
c) Major stretch of Nallaru Odai it is covered with Seemaikaruvelam Water Hyacinth and other bushes.
Nanjarayan Lake:
a) During inspection it was observed that lean flow over the check dam constructed across the Nallaru Odai was flowing in to the Nanjarayan Lake, The colour of the water in the Lake was found natural and no odour experienced near the Lake.
b) Various local Birds and Birds fromthe foreigncountry were found visiting to the Nanjarayan Lake Patches of water holding area of the NanjarayanLake and all boundary area of the lake is surrounded with Seemaikaruvelam and Water Hyacinth.10 Page 35 of 53
1. Action taken by Tamilnadu Pollution Control Board
1. As per the instruction of TNPCB the CETP's have installed 14 Nos. of CCTV Cameras and 3 Nos. of Online TDS meters along the stretch of Nallaru Odai. The Tamilnadu Pollution Control Board has instructed the CETP's to connect the CCTV's and TDS meters through online portal so as to have a centralized monitor system and to ensure that there is no discharge of industrial effluent into the Nallaru Odai.
Sl. Reference
Location of CCTV
No. Number
1 1- CCTV U/s of KTM dyeing ( East Facing)
2 2- CCTV D/s of KTM Dyeing (East Facing)
3 3- CCTV D/s of Sri Valli Process (East Facing)
4 4- CCTV D/s of Sri Valli Process (West Facing)
5 5- CCTV D/s of Angeripalayam Bridge (East Facing)
6 6- CCTV U/s of SVP Knit process (South Facing)
7 7- CCTV D/s of SVP Knit process (East Facing)
8 8- CCTV D/s of SVP Knit process (West Facing)
9 9- CCTV D/s of SVP Knit process boiler (East Facing)
10 10- CCTV U/s of Welcome Dyers (West facing)
11 11- CCTV U/s of Nagsai Colours (West Facing)
12 12- CCTV U/s of Nagsai Colours (East Facing)
13 13- CCTV Angeripalayam CETP Aeration Tank (West Facing)
Sl. Reference Location of Online TDS meter
No Number
1 1- TDS TDS Meter (U/s of KTM Dyeing)
2 2- TDS TDS Meter -D/s of Park Members (Poomparai
Bridge)
3 3- TDS TDS Meter - in D/s of Angeripalayam CETP
11
Page 36 of 53
2. As per the instruction of the Tamil Nadu Pollution Control Board the Angeripalayam CETP has formed a team to examine the pipe line and manholes on daily basis to monitor their pipeline and manholes.
3. The Angeripalayam CETP was instructed to strengthen the Manholes located in the Nallaru Odai and the CETP is in process of exploring the modern mechanism to monitor and avoid if there is any leakage/seepage from the Manholes.
4. Frequency of regular monitoring of Industries and stretches of Nallaru Odai by the O/o District Environmental Engineer, Tiruppur North & O/o Environmental Engineer flying squad is being increased in order to avoid and prevent any illegal inflow of industrial effluent in to Nallaru Odai and Nanjarayan Lake.‖
23. Thereafter, this Tribunal passed the following order:-
―5. It is seen from the report submitted by the Additional Chief Secretary to Government, Water Resources Department that due to urbanization of outskirts in and around Tiruppur Municipal Corporation, the prevailing inflow in the baby canal gets increased and as such, 10 MLD capacity of Sewage Treatment Plant (STP) is required. So, they insisted that the existing Sewage Treatment Plant (STP) should be upgraded to 10 MLD from 1.5 MLD for accommodating the current inflow from Nallaru odai. Accordingly, an estimate at a cost of Rs.4.20 Crores was prepared by the Sewage Treatment Plant (STP) Consultant on 31.08.2021 and the Executive Engineer, WRD, Lower Bhavani Basin Division, Erode has sent proposal to the Commissioner, Tiruppur Municipal Corporation for upgrading the Sewage Treatment Plant (STP). The Commissioner, Tiruppur Municipal Corporation had addressed the Executive Engineer, WRD to resubmit the proposal, as there are some discrepancies and it is not known as to what happened thereafter.
6. It is seen from the report submitted by the Tamil Nadu Pollution Control Board that they issued closure orders to some of the industries which are violating the norms and issued show cause notice to certain units and there are certain recommendations made by them. They also installed certain CCTV cameras at the CETP points to monitor the violation (if any) committed by the CETP operator and industrial units.
7. The Tiruppur Municipal Corporation has not filed the further progress report regarding the progress of work done by them and the result of such progress in arresting the pollution.
8. The Additional Chief Secretary to Government, Water Resources Department is directed to look into the proposal for upgrading the Sewage Treatment Plant (STP) to 10 MLD capacity and whether any further improvement happened in respect of such upgradation as suggested by him. If not, the Additional Chief Secretary to Government, Water Resources Department is directed to look into the issue personally and if there is any inaction on the part of the authorities in carrying out the directions, take appropriate steps to ensure that such directions are implemented with timeline and submit a report regarding the proposal for upgradation, its status and the timeline within which that will be completed and if any funds are required for that purpose, what is the nature of action taken by them on their side to meet the situation.
9. Commissioner - Tiruppur Municipal Corporation, State Pollution Control Board and the Additional Chief Secretary to Government, Water Resources Department are directed to file their respective further reports to this Tribunal regarding the subsequent development, progress and the deficiency (if any) found, what is the further action taken in this regard.
10.The Tamil Nadu Pollution Control Board is also directed to file a further report regarding the further action taken on the basis of the show cause notice issued and also the present status of the implementation of the Solid Waste Management Rules, 2016 in Tiruppur Corporation and the status of implementation of recommendations to curb pollution to water bodies.‖ Page 37 of 53
24. The matter was again taken up on 29.04.2022 and on that day, this Tribunal considered the report submitted by the Commissioner, Tiruppur Municipal Corporation dated 27.04.2022 e-filed on 28.04.2022 extracted in Para 2 of the order which reads as follows:-
"3. The respondent herein submits the following repori for the kind appreciation of the Honourable Tribunal.
i. With regard to letting out of Sewage/Sullage Water into the Nallar River it is submitted that the generated waste water from the households located in the said area are disposed through individual septic tanks. The said Sewage and Sullage Water were removed by sullage tanker lorry and the same was transported to the sewage treatment plants maintained by the Corporation for treatment. For the past one month mere than 250 loads were transported from the said area to the STP maintained by the Tiruppur Corporation.
ii. With regard to the dumping of Solid waste along the Nallar river bank it is submitted that the dumping of Solid Waste is strictly prohibited. The same was implemented by erection of warning notice board in river bank and regular inspection was made by the Public Health Officials of the Corporation and fine was imposed to the violators who are breaching the same.
iii. Further Three Micro Composting Centres were established in the nearby area of Nallar river. The Micro Composting Centres are fully functioning to process the wet waste collected from the households. The following are the list of Micro Composting Centres and their processing capacity (Tonnes per day).
1. Aathupalayam - 3TPD
2. Kanjampalayam -3.5 TPD
3. Uppilipalayam - 3 TPD (Nallathupalayam).
iv. With regard to the implementation of UGSS Scheme it is submitted that the work is in progress and the same will be completed December, 2022 and with regard to the implementation of UGSS Scheme for the uncovered areas DPR was prepared to the tune off Rs.600.00 Crores and proposal has been submitted to the government under AMRUT 2.0 mission and the same is pending consideration before the government.‖
25. The Tribunal also considered the report submitted by the Tamil Nadu Pollution Control Board signed by the Officer on 28.04.2022, e-filed on the same day and extracted in Para 3 of the order which reads as follows:-
―3. It is respectfully submitted that, in order comply the said NGT order, a team was formed and carried out inspection to the units which are located along the Nallaru Odai stretch on 11.12.2021, 13.12.2021 and 15.12.2021 in order to identify the illegal operation and discharge of untreated trade effluent by the industries in to the Nallaru Odai.
Totally 71 Nos. of units located along Nallar Odai stretch were inspected and the break up details of the same are as follows:
i. Printing units - 26 Nos.
ii. Washing units - 25 Nos.
iii. Angeripalayam CETP Member units-10 Nos.
iv. Park CETP members Units - 3 Nos.
v. Dyeing Unit with Individual ETP - 1 No. vi. Bleaching Unit with Individual ETP - 1 No. vii. Garment Units - 3 Nos.
viii. Knitting Units - 2 Nos.
Out of the above mentioned 71 units, 11 units were violating and illegally discharging the untreated trade effluent directly or indirectly either to Nallar Odai or onland for open percolation / nearby drain which in turn reaches Nallaru Odai. Out of this 6 units were issued with Power supply disconnection order through District Co-ordination Committee on 16.12.2021 and 5 units were issued with Page 38 of 53 Show cause notices. 6 units power supply were disconnected and the present status of these units are as below:
Apart from the above based on routine inspection by Officials of the 0/0. DEE, TNPCB, Tiruppur (North) and 0/0. Environmental Engineer, Flying Squad, Tiruppur power supply to 7 units were disconnected through District Co- ordination Committee, TNPC Board.
4. It is further submitted that the Hon'ble NGT has passed order dated 06.04.2022 and directed as follows:
"Para 9. Commissioner - Tiruppur Municipal Corporation, State Pollution Control Board and the Additional Chief Secretary to Government, Water Resources Department are directed to file their respective further reports to this Tribunal regarding the subsequent development, progress and the deficiency (if any) found, what is the further action taken in this regard. 10. The Tamil Nadu Pollution Control Board is also directed to file a further report regarding the further action taken on the basis of the show cause notice issued and also the present status of the implementation of the Solid Waste Management Rules, 2016 in Tiruppur Corporation and the status of implementation of recommendations to curb pollution to water bodies.
5. It is respectfully submitted that, in pursuance to the above said NGT order, 5 units issued with show cause notice previously were inspected on 21.04.2022 & 22.04.2022. Based on the inspection a recommendation was sent to TANGEDCO to disconnect power supply to the one unit. The details are as follows.
Page 39 of 53The above 11 units are small scale washing and Printing units located near the Nallaru Odai. However no discharge of dyeing effluent is noticed in the Nallaru Odai.
The Two CETP's M/s Angeripalayam Common Effluent Treatment Plant Ltd, Tiruppur and M/s. Park Common Effluent Treatment Plant Private Ltd, Tiruppur have installed ZLD system and are monitored regularly to ensure that no effluent is discharged in to Nallar odai.
6. It is respectfully submitted that, during inspection on February 2022, two washing units located near Nallar odai were inspected by officials of the Olo DEE, TNPCB, Tiruppur (North) and it was found that untreated effluent was discharged on land for open percolation. Hence power supply to the units were disconnected by the District Co ordination Committee Page 40 of 53 Further direction was issued vide Proc. dt. 18.06.2021 to the Commissioner, Triuppur City Municipal Corporation (Tiruppur STPs) inter alia to complete the underground sewerage system for the unsewered area and to ensure that the untreated sewage presently let into nearby land and water bodies shall be stopped and to ensure 100 % treatment of sewage. However no reply received in this regard.
7. It is further submitted that the TNPCB has collected water samples in Nanjarayan Lake on 31.01.2022, 25.02.2022 and 28.03.2022. The report shows that TDS in Nanjarayan Lake outlet (two numbers) during January 2022 is 2028 mg/1 & 1936 mg/1, during February 2022 is 1352 mg/l and 1576 mg/l and March 2022 is 1536 mg/l and 1500 mg/l respectively. This shows that TDS levels of water in Nanajarayan Lake is declining and water quality is improving. The Copy of Report of Analysis is enclosed as Annexure-I Status of the implementation of Solid Waste Rules 2016 by Tiruppur City Municipal Corporation
8. It is respectfully submitted that the solid waste management in Tiruppur, the Tiruppur City Municipal Corporation has provided 28 Nos of Micro Compost Centre. Out of 28 nos of Micro Compost Centre 26 Micro Compost Centre is under operation. 2 Nos of Micro Compost Centre is not commissioned as there is complaint in those 2 locations.
Present status of Micro Compost Centre along Nallar stretch:
Two numbers of Micro Compost Centre located in the Aathupalayam and Vengamedu of The Tiruppur City Municipal Corporation was inspected on 26.04.2022. During inspection it was found that the Micro Compost Centre were under operation. The representatives has informed that part of the solid waste segregated at source was collected from the wards nearer to these Micro Compost Centre and transported and solid waste fraction is being composted. The Micro Compost Centre unit has 12 nos compost pits where the segregated solid waste after shredding is composted. The MCC has provided shredder-1 No. The plastic waste fraction in the solid waste collected was separately stored and is sent to baling centre of the Corporation located in Santhaipet, Thennampalayam and finally sent to cement industries for disposal for co incineration.
Further during inspection of Nallar Odai and Nanjarayan lake the following were observed:
a. No discharge of dyeing / bleaching effluent noticed during inspection. b. Some stretch of Nallaru Odai is covered with Seemaikaruvelam, water hyacinth and other bushes.
c. Lean flow over the check dam constructed across the Nallaru Odai was flowing in to the Nanjarayan Lake, the colour of the water in the lake was found natural and no odour experienced near the lake.
d. The PWD baby canal is damaged and presently there is no flow in the baby canal.
e. Various local birds and birds from the foreign country were found visiting to the Nanjarayan Lake and recent news paper report that the Nanjarayan lake is declared as Birds Sanctuary. (Photograph enclosed as Annexure -II) f. The boundary area of the lake is surrounded with Seemaikaruvelam and water hyacinth in the part of water spread area of Nanjarayan lake.‖
26. On that day, the Tribunal heard the Counsel appearing for the parties.Page 41 of 53
27. The learned counsel for the applicant submitted that on account of certain actions taken due to the intervention of the tribunal, some improvement has taken place and the regulators can be directed to monitor the implementation of the schemes launched by issuing appropriate directions.
28. The learned counsel appearing for the local bodies submitted that they have taken all steps to avoid discharge of sewage into the water body and the certain steps have been taken for implementation of underground sewage system of the uncovered areas and on getting necessary funds, the same will be implemented.
29. The learned counsel appearing for the State Government including the Public Works Department and Water Resource Department submitted that they are taking all steps to avoid discharge of untreated sewage into the water body. The Counsel for Pollution Control Board submitted that they are closely monitoring the implementation of the Solid Waste Management Rules and also the operation of the industries and whenever any deficiencies found or violation found, they are taking appropriate action against the industry including issuing the closure to the directions.
30. Considered the pleadings and various reports submitted and submissions made by the Counsel for the parties.
31. The points that arose for consideration are a. Whether there was any damage caused to the water quality in Nanjarayan Lake on account of any of the polluted activities by the local bodies or by industries as alleged by the applicant?
b. What are all the remedial measures to be taken to restore the water body to its original position and protect the same against pollution?
c. What all the further directions, if any, to be given to the regulators applying the ―Precautionary Principle‖ to protect Page 42 of 53 the water body from pollution and to remedy the situation and restore the water quality to its original position? d. Reliefs and costs.
POINTS:-
32. The grievance in this application is regarding the Pollution caused to Nanjarayan lake which was catering to the needs of the local people in Tiruppur District and this reservoir was acting as a rain water harvesting system and having a large water storing capacity and water catchment area attracting more migrated birds and it has got the potential to be declared as Bird Sanctuary, in respect of which several representations have been made. But there were some latches on the part of the Public Works Department and also by the Local Bodies in protecting the Water Body. The Official respondents have filed reply statements regarding the steps taken by them to protect the Water Body.
33. This Tribunal had appointed a Joint Committee to go into the question and the Joint Committee has filed two or three reports followed by the Report submitted by the Pollution Control Board regarding action taken on the basis of the recommendations of the Joint Committee.
34. It is seen from the various reports that the Nanjarayan lake has been polluted with sewage water on account of discharge of untreated sewage from Tiruppur Municipal Corporation and other nearby local bodies. It was also mentioned in the report that for the purpose of treating the industrial effluent generated in the dying and bleaching units, situated on the side of the Nallar and Noyar River, they have provided two common effluent treatment plants operated by certain private units and they are all maintaining zero liquid discharge system, whereby no trade effluents are being discharged into Nallar River which ultimately reaches the Nanjarayan Lake.Page 43 of 53
35. It is seen from the report of Public Works Department/ Water Resource Department that they have provided a STP of 1.5 MLD for accommodating the current inflow from the Nallaru Odai but that was not sufficient and that will have to be upgraded to 10 MLD for which certain proposals have been made.
36. It is also seen from the report that certain actions have been taken by the Pollution Control Board by providing CCTV Cameras near the dying units and CETPs so as to watch the operation and to prevent discharge of industrial effluent into the water body.
37. It is also seen from the reports that certain actions have been taken by the Pollution Control Board against the erring industrial units which were not complying with the norms including closure and disconnection of electricity supply. It is also seen from the report that certain reports have been sent by the Water Resource Department for the purpose of upgradation of the existing STP and certain proposals are pending with the Government.
38. The Tiruppur Corporation has filed report stating that certain proposals were sent to the Government for the purpose of providing underground sewage system for the uncovered areas and certain proposals are pending with the Government, in this regard.
39. It is also seen from the latest newspaper reports, that there is a proposal to declare Nanjarayan Lake as a Birds Sanctuary and steps are being taken by the Government in this regard. That shows the importance of the Nanjarayan Lake and its Biological Diversity Resources and the necessity for protecting the Water Body against Pollution. There is a duty cast on the State Government to protect Environment which includes Protection of Water Bodies, which plays a great role in protecting Environment as mandated in Article 48A of the Constitution of India.Page 44 of 53
40. Further, in Original Application No.606 of 2018 and other matters dealing with implementation of Solid Waste Management Rules and Liquid Waste Management, the Principal Bench of National Green Tribunal, New Delhi had issued several directions to the Local Bodies to provide necessary STPs and avoid discharge of untreated sewage into the Water Bodies and protect the Water Bodies against Pollution and encroachment.
The Apex Court also in several decisions reiterated the responsibility of the State Government to protect the environment and also protect the Water Bodies against the Pollution and encroachment. In Paryavaran Suraksha Samiti & Anr vs Union of India & Ors reported in 2017 (5) SCC 326, the Apex Court had directed the regulators to take action against those industries which are not providing their own effluent treatment plant including closure of the unit still it is being implemented.
41. The Apex Court also directed the Regulator to collect Environmental Compensation against those units which are causing pollution to the Water Bodies applying the "Polluter Pays" Principle. The Apex Court also reiterated the responsibility of the Local Bodies as per Article 243(W) of Constitution as also in Item 6 of 12th Schedule the obligation of the Municipalities to protect public health sanitation conservancy and Solid Waste Management.
42. It is also mentioned that if there are any financial constraints the remedy lies in Article 243X and 245Y of the Constitution and it will be open to the concerned municipalities and/or local bodies to evolve norms to recover funds for the purpose of generating finance to install all the common effluent plant within the purview of the Provisions referred to hereinabove.
43. Further, it has been reiterated by the Apex Court in several decisions that paucity of fund should not be stand in the way of implementation of beneficial schemes which are required for the purpose of protection of Environment as right to get clean environment as part of right to life is a fundamental right enshrined in Article 21 of the Constitution of India and Page 45 of 53 the responsibility to provide the same is on the State Government and Central Government. The same view has been reiterated by the Apex Court in an earlier decision reported in State of Orissa vs Government of India and Ors. reported in 2009 (5) SCC 4 (92). The principles laid down in Paryavaran Suraksha Samiti & Anr vs Union of India & Ors reported in 2017 (5) SCC 326 was reiterated by the Principal Bench of National Green Tribunal by order dated 22.02.2021 in OA No.593/2017 and OA No.673/2018 reported in Manu/GT/0045/2021.
44. So, under such circumstances, the Local Bodies and the State Government are responsible of protecting Environment. Further in several orders of Principal Bench, National Green Tribunal, New Delhi dealing with such issues even directed the Chief Secretary to monitor the implementation of these schemes by conducting review meetings and providing necessary funds in this regard.
45. It is also reiterated by the Principal Bench in some of the decisions while sitting as Special Bench in dealing with Southern Bench matters observed that it is not possible for the Tribunal to monitor the discharge of statutory obligations by the regulators perpetually and it is for the Secretary level officials to monitor their Subordinate Officials and take action against them if they did not properly discharge their functions, which is required for the purpose of protecting the Environment. It may also be mentioned here that unless a proactive steps are taken by the Government and the Regulators, it is not possible for the State Government to achieve the mandate of protecting Environment as envisaged under Article 48A of the Constitution of India.
46. So, under such circumstances, we feel that the matter can be disposed of by giving following directions:-
a. The Tiruppur Municipal Corporation and Water Resource Department are directed to take appropriate steps for early completion of the schemes envisaged by them for the purpose of preventing discharge of untreated sewage into Nallar River or Odai Page 46 of 53 which ultimately reaches the Nanjarayan Lake to avoid pollution being caused to the water body.
b. The State Pollution Control Board is directed to monitor the implementation of the action plan prepared by the local bodies and the Water Resources Department and if there is any gap/deficiency found, they are directed to provide necessary technical assistance to them to implement the scheme in an effective manner to avoid discharge of untreated sewage into the water body mentioned above.
c. The State Pollution Control Board is also directed to take appropriate action against the local bodies including Tiruppur Municipal Corporation and other local bodies which are not complying with the Solid Waste Management Rules, 2016 and Liquid Waste Management as directed by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606/2018 and other similar matters including matters decided by the Southern Bench and take steps to recover the compensation as directed in those decisions from the local bodies in accordance with law.
d. The Additional Chief Secretary for Municipal Administration and Water Supply and Additional Chief Secretary for Water Resources Department are also directed to obtain necessary administrative as well as financial sanction/assistance to the respective departments to implement the schemes evolved by them to protect Nanjarayan Lake, as paucity of funds should not stand in the way of implementing the scheme to protect the environment. e. The Water Resources Department is also directed to take necessary steps for periodical maintenance of water channel and Nallar River so as to keep the flow of water without any obstruction and also make necessary maintenance to the weirs which controls inflow and outflow of the water to the Nanjarayan Lake and take steps to upgrade the STP provided by them to treat the untreated sewage before it is being discharged into the water body.
f. The State Pollution Control Board is directed to inspect the industrial units periodically and if there is any violation found, then Page 47 of 53 they are directed to take appropriate action including imposition of environmental compensation apart from other action being taken as provided under the respective statues.
g. The State Pollution Control Board is also directed to take appropriate action for recovery of environmental compensation for the violations committed by the industries against which actions have already been taken by them by affording them an opportunity of being heard by issuing show cause notice, showing the quantum of compensation to be imposed and the manner in which it was calculated and giving them opportunity to file their objections and hearing and then pass appropriate orders in accordance with law and recover compensation from those erring industries applying the "Polluter Pays" principle and utilize the amount for restoration of damage caused to environment in those areas by evolving appropriate plan in consultation with the Additional Chief Secretary for Environment, Climate Change and Forest of State of Tamil Nadu and the District Collector and utilize the amount in a scientific manner for this purpose.
h. The Additional Chief Secretary for Municipal Administration and Water Supply and the Additional Chief Secretary for Water Resources Department are directed to file periodical reports of progress of the work till the work is completed once in six months. i. The Tamil Nadu Pollution Control Board is directed to file the action taken report for violations noticed and if any in the future. j. The Tamil Nadu Pollution Control Board is also directed to suggest necessary temporary measures, if any, required for the purpose of avoiding discharge of untreated sewage from the areas not covered by Under Ground Sewerage System (UGSS), till the permanent measures are implemented and if such measures are suggested, then the Tiruppur Municipal Corporation and other local bodies which are responsible for discharge of untreated sewage into the water body are directed to implement the same, without delay. k. The recommendations made by the Joint Committee are to be implemented by the concerned departments in its letter and spirit Page 48 of 53 and that will have to be monitored by the Tamil Nadu Pollution Control Board.
l. The Chief Secretary to Government, State of Tamil Nadu is directed to monitor the implementation of the directions of this Tribunal and also constitute a Committee consisting of the Additional Chief Secretary for Municipal Administration and Water Supply, Additional Chief Secretary for Environment, Climate Change and Forest, the Additional Chief Secretary for Finance Department or his nominee, the Additional Chief Secretary for Water Resource Organization for the purpose of monitoring the implementation of the schemes and provide necessary assistance (both administrative and financial) and if any proposals are pending for the purpose of implementing the directions of this Tribunal and take appropriate steps to provide the same without delay, as no scheme intended for protection of environment should be stalled on account of paucity of fund by the regulators.
47. The points are answered accordingly.
48. In the result, this Original Application is disposed of with the following directions:-
(i) The Tiruppur Municipal Corporation and Water Resource Department are directed to take appropriate steps for early completion of the schemes envisaged by them for the purpose of preventing discharge of untreated sewage into Nallar River or Odai which ultimately reaches the Nanjarayan Lake to avoid pollution being caused to the water body.
(ii) The State Pollution Control Board is directed to monitor the implementation of the action plan prepared by the local bodies and the Water Resources Department and if there is any gap/deficiency found, they are directed to provide necessary technical assistance to them to implement the scheme in an effective manner to avoid discharge of untreated sewage into the water body mentioned above.Page 49 of 53
(iii) The State Pollution Control Board is also directed to take appropriate action against the local bodies including Tiruppur Municipal Corporation and other local bodies which are not complying with the Solid Waste Management Rules, 2016 and Liquid Waste Management as directed by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.606/2018 and other similar matters including matters decided by the Southern Bench and take steps to recover the compensation as directed in those decisions from the local bodies in accordance with law.
(iv) The Additional Chief Secretary for Municipal Administration and Water Supply and Additional Chief Secretary for Water Resources Department are also directed to obtain necessary administrative as well as financial sanction/assistance to the respective departments to implement the schemes evolved by them to protect Nanjarayan Lake, as paucity of funds should not stand in the way of implementing the scheme to protect the environment.
(v) The Water Resources Department is also directed to take necessary steps for periodical maintenance of water channel and Nallar River so as to keep the flow of water without any obstruction and also make necessary maintenance to the weirs which controls inflow and outflow of the water to the Nanjarayan Lake and take steps to upgrade the STP provided by them to treat the untreated sewage before it is being discharged into the water body.
(vi) The State Pollution Control Board is directed to inspect the industrial units periodically and if there is any violation found, then they are directed to take appropriate action including imposition of environmental compensation apart from other action being taken as provided under the respective statues.Page 50 of 53
(vii) The State Pollution Control Board is also directed to take appropriate action for recovery of environmental compensation for the violations committed by the industries against which actions have already been taken by them by affording them an opportunity of being heard by issuing show cause notice, showing the quantum of compensation to be imposed and the manner in which it was calculated and giving them opportunity to file their objections and hearing and then pass appropriate orders in accordance with law and recover compensation from those erring industries applying the "Polluter Pays" principle and utilize the amount for restoration of damage caused to environment in those areas by evolving appropriate plan in consultation with the Additional Chief Secretary for Environment, Climate Change and Forest of State of Tamil Nadu and the District Collector and utilize the amount in a scientific manner for this purpose.
(viii) The Additional Chief Secretary for Municipal Administration and Water Supply and the Additional Chief Secretary for Water Resources Department are directed to file periodical reports of progress of the work till the work is completed once in six months.
(ix) The Tamil Nadu Pollution Control Board is directed to file the action taken report for violations noticed and if any in the future.
(x) The Tamil Nadu Pollution Control Board is also directed to suggest necessary temporary measures, if any, required for the purpose of avoiding discharge of untreated sewage from the areas not covered by Under Ground Sewerage System (UGSS), till the permanent measures are implemented and if such measures are suggested, then the Tiruppur Municipal Corporation and other local bodies which are responsible for discharge of untreated sewage into the water body are directed to implement the same, without delay.Page 51 of 53
(xi) The recommendations made by the Joint Committee are to be implemented by the concerned departments in its letter and spirit and that will have to be monitored by the Tamil Nadu Pollution Control Board.
(xii) The Chief Secretary to Government, State of Tamil Nadu is directed to monitor the implementation of the directions of this Tribunal and also constitute a Committee consisting of the Additional Chief Secretary for Municipal Administration and Water Supply, Additional Chief Secretary for Environment, Climate Change and Forest, the Additional Chief Secretary for Finance Department or his nominee, the Additional Chief Secretary for Water Resource Organization for the purpose of monitoring the implementation of the schemes and provide necessary assistance (both administrative and financial) and if any proposals are pending for the purpose of implementing the directions of this Tribunal and take appropriate steps to provide the same without delay, as no scheme intended for protection of environment should be stalled on account of paucity of fund by the regulators.
(xiii) Considering the circumstances, parties are directed to bear their respective costs in the application.
(xiv) The Registry is directed to communicate this order to the Chief Secretary, State of Tamil Nadu, the Additional Chief Secretary for Environment, Climate Change and Forest, the Additional Chief Secretary for Municipal Administration and Water Supply, the Additional Chief Secretary for Public Works Department, the Additional Chief Secretary for Water Resources Department, the Principal Secretary for Finance, Chairman - Tamil Nadu Pollution Control Board, the Commissioner - Municipal Administration, the Director
- Panchayats and Rural Development Department, the District Environmental Engineer - State Pollution Control Board, Tiruppur District, the District Collector - Tiruppur District, Commissioner - Tiruppur Municipal Corporation, Page 52 of 53 the Block Development Officer under whom the Local Panchayats which are responsible for discharge of untreated sewage into the water body by e-mail for their information and compliance of directions.
(xv) As and when the reports are filed, the Registry is directed to place the same before the Bench for consideration and issuing necessary further directions (if any) required in this regard.
49. With the above directions and observations, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, J.M. Sd/-
Dr. Satyagopal Korlapati, E.M. O.A. No.164/2017 (SZ) 15th July, 2022. SE & Mn.
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