National Green Tribunal
Poonam Yadav vs Ms Ecogreen Energy Private Limited on 23 September, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 04&05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 172/2021
Poonam Yadav Applicant
Versus
M/s. Ecogreen Energy Pvt. Ltd. & Ors. Respondent(s)
With
Original Application No. 109/2022
Vivek Kamboj & Anr. Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 23.09.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Rahul Choudhary, Advocate for Applicant in OA 109/2022
Respondent(s): Mr. Raj Kumar, Advocate for CPCB
Mr. Rahul Khurana, Advocate for HSPCB
ORDER
1. This order will deal with OA No. 172/2021 and 109/2022 as both the matters relate to the same issue i.e. failure to maintain environmental norms for handling and disposing legacy municipal solid waste dump site to the prejudice of environment and public health and also adjoining forest 1 areas. The dump site in question is Bandhwari landfill site at Gurugram where about 33 lacs Metric tonnes of solid waste is dumped since years.
2. Case of the applicant in OA No. 172/2021 (which is similar to case in the other application also) is that a Waste Management project has been developed and contract assigned to a Chinese company - Eco-green Energy Private Limited in the year 2017. However, the steps taken being inadequate, the waste is being burnt causing huge air pollution which has potential to affect not only the inhabitants but also the Asola Bhati Wildlife Sanctuary having 193 species of birds, large number of medicinal plants and more than 80 species of butterflies, black buck, Golder Jackal, leopards. The State is under obligation to protect eco sensitive zone by controlling adverse impact of violation of environmental norms. Burning of waste in landfill sites is in violation of the Solid Waste Management Rules, 2016 and directions of this Tribunal in Almitra H. Patel & Anr. v. Union of India & Ors.1 The landfill fires contain high level of pollutants, adversely affecting the air quality and hazard to the human health and other living creatures, flora fauna of the protected area. Though Waste to Energy Plant has been set up, the same is not compliant with the environmental norms.
Frequent fires are emitting dangerous fumes from the combustion of the wide range of materials emitting carbon monoxide, hydrogen sulphide, volatile organics, production of dioxides, fuorans is also documented risk factors. The atmospheric emissions from such fire has adverse impact on the environment and human health in terms of both greenhouse gases and air borne particulate matter. Toxic gases released from landfill site are responsible of lung and heart diseases and also badly affect the flora and fauna of that area. The applicant has relied upon media reports dated 11.07.2021 about the incident of fire.
12016 SCC OnLine NGT 4216 2
3. The applicant has also filed a copy of order of this Tribunal dated 07.04.2021 in OA 514/2018, Vivek Kamboj & Anr. v. Union of India & Ors.
In the said matter, the Tribunal monitored the inadequacy of measures in handling the said dump site by the authorities of the State of Haryana for more than five years and found serious continuing violations. Finally, the application was disposed of with directions for monitoring by the Chief Secretary, Haryana to uphold citizens right to clean environment and to uphold the rule of law. However, violations continue.
4. Considering the above, vide order dated 19.07.2021, the Tribunal constituted a three-member Committee comprising CPCB, Haryana State PCB and the District Magistrate, Gurgaon to ascertain factual position and also sought response from the Chief Secretary. Operative part of the direction is reproduced below:-
"1&2....xxx.............................xxx..........................................xxx
3. In view of the grim picture depicted above, there appears to be serious lapses and continuing failure on the part of the authorities of the State of Haryana in performing constitutional obligation of providing clean environment and upholding the rule of law.
4. We are of the view that effective remedial measures including effective monitoring mechanism is required in view of seriousness of the situation. A welfare State can hardly be oblivious to its Constitutional obligation to the citizens for protection of public health particularly when failure to prevent outbreak of diseases results in mass destruction of human lives. No enemy is needed. Failure of the administration and neglect of responsibility is enough for destruction. We hope such failure will be remedied if the State has any concern for safety of its citizens and the rule of law. The effectiveness of monitoring mechanism needs to be looked into. The erring officers need to be made accountable for such continuing failure.
5. In view of above, to ascertain the factual status, we constitute a three-member Committee comprising CPCB, Haryana State PCB and the District Magistrate, Gurgaon. The Committee may visit the site, interact with the stakeholders and take assistance from any other individual/institution and give its report within one month by e-mail by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF with a copy to the Chief Secretary, Haryana. The report may inter alia include causes of fire, reasons for unauthorized persons working in the landfill premises, progress on remediation of site and setting up of waste processing plant in 3 furtherance of order of this Tribunal dated 7.4.2021 in OA 514/2018, steps taken by the MCG to prevent sliding of garbage mound due to fire and during monsoon and status of compliance of Rules on relevant aspects. The report may also mention status of legacy waste dump site in terms of order dated 17.7.2019 in OA 519/2019.
6. The Chief Secretary, Haryana may give response within one month thereafter about remedial action taken to comply with the law and steps taken against erring officers for failure for long time to remedy the situation resulting into such ugly situation. The monitoring mechanism in place to ensure that such failures do not happen may also be mentioned. The report may be furnished by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF."
5. In pursuance of above, the joint Committee filed its report dated 25.03.2022 to the effect that violations are continuing. It is stated that there was a concession agreement dated 14.08.2017 between the Municipal Corporation Gurgaon (MCG) and Municipal Corporation Faridabad (MCF) on the one hand and the PP on the other for integrated solid waste management in Faridabad-Gurgaon cluster. The PP was to set up waste processing facility and manage the legacy waste. Fire incident dated 11.07.2021 at the landfill site was controlled on 12.07.2021.
Progress on legacy waste dump site was slow. Site was vulnerable to sliding during monsoon. The Committee made certain recommendations, including completion of work as per timeline and as per action plan.
Relevant extracts from the report are as follows:-
"3.3 Progress on remediation of legacy waste dumpsite 3.3.1 Treatment of legacy waste 17 trommels of capacity 300 TPD each having screen size of 4 mm, 16 mm and 35 mm have been installed (Annexure IV). Approx 33,00,000 MT of legacy waste is dumped at the site as informed by MCG. CPCB had earlier inspected this dumpsite in January 2021 in O.A No. 514/ 2018 and at that time also total dumped waste was reported as 33,00,000 MT indicating very little variation in the total quantity of waste dumped at the site. This is primarily due to the reason that fresh waste @ 2000 TPD is continued to be dumped at site. MCG informed that at 4 present the processing capacity of legacy waste is 5100 TPD. It was also informed by MCG that processing of additional 10000 TPD shall start by end of Oct-21, so total processing will be approx 15000 TPD. It was informed by MCG that presently in January 2022 the same has been complied by MCG and total processing is 15,000 TPD.
Approx 2000 TPD (Gurugram 1100 TPD & Faridabad 900 TPD) of fresh waste is continued to be dumped at the legacy waste dumpsite. Hence, net 3100 TPD of waste is currently being remediated at the site. It was informed that MCG and MCF have identified separate lands for processing of daily fresh waste, but due to large scale public agitation, they are not able to divert the fresh waste to the identified sites. The present height of the dumpsite is 38 m, as informed by MCG. As per report filed by CPCB in O.A 514/2018 in January 2021, the height of point of dumpsite was 40 m, indicating that there has been a very marginal decrease in height of the dumpsite during the intervening period. Waste is first excavated and bio remediated via windrows, turning of windrows and spray of bio-culture for 25-30 days (Annexure V). Waste is then turned periodically and temperature is noted. When temperature comes down to 35 0C, waste is brought to trommels for segregation.
Trommels are segregating waste into RDF, Inert and compost.
Compost is sent for use in parks and RDF to Waste to Energy Plant at Sonipat and Cement plants at Mangrol and Nimach. Inert are used for filling low lying areas. Biomining Process Flow sheet is enclosed as Annexure VI.
The present (January 2022) details as informed by MCG about Biomining of legacy waste (total waste Bio remediated, total waste available for biomining & total quantity of screened fractions formed & disposed) are given in table below:
Total Total Waste Total Total RDF (MT) Total Compost (MT) Total Inert (MT) Waste Available for Bio Bio bio mining, Mined Remedia after 35-40% waste tion (MT) decompositio n against (MT) total Bio-
remediation Obtained Disposed Obtained Disposed Obtained Disposed (MT) 140259 1023893 551947 220082 76226 111430 107455 215358 210995 2 There is difference in the waste available for Bio-Mining and total bio mined material. It was informed by MCG that this material was not bio-mined due to rain. There is also difference between the quantity of RDF obtained and the quantity disposed off. As informed, due to rain the moisture content of the RDF had increased and on the request of the cement plants and the Waste to Energy Plant the transportation of the RDF was put on hold.
The transportation of the same shall commence as the material 5 dry. Month wise Biomining Details at Bandhwari landfill site as provided by MCG is enclosed as Annexure VII. Copy of Biomining log book being maintained by MCG is enclosed as Annexure VIIa. It is observed that only 42 % of legacy waste dumped at the site has been remediated so far In addition, fresh waste approx 2000 TPD is continued to be received at the site hence there is no appreciable reduction in the total quantity of waste stored at the dumpsite. Further it is also observed that MCG has failed to adhere to the action plan submitted in Hon'ble NGT in the matter of Vivek Kamboj Vs. Union of India wherein it was submitted by Commissioner, MCG that by November, 2020, 20 working trommels would be installed at site and 27,00,000 tonne of waste would be bio-remediated. ULB, Haryana should fix responsibility of the erring officers of MCG.
Utilization of Screened fractions (Compost, Segregated Combustible Fractions (SCF) and Inert) Total quantity of segregated material utilized is 394676 MT which is 72 % of the total screened fraction produced indicating that approx one-third of the screened fraction produced has not been utilized so far. Details of utilization of screened fraction as informed by MCG is given below:
Compost/Good Earth Soil:
Out of 111430 MT segregated good earth soil, 107455 MT has been utilized in green belts and parks of the Municipal Corporation Gurugram (MCG), Municipal Corporation Faridabad (MCF), Gurugram Metropolitan Development Authority (GMDA) & Faridabad Metropolitan Development Authority (FMDA).
SCF (Segregated Combustible Fractions)/RDF Out of total 220082 MT segregated SCF, 76226 MT has been utilized by Cement Plants i.e. J.K. Cement Mangrol, Ultra Tech Cement Nimach and Waste to Energy plant at Murthal, Sonipat. The relevant documents (Vehicles, net weight details verified by MCG, Delivery Challan and Weight at Dharmkanta) of the RDF transportation to these plants, work order issued and agreement with cement plants for disposal of RDF is enclosed as Annexure VIII.
Inerts Out of 215358 MT segregated inerts, 210995 MT inerts used for filling of the low lying areas and preparation of the Ramps at site. Work Order issued to M/s Samunder Singh and M/s Tanwar Enterprises for disposal of Compost & Inerts enclosed as Annexure IX.
3.3.2 Action Plan for treatment of legacy waste 6 The action plan to treat the legacy waste as provided by MCG is attached as Annexure X. As per the Action Plan -
(a) The total quantity of legacy waste to be remediated is 3310000 MT.
(b) The treatment of legacy waste shall be completed by July 2022 as per the quantity TPD mentioned in the action plan.
It is observed that the action plan does not clearly indicate plan for treatment of fresh waste and the plan for utilization of screened fractions.
3.3.3 Leachate Treatment One Leachate treatment plant of 150 KLD and 2 Disc Tube Reverse Osmosis System (DTRO) of 200 KLD each have been installed, so the total treatment capacity of leachate is 550 KLD. One DTRO was operational during the visit.
The sample of untreated and treated leachate was collected from the inlet and outlet of that plant and analyzed at HSPCB Laboratory. The analysis report of HSPCB Laboratory is enclosed as Annexure XI. All the parameters were found within the limit for treated leachate as specified in Schedule II of SWM Rules 2016 except total dissolved solids which was 3150 mg/L against the prescribed limit of 2100 mg/L. 3.4. Progress on setting up of Waste to Energy plant MCG submitted that Waste to Energy shall be commissioned by October 2023. It will be an integrated waste management plant. The schedule for the commissioning of the plant in said time is enclosed as Annexure XII. Consent to Establish Common treatment and disposal facilities has been obtained (Annexure XIII) and 06 acre land out of total 10 Acre required land for Waste to Energy Plant has been reclaimed. During the visit it was informed by MCG that the complete land of 10 acres will be reclaimed by 30th Nov 2021 and same will be handed over to concessionaire to commission the Waste to Energy Plant. As per updated information received from MCG, total 10 acres of land has been cleared by shifting the waste from area identified for Waste to Energy plant at landfill site and handed over to concessionaire on 07.12.2021.
A meeting, chaired by Hon'ble CM of Haryana was held with the stakeholders on 7.12.2020. In the meeting, Municipal Corporation, Gurugram was directed to Bio-remediate the legacy waste in Bhandwari at the risk and cost of the Ecogreen. (Minutes of the meeting are enclosed as Annexure XIV).Thereafter, for reclamation of land identified for waste to energy plant, after tendering, work order dated 10.09.2021 for treating the legacy waste of total quantity of approx 200000 MT waste has been awarded by MCG to 7 M/s The Peoples Association for Total Help and Youth Applause (PATHEYA), enclosed as Annexure XV. The committee observed the progress of reclamation as slow and MCG informed that due to the frequent rains the progress is slow. MCG also informed that the M/s The Peoples Association is bound to complete the work within given time line. For any delay there is a provision of Penalties/Liquidity damages, in the agreement, "In case of delay in completion of the contract, liquidated damages @ (0.5%) half percent of the contract value per week of delay subject to a maximum of ten percent of the contract value should be levied on the contractor. The penalty damages mentioned in the Work Contract shall be levied on the contractor in addition to these penalties". It was informed by MCG that PATHEYA has cleared 10 acres land by shifting the waste from the area identified for the Waste to Energy plant. The bio-mining of 85000 MT of legacy waste has been completed till January 2022 and the processing of remaining 115000 MT waste is under progress.
3.5. Sliding of garbage out side from the SLF As informed by MCG the western side of the site is vulnerable to sliding during monsoon due to increase in the moisture content of garbage. To prevent the same the remediation work is being done in that area by making steps instead of steep side slopes (photograph is annexed as Annexure XVI). It was informed that the remediation of this area will be completed within the 03 months. It will prevent the sliding of garbage. No sliding has been reported during the last one year.
4.0 Recommendation:
The Municipal Corporation, Gurugram and M/s Ecogreen Energy Pvt. Ltd. may be directed to implement the following for the effective implementation of the Solid Waste Management, Rules 2016:
To make availability of Methane Gas Detectors at site so that area with high methane concentration can be identified and accordingly preventive actions can be taken. To restrict smoking in all areas of the sanitary landfill. Waste that is unloaded in the filling area should be examined visually for potential fire sources (glowing ash or glowing burning remains).
If fire sources are located, these have to be neutralized with cover material immediately.
Restriction of entry of unauthorized person should be ensured strictly.
The difference between the quantity of waste available for Biomining and quantity of waste biomined should be reduced by speeding up the Biomining work.
The RDF stored should be disposed off at the earliest.8
The commissioning of the Waste to Energy plant should be ensured as planned.
Action plan shall clearly indicate plan for treatment of fresh waste as well as for disposal of screened fractions. MC, Gurugram and M/s Ecogreen Energy Pvt. Ltd. will ensure that the processing of legacy waste at Bandhwari landfill site be done as per the timeline given in the Action Plan."
6. The Chief Secretary filed response to the above report on 12.05.2022 to the effect that the report was incomplete as senior officers were not associated. The Committee was required to revisit the report. Thereafter, a revised report dated 03.08.2022 was submitted. Relevant extracts from the said report are as follows:-
"3.0 Progress made as per action plan submitted by the NGT in the matter of OA No. 514/2018 titled as Vivek Kamboj &Anr.
Versus Union of India &Ors.
The total legacy waste bio-remediated by MCG till July, 2022 is only 19.43 lakh MT and bio-mined is only 10 Lakh MT whereas as per the action plan submitted in Hon'ble NGT, all the 33 lakh MT legacy waste should have been treated by this time i.e. 31.07.2022. MCG couldn't achieve the timelines of revised action plan submitted on 05.04.2021.
The revised timeline submitted by Municipal Corporation, Gurugram (MCG) during site inspection is attached as Annexure- B. In compliance of order dated 17.07.2019 in the matter of OA No. 519/2019 titled as Centre for Wildlife and Environment Litigation Versus Union of India & Ors., MCG has been directed by the Joint Committee to forfeit the ESCROW amount and also submit the details of the same to HSPCB, so that it could be operated by the Chief Secretary, Haryana.
In compliance of order dated 05.03.2019 in OA No. 514/2018, a Joint committee of CPCB, IIT Delhi and CSIR-NEERI submitted a report on damage due to Pollution from Bandhwari MSW landfill site. As per the study estimate, the total damage of about 148.46 crores was estimated due to externalities from Bandhwari dump site. Consequent upon persistent violations and regular failure of samples and in compliance of order dated 28.02.2020 & 14.12.2020 in OA No. 606/2018, HSPCB has imposed Environmental Compensation of Rs. 2,10,00,000/- (Two Crore & ten lacs) i.e. 10 lacs per month on Municipal Corporation, Gurugram for the non compliances made at the landfill site for the months from April, 2020 to Dec, 2021. A Show Cause Notice for imposing Environmental Compensation of Rs. 70,00,000/- (Seventy lacs only) has 9 been served to the Municipal Corporation, Gurugram for the non compliances made at the landfill site for the months from Jan, 2022 to July, 2022. HSPCB has sought names of Commissioners and other officers/persons of Municipal Corporation, Gurugram/agencies, alongwith their working tenure and their present correspondence address, who are responsible for operation of Municipal Solid Waste Management Facility at Village Bandhwari, Gurugram from 2010 to till date for filling complaint under Water Act, 1974, Air Act, 1981 & EP Act, 1986 for violation of relevant Acts and Solid Waste Management Rules, 2016.
3.1 Violations found during site inspection of Bandhwari landfill site:
During site inspection, main violation observed are listed below:-
1. Guidelines for disposal of legacy waste issued on Feb, 2019 by CPCB is not being adhered completely
2. For the treatment of leachate generated from the solid waste three treatments units were found established. Out of which One DTRO of 200 KLD capacity was operating satisfactory and another DTRO of 200 KLD capacity was under maintenance.
Biological Leachate treatment plant is not functional and lying abandoned. Treatment capacity of the leachate treatment units considering the peak flow as well during monsoon is required to be enhanced.
3. It was observed that leachate generation is approx. 350 KLD except rainy season. There are 7 nos. of leachate pond at Bandhwari Landfill site which have storage capacity of 36000 KL and some portion is still available for leachate storage.
4. Flowing of leachate from the landfill site on the adjoining village road including forest land patch was observed during the visit by way of breaking boundary wall which becomes more frequent during rainy seasons.
5. Spillage of leachate within the premises is also a serious challenge during rainyseasons.
3.2 Non-compliance observed regarding Fire control measures:
CPCB has issued directions under section 5 of Environment (Protection) Act, 1986 for implementation of the Solid waste Management, 2016-regarding fire incidents at MSW Dumpsites vide letter No. CP-99/143/2021-UPC-II-HO-CPCB-HO dated 26.05.2022 to the Chairman of all SPCBs/ PCCs. MCG has not submitted any on site emergency plan to cover potential risk/emergencies due to fire to the Joint Committee. Methane gas detectors have not been installed at the site. However, 8 fire extinguisher and 3 dedicated fire tenders alongwith mist sprayer to control the dust & rise in temperature are provided at the landfill site.10
3.3 Gaps identified in the execution and operation of Bandhwari landfill site:
1. The major gap identified regarding non compliance of solid waste management rules is non segregation of waste by the Waste generators. MCG has submitted that the source segregation of the solid waste in Gurugram and Faridabad is about 10-12%. The daily generated MSW is being dumped without any processing at Bandhwari Landfill site resulting into increase in quantity of dumped waste unscientifically.
2. Space constraint: A huge quantity of waste i.e. 30.50 lakhs MT (23 Lakh MT legacy waste, 7.50 Lakh previous year waste) is already dumped in 18 acres of the landfill site, resulting in 42 meter height of dump site. The fresh waste of Gurugram and Faridabad District which is around 2,100 MT per day is again dumped on this 42 meter heap of waste, resulting in generation of huge amount of leachate. Due to the space constraint the waste sliding occurs frequently on site. The sliding of waste is also a threat to the dumpers which dump the waste at that height. As per the technical feasibility report of integrated Solid Waste Management, Haryana, Faridabad cluster, February, 2016, 40 acres of land is required for the treatment of 1100 MT Per day of Solid waste, which implies that approximately 80 acres of land is required for execution & operation of integrated Solid Waste Management site of Gurugram & Faridabad District. The technical feasibility report is attached as Annexure-C. Disposal of Generated RDF The Refuse Derived Fuel (RDF) generated during the treatment of the legacy waste was seen being collected in an open area within the premises of the site. The estimated quantity of the RDF generated till date is 3.75 lakh MT. The MCG has entered into an agreement with M/s The People's Association for the treatment of legacy waste which also includes disposal of the RDF. The total quantity of RDF disposal till date is 3.35 Lakh MT. The remaining quantity of 0.40 lakh MT is still lying at site.
This remaining quantity is occupying an area of approx. 1.5 Acres, which further reduces the space availability at the site. The disposal of the RDF has been severely constrained because of the non-availability of disposal facility in the vicinity. There is no Waste to Energy (WTE) Plants in the immediate vicinity that can consume the RDF generated in this facility. WTE plants in Delhi and Haryana have excess RDF from their own MSW treatment sites and the cement industries, which can use RDF as alternative fuel, are at a distance of over 400 kms. Establishment of Waste to Energy Plant The MCG has been granted Environmental Clearance vide letter No. F.No.10-74/2016-IA.III dated 01.11.2019 for setting up a 15 11 MW Waste to Energy Plant. The space required for setting up this plant is 10 Acres. The setting up of the WTE plant is expected to take about 24 months. This will resolve the issue of disposal of RDFs as well."
7. The response of the Chief Secretary filed on 22.09.2022 giving the following revised timeline for remediation of legacy waste:-
"
Sr. No. Period Target of legacy Cumulative waste processing targets in quarter (in Lakh (in Lakh MT) 1 Upto December, 2022 7.2 7.2 2 Jan, 2023 to March, 2023 6.8 14 3 April, 2023 to June, 2023 8.0 22 4 July, 2023 to September, 2.4 24.4 5 October, 2023 toDecember, 5.6 30 2023 "
8. It is further stated that HSPCB has imposed environmental compensation on MCG @ Rs. 10 lakhs per month amounting to Rs. 2.10 Crores and 17 Lakhs for non-compliances. MCG has deposited Rs. 2.8 Crores with the HSPCB. Steps have been taken for other remedial measures also.
C Proceedings before the Tribunal, Violations and way forward
9. We have duly considered the matter and find that even after almost seven years of continuous monitoring by this Tribunal, there is hardly any meaningful progress in clearing the legacy waste. The statutory timelines under Rule 22 of the Solid Waste Management Rules has expired. The directions of this Tribunal in O.A. No. 606/2018 in pursuance of the order of the Hon'ble Supreme Court dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel vs. Union of India & Ors have also not been complied with.
10. While transferring the issue of solid waste management vide Order dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel Vs. Union 12 of India & Ors., the Hon'ble Supreme Court observed "handling of solid municipal waste is a perennial challenge and would require constant efforts and monitoring with a view to making the municipal authorities concerned accountable, taking note of dereliction, if any, issuing suitable directions consistent with the said Rules and direction incidental to the purpose underlying the Rules such as upgradation of technology wherever possible. All these matters can, in our opinion, be best left to be handled by the National Green Tribunal established under the National Green Tribunal Act, 2010. The Tribunal, it is common ground, is not only equipped with the necessary expertise to examine and deal with the environment related issues but is also competent to issue in appropriate cases directions considered necessary for enforcing the statutory provisions."
11. Before transferring the said proceedings, matter was monitored by Hon'ble Supreme Court for about eighteen years and orders passed include (2000) 2 SCC 679 and (2004) 13 SCC 538, directing scientific disposal of waste by setting up of compost plants/processing plants, preventing water percolation through heaps of garbage, creating focused 'solid waste management cells' in all States and complying with the Municipal Solid Waste Management Rules, 2000 (now replaced by SWM Rules, 2016). It was observed that the local authorities constituted for providing services to the citizens are lethargic and insufficient in their functioning which is impermissible. Non-accountability has led to lack of effort on the part of the employees. Domestic garbage and sewage along with poor drainage system in an unplanned manner contribute heavily to the problem of solid waste. The number of slums have multiplied significantly occupying large areas of public land. Promise of free land attracts more land grabbers. Instead of "slum clearance" there is "slum 13 creation" in cities which is further aggravating the problem of domestic waste being strewn in the open. Accordingly, the Court directed that provisions pertaining to sanitation and public health be complied with, streets and public premises be cleaned daily, statutory authorities levy and recover charges from any person violating laws and ensure scientific disposal of waste, landfill sites be identified keeping in mind requirement of the city for next 20 years and environmental considerations, sites be identified for setting up of compost plants, steps be taken to prevent fresh encroachments and compliance report be submitted within eight weeks. Further observations in the judgment of the Hon'ble Supreme Court2are:
"3. The petitioner has handed over a note in the Court showing the progress that has been made in some of the States and also setting out some of the suggestions, including the suggestion for creation of solid waste management cell, so as to put a focus on the issue and also to provide incentives to those who perform well as was tried in some of the States. The said note states as under:
"1. As a result of the Hon'ble Supreme Court's orders on 26- 7-2004, in Maharashtra the number of authorisations granted for solid waste management (SWM) has increased from 32% to 98%, in Gujarat from 58% to 92% and in M.P. from NIL to 34%. No affidavits at all have been received from the 24 other States/UTs for which CPCB reported NIL or less than 3% authorisations in February 2004. All these States and their SPCBs can study and learn from Karnataka, Maharashtra and Gujarat's successes.
2. All States/UTs and their SPCBs/PCCs have totally ignored the improvement of existing open dumps, due by 31-12-2001, let alone identifying and monitoring the existing sites. Simple steps can be taken immediately at almost no cost by every single ULB to prevent monsoon water percolation through the heaps, which produces highly polluting black run-off (leachate). Waste heaps can be made convex to eliminate standing water, upslope diversion drains can prevent water inflow, downslope diversion drains can capture leachate for recirculation onto the heaps, and disused heaps can be given soil cover for vegetative healing.
2 (2004) 13 SCC 538 14
3. Lack of funds is no excuse for inaction. Smaller towns in every State should go and learn from Suryapet in A.P. (population 103,000) and Namakkal in T.N. (population 53,000) which have both seen dustbin-free 'zero garbage towns' complying with the MSW Rules since 2003 with no financial input from the State or the Centre, just good management and a sense of commitment.
4. States seem to use the Rules as an excuse to milk funds from the Centre, by making that a precondition for action and inflating waste processing costs 2-3 fold. The Supreme Court Committee recommended 1/3 contribution each from the city, State and Centre. Before seeking 70-80% Centre's contribution, every State should first ensure that each city first spends its own share to immediately make its wastes non-polluting by simple sanitising/stabilising, which is always the first step in composting viz. inoculate the waste with cow dung solution or bio culture and placing it in windrows (long heaps) which are turned at least once or twice over a period of 45 to 60 days.
5. Unless each State creates a focussed 'solid waste management cell' and rewards its cities for good performance, both of which Maharashtra has done, compliance with the MSW Rules seems to be an illusion.
6. The admitted position is that the MSW Rules have not been complied with even after four years. None of the functionaries have bothered or discharged their duties to ensure compliance. Even existing dumps have not been improved. Thus deeper thought and urgent and immediate action is necessary to ensure compliance in future."
12. In this regard, reference may also be made to orders of Hon'ble Supreme Court in Municipal Council, Ratlam vs. Vardhichand3 and B.L. Wadhera v. Union of India and Ors.4 laying down that clean environment is fundamental right of citizens under Article 21 and it is for the local bodies as well as the State to ensure that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded. We note that even after 26 years of monitoring, 18 years by 3 (1980) 4 SCC 162 4 (1996) 2 SCC 594 15 Hon'ble Supreme Court and eight years by this Tribunal, ground situation remains unsatisfactory.
13. While problems of space availability etc. have been put forward, we do not find problems to be insurmountable if there is will and high priority.
It is not an individual which is handling the situation but the State authorities having adequate powers and resources. Situation is of environmental emergency but not handled with seriousness required. Even the Chief Secretary found that report was prepared without associating senior officers which itself shows lack of seriousness inspite of continuing serious damage and earlier binding orders. This calls for mission mode approach and stringent measures. The Tribunal has to determine liability for past failures on polluter pays principle and to direct remedial action in time bound manner for protection of environment and public health.
14. We briefly note earlier orders of this Tribunal in OA No. 415/2015, later renumbered as OA 514/2018 showing that failure has been continuing for last seven years.
15. Vide order dated 21.08.2018, the Tribunal inter-alia observed:-
"1&2..xxx.......................................xxx...............................xxx
3. Accordingly, an affidavit of compliance has been filed on 08.08.2018. We find that there is no substantial compliance, as expected. The status of compliance mentioned in the astffidavit is as follows:
"SN CPCB ACTIONS TAKEN BY THE RESPONDENT a) Assess the total Complied quantity of waste accumulated at dump site. b) Prepare a plan for PHASE I
complete reclamation Temporary facility for of waste in time production of RDF from waste bound manner. will be ready by March 2019.
16 PHASE II Design of RDF plant is completed. Procurement activities have started. Progress of work is slow as the conditions precedent (signing of PPA etc.) Not fulfilled thus impacting import of key equipment. c) Compound wall Complied should be constructed immediately where compound wall is collapsed. d) The storm water Storm water drainage system is drain should be designed as follows to avoid designed and mixing of rain water with constructed in such a leachate. way that the surface runoff water is i) The level at the entrance diverted from the to the site boundary is land filling site and raised. Trench made in leachate from solid front of the boundary waste locations do wall to direct rain water not get mixed with outside the site the surface runoff boundary. water. Provisions for ii) It is planned to separate diversion of storm the waste handling area water discharge from plant area. The drains shall be made drainage system from to minimize the the two areas shall be leachate generation entirely separate. and prevent pollution of surface water and iii) The drainage system for also for avoiding the landfill and other flooding and creation areas where waste is of marshy handled shall be in the conditions. form of arterial drains leading to common lined pits from where it will be pumped to the leachate treatment plant. e), f) Provisions of Leachate treatment plant has management of been commissioned and nearly leachate including its 1000 KL leachate has been collection and pumped into the plant. One Treatment should be more lined leachate storage tank made. Proper of 10m dia is under collection must be construction. This will increase ensured for the storage capacity for leachate. leachate which is oozing out of the landfill site. All the leachate must be diverted to leachate collection tanks. Storage capacity of the Leachate collection tank 17 should be increased to handle leachate generation during the monsoon season. Leachate collection tank should be lined. g) In case of mixing of Design capacity of leachate runoff water with collection and equalization tank leachate or solid is designed to take care of this waste, the entire condition. mixed water should be treated by the concerned authority. h) The end product The compost produced will be as compost should meet the per standards prescribed the standards under Fertilizer Control Order prescribed under notified from time to time. Fertilizer Control Order notified from time to time. i) Record should be Spraying of anti-odorant has maintained been carried out since the regarding the respondent has taken over spraying of anti- management of Bandhwari site odorant. And action i.e. 21.09.2017 and record is plan should be being maintained. prepared to mitigate the odor nuisance from the site. l) Proper record should After the processing plant starts be maintained for functioning, proper records for disposal of insert disposal of inert waste, waste, recyclable recyclable materials and material and compost shall be maintained. compost. m) Green belt should be Layout Plan for establishment of developed all around green belt has been submitted to the boundary of the MOEF as a part of environment landfill within the clearance submission. Same site plan. will be implemented as soon as the environmental clearance is received from MOEF. n) All the provision of All the provision of the Solid the Solid Waste Waste Management Rules, 2016 Management Rules will be complied with time as 2016 should be project is being made complied. operational in different phases."
"RECOMMENDATIONS MADE IN ORDER DATED 10.07.2018
1. The The rules have assigned the responsibility of concessionaire segregation of waste to the waste generator. On shall its part, the respondent shall handle and implement the process the segregated waste in a scientific segregation of way.
municipal solid waste at 18 source as per rules.
2. Issues The article refers to following:
referred in the Water contamination - MCG is seized of the Hindustan subject and has planned to conduct study of Times article borewells near the Bandhwari site. The same dated is not under the purview of Respondent. 27.06.2018. Pollution-The Respondent is taking all care to contain the foul smell and breeding of insects and flies by spraying special chemicals for the same and the situation is well under control."
4. It is clear from the above that compliance claimed against directions - a,b,d,e,f and m is no compliance. The compliance of recommendations made in the order dated 10.07.2018 is also hardly compliance. Mere statement that compliance will be done in the future is not enough.
5. In view of the above, M/s Ecogreen Energy Gurgaon Faridabad Pvt. Ltd. is directed to pay interim compensation of Rs. 2.5 lakhs for damage to the environment under Section 15(2) of the National Green Tribunal Act, 2010. The amount may be deposited with the State Pollution Control Board.
6. The above amount may have to be increased, if any violation continues. We direct the Central Pollution Control Board and State Pollution Control Board to conduct an inspection within 4 weeks from today to ascertain the extent of compliance. M/s Ecogreen Energy Gurgaon Faridabad Pvt. Ltd. is also permitted to file any further affidavit in the matter, as prayed."
16. Again vide order dated 14.03.2019, it was observed :-
"1to3...xxx...................................xxx....................................xxx
4. An action plan has been filed which proposes setting up of segregation unit for the incoming waste and inviting experts for scientific treatment of legacy waste and leachate. Since most of the remedial actions mentioned in action plan are proposed to be undertaken in future, in the light of serious past failures, it will be appropriate that the Municipal Corporation, Gurgaon is required to furnish performance guarantee in the sum of Rs. 25 lakhs to the satisfaction of CPCB within one month undertaking to comply with the steps mentioned in the action plan, within the timelines proposed. We order accordingly. It is made clear that the amount of Rs. 25 lakhs will stand forfeited in the case of default and may be recovered from the erring officers of the Corporation."
17. Vide order dated 23.04.2019 compliance status was again found to be unsatisfactory and it was suggested that the existing contractor may be 19 replaced by a suitable contractor who can perform, if necessary. The relevant observations are quoted below:-
"1to6..xxx..................................xxx......................................xxx
7. Affidavit of compliance filed by the Gurgaon Municipal Corporation merely mentions that performance guarantee of Rs. 25 Lakhs has been furnished. The Joint Committee to determine damages has sought time but it mentions that the status of existing landfill site is unsatisfactory. The legacy waste is about 25 lakhs tonnes. On daily basis, mixed waste is being dumped in violation of Solid Waste Management Rules, 2016 and the Sanitary Landfill Guidelines. The waste was being often burnt resulting in air pollution. Condition of the landfill site is pathetic which is a source of environment degradation. Movement of trucks in the dusty roads leads to further pollution. Recommendations of the report are as follows:
"Recommendations:
1. It is opined that the proposed Integrated Municipal Solid Waste Management Processing Facility may be treated as Waste Processing Facility, wherein energy generation including power and biogas is necessary element.
2. The MCG shall set-up Material Recovery Facility (MRF) and ensure to provide segregated MSW (Dry & Wet) to the waste processing facility.
3. In view of huge amount of legacy waste and leachate existing at the proposed site, proposal for disposal/treatment of this waste should also be taken up as per the Guidelines issued by CPU titled as "Disposal of Legacy Waste (Old MSW)".
4. The Municipal Corporations of Gurugram and Faridabad and M/s Ecogreen Energy Ltd, Gurugram shall ensure disposal of Legacy Solid Waste and Leachate along with fresh waste. MCG shall also set-up material recovery facility (M12.1,) to segregate various categories of wastes so that lesser quantity of waste goes to the facility.
5. Municipal Corporation Gurugram and Faridabad shall take I3ank Guarantee from the M/s. Ecogreen Energy Ltd., Gurugram for disposal of fresh and Legacy waste. 6. In view of the presence of Aravali hills and Asola Wildlife Sanctuary (existing within 6 km in North East direction from the project site), an Assessment Study for existing soil, underground water, surface water, ecology and air quality for present situation as well for future scenario for Waste Processing Plant and Legacy Waste Management may he conducted by expert agencies.
7. To assess the damage caused to the soil, under-ground water quality, flora & fauna and air quaLITy, it is required to carry out in-depth study of soil, under-ground water quality and air quality through an expert agency like NIH, Roorkee, NEERI, IlTs etc."
208. The above sorry state of affairs requires emergency measures at the highest level of the State. The actions must include prompt steps to deal with the situation. If necessary, replacing the existing contractor with a suitable contractor who can perform. Punitive action be taken against the officers failing to handle the situation. This task must be undertaken under the directions of the Chief Secretary of the State. The Chief Secretary of the State will be at liberty to take disciplinary action as well as prosecution of all concerned and furnish an action taken report in the matter. It will also be open to stop the salary of the officers who are not able to perform or to replace the officers with more competent officers who can deliver on the ground level. These directions have become necessary to protect public health which is under serious threat on account of failure of the administration."
18. Again, vide order dated 19.11.2019 it was observed:-
"1to6..xxx...............................xxx........................................xxx
7. We are of the view that there is need to take further meaningful and prompt action by preparing an appropriate action plan and executing it so as to clear the legacy waste in shortest possible time but within six months. This timeline is being fixed in view of long time which has already gone in the process. It may be ensured that bio- remediation is carried out rather than mere mechanical separation. Failure to comply may result in coercive action, including stoppage of salaries and entries in ACRs of concerned Municipal Commissioners. Municipal Commissioner, Gurgaon may file progress report as on 15.01.2020 by 20.01.2020 by e-mail at [email protected]. CPCB may evaluate whether clearance of legacy is being done as per applicable guidelines and furnish a report before the next date by e- mail at [email protected]."
19. CPCB filed its report dated 13.02.2020 on the subject of quantum of damage caused to the environment in monitory terms in pursuance of order dated 19.11.2019 was assessed as follows:-
"2.0 Observations: -
a) In compliance of Para 5 of Hon'ble NGT's Order in the matter, Report on "Damage Cost Assessment due to pollution from Bandhwari MSW landfill site" as prepared by NEERI is placed at Annexure-A. Damage to environment in monetary terms for Air pollution, Water pollution, Soil pollution, Climatic (GHG emissions) and Aesthetics has been taken into consideration in the report and damage cost to environment is estimated at Rs 148.46 crores.
Break up of Monetary Estimation of Damages is given in following Table 1.
21Table 1 : Break Up of Monetary Estimation of Damages Environment Estimated Damage Cost in Lakhs, INR Air Nil Water 2900 Soil 31* Climatic (for last 5 years) 7,000 Aesthetic 4,946 Total 14,846 *Soil value is not considered in total, to avoid double counting, as it based on total quantum of heavy metal from leachate which is considered in water as well."
20. The basis for calculation was the impact of pollution of air by the landfill emissions. Observations are reproduced below:-
"Harmful emissions due to landfill affecting receptors such as human wellbeing, biodiversity & natural environment are dependent on parameters such as site-specific conditions (Eg:
Meteorological condition, water quality, etc), emission type and exposure rate. The exposure of these impact, based on dependent parameters, has long term negative impact which is estimated in terms of monetary damages.
Impact drivers Reduced air Adverse impacts on
quality, soil Society and
Leachate release contamination, Environment Health
Waste management site at surface and ground impacts Aesthetic loss
vicinity Emission of water Climate change Other
pollutant Greenhouse Gas contamination, odor ecosystem service
emission losses
Effect of Air
Emission from
vehicle
Waste Waste
generation collection
Green CH 4 , CO 2
house
Open
gases
burning
22
Disamenity Waste Informal
segregation dumping
Unit
Composting Land fill Incineration
Leachate
Leachate
Effect on
ground/surface
water quality &
soil quality
Fig. 3 generic impact pathway of emission from municipal dumpsite Table 1 shows the likely impact due to emission from landfill on human wellbeing and natural environment. The likely occurring damages are identified in terms of measurable and non- measurable impacts. The intangible externalities due to odor and noise were evaluated indirectly in terms of aesthetic loss/disamenity cost.
Damages Medium Mortality Morbidity Soil Effect on Water Climate Disamenity
Quality Quality changes
agriculture
Emissions
crop yield
Particulate Air x x (x)
Matter
NOx, SOx Air x x
CO Air x x x
Leachate Soil & (c) (x) x (x) x (x)
Water
CH4, CO2 Air x
Odor Air (x)
Noise Air (x) (x) (x)
4.1 Air Quality -- Dwellers in and around the landfill site can be subjected to various health issues which may lead to 23 mortality/morbidity, due to the release of pollutants such as PMio, PM 2 .5 , SOx, NOx, CO from solid waste processing steps.
Monitoring and damage assessment have been carried for above pollutants. Given the time and resource constraint, VOCs like Benzene and Benzopyrene have not be evaluated. The identified emission sources are collection vehicles, decomposition of MSW open burning near the dumpsite. Damage estimated is based on emission rate and level of exposure of the dwellers. Health issues are not limited to deteriorated air quality but also by consumption of water contaminated with heavy metals through leachate. Damage cost for the same is evaluated and included in the report. 4.2 Soil & Water quality -- Soil and water (Ground/Surface) is contaminated due to leaching of leachate via poor lining or by direct discharge of leachate without treatment. Either of cases, various trace metals such as Lead (Pb), Cadmium (Cd), Mercury (Hg), dioxins, Antinomy (Sb), Arsenic (Ar), Barium (Ba), Beryllium (Be), Copper (Cu), Chromium (Cr), Nickel (Ni), selenium (Se) and Zinc (Zn) are found in considerable amount affecting the quality of soil and water. After-effects of the contamination in terms of both environmental and health effects are taken into account for the valuation of damage.
4.3 Climatic changes - The landfill gases are the natural by- product of the decomposition of organic material in landfills. The major gases are carbon dioxide (CO2) and Methane (CH4) which contributes to global warming and are termed as greenhouse gases (GHG). Increase in GHG results in warming up of the planet. Increase in temperature results in a change in rainfall pattern, sea level, storm pattern ultimately leading to climate change. Other than these, non-methane hydrocarbon also get released from the decomposition in small quantity compared to these major gases.
4.4 Disamenity -- Disamenity is loss or discomfort to dwellers due to various processing units of solid waste management. This process results in obnoxious odor, noise, visual pollution, dust generation, etc. The discomforts thus caused to dwellers are evaluated in terms of reduction in property value than the actual market price."
21. In response to the said report, the Commissioner, MCG filed response on 26.02.2020. The Tribunal, vide order dated 27.02.2020, noted the action plan and progress report of the MCG as follows:
"xxx ........................................xxx...................................xxx
3. Accordingly, an action plan and progress report as on 26.02.2020 has been filed by the Commissioner, Municipal Corporation, Gurgaon inter-alia stating as follows:24
"3. Treatment and disposal of fresh MSW by Municipal Corporations of Gurugram and Faridabad, (hereinafter called as "MCG" & "MCF"):-
i. in order to reduce pressure at the Bandhwari Landfill Site due to combined disposal of approximate 1900 metric tons per day of fresh MSW from both the Corporations, it has been decided by both the Corporations to scientifically process fresh waste at new sites, so that legacy MSW at Bandhwari site can be treated within the timeline mention by this Hon'ble Tribunal. This has been necessitated by lack of available space at Bandhwari site to handle both Fresh & Legacy MSW simultaneously.
ii. That to process the approximate 1900 Metric tons of fresh MSW daily within the jurisdiction of both Corporations, in scientific manner as prescribed by SWM Rules 2016 and CPCB, it has been decided that from 15th March 2020 onwards fresh MSW of both Corporations will be transported and bio-remediated for 4-5 weeks at the new identified site. iii. That the possession of the new identified sites have been taken by both the Corporations in their respective jurisdictions for scientific treatment and disposal of fresh MSW, copy of both are annexed herewith. (Annexure R/1 and R/2) iv. That the layout plans of the both fresh MSW processing facilities have been prepared by both Corporations for the execution of work and the same is annexed herewith (Annexure - R/3 &R/4) v. That as per guidelines of CPCB, sites are being lined up with HDPE membrane and the proposed combined processing capacity of both sites is (1200 MT from MCG + 900 MT from MCF) = 2100 TPD. Work for treatment of fresh MSW is proposed to be done by both Corporations on their own through assistance of solid waste management experts. The schedule of deployment of trommels at the new sites for bio- mining of bio-remediated fresh MSW is as under: For Gurugram:-
Sr. No. Schedule Schedule of Deployment
1 Trommel 1 (Capacity of 300 On or before 11th March 2020
TPD in single shift).
2 Trommel 2 (Capacity of 300 On or before 25th March 2020
TPD in single shift).
3 Trommel 3 (Capacity of 300 On or before 5th April 2020
TPD in single shift).
4 Trommel 4 (Capacity of 300 On or before 19h April 2020
TPD in single shift).
For Faridabad
Sr.
Schedule Schedule of Deployment
No.
25
1 Trommel 1 (Capacity of 300 TPD On or before 11th March 2020
in single shift).
2 Trommel 2 (Capacity of 300 TPD On or before 25th March
in single shift). 2020
3 Trommel 3 (Capacity of 300 TPD On or before 5th April 2020
in single shift).
vi. Considering the future annual increase of 5% in waste generated within both Corporations, the above proposed processing capacity at both sites will be sufficient for next 3 years.
vii. That bio remediation of fresh MSW is expected to start from 15th March 2020 onwards, as per the CPCB guidelines for bio-stabilization through windrow methodology and spray of bio culture. After the fresh MSW is stabilised for 4-5 weeks in windrows, bio- mining will start from 15th April 2020 onwards, however, installation of trommels will start from 11th March onwards. Till the time stabilized waste is ready for bio-mining, the waste processing capacity will be of 2100 TPD. Further, by adopting the CPCB guidelines for bio-stabilization of fresh waste it will be ensured that minimum leachate is generated and necessary steps for safe collection of same will be done at the processing site. The collected leachate will be transported to CETP, Manesar (Gurugram) and CETP, Sector-25 (Faridabad) respectively for scientific treatment and final disposal, viii. Both the Corporations have already done arrangements for disposal of byproduct, which will be generated after bio-mining process, such as : Refuse--Derived Fuel (RDF) will be sent to nearby cement kilns and Waste to Energy plants C&D waste recovered from bio-mining will be sent to C&D waste processing plant of MCG, which is situated next to the site of proposed MSW processing plant.
100 % reuse of compost in parks, gardens, dividers etc. under the jurisdiction of MCG & MCF
4. Treatment of Legacy MSW at Bandhwari:-
i. That from 15th March 2020 onwards fresh MSW will not be transported to Bandhwari by both Municipal Corporation Gurugram and Municipal Corporation Faridabad.
ii. That considering the legacy MSW at the site, which is approximately 27.5 Lacs MT, the MCG will immediately install necessary processing capacity / infrastructure to the tune of 1800 TPD within next 45 days for treatment of legacy MSW, which will be further enhanced as per below given schedule. iii. That further segregated fraction of Refuse-Derived Fuel (RDF) and compost of around 5000 MT, which 26 was stored at Bandhwari site has been removed with immediate effect to create additional space for installation of additional processing capacity of 1200 TPD. Compost has been utilized for horticulture by MCG and RDF has been channelized to nearby cement klins and Waste-to-Energy plants. iv. That additionally 2 DTROs (Disc-type Reverse Osmosis units) have been made operational at site with leachate processing capacity of 400 KLD. With the current processing capacity 4-5 acres of space occupied by leachate storage ponds will also be cleared in next 4 months and additional space will be created for further installation of processing capacity as per the below mentioned schedule. v. That further, to treat total 27.5 lakhs MT within timeline as directed by this Hon'ble Tribunal, the revised schedule/action plan has been prepared for installation of higher processing capacity at Bandhwari site by MCG for treating legacy waste in shortest possible time. Currently 02 trommels of 600 TPD are operational at site and process of installation of additional 02 trammels with 600 TPD capacity will be completed by 3rd week of March 2020. The revised action plan for installation of additional capacity for treating legacy MSW is as under:-
Waste to
Waste to
Trommel Capacity the bio-
No. of the Bio
Sr. Machine of each mined by
working remediati
No. Installation trommel working in
Trommels on (In
Time (TPD) two shift
Ton)
(In Ton)
1 March 2020 4 300 TPD 100000 72000
2 April 2020 6 300 TPD 150000 108000
3 May 2020 8 300 TPD 200000 144000
4 June 2020 10 300 TPD 250000 180000
5 July 2020 12 300 TPD 300000 216000
6 August 14 300 TPD 350000 252000
2020
7 September 16 300 TPD 400000 288000
2020
8 October 18 300 TPD 450000 324000
2020
9 November 20 300 TPD 500000 360000
2020
Total 27,00,000 19,44,000
vi. The above revised action plan has been made considering that the weight of dumped legacy MSW will be reduced by 40% after proper stabilisation 27 and bio-remediation and the reduced weight will be processed through bio-mining.
vii. That as per the direction of this Hon'ble Tribunal, MCG will undertake processing of legacy MSW on its own through assistance of solid waste management experts instead of further relying on the concessionaire.
viii. That in pursuance to the detailed environmental damage cost assessment report submitted by CPCB and NEERI before this Hon'ble Tribunal, the contents of which are being examined in detail by state government for suitable remedial actions, MCG undertakes to discharge its due responsibility to prevent future potential environmental damage by ensuring compliance of safeguards prescribed under SWM Rules 2016 and CPCB guidelines."
22. Accordingly, further time was given to take steps as proposed which were to be completed by November 2020. The matter was further reviewed on 30.09.2020 and situation was found to be far from satisfactory.
Relevant extract from the order is reproduced below:
"xxx ........................................xxx...................................xxx
7. The perusal of the above shows that the remediation presently happening is by employing eight machines of 300 TPD each i.e. 2400 TPD per day. Per day fresh generation of the waste which is arriving at the site is 2000 TPD. Thus, the situation is far from satisfactory. The number of the trommel machines needs to be suitably increased, apart from other steps. While the Commissioner, Municipal Corporation, Gurgaon, present in person through Video Conferencing, has stated the number of machines is likely to increase to 20 and the Corporation is open to examine appropriate increase, we are of the view that having regard to the long pending problem and need for expeditious action, suitable increase of machines, preferably upto 50 or more is required to be explored, in phases, if not immediately. We understand that sufficient numbers of machines are now available and the Ahmedabad and Indore Municipal Corporations have hired number of machines for similar activity. The Municipal Corporation, Gurgaon may interact with the said Corporations where similar work has been executed with better speed. The Municipal Corporation may ensure that since presently the trommels are being operated on generator sets which may be detrimental to the environment, alternative arrangement of dedicated electricity supply for the purpose may be made at the earliest, preferably within two months. We are told that there is a monitoring at the State Level also. We expect the Additional Chief Secretary, Local Bodies and the Commissioner, Municipal Corporation to jointly oversee the expeditious execution of the remediation activity, using such coercive authority as may be necessary against non-performing officers or agencies employed for the work. The priority of the Corporation has to be expeditious removal of the waste in a scientific manner, in the 28 interest of public health and the environment. It is made clear that if there is inadequate progress even in the further extended time, the Tribunal may have to require the personal presence of the Chief Secretary and pass necessary coercive orders.
8. We may also consider the report filed by the CPCB on 24.09.2020. The information given in tabular form is as follows:-
"Table 1: Overview of the CPCB observations vis-a-vis action plan of MCG Sl. Major points of action plan Observations made by No. dated 26-2-2020 of Municipal CPCB and HSPCB Corporation, Gurugram 1 Treatment of fresh waste 1a Treatment & disposal of fresh MSW • As informed it could not be by Municipal Corporations of undertaken at Farukh Nagar Gurugram and Faridabad at new site due to public protest.
identified sites at Farukkh Nagar and Sihi • At Sihi site, boundary wall and foundation to install trommels are being constructed, but no lining system has been done provided as per Schedule-I of Solid Waste Management Rules,2016. This site was also inspected on 18-9-2020.
1b No fresh waste dumping at Fresh waste @ 2000 TPD is Bandhwari site from 15th March, still being dumped at 2020. Bandhwari site.
2 Treatment of legacy waste at Bandhwari 2a 16 working September, 2020 • 8 trommels of capacity 300 TPD each having screen size of 6mm, 16 mm and 35 mm are operational in one shift and 1 more trommel is under installation. (Annexure-11).
• Operation is not continuous,
only 1 or 2 trommels were
in operation till 15
29
September, 2020 that also
for short time.
2b 17.5 lakh ton legacy waste to be bio Only 0.85 lakh MT waste remediated by September, 2020 has been Bioremediated and out of it, 0.20 Lakh MT has been passed through trommels, Remaining 0.65 lakh MT stabilized waste is not screened and dumped on site.
2c Take-off of segregated fractions • Remediated Waste is (Compost, RDF, Inerts). segregated into RDF, Inert and compost.
• As informed, approx. 3000 MT Compost is sent for use in parks and 9000 MT RDF to WTE & cement plant. 8000 MT Inerts has been sent for use in filling low lying areas.
• Testing of screened
fractions has not been
done since last 7 months.
9. The observations in the report are:-
"CPCB had earlier inspected this dumpsite on 4th Feb,2020 and at that time height of dumpsite was informed 27 m and total dumped waste was 27.5 lakh Ton. Presently, as informed, height of dumpsite is increased to 36 m and quantity of total waste dumped is increased to approx. 31 lakh Ton as fresh waste @ 2000 TPD is still being dumped at site and Only 20,000 T bio remediated legacy waste has been processed through trammels in last one year which is less than 1 % of total dumped waste at site.
Waste stabilization of both fresh and legacy waste through bio-remediation is being practiced at Bandwari dumpsite.
For channelization and disposal of RDF and plastic waste, MCG has issued Work Order (Annexure-III) dated 09.03.2020 to M/S Rapidue Technologies Pvt. Ltd. Further it was informed that MCG is in process of undertaking an agreement with M/S Ultratech Cement for disposal of RDF. It was observed that utilization/disposal of different screened fraction is still a major issue being faced creating space constraint at site.
Presently, leachate is being stored in 7 ponds and its treatment is being carried out @ 400 KLD in two DRTO 30 plants which were in operation at the time of inspection and another treatment plant based on activated sludge and Dissolved Air Flotation (DAF) of 150 KLD capacity was under maintenance. Thus, total capacity of '.2, leachate treatment plants is 550 KLD and it was informed that 350 KLD leachate is generated from dumped waste and 33000 KL leachate is filled in 7 ponds.
If all the three leachate treatment plants are run continuously at full capacity, 7 ponds having 33000 KLD leachate may be emptied out in 33000/200= 165 days and space may be used for installation of more no. of trommels and Waste to Energy plant (for which Environmental Clearance has been obtained in November, 2019).
The bio-remediation is being carried out in the open. No shed has been provided in the bio-remediation and trammel area in absence of which work may be hampered during rain."
10. The above observations show that the information given by the Corporation is not based on ground reality. The observations in the CPCB report be implemented by the Municipal Corporation, Gurgaon and further action report filed in the matter before the next date by e- mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. CPCB may also give its independent report of status as on 31.12.2020 particularly with regard to ground water contamination and proper manifest system for treatment of leachate at identified STP, quality of inert material used for filling the low-lying area and duly authorized agencies receiving the material for further processing/recycling by mail likewise."
23. Thereafter, on 09.03.2021, again it was noted that out of 33 lakh tonnes dumped waste, only one lakh tonne had been remediated in one year which called for direction to pay compensation. The relevant extracts from the order are:
"xxx ........................................xxx...................................xxx
4. We find from the report dated 14.01.2021 filed by the CPCB that no steps are being taken for decontamination of groundwater and progress in treatment of legacy waste is insignificant. Out of 33 Lakh ton dumped waste, less than 1 Lakh ton (which is hardly 2%) has been remediated in the last more than one year. This performance does not match the Constitutional obligation of the State or the mandate of the statutory rules on the subject. It seems that seriousness of the concerned authorities is lacking.31
5. From the above, only option left to is require the State to pay compensation for continuing damage to the environment till compliance, and direct prosecution of the concerned Secretary, but on assurance of the Municipal Commissioner, we give last opportunity for ensuring meaningful action on the ground level by the next date. Future action plan must provide for placing information about day-to- day progress on the website and to ensure processing of current waste at some other site. We understand that site for Faridabad has already been identified which may be made operational at the earliest for the purpose of processing the current waste.
6. The Secretary Urban Development/Local Bodies and the Commissioner, Municipal Corporation may remain present in person through video conference before the Tribunal with report of meaningful action on next date."
24. Finally, on 07.04.2021, an action plan dated 05.04.2021 was filed that assuring prompt action after finding that there was continuing failure of serious nature. The Tribunal directed the Chief Secretary, Haryana to monitor further progress. Relevant extracts from the said order are:
"xxx ........................................xxx...................................xxx
7. Thus, it is established on record that so far there has been serious failure of the authorities in performing their responsibility under the Solid Waste Management Rules, 2016 to effectuate the right of the citizens to clean environment. Though an action plan has now been filed, whether the Municipal Corporations concerned and the Urban Development Department of the State of Haryana execute the same in a mission mode and within reasonable time remains a moot question. The objections of the applicant that forest land is being used in violation of law may also be looked into and compliance of law ensured. M.C. Gurgaon may continue the biomining work as well as setting up of waste processing plants as proposed.
8. Since the Tribunal has already monitored the failures of the authorities for sufficiently long time, the State must now take ownership of its basic responsibility in the interest of rule of law, protection of environment and public health. The authorities may take further remedial action consistent with earlier orders of this Tribunal, including orders passed in the presence of its Chief Secretary in OA No. 606/2018, referred to, in detail, in another matter being dealt with today from Farrukhnagar Municipal Council, Faridabad District, being OA No. 171/2020, Poonam Yadav v. M.C. Farrukhnagar & Ors. Having regard to serious past failures and sensitivity of the issue, the Chief Secretary, Haryana may personally monitor compliances periodically. As directed earlier, compensation in terms of orders of this Tribunal dated 14.02.2020, 28.02.2020 and 14.12.2020 in OA 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues may be deposited in a separate account and used for restoration of the environment."32
25. However, inspite of above, failures have continued which led to filing of the above two petitions. No sanctity has been attached to timelines given to this Tribunal and the same have been breached without any accountability. The progress report shows that the substantial part of legacy waste still remains un-remediated.
26. In recent orders on the subject, the Tribunal has directed levy of compensation @ Rs.300/- per MT of unremediated legacy waste with direction to take restoration measures in mission mode. It will suffice to refer to order dated 8.9.2022 in OA No. 606/2018 (in respect of State of Maharashtra) which is as follows:
"Determination of liability for compensation for restoration of environment
44. Apart from compliance in future, the liability of the State has to be fixed for the past violations in the light of earlier binding orders passed in pursuance of orders of Hon'ble Supreme Court dated 2.9.2014 in WP 888/1996, Almitra Patel and dated 22.2.2017 in WP 375/2012, Paryavaran Suraksha. Order dated 22.12.2016 in Almitra Patel clearly laid down liability for compensation for breach of statutory timelines. Similarly, liability for compensation was laid down for failing to install water pollution control devices after 31.3.2020. The Tribunal has to follow 'Polluter Pays' principle under Section 20 of the NGT Act. The State Authorities contributing to the pollution by failing in their constitutional duties are to be held accountable on this principle. Admittedly, timelines under Supreme Court orders and orders of this Tribunal for preventing water pollution and statutory timelines for solid waste management are over. Thus, atleast from 01.01.2021, the 'Polluter Pays' principle has to be applied. Compensation has to be equal to the loss to the environment and also taking into account cost of remediation.
45. In our recent order dated 01.09.2022 in O.A No. 606/2018 (in respect of State of West Bengal), considering scale of compensation adopted in earlier cases including in OA No. 1002/2018, Abhisht Kusum Gupta vs. State of Uttar Pradesh & Ors., compensation was determined @ Rs. 2 Crore per MLD for untreated liquid waste and in OA No. 286/2022 for unprocessed legacy waste compensation was fixed @ Rs. 300 per MT to be utilized for restoration measures, including preventing discharge of untreated sewage and solid waste treatment/processing facilities, as per appropriate mechanism for planning and execution that may be evolved, within three months. Operative part of the said order is reproduced below:-
"Conclusion about quantum of compensation 33
49. In the light of above and considering damage to the recipient environment, we hold that apart from ensuring compliance at the earliest, compensation has to be paid by the State for past violations. The amount of compensation is fixed @ Rs. 2 crore per MLD (at which rate compensation has been levied against Noida and DJB in OA No. 1002/2018, Abhisht Kusum Gupta vs. State of Uttar Pradesh & Ors, referred to in para 48 above for detailed reasons mentioned therein). As noted earlier, gap in generation and treatment in West Bengal, as per data furnished is 1490 MLD. Thus, under this head, liability of the State of West Bengal is to pay compensation of Rs. 2980 crores, rounded off to Rs. 3000 crore in view of continuing damage. For failure to process solid waste, unprocessed legacy waste being 1.20 crore MT, compensation is assessed @ Rs. 300 per MT (at which approximate rate compensation has been awarded in OA No. 286/2022 against Municipal Corporation, Ludhiana, for the reasons given therein). This works out to Rs. 366 crore but adding 134 crore for continuing addition of unprocessed waste @ 13469.19 TPD, the total amount is rounded off to Rs. 500 crore. Thus, final amount of compensation under the two heads (solid and liquid waste) is assessed at Rs. 3500 crores which may be deposited by the State of West Bengal in a separate ring-fenced account within two months, to be operated as per directions of the Chief Secretary and utilised for restoration measures, including preventing discharge of untreated sewage and solid waste treatment/processing facilities, as per appropriate mechanism for planning and execution that may be evolved, within three months. If violations continue, liability to pay additional compensation may have to be considered. Compliance will be the responsibility of the Chief Secretary."
46. Following the above pattern, we determine compensation payable by the State of Maharashtra. In respect of gap in treatment of liquid waste/ sewage i.e. 5420.33 MLD, compensation works out to Rs. 10840.66 crores and compensation for un- remediated legacy waste to the extent of 3,94,19,287 works out roughly to about Rs. 1200 crores. We round off the compensation amount @ Rs. 12,000/- crores which may be deposited by the State of Maharashtra in a separate ring- fenced account within two months, to be operated as per directions of the Chief Secretary and utilised for restoration measures. The restoration measures with respect to sewage management would include setting up of sewage treatment and utilization systems, upgrading systems/operations to ensure utilization of their full capacities, ensuring compliance of standards, including those of fecal coliform and setting up of proper fecal sewage and sludge management in rural areas. With regard to solid waste management, the action plan would include setting up of required waste processing plants and remediation of left out 84 sites. Bio- remediation/bio-mining process need to be executed as per CPCB guidelines and the stabilized organic waste from biomining as well as from compost plants need to comply with laid down specifications.
34Other material recovered during such processes are to be put to use through authorized dealers/handlers/users. This restoration plan needs to be planned and executed in a time bound manner without further delay. If violations continue, liability to pay additional compensation may have to be considered. Compliance will be the responsibility of the Chief Secretary.
47. Award of above compensation has become necessary under section 15 of the NGT Act to remedy the continuing damage to the environment and to comply with directions of the Hon'ble Supreme Court requiring this Tribunal to monitor enforcement of norms for solid and liquid waste management. Moreover, without fixing quantified liability necessary for restoration, mere passing of orders has not shown any tangible results in the last eight years (for solid waste management) and five years (for liquid waste management), even after expiry of statutory/laid down timelines. Continuing damage is required to be prevented in future and past damage is to be restored."
Analysis and Findings
27. Reports of the Joint Committee dated 25.03.2022 and 03.08.2022 show following factual status:
i. 33 lakhs MT of waste is at the site with height of 38 meters.
Further, 2000 TPD is added.
ii. Remediation capacity is said to be 5100 TPD which is sought to be enhanced to 15000 TPD but not implemented.
iii. It is not clear how claimed joint venture-ship between Faridabad generating 900 TPD of waste and Gurugram generating 1100 TPD is of any help except adding to the garbage mountain.
iv. Out of 220082 tonnes of RDF, only 76226 tonnes was uptaken.
143856 tonnes still remain with no solution. There is no operating agreement for RDF use with cement plants at Neemach or power plant at Murthal, Sonepat.
v. Meeting by the Chief Minister on 7.12.2020 and appointment of a Senior IAS Officer to coordinate the work is not shown to have produced tangible result as it took one year to handover 10 acres of land to the PP to set up WTE Plant. Letter was issued on 7.12.2021. 5 acres of land at Barsi is said to have been given 35 to the Concessionaire on 16.9.2022. Desired result has not been produced.
vi. Revised action plan now submitted extends upto December 2023 without waste processing facilities of adequate capacity being set up and operationalized.
vii. Thus, no effective action has been taken in the matter by the concerned authorities which may assure anyone that solution is in sight.
viii. It is established that serious environmental damage has taken place and is continuing due to failure in disposal of waste and discharge of leachate in the forest area, as reported by the Forest Department after visit on 18.7.2022 as shown in the report of HSPCB dated 20.9.2022.
28. In the light of above, having regard to the quantum of unremediated legacy waste, we direct the Chief Secretary, Haryana to deposit a sum of Rs. 100 crores towards environmental compensation for continuing damage to the environment and public health with the Haryana State PCB in ring-fenced account within one month, to be utilised as per directions of the Committee which we are hereby constituting.
29. As already noted, the report of the Haryana State PCB dated 20.09.2022 in OA No. 109/2022 shows that waste is being dumped in forest area. This aspect may also be looked into by the Committee and remedial action taken as per law.
30. We constitute a nine member Committee, to be headed by Chairman, HSPCB with ACS, Urban Local Bodies, ACS, Environment Department, Deputy Commissioners, Faridabad and Gurugram, Commissioners, Municipal Corporations, Faridabad and Gurugram, Gurgaon Metropolitan 36 Development Authority and Regional Officer, CPCB. Commissioner, Municipal Corporation, Gurugram will act as a coordinator for functioning of the Committee. The Committee may meet within two weeks and take stock of the situation and plan further course of action. The Committee may appraise the performance of the contractor engaged as per Concession Agreement and if it is found that the contractor has failed to perform as expected, the Committee may make suitable alternative arrangement replacing the contractor, as observed by the Tribunal earlier also. Orders in this regard may be passed by concerned authority as per law. For alternative arrangement, summary but transparent process may be adopted instead of long drawn DPR/tender process, in view of emergency of the situation. More than one service providers may be hired, if necessary.
No fresh waste be allowed to be dumped at the present site. Further, having regard to the emergency situation, the State authorities may exercise their jurisdiction to use nearest available land as per applicable law for temporary period on payment of user charges. If any plant is required to be established which requires EC, since such plant will benefit the environment, grant of EC need not be awaited but all the environmental issues may be followed, including with regard to forest, wildlife and waterbodies. The Bandhwari site which is already in existence for many years and 10 acres of land which is already cleared may be utilized for setting up of waste processing facilities to handle the waste generation of the local bodies in question. In case of non-suitability of the land, alternative arrangements be explored. The Committee will be free to interact with the stakeholders and also associate any other expert/institution/civil society. The Committee will be free to coordinate with statutory regulators for levy of compensation from those who have contributed to the pollution, following due process of law. The Committee 37 is expected to achieve meaningful progress in the matter within six months with substantial headway within three months. An action taken report of status of compliance as on 31.12.2022 may be furnished to this Tribunal by January 15, 2023 by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
The revised action plan will stand disapproved and will stand replaced by the action plan which may be now prepared by the Committee.
List for further consideration on 30.01.2023.
A copy of this order be forwarded to Chairman, HSPCB, ACS, Urban Local Bodies, ACS, Environment Department, Deputy Commissioners, Faridabad and Gurugram, Commissioner, Municipal Corporations, Faridabad and Gurugram, Gurgaon Metropolitan Development Authority and Regional Officer, CPCB by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Afroz Ahmad, EM September 23, 2022 O.A. Nos. 172/2021 & 109/2022 A +DV 38