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8. Vide order dated 26th August, 2014, the Tribunal had directed the Uttarakhand Environment Protection and Pollution Control Board (for short, "UKPCB"), CPCB and Officers of the Irrigation Department of State of Uttarakhand to conduct a joint inspection of the hotels, ashrams, and industries which are discharging sewage and/or trade effluents treated or otherwise, into River Ganga and/or its tributaries. Joint inspection team had inspected 106 industries and had filed a report before the Tribunal. Most of these industries were discharging their effluents directly into River Ganga or river Sukhi and Begam Nalla which eventually joined River Ganga at one point or the other. Only three industries were found to be connected to Common Effluent Treatment Plants (for short, "CETPs"). Some of the units are stated to have constructed their own Effluent Treatment Plants (for short "ETP") but still there is no definite data on record to show that they are performing within the prescribed parameters. There is no exact information available as to the size of the ETP installed by the units, their efficiencies and parameters of the trade effluents generated by the industries. The finally treated effluent generated from CETP is also disposed of into Sukhi River for which the UKPCB has issued a notice requiring them to maintain zero liquid discharge conditions in terms of the order issued. Some of these industries are generating very heavy effluent ranging between 4500 to 6000 KLD, while others are discharging comparatively less effluents. Unfortunately, there is no comprehensive data available either with UKPCB or with any other government department which provides the quantum and quality of the trade effluents as well as what industrial activities the industries are carrying, in these areas with exactitude. There is certainly a need for proper supervision and regulation of the industrial activity carried out in this belt as well as need to ensure that the effluent discharged by the industries and/or CETPs in no case is in excess of the prescribed parameters which certainly is not the status as of now. Furthermore, the UKPCB and the public authorities of the State have to examine if the water generated from the Sewage Treatment Plant (for short "STP") or CETPs could be recycled for agriculture, horticulture and even for industrial purposes rather than directly putting it into river, resulting in contamination.

34. As already noticed, the CETP at SIIDCUL is found to be deficient and does not conform to the prescribed standards. The operating agency SKUEM had said that responsibility of operation and maintenance of tertiary treatment to achieve zero liquid discharge, is given to the respective industries who have failed to do the needful. The net result is pollution of River Ganga.

35. Having dealt with industrial and domestic sources of pollution of River Ganga, now we may deal with other major sources of river pollution resulting from municipal, construction and demolition waste and other wastes. It is hardly in dispute before us that the handling of municipal and other waste in the entire State of Uttarakhand is not anywhere near to the Municipal Solid Wastes (Management and Handling) Rules, 2000 (for short 'MSW Rules'). We have noticed in the earlier part of the judgment, which is based upon the information that has been provided to the Tribunal by the Field Officers from respective departments of the State Government that there are towns with higher as well as lower population density which are located on the banks of River Ganga in Segment A of Phase-1. While districts like Haridwar, Rishikesh fall under the first category, there are cities like Srinagar, Devprayag, Swarg Ashram, Uttar Kashi and Kashipur which fall in the latter category. The Committee constituted in furtherance to the order dated 10th March, 2015 in its report had also dealt with the municipal solid waste management in various places of the State. It is stated therein that the municipal solid waste management site on left bank of Kharsod River that joins River Ganga at Rishikesh - Badrinath bypass road had been inspected. The site is being operated by Nagar Panchayat. Firstly, it was noticed that the site was not developed in accordance with MSW Rules, it receives un- segregated waste from M/s. Clean Himalayan Society and open burning of garbage including plastic was noticed. Huge quantity of waste was found to be stored in open. The waste was not segregated properly. Non-biodegradable waste was found piled up at the site. Large scale municipal solid waste had also been thrown on green areas and there was open burning of solid waste. The Committee annexed the photographs showing the above activities. Firstly, there are no plans for dealing with disposal of municipal solid waste and secondly, the sites for dumping of municipal solid waste have been found to be in complete violation to the prescribed MSW Rules. The UKPCB on queries took up the stand that it had viewed this activity very seriously. According to the UKPCB, it had issued notices to Corporation and other public authorities who were responsible for dealing with municipal solid waste from time to time. The notices were issued for the first time on 12th February, 2004 followed by notices dated 4th June, 2004, 9th June, 2007, 20th November, 2009 and 26th December, 2011. Despite issuance of such notices, the public authorities concerned have failed to take steps in accordance with law. Not only this, a complaint had also been filed before the Judicial Magistrate, Dehradun against dumping of municipal solid waste in violation to the MSW Rules in regard to Haridwar. We may notice that various cases even in relation to Uttarakhand have come up before the Tribunal where the people are complaining against the indiscriminate dumping of municipal solid waste in complete violation of the MSW Rules. Two instances of serious violations that have come up before the Tribunal are in relation to Rishikesh and Haridwar. This certainly, needs immediate attention of all concerned, particularly the local authorities, UKPCB and the department of environment. Though, we are of the considered view that the UKPCB could have, and in fact, should have exercised its powers and performed the functions that it is required to perform under the law to ensure that the dual adverse impact of this menace, i.e., pollution of water and public health, could be avoided. Mere issuance of notices or filing of complaint is not the real solution to the problem. UKPCB should have taken punitive action against all the defaulting bodies and could have issued directions under Section 5 of the Environment (Protection) Act, 1986 (for short "Act of 1986"). We would certainly be dealing with this aspect particularly when challenge to site selection, environmental clearance which was granted for the establishment of a plant and municipal waste site at Haridwar has been dealt with by the Tribunal in case of Gram Sarai Vikas Samiti v. MoEF and Ors. Appeal No. 166/2015. It is stated on behalf of the State that they are contemplating to have four municipal solid waste plants and environmental clearance has been granted in that regard on 18th May, 2015. They are to be located at Haridwar, Rishikesh and Rudraprayag. The Uttarakhand Urban Development Department and Haridwar Nagar Nigam are responsible for establishment and operationalization of these plants. It was also stated that the government has placed order for construction and establishment of a MSW plant with capacity of 550 MT at Roorkee which would resolve this issue.

47. In the judgment, we have already referred to the various orders that were passed by the Tribunal during the pendency of these cases. Some of the directions passed in these orders do require specific mention as they would have an impact upon the final judgment of the Tribunal. On 10th March, 2015, joint inspections of CETPs and STPs were directed to be conducted. It was further directed that the samples should be collected from inlet and outlet of these STPs and report is to be submitted to the Tribunal. It was noticed that the Ashrams are using bore-wells without permission from the CGWA and also do not have STPs installed in their respective premises. Most of the hotels were carrying on their activity and polluting the environment with impunity. Prior to this, vide order dated 30th October, 2014, the Tribunal had directed that meeting of the Secretary MoEF, Secretary Ministry of Water Resources, Chief Secretaries of all the concerned States would be held on 11th November, 2014 and list of polluting industries of River Ganga and its Tributaries was to be filed before the Tribunal along with classification of those industries. Policy was also to be framed for prevention and control of pollution of River Ganga and its tributaries. Vide order dated 17th November, 2014, the Tribunal while noticing that main pollutants of River Ganga were the discharge of untreated sewage and industrial effluents generated primarily from the industries located on either bank of river or from the industrial clusters which were connected to CETPs which were hardly functioning as per prescribed norms, had directed appropriate measures to be taken for preventing and controlling the pollution. In this order, the Tribunal had constituted a Principal Committee with Secretary MoEF as the Chairperson and representatives of concerned Ministries of the States, the Implementation Committees were also constituted headed by the Chief Secretaries. The State Level Committees were headed by the Secretaries of the concerned Departments and with due representation to various departments and the concerned Pollution Control Boards. The Implementation Committee was responsible for implementation of orders of the Tribunal and they were to work through District Level Committees as well. The Principal Committee was to take policy decision and frame action plan that was required to be adopted and followed by the stakeholders. They were required to submit monthly reports. MoEF was required to issue clarification, on its definition of the expression 'zero liquid discharge units' as well as classification of the industries under red, orange and green category industries. In terms of this order, the concerned authorities were required to prepare a list, particularly keeping in mind that, industries which were operating without consent of UKPCB even if small, may be causing much pollution than the bigger units which were operating with consent. It came to light and in fact was undisputed that tannery industries at Kanpur, paper and pulp industries, sugar industries, distillery industries and the textile industries which were located particularly near to the River Ganga or its Tributaries were mainly responsible for causing industrial pollution of River Ganga. The Principal Committee had submitted interim reports to the Tribunal. It was primarily recommended that the industries could be required to become 'zero liquid discharge' units and should install online monitoring systems particularly in relation to highly polluting industries falling in red category. The MoEF has during the hearing of cases, provided the following clarificatory definitions in relation to zero liquid discharge and categorisation of industries:

3.0 DEFINITION OF ZLD Zero Liquid discharge refers to installation of facilities and system which will enable industrial effluent for absolute recycling of permeate and converting solute (dissolved organic and in-organic compounds/salts) into residue in the solid form by adopting method of concentration and thermal evaporation. ZLD will be recognized and certified based on two broad parameters that is, water consumption versus waste water re-used or recycled (permeate) and corresponding solids recovered (percent total dissolved / suspended solids in effluents).