National Green Tribunal
R.Ravimaran S/O Ramachandram vs Union Of India Rep By Its Secertary The ... on 5 July, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1 to 3:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.08 of 2016 (SZ) &
I.A. Nos.107 & 109 of 2022 (SZ)
With
Original Application No.152 of 2016 (SZ)
With
Original Application No.198 of 2016 (SZ)
IN THE MATTER OF:
R. Ravimaran (Died) & Ors.
...Applicant(s)
Versus
Union of India & Ors.
...Respondent(s)
WITH
Meenava Thanthai K.R. Selvaraj Kumar
Meenavar Nala Sangam
...Applicant(s)
Versus
The Chief Secretary
Government of Tamil Nadu,
Chennai & Ors.
...Respondent(s)
WITH
Meenava Thanthai K.R. Selvaraj Kumar
Meenavar Nala Sangam
...Applicant(s)
Versus
The Chief Secretary
Government of Tamil Nadu,
Chennai & Ors.
...Respondent(s)
O.A. No.08/2016 (SZ):
For Applicant(s): Mr. A. Yogeshwaran & Ms. B. Poonguzhali.
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1.
Mr. Vijay Mehanath for R2, R3.
Mr. M.T. Arunan for R4.
Mr. S. Sai Sathya Jith for R5, R6.
Dr. D. Shanmuganathan for R7, R8.
Mr. R. Thirunavukarasu for CPCB.
Page 1 of 172
O.A. No.152/2016 (SZ):
For Applicant(s): Mr. G. Stanley Hebzon Singh.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R4.
Mr. S. Sai Sathya Jith for R3, R5.
Mr. M.T. Arunan for R6.
O.A. No.198/2016 (SZ):
For Applicant(s): Mr. G. Stanley Hebzon Singh.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R7, R9.
Mr. S. Sai Sathya Jith for R8, R10.
Mr. Vijay Mehanath for R11, R12.
Judgment Pronounced on: 05th July 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. All these Original Applications are disposed of with directions vide separate Common Judgment.
Today, Interlocutory Applications viz., I.A. No.107/2022 (SZ) & 109/2022 (SZ) are disposed of vide separate order.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.08/2016 (SZ), O.A. No.152/2016 (SZ), O.A.No.198/2016 (SZ), 05th July 2022. Mn.
Page 2 of 172 Item No.1 to 3:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No.08 of 2016 (SZ) &
I.A. Nos.107 & 109 of 2022 (SZ)
With
Original Application No.152 of 2016 (SZ)
With
Original Application No.198 of 2016 (SZ)
IN THE MATTER OF:
1) R. Ravimaran (Died)
S/o. Ramachandran
No.42, Beach Road,
Thazhankuppam,
Ennore, Chennai - 600 057.
2) R.L. Srinivasan
S/o. R. Lakshmipathi
31/36 Porkali Amman Street,
Kattukuppam, Ennore,
Chennai - 600 057.
3) K. Saravanan
S/o. Kasinathan
Aged about 37 years
No.30, Urur Kuppam,
Besant Nagar, Chennai - 90.
(Applicants No.2 & 3 were impleaded as per order in I.A. No.77/2022 in O.A. No.08/2016 dated 25.04.2022) ...Applicant(s) Versus
1) Union of India Represented by its Secretary The Ministry of Environment, Forests and Climate Change, Jorbagh, New Delhi.
2) Tamil Nadu Generation and Distribution Corporation (TANGEDCO) Represented by its Chairman cum Managing Director 10th Floor, NPKRR Maaligai, 144 Anna Salai, Chennai - 600 002.
Page 3 of 1723) North Chennai Thermal Power Station Represented by its Chief Engineer Athipattu, Chennai, Thiruvallur District - 600 120.
4) Kamarajar Port Limited (Erstwhile Ennore Port Limited) Represented by its Chairman cum Managing Director 4th Floor, Super Speciality Diabetic Centre (Erstwhile DLB Building) Near Clive Battery Bust Stop Rajaji Salai, Chennai - 600 001.
5) The Tamil Nadu Pollution Control Board Represented by its Member Secretary 76, Mount Salai, Guindy, Chennai - 600 032.
6) The District Environmental Engineer Tamil Nadu Pollution Control Board 77-A, South Avenue Road, Ambattur Industrial Estate, Ambattur Taluk, Thiruvallur District, Chennai - 600 058.
7) The Tamil Nadu Coastal Zone Management Authority Represented by its Member Secretary Panagal Building, Chennai.
8) The Public Works Department Represented by its Secretary Fort St. George, Chennai.
...Respondent(s) WITH Meenava Thanthai K.R. Selvaraj Kumar Meenavar Nala Sangam Rep. by its President M.R. Thiyagarajan S/o. Late C. Rajalingam Office at No.15/8, A.J. Colony, Royapuram, Chennai - 600 013.
...Applicant(s) Versus
1) The Chief Secretary Government of Tamil Nadu, Secretariat, Chennai - 600 009.
(Respondent No.1 was deleted as per order of the Tribunal dt.27.02.2017) ...Deleted/ Original Respondent No.1
2) The State of Tamil Nadu Represented by its Secretary to Government Forest Department, Fort St. George, Chennai - 600 009.
...Deleted/ Original Respondent No.2 Page 4 of 172
3) The State of Tamil Nadu Represented by its Secretary to Government Fisheries Department, Fort St. George, Chennai - 600 009.
...Deleted/ Original Respondent No.3
4) The State of Tamil Nadu Represented by its Secretary to Government Environment Department, Fort St. George, Chennai - 600 009.
...Deleted/ Original Respondent No.4
5) The State of Tamil Nadu Represented by its Secretary to Government Public Works Department, Fort St. George, Chennai - 600 009.
(Respondents No.2 to 5 were deleted as per order of the Tribunal dt.08.11.2016) ...Deleted/ Original Respondent No.5
6) The District Collector Thiruvallur District Thiruvallur.
...Rearrayed Respondent No.1/ Original Respondent No.6
7) The Revenue Division Officer, RDO Office, Ponneri, Thiruvallur District.
...Rearrayed Respondent No.2/ Original Respondent No.7
8) The Chairman Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai - 600 032.
...Rearrayed Respondent No.3/ Original Respondent No.8
9) The Executive Engineer Water Resources Department Araniaaru Irrigation Divison, Chennai Mandal, Chennai -600 005.
...Rearrayed Respondent No.4/ Original Respondent No.9
10) The Joint Chief Environmental Engineer (Monitoring) 77A, South Avenue Road, Ambattur Industrial Estate, Ambattur, Chennai - 600 058.
...Rearrayed Respondent No.5/ Original Respondent No.10 Page 5 of 172
11) M/s. Adani Ennore Container Terminal Private Limited Represented by its Managing Director Having its Principal Office at No.23, P.T.Lee Chengalvarayan Building, First Floor, Rajaji Salai, George Town, Chennai - 600 001.
(Respondent No.11 was deleted as per order of the Tribunal dt. 20.03.2017) ...Deleted/ Original Respondent No.11
12) Kamarajar Port Limited Represented by its Chairman 4th Floor, Super Speciality Diabetic Centre, (Erstwhile DLB Building) Rajaji Salai, Chennai - 600 001.
...Rearrayed Respondent No.6/ Original Respondent No.12
13) M/s. International Seaport Dredging Private Limited Represented by its Managing Director Old No.62, New No.113, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
(Respondents No.12 & 13 were impleaded as per Order dated 05.12.2016 in M.A. No.261/2016 in O.A. No.152/2016) ...Rearrayed Respondent No.7/ Original Respondent No.13 WITH Meenava Thanthai K.R. Selvaraj Kumar Meenavar Nala Sangam Rep. by its President M.R. Thiyagarajan S/o. Late C. Rajalingam Office at No.15/8, A.J. Colony, Royapuram, Chennai - 600 013.
...Applicant(s) Versus
1) The Chief Secretary Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2) The State of Tamil Nadu Represented by its Secretary to Government Forest Department, Fort St. George, Chennai - 600 009.
Page 6 of 1723) The State of Tamil Nadu Represented by its Secretary to Government Fisheries Department, Fort St. George, Chennai - 600 009.
4) The State of Tamil Nadu Represented by its Secretary to Government Environment Department, Fort St. George, Chennai - 600 009.
5) The State of Tamil Nadu Represented by its Secretary to Government Public Works Department, Fort St. George, Chennai - 600 009.
6) The District Collector Thiruvallur District Thiruvallur.
7) The State of Tamil Nadu Represented by its Secretary to Government Industries Department, Fort St. George, Chennai - 600 009.
8) The Chairman Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai - 600 032.
9) The Chief Engineer Water Resources Department Chennai -600 005.
10) The Joint Chief Environmental Engineer (Monitoring) 77A, South Avenue Road, Ambattur Industrial Estate, Ambattur, Chennai - 600 058.
...Original Respondents No.1 to 1011) Ennore Thermal Power Plant Representing by its Chief Engineer Kathivakkam High Road, Ennore, Chennai.
(Respondent No.11 deleted as per order of the Tribunal dt.13.01.2017) ...Deleted/ Original Respondent No.11
12) North Chennai Thermal Power Station Representing by its Chief Engineer Stage - I, Thiruvallur District, Athipattu, Chennai.
...Rearrayed Respondent No.11/ Original Respondent No.12 Page 7 of 172
13) North Chennai Thermal Power Station Representing by its Chief Engineer Stage - II, Thiruvallur District, Athipattu, Chennai.
...Rearrayed Respondent No.12/ Original Respondent No.13
14) NTECL Represented by its Chief Engineer Vallur Thermal Power Project Vellivoyal Chavadi, Ponneri Taluk, Tiruvallur, Chennai - 600 103.
...Rearrayed Respondent No.13/ Original Respondent No.14
15) Lanco Infrastructure Limited Represented by its Chief Engineer Having its Office at Plot No.4, Software Units Layout, HITEC City, Madhapur, Hyderabad, Andhra Pradesh.
Site Address: Ennore Thermal Power Station, Ennore, Chennai - 600 057.
(Respondent No.15 deleted as per order of the Tribunal dt.13.01.2017) ...Deleted / Original Respondent No.15
16) Geo Foundation and Structures Limited Representing by its Chief Engineer, Having its Office at 1st Main Road, Gandhi Nagar, Adayar, Chennai - 600 020.
(Respondent No.16 deleted as per order of the Tribunal dt.05.10.2016) ...Deleted / Original Respondent No.16 O.A. No.08/2016 (SZ):
For Applicant(s): Mr. A. Yogeshwaran & Ms. B. Poonguzhali.
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1.
Mr. Vijay Mehanath for R2, R3.
Mr. M.T. Arunan for R4.
Mr. S. Sai Sathya Jith for R5, R6.
Dr. D. Shanmuganathan for R7, R8.
Mr. R. Thirunavukarasu for CPCB.
O.A. No.152/2016 (SZ):
For Applicant(s): Mr. G. Stanley Hebzon Singh.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R4.
Mr. S. Sai Sathya Jith for R3, R5.
Mr. M.T. Arunan for R6.Page 8 of 172
O.A. No.198/2016 (SZ):
For Applicant(s): Mr. G. Stanley Hebzon Singh.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R7, R9.
Mr. S. Sai Sathya Jith for R8, R10.
Mr. Vijay Mehanath for R11, R12.
Judgment Reserved on: 28th April 2022.
Judgment Pronounced on: 05th July 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes/No Whether the Judgment is to be published in the All India NGT Reporter - Yes/No COMMON JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member O.A. No.08 of 2016(SZ)
1. The above application was filed by the Original Applicant alleging that the 3rd Respondent - North Chennai Thermal Power Station (hereinafter referred to as "NCTPS") and the 4th Respondent - M/s. Kamarajar Port Limited are causing damage to the Buckingham Canal and Kosasthalaiyar River on account of their activities.
2. It is alleged in the application that Buckingham Canal is a long fresh water navigational canal having a distance of 796 Kms running parallel to Coromandel Coast of South India from Kakkinada in East Godavari District, Andhra Pradesh to Villupuram District, Tamil Nadu. The canal connects most of the natural backwaters along the coast to the Port of Chennai. It was constructed during British rule and was an important Page 9 of 172 waterway during the late 19th & 20th Century. The 3rd Respondent -
NCTPS owned by the 2nd Respondent - Tamil Nadu Generation and Distribution Corporation (hereinafter referred to as "TANGEDCO") is located on the Kattupalli Ennore Island between the Island and the mainland is the expansive backwater and Kosasthalaiyar River drains into this backwater. Buckingham Canal is a deeper channel cutting through this backwater. The backwater is contiguous to the Pulicat lagoon system and the backwaters are referred to as „Paraval‟ in Tamil along with Ennore creek and the Pulicat Lagoon is of great ecologically importance and serves as flood sink. Reclaiming this wetland by filling with fly ash and dredged material which adversely affect the large portion of North Chennai during high flood and cyclone, this expansive water spread is essential for reducing the impact of flooding in Manali industrial area and residential areas. The 3rd Respondent NCTPS is 1830 MW Coal-fired Thermal Power Station owned by the 2nd Respondent - TANDECO. It has three units of 210 MW, which were commissioned between 1994 and 1996 and as well as two 600 MW units commissioned in 2013. The TANGEDCO has applied for Terms of Reference for another 800 MW (Stage - III) in 2012 with a proposed completion date of December 2017.
3. It is further alleged in the application that they were dumping ash slurry into the Buckingham Canal and the backwaters for several years and though notices had been issued by the State Pollution Control Board in this regard, they were continuing with the same and doing illegal dumping, thereby polluting the Buckingham Canal which continues to run further partially joining Ennore Creek and continuing cities towards Chennai. The fly ash and bottom ash are serious pollutants apart from containing metals like Nickel, Cadmium, Antimony, Arsenic, Chromium, Lead and Mercury and they are radioactive substance and this fact was recognized by this Tribunal in Krishi Vigyan Arogya Sangtha Vs. MoEF&CC dated 20.09.2011. They are dumping the fly ash in violation of the conditions of Environmental Clearance granted and it has caused irreversible contamination of the environment and destruction of marine ecology. Further, it has affected the soil fertility and also contaminated Page 10 of 172 the surface and ground water. The 4th Respondent begun dumping of mud in Buckingham Canal and the backwater and also blocking it. The stretch along the Thermal Power Plant at Athipattu, Ennore around eight days ago and due to protest of the fishermen, the contractor had stopped the work at site. It was also understood that the officers of the 8th Respondent - Public Works Department visited the site and observed that dumping of soil and filling up of canal was illegal. Due to the filling of water body where mangroves were situated which was treated as CRZ - I area under the CRZ Notification and it may have impact on the same as well. The 4th Respondent also resorted to the illegal dumping and filling in the backwaters along the Kosasthalaiyar River which is water logged and has been classified as inter-tidal zone and they reserved the right to file an application against the 4th Respondent independently apart from claiming reliefs in this application. They are also doing the same against the conditions imposed in the CRZ Notification and also the Environmental Clearance granted to them.
4. Since no effective actions have been taken to prevent the same, the applicant filed this application seeking the interim as well as final relief:-
―Interim Reliefs
1. Direct closure of the 2nd Respondent run 3rd respondent Thermal Power plant for the illegal dumping of ash into the Buckingham canal and backwater
2. Direct respondent 1, 5, 6 to ensure immediate stoppage of discharge of ash from the 3rd Respondent into the canal and the backwater
3. Direct Respondents 1, 2, 3, 5, 6, 7, 8 to immediately clean up the canal and remove the ash illegally dumped into the canal.
4. Injunct the 4th Respondent, its agent, contractors etc from dumping soil or any material in the Bukingham Canal or any water body.
5. Direct the respondents 4, 5, 6, 7 and 8 to immediately remove the illegally dumped soil in the Buckingham canal at athipattu and restore status quo ante.
6. Pass such order or orders as may be necessary in the facts and circumstances of the case and thus render justice.
Final Relief A. Direct closure of the 2nd respondent run 3rd respondent Thermal power plant for the illegal dumping of ash into the Buckingham canal.
B. Respondent 1 to commission a study into the damage caused by the 2nd and 3rd respondents by continued dumping of ash into the environment.
C. Direct the 2nd, 3rd and 4th respondent to pay compensation for the environmental harm caused.
D. Direct respondent No.8 to maintain the canal and the backwaters free of any filling in or encroachment E. Direct respondents 1, 5, 6 to maintain the Buckingham Canal, Creek, Kosasthalayar and backwaters free of contamination or pollution.
F. And pass such further order or orders as may be fit, proper and necessary in the facts and circumstances of the case and thus render justice.‖ Page 11 of 172 O.A. No.152 of 2016(SZ):
5. The above application was filed by Meenava Thanthai K.R. Selvaraj Kumar originally against M/s. Adani Ennore Container Terminal Private Limited (Original 11th Respondent) which was later deleted and then allegations were made against M/s. Kamarajar Port Limited and M/s. International Seaport Dredging Private Limited who were later impleaded as Respondents No.12 & 13 as per order in M.A. No.261/2016 in O.A. No.152/2016 dated 05.12.2016, alleging that they were illegally dumping the dredged materials in the CRZ Zone and causing damage to the environment.
6. It is alleged in the application that the Original 11th Respondent had obtained contract for construction of a container terminal from M/s.Kamarajar Port Limited which is located on the Coromandel coast about 24 Kms North from Chennai Port. M/s. Kamarajar Port Limited is the only corporatize major port and registered as a company. Construction of container terminal is causing pollution and destroyed the Kosasthalaiyar River and has severely hampered fishing in the process of destroying the livelihood of the fishermen. The activities of the Original 11th Respondent for M/s. Kamarajar Port Limited has resulted in great damage to the environment due to the pollution caused on account of their activities. They are engaged in illegal dredging of sea sand from the Kamarajar Port and dumping into the Kosasthalaiyar River and grab that portion of the Kosasthalaiyar River by reclamation of the same. On account of dumping of dredged material in Kosasthalaiyar River, the riverine ecology has been affected and they are not entitled to do the same as well.
7. So, the Original Applicant filed by this application seeking the following interim as well as final reliefs:-
―Interim Reliefs
1. To appoint an advance commissioner to hold an enquiry at Kosasthalaiyar River where the 11th Respondent had made encroachment and had dumped soil over an extent of 50 Acres. So that to reinstate the river in its natural extent.
2. To grant ad interim injunction pending disposal of the above main petition restraining the 11th Respondent from dumping, drugging the sand in Kosasthalaiyar River originating from Arani to Pazhaverkadu Lake (via. Ennore).Page 12 of 172
Final Reliefs To issue direction to the Respondent 1 to 10 to initiate appropriate action against the 11th Respondent for encroaching the Kosasthalaiyar River and dumping soil over an extent of 50 Acres and adversely affecting the livelihood of the fishing communities in the ends of justice and pass such other or orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case and thus render justice.‖ O.A. No.198 of 2016(SZ):
8. The above application was also filed by the same Applicant in O.A. No.152/2016 (SZ) against M/s. NCTPS alleging violation of conditions of Environmental Clearance and CRZ Clearance granted by dumping fly ash and draining the waste water into the Buckingham Canal and Kosasthalaiyar River. Originally, it was alleged that illegal activities were done by M/s. NCTPS who were shown as Original 13th Respondent.
9. It was alleged that there was no proper pollution control mechanism provided in their units and they are emitting gases like Nox and Sox in excess of the standard provided, thereby causing damage to the environment by polluting air. On account of the release of waste water/effluents into the water bodies namely, Buckingham Canal and Kosasthalaiyar River, it causes damage to the water bodies and affecting the aquatic life and thereby affecting the livelihood and health of the people in that area.
10. Though complaints were made to the authorities, no effective steps have been taken. So, the Original Applicant filed this application seeking the following interim as well as main reliefs:-
―Interim Relief:
(i) To appoint an advocate commissioner to inquiry at Kosasthalaiyar river and in the Nettukuppam village, Thalankkuppam, Ennore Kuppam, Mugathuvarakuppam area. So that to fix compensation on the basis of doctrine of "polluter pays"
(ii) To constitute expert committee in order to inspect and submit a report regarding the pollution caused by discharge effluent by the Respondents 11 to 14 in the Kosasthalaiyar river and Buckingham canal resulting in loss of resources and adoption methods of treating the water effluent in the respondent 11 to 14 Power Plant prior to the disposal of the same into the Kosasthalaiyar River and Buckingham canal in order to ascertain the compliance of the rules and norms of the respondents 11 to 14 and to Test the pollution level in the River water in the area where the respondent 11 to 14 power plant effluent is mixing.
(iii) To stay the operation of the respondents 12 and 13 had encroached and had constructed road and pipeline in the Kosasthalaiyar river and in the Buckingham canal until the disposal of the main Application.
(iv) To stay the operation of road and conveyor belt constructed by the 15th and 16th respondents on the basis of the contract from 11th respondent in the Page 13 of 172 Kosasthalaiyar river and in the Buckingham canal until the disposal of the main Application.
(v) To stay not to discharge effluent in the Kosasthalatyar river and in the Buckingham canal by the 12, 13th and 14th respondents until the disposal of the main Application.
Main Relief:
To issue direction to the respondent 1 to 10 to initiate appropriate action against the respondents 11 to 16 not in pollute the environment at the Ennore area in the Kosasthalaiyar River and Buckingham canal thereby polluting the resources and direct the respondents to revamp the Estuary in the Ennore area in the ends of justice and pass such other order or orders as this Hon'ble may deem fit and proper in the circumstances of the case and thus render justice.‖
11. Since all these cases are relating to the damage caused to the water body (i.e., Buckingham Canal and Kosasthalaiyar River) on account of dumping of fly ash and discharge of waste/effluents and illegal reclamation of water body against the conditions imposed and thereby causing damage to the environment, all these cases were clubbed together for consideration.
Pleadings - O.A. No.08/2016:
12. The 4th Respondent filed reply affidavit denying the allegations made in the application and contending that since the land belonging to them lies between Buckingham Canal and road is a low lying area, they proposed to raise the level by filling with available earth inside the port for utilization in future. The dumping is being done along the side of the road leaving sufficient space from the boundary of the canal in order to ensure that the canal is not affected due to the dumping activity. They denied the allegation that water bodies were filled with fly ash. They purchased the land to an extent of about 683 Acres from the Salt Department adjoining either side of the Ennore creek. The same has been informed to the Public Works Department (Water Resource Department), Chennai Region with a request to demarcate the area. They planned to develop Multi - cargo, Container terminals, Coal Berth 3 and Coal Berth 4, LNG Terminal in phased manner for which Environmental Clearance has been obtained. They further contended that to avoid infiltration of sand particles into the creek, a separate bund was constructed along the creek and the dredged materials will be dumped only inside the bund with geo Page 14 of 172
- fabric protection. They relied on the communication of the MoEF & CC vide letter F.No.11-51 / 2012 / 1A3 dated 12.03.2015 at point 2 Sub - clause 9 states as follows "The dredging material shall be reused for low level rising wherever possible and excess shall be in to sea at the designated areas identified based on the mathematical model studies.‖ They further contended that the Kamarajar Port is not involved in contaminating the Ennore creek and will not entertain any such activities which will obstruct the natural flow of water at Ennore Creek. So, they prayed for dismissal of the application.
13. The 3rd Respondent filed counter affidavit denying the allegations made in the application and they denied the allegation that they are discharging fly ash into the Buckingham Canal and backwaters. In fact, the fly ash generated is being supplied to Cement factories and SSI units only, by closed trucks, while the unused Fly ash and Bottom ash are being pumped to the Ash pond allotted to NCTPS / Stage - I in a slurry form by transporting the same from Electro Static Precipitator (ESP) to Ash Dyke by means of exclusive cast basalt slurry disposal pipelines. As regards the fly ash generated in NCTPS - II is concerned, it is being disposed through major cement companies and SSI companies by closed trucks and the unused Fly ash in slurry form which is disposed through newly erected cast basalt lines upto Ash pond allotted to NCTPS II. Semi wet bottom ash is being disposed through trucks from bottom ash silos by selling to the external agencies for earth filling purposes. They have given the details of the two units as follows:-
―NCTPS I NCTPS Stage I comprising of 210 MW x 3 units.
Unit I - Commissioned on 25.10.94 Unit II - Commissioned on 27.03.95 Unit III - Commissioned on 24.02.96 and it is pertinent to point out that NCTPS Stage I is provided with separate ash disposal systems with ash dykes of adequate capacity for ash disposal.
NCTPS II NCTPS Stage II comprising of 600MW x 2 units.
Unit I - Commercial operation declaration on 20.03.14 Unit II - Commercial operation declaration on 08.05.14 and it is pertinent to point out that NCTPS II is provided with separate ash disposal system with ash dyke of adequate capacity for ash disposal.‖ Page 15 of 172
14. It is further contended that the pipeline passes through the Buckingham canal and Pulicat backwaters area. There are five pipelines, of which three pipelines are in service to pump ash from three units and the other two are kept as standby. The ash pond consists of primary pond and secondary pond. The collected wet ash is being taken out by private people for filling purposes etc. with the permission of NCTPS I. So, the wet ash pond is never filled up to its full capacity. So, the question of letting out from the pond to the Buckingham canal and backwater does not arise. There may be occasional leakages from the ash slurry pipelines through weak joints and the same is being continuously watched through exclusive patrolling of their unit. Whenever leakages were found from the pipeline, they were attended immediately within an hour or a couple of hours. However, in the interest of the public, desilting was carried out earlier in Pulicat backwater canal during April 2015 to ensure free movement of fishermen's boats in this area. The ash deposited through the leaky pipes were being removed by engaging earth moving machineries and tippers and certain photographs were produced to prove that fact. Each pipeline distance from NCTPS I to ash pond is more than 5200 meters and the width of the Buckingham canal and backwater canal are 20 meters and 100 meters, respectively. The dry fly ash generated from NCTPS - II is collected in Electro Static Precipitator (ESP) and then pumped through three pipes (one each for two units and the third pipe acts as a spare) to the Ash silo. The Fly Ash generated in NCTPS - II is being sold to major cement companies and SSI companies by closed trucks and the unused Fly ash in slurry form is disposed through newly erected cast basalt lines (more than 5200 meters) up to Ash pond allotted to NCTPS - II. Bottom semi wet ash is disposed through trucks from bottom ash silos by selling to the external agencies for various purposes. Since it is being sold immediately, there was no possibility of over flow of wet slurry fly ash from the ash pond or the possibility of being discharged into the water bodies as alleged. There was no possibility of leak in NCTPS - II slurry pipe lines, as they were new line. Here also, whenever any defect is noticed, the patrolling teams will immediately attend the same. They denied the allegation that they are letting out of fly ash into the water bodies and on account of their act, no Page 16 of 172 reduction in growth of marine vegetation has happened, no mangroves have been affected. They are taking all necessary precautions to avoid any damage being caused to the environment. So, they prayed for dismissal of the application.
15. The 5th Respondent/State Pollution Control Board filed a reply affidavit narrating the establishment of the Thermal Power Plant in three stages and they are using sea water for cooling purposes which is drawn from M/s. Kamarajar Port Limited Basin. After cooling, the sea water is then discharged into the cooling water channel facility which finally joins with Ennore creek. The coal required for the unit is received at M/s. Kamarajar Port Limited and conveyed to the plant through closed conveyors. They have allotted dedicated berths for receiving coal at M/s. Kamarajar Port Limited. They are using coal as fuel in the furnace and the steam generate in the boiler is being used for generation of Electric power. They also explained the procedure for collection of fly ash and bottom ash and how it is being disposed of as has been narrated by the TANGEDCO in their reply. They have obtained necessary clearance/permission under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. The unit was inspected by the officials of the Board on 20.02.2016 and found that they have not provided recovery line in stage - II. Ash slurry was noticed along the pipeline route in one stretch of Buckingham Canal and in three stretches in the Kosasthalaiyar River enroute to the ash pond. It was informed by the officials of TANGEDCO that frequent punctures in the ash slurry pumping line passing across the Buckingham Canal and Kosasthalaiyar River is the cause for the deposition of ash slurry and they are taking action to remove the same. They also found lifting of ash from the ash pond by the private parties for land filling and road construction activities. They provided Pump house for stage -l for pumping the decanted water from the ash pond to the plant for ash slurry making and construction of Pump house and installation of machineries for pumping the decanted water from the ash pond to the ash slurry making for stage -II was under progress. Further discharge of decanted water partly from the ash pond into Kosasthalaiyar River was also Page 17 of 172 noticed. The unit was advised to stop the discharge of decanted water from the ash pond immediately and to make arrangements to pump the entire decanted water to the plant for ash slurry making. The problem of leakage of ash slurry from the ash slurry pipeline from the third respondent Thermal Power plant could be averted by providing recovery pipe lines for stage- II and replacing ash slurry pipelines of stage - l at the earliest possible time. As regard M/s. Kamarajar Port Limited is concerned, they obtained necessary consent under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and they are having facilities to handle Coal - 16 MT / Year (CB1 & CB2), Petroleum Products - 0.5 MKL/Month & Chemicals - 1 MT / Year. No trade effluent is generated from the unit and they provided dust suppression system / fogging system for coal unloading from the ships. On seeing the newspaper report in "The Hindu" dated 31.12.2015 regarding destruction of Mangroves by M/s. Kamarajar Port Limited, the site was inspected on 02.01.2016 along with official of Department of Environment, Government of Tamil Nadu. M/s. Kamarajar Port Limited proposed to develop additional coal berths (CB3-9 MTPA capacity & CB4-9 MTPA capacity) adjacent to the existing Coal Berths (CB1 & CB2) to meet the coal requirement of the Thermal Power Plants of Tamil Nadu Electricity Board (TNEB) (reconstituted as Tamil Nadu Generation and Distribution Corporation Limited - TANGEDCO). They have given the details of the extent of dredging area and the quantity of dredged material. They have given the length and breadth of the proposal coal berths as 366 m long and 27.5 m respectively. The design of dredged level is (- 18 m) CD Chart Datum i.e., below mean sea level for CB3 & CB4. The coal will be transported to the Thermal power plant in an elevated conveyor system and also provide stacked in the stack yard. The conveyer system will be fully covered with galvanized sheets and translucent sheets at regular interval. The proposed coal berths are falling in CRZ - IVA & CRZ III and conveyor belts falling in CRZ IB, III & IVB. They obtained Environmental Clearance & CRZ clearances from the Ministry of Environment and Forest and Climate Change vide Letter No. 11-51/2012-1A-III dated Page 18 of 172 12.03.2015 for the above said project subject to certain conditions, inter alia as follows:
―(i). The dredged materials shall be reused for low level rising wherever possible and excess shall be dumped into the sea at the designated dumping areas identified based on mathematical model studies. (ii) Dredged material should be dumped on the landward side and should not be dumped into the sea (CRZ - IV), intertidal area CRZIB) of the Buckingham canal and also in the salt pan areas as the salt pan areas are declared as CRZ - IB (Inter tidal zone) as per the approved Coastal zone Management plan of Tamil Nadu.‖
16. They have acquired 35 acres of salt pan area in Athipattu village and 647.663 Acres in Ennore, Puzhuthivakkam and Athipattu Villages of Ponneri Taluk, Tiruvallur District and proposed to dispose of the dredged material in this land, i.e. salt pan area by forming bunds, leaving 50 m setback from the High Tide Line of the Kosasthalaiyar River. These areas where they proposed to dispose the dredged material has been classified as CRZ -IB i.e., the area between Low Tide line and High Tide Line. During inspection of the site on 02.01.2016 along with officials of Department of Environment, Govt. of Tamil Nadu, it was noticed that the Port Authorities were carrying out Bund formation in the above said salt pan areas leaving only 50 m setback from the High Tide Line (HTL) contravening the conditions stipulated in the Environmental Clearance and CRZ clearances accorded to M/s. Kamarajar Part Limited for the development of additional coal berths in the Ennore Port by the MOEF & CC. GoI. The Tamil Nadu State Coastal Zone Management Authority has conducted a meeting on 05.01.2016 and formed a committee comprising of Dr. B.R Subramanian, Member, TNCZMA, Dr. Jayashree Venkatesan, Member, TNSCZMA and Er. Vasudevan, Convener, District Coastal Zone Management Authority (DCZMA), Tiruvallur District at Ambattur and the committee inspected the site on 22.01.2016 and submitted the report to the Government of Tamil Nadu/ Tamil Nadu State Coastal Zonal Management Authority (TNSCZMA) on 28.01.2016. The TNSCZMA in its 88th Meeting held on 15.02.2016 discussed the above said subject and resolved to direct the Environment Engineer, TNPCB / Convener, District Coastal Zone Management Authority to issue necessary instructions to the Ennore Kamarajar Port Trust to stop the work in the disputed sites. Accordingly, M/s. Kamarajar Port Trust Limited was addressed vide letter dated 26.02.2016 to stop the works in the disputed site i.e. bund formation to dump dredged material in the Page 19 of 172 inter tidal zone (CRZ - IB). The said site was inspected on 20.02.2016 & 26.02.2016 and during inspection it was noticed that the unit of M/s. Kamarajar Port Trust had stopped the work related to bund formation in the inter-tidal zone of the Kosasthalaiyar River for disposal of the dredged material. M/s. Kamarajar Port Trust Limited in their letter dated 03.03.2016 stated that they have already stopped the work in the disputed site (CRZ - 1B) in the inter-tidal zone and that no work would be undertaken by them without Consent of the Tamil Nadu State Coastal Zone Management Authority. So, they prayed for accepting their contention and passing appropriate orders.
17. The 7th Respondent filed counter affidavit contending that they came to know about the dredging material being deposited in the CRZ Zone through a report published in "The Hindu" dated 31.12.2015 under the heading "Ennore Fishermen Protest - Destruction of Mangroves" and they also received several representations from the Fishermen Associations in this regard. The Kamarajar Port was granted Environmental Clearance cum CRZ Clearance by MoEF & CC vide their Letter No.F.No.11-51/2012
- IA.III dated 12.03.2015 for two additional Coal Berths at Kamarajar Port, under specific condition (ix) where it has been permitted that the dredged materials shall be reused for low level rising wherever possible and excess shall be dumped into sea at the designated dumping areas identified based on mathematical model studies. They have directed to comply with the conditions imposed under condition 6 (b) vide their Letter dated 16.12.2014. As per the said letter, the dredged material should be dumped on the landward side and should not be dumped into the sea (CRZ 1V), Inter tidal area (CRZ 1B) of the Buckingham canal and also in the salt plan areas as the salt plan area are declared as CRZ 1B as per the approved Coastal Zone Management Plan of Tamil Nadu. The MoEF&CC vide their Letter No.10-28/2005- IA - III dated 10.09.2007, by which original clearance was granted for development of Terminals for marine liquids, coal, iron and containers in second phase and associated capital dredging at Ennore Port, it has been instructed under para 6 (A) (i) that it should be ensured that no mangroves are destroyed during reclamation. A meeting was conducted on 05.01.2016 under the Page 20 of 172 Chairmanship of the Principal Secretary to Government, Environment and Forests Department, Government of Tamil Nadu and in the meeting, the Kamarajar Port Limited was informed that any development work should be taken up based strictly on the CRZ Notification and further work can be taken up after finalizing the issue. A committee of members as mentioned in the counter statement of the Tamil Nadu Pollution Control Board was formed and they inspected the area and vide letter dated 19.01.2016, Kamarajar Port Limited was directed not to undertake any work in the disputed sites. The committee had submitted the report before the authority and the authorities will be taking appropriate action in this regard. They prayed for accepting their contentions and passing appropriate orders.
18. The 8th Respondent filed counter more or less reiterating the contentions raised by the official respondents including the State Pollution Control Board. When they have came to know about the leakage of pipe and deposit of wet ash, they inspected the area and found that the problem of leak was immediately attended by the TANGEDCO. They also engaged in removal of the deposited fly ash from the Buckingham Canal and it is being disposed through trucks for usage by public agencies for filling purpose. They are not directly dumping any waste in the Buckingham Canal or other water body.
19. The 3rd Respondent filed status report regarding the work undertaken by them for removing the fly ash that is deposited in the Buckingham Canal area due to leakage from the pipelines. According to them, a total quantity of 9740 Cu.M. wet ash has been removed by two agencies viz., M/s. GVR Infra Project Limited, Chennai and M/s. Ashoka Buildcon Limited, Chennai. Though certain amounts were sanctioned for the purpose of removing the balance quantity found below the pipeline bridge and the below the HD Towers, the same could not be released due to code of conduct declared in connection with the election. Once approval is granted, the same also will be removed. They will be taking all steps to remove the fly ash deposited in the area at the earliest possible time. They also produced some documents in this regard.Page 21 of 172
20. They also filed further status report regarding the removal of fly ash.
They have stopped the decanting water into Ennore creek by continuous operation of two numbers of recovery water pumps by NCTPS Stage - I and one number recovery water pump by NCTPS Stage - II. So, the leakage and discharge of decanted water to Ennore Creek were stopped.
21. The 4th Respondent filed counter affidavit in the form of additional grounds contending that they developed on the East Coast of India with an investment of Rs.1058 crore for handling thermal coal for power plants of Tamil Nadu Electricity Board (TNEB), presently TANGEDCO. It was declared as a Major Port under the Indian Ports Act, 1908 in March 1999 and it was incorporated under the Companies Act, 1956 originally as Ennore Port Limited (EPL) and later it was renamed as Kamarajar Port Limited (KPL). They have explained the nature of work undertaken by them and also the facilities provided. For the purpose of expansion of their activity, they have obtained 683 Acres from the Salt Department in March 2015 outside the Port main gate alongside of the Port access road between NCTPS railway line, NCTPS road and the area adjoining eastern side of Ennore creek (Kosasthalaiyar River) upto Buckingham canal. The Environmental Clearance for that was sought and the same was granted subject to certain conditions which inter - alia permits to dump the dredged material on the landward side. When they started formation of the bund in the area known as B, C & D, objections were raised by the local people. On the basis of the complaint, inspection was conducted by the committee appointed by the Tamil Nadu State Coastal Zone Management Authority and they have decided to inform the Kamarajar Port Limited not to dump the dredged material in CRZ - 1 B area. When they received the direction from the State Pollution Control Board, they immediately stopped the same. As per the conditions imposed by the Tamil Nadu Coastal Zone Management Authority, the dredged material should not be dumped into the sea, inter-tidal area of Buckingham canal and also salt pan areas. It was clarified that as per CMDA Master Plan, this particular area has been classified as Special and Hazardous Industrial area and not as Salt Pans and the salt is not cultivated for decades in that place. Certain port related activities are allowed as per the CRZ Notification, and the 4 Respondent intend to carry out only such Page 22 of 172 activities which are allowed, for which, they requested clarification from MoEF&CC, and it is being awaited. After utilizing the dredged material for the formation of road, if any excess material is found, it will be removed forthwith. The construction of road is likely to be started by end of 2016 and completed within a period of 6 months. They have not dumped any dredged spoils either inside the Kosasthalaiyar River or inside the Buckingham canal, blocking the flow of river / water. They dredged the material within the area purchased by them and permitted as per the clearance granted by the MoEF&CC. They recently built a new road across the Buckingham Canal by fixing three big pipes (approximate width 3 feet) for flowing of water connecting Kamarajar Port access road in the North-west back side of the 3rd Respondent. So, they prayed for recalling the interim order passed by this Tribunal on 17.08.2016 for the purpose of carrying out their further activities.
22. The 7th Respondent filed further counter thereby they have informed the action taken on the basis of the report of the committee in their meeting held on 15.12.2016.
23. The 4th Respondent filed additional counter wherein they have contended that the committee found location 3 identified for dumping is beyond 100 meters from Buckingham canal and dumping of dredged material was noticed. As it is beyond CRZ area, the activity was found to be in accordance with clearance given and no violation was noticed. But the location 1 & 2 identified for dumping were declared as disputed site and in the meeting held on 15.02.2016, it was unanimously resolved that the dumping of dredged material at the identified locations 1 & 2 is a CRZ - 1A area, and is a clear violation by the Kamarajar Port Limited against the clearances granted and decided to stop the work in the disputed area. So, they stopped the work in the disputed area and location 3 identified by the Kamarajar Port Limited is a permitted area as per the clearance granted. They continued to dump the dredged material only in location 3 in Survey No.354 part and on 24.10.2016 at about 16:45 hrs, the revenue authorities without any intimation to the port authorities visited the dumping yard and seized four vehicles involved in dumping the excavated earth owned by M/s. Sai Saravanan, one of the authorized sub Page 23 of 172
- contractor of M/s. ISDPL, the contractor for Phase - II dredging in the Kamarajar Port. They are doing dredging work after obtaining necessary requisite permission from various authorities viz. Environmental Clearance from TNPCB, MoS, Ministry of Environment, Forest and Climate Change, GOI etc. and this has been the procedure it was followed by the port authorities and the act of the Revenue came as a surprise for them. They also reiterated the conditions imposed in the Environmental Clearance as to how the dredged materials can be used. So, they prayed for passing appropriate orders, accepting their contentions.
24. The Tamil Nadu Pollution Control Board filed further report reiterating their contentions regarding the activities carried on by the TANDECO and the permissions obtained by them under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. When they inspected the area subsequently it was revealed that emission standard of PM exceeded. So, a show cause notice was issued vide letters dated 17.06.2014, 20.05.2015, 05.08.2015, 07.09.2015 and 08.05.2016. They sent a reply to the show cause notices issued stating that they are complying with the norms and also the reason for the exceedance of PM level. They were directed to attend the personal hearing on 03.11.2016 at 11.00 a.m. to discuss about the issue and during the personal hearing, TANGEDCO officials have provided the nature of precautions taken to reduce the stack emission level as follows:-
"a.) All the unit's are more than 20 years old and operating with coals from different sources & ash content, the SPM levels also vary accordingly.
b.) The emission levels are monitored continuously online and data uploaded to CARE Air center, TNPCB.
c.) Round the clock maintenance works are carried out to ensure un - interrupted ash evacuation through PDFACS thereby preventing accumulation of ash in ESP hoppers thereby avoiding the carryover of fly ash in the flue gas.
d.) Replacement of worn out mixing apparatus, defective ash discharge lines and flushing nozzles has been carried out periodically to avoid accumulation in the hoppers, thereby avoiding the carryover of fly ash in flue gas.
e.) Viewing the complex parameters and factors involved in emission mitigation, OEM BHEL has been addressed to undertake a detailed study of the existing system.
f.) Also we are in to the process of complete revamping of ESP and all the related systems, to comply with the revised standards.
g.) Action taken for compliance of MoEF notification dt.07.12.15 Stack Emission Standards:
i) Revamping of ESP and all the related systems has been recommended and the vendors has been addressed to submit the offers for evolving an action plan.
ii) Modification of ESP, installation of desulphurization systems to control SOx, and SCR to control NOx would result in the compliance of standards.‖ Page 24 of 172
25. The TANGEDCO officials also agreed to comply with the following decision of the Board namely, "1. The unit shall submit proposal with time bound action plan to revamp the existing ESP and to provide additional APC measures such as existing ESP followed by reverse pulse jet - Bag house filter, desulphurization systems to control SOx, and SCR to control NOx.
2. The unit shall adhere to MoEF & CC Notification Dt: 02.01.2014 regarding supply and use of coal with ash content not exceeding 34% to coal based thermal power plant.
3. The unit shall increase the controlled rapping frequency to control the PM emission during rapping operation so as to reduce the load to ESP.
4. The unit shall adhere to MoEF & CC Notification Dt: 25.01.2016, Wherein it has been instructed that "All coal (or) lignite based thermal power plants shall comply with the provisions in addition to 100% utilization of fly ash before 31.12.2017.‖ Hence, the unit shall provide adequate dry fly ash silos with pneumatic conveying system for storage of fly ash and the dumping of bottom ash into the ash dyke alone are to be followed.‖
26. They have been directed to submit a time bound action plan to replace the new pipeline instead of all old pipelines carrying ash slurry across the entire cross section and stretch of Buckingham Canal and Kosasthalaiyar River with leakage detection sensor for automatic tripping of ash slurry pump motor as remedial and safety measure to avoid frequent rupture and puncture of old pipeline carrying ash slurry.
Pleadings - O.A. No.152 & 198 of 2016 (SZ)
27. In the connected cases also, the respective respondents filed counter more or less in tune with the contentions raised by them in O.A. No.08/2016 and as such we are not repeating the same.
28. All these cases were considered by this Tribunal on various occasions and different directions have been issued. Reference is necessary to some of the orders.
29. Vide Order dated 17.08.2016 in O.A. No.08/2016, the Public Works Department itself was directed to remove the ash slurry that has been deposited due to leakage of pipeline in the Buckingham Canal and realize the cost incurred from the 4th Respondent - Kamarajar Port Limited, if they did not do the same by themselves. As per order dated 09.09.2016, this Tribunal restrained the 4th Respondent - Kamarajar Port Limited from doing reclamation work or bund formation work in the disputed Page 25 of 172 site, as it comes under CRZ 1 B which is prohibited unless appropriate permissions are obtained.
30. As per the order dated 07.10.2016, this Tribunal noted the order passed on 17.08.2016, directing the TANGEDCO and M/s. Kamarajar Port Limited to remove the newly built up small bridge culvert and this Tribunal had also considered the report of the Public Works Department, wherein it was noticed that the TANGEDCO has started putting up the pipeline even before any permission was granted in violation of Para (7) and based on the directions issued by the Public Works Department, the TANGEDCO had stopped the work and further, they have been directed not to proceed with the work without obtaining No Objection Certificate from the Government. The Public Works Department also gave direction to the TANGEDCO to remove the culvert and passage.
31. On 27.10.2016, this Tribunal had considered the various reports submitted and the violations noted and the action taken and directed the State Pollution Control Board to take appropriate action against the erring units which were causing pollution. Vide Order dated 10.03.2017, this Tribunal had considered the submissions made by the learned counsel appearing for M/s. Kamarajar Port Limited that steps had been taken to remove the dredged materials in the CRZ area and that has been completed.
32. In O.A. No.152/2016, Original Respondents No.2 to 5 were deleted as per dated 08.11.2016 and Respondent No.11 was also deleted as per order dated 20.03.2017 and M/s. Kamarajar Port Limited and M/s. International Seaport Dredging Private Limited were impleaded as additional Respondents No.12 & 13 (Rearrayed as Respondents No.6 & 7) as per order in M.A. No.261 of 2016 in O.A. No.152/2016 (SZ). Vide Order dated 13.07.2016, in O.A. No.152/2016 (SZ), there was an interim injunction granted against the Original Respondent No.11 from dumping sand or any other material in Kosasthaliyar River originating from Arani to Palaverkadu Lake until further orders. Subsequently, by order dated 27.02.2017, the Original Respondent No.1/Chief Secretary, Government of Tamil Nadu was also deleted from the party array.
Page 26 of 17233. In O.A. No.198/2016, the Original Respondent No.16 was deleted as per order dated 05.10.2016 and the Original Respondents No.11 & 15 were also deleted as per order dated 13.01.2017, based on the submissions made by the learned counsel appearing for the applicant. Vide Order dated 11.07.2017 in M.A. No.34/2017 in O.A. No.198/2016, after allowing the above said Miscellaneous Application, this Tribunal had appointed Mr. B. Lakshmi Narasimhan as Advocate Commissioner to inspect the area in question and submit a report.
34. Vide Order dated 31.05.2017, in O.A. No.152/2016 (SZ), this Tribunal had considered the contrary statements found in the Advocate Commissioner‟s Report and the memo and photographs produced by the applicant regarding the existence of mangroves and its destruction and the removal of dumped materials were not completed and directed the Advocate Commissioner to inspect the area again and file a report regarding the following aspects:- (i) whether the entire dumped materials had been removed by Kamarajar Port Limited, as per the directions issued by the Tribunal vide order dated 18.11.2016? and (ii) while removing the dumped materials, whether the Kamarajar Port had taken care of retaining mangroves and found out as to whether the mangroves had been removed/damaged and Mr. T. Sai Krishnan, Advocate was appointed as Advocate Commissioner for this purpose.
35. Thereafter, all these cases were tried together from 04.08.2017 onwards.
36. As per order dated 04.08.2017, this Tribunal had constituted a Joint Committee comprising of (i) Dr. Sultan Ahmed Ismail, Director, Eco- science Research Foundation, Chennai, (ii) Dr. Narasimhan, Retired Professor of Madras Christian College, Tamabaram and Expert in biodiversity, (iii) Dr. Balaji Narasimhan, Professor, IIT - Madras, Department of Hydrology, and (iv) Mr. K. Elangovan, Executive Engineer, Public Works Department (WRD), Chennai for the purpose of ascertaining the remediation process of damage caused to the Kosasthalaiyar River and Buckingham Canal on account of deposit of fly ash due to leakage from the pipelines carrying that wet fly ash (ash Page 27 of 172 slurry) to the ash dyke or silos by the TANGEDCO with following Terms of Reference:-
―1.Location of ash ponds, their storage capacity, present storage levels, their present condition and steps taken to avoid leakage and consequent pollution from the ash ponds.
2. Quantity of fly ash generated by both the units from the beginning of the production in the units, present quantity stored in the ash ponds and quantity utilized duly verifying the records.
3. Unaccounted quantity of fly ash.
4. Quantity of fly ash that leaked/discharged/dumped into the water bodies and present approximate quantity lying in the water bodies.
5. Environmental impacts resulting from the leakage/discharge/dumping of fly ash on the following:
Effect on flora and fauna and local biodiversity including Mangroves Effect on rare and endangered species, if any Reduction in species diversity, habitat loss Transformation of natural landscape Effect on human health Effect on use of land and resources for traditional purposes by local community Pollution of the water bodies i.e. rivers/streams/canals Effect on ground water Effect on hydrology in the area and it's surroundings Percolation of hazardous materials from the fly ash and consequent damage to the soil and land degradation
6. Social and economic impact if any, on the local fishermen community
7. Method of Restitution/remediation, technology to be adopted time required approximate cost involved to restore the environment
8. Any afforestation is required to be undertaken in the affected areas, if so species, methodology extent of area and technique.
9. Present position of transport of fly ash slurry and condition of the pipelines transporting fly ash and action taken by the TANGEDCO in preventing leakage and replacing the pipelines.
10. Implementation of MoEF & CC Notification dated 14th September, 1999 amended in 2003, 2009 and 2016 on utilization of fly lash with present position with full particulars.‖
37. The Executive Engineer, Public Works Department (WRD) was designated as the nodal officer for co-ordination and providing necessary logistics. The officials of the TANGEDCO, Public Works Department and State Pollution Control Board and other relevant departments were directed to assist the committee in carrying out the work. The committee was also permitted to have the opinion of Mr. S. Sampathkumar, Retired Director of TANGEDCO in this regard and the expenses were directed to be met by TANGEDCO. As far as Kamarajar Port Limited is concerned, this Tribunal had considered the report submitted by the Advocate Commissioner dated 11.07.2017 and found that the dredged materials are still found dumped to an extent of 2 to 3 feet depth, though it was in contradiction to the submissions made by the officer of the Kamarajar Port Limited in March 2017 that the entire dredged materials were removed. The learned counsel appearing for M/s. Kamarajar Port Page 28 of 172 Limited and one Mr. V. Krishnaswamy, General Manager (Operations) of the Kamarajar Port Limited were explained the steps taken by them for removal of remaining dredged material and the care taken for the purpose of preserving and spreading mangroves in that area. After accepting the undertaking given by the Port officials, this Tribunal directed them to remove the remaining dredged material carefully within 10 days without affecting the mangroves in that area. Mr. T. Sai Krishnan, Advocate Commissioner was directed to visit the place again and submit a further report.
38. On 06.09.2017, this Tribunal had considered the report submitted by the Advocate Commissioner viz., Mr. T. Sai Krishnan and thereafter, directed the Assistant Manager (Law) of Kamarajar Port Limited who was present in Tribunal to remove the remaining dredged material and ash content and ensure that the original soil layer is retained and report the same with photographs on the next hearing date to enable the mangroves to regenerate in that area. Further, this Tribunal had also considered the Preliminary Report submitted by the Expert Committee appointed and considered the submissions made by Dr. Sultan Ahmed Ismail, Director, Eco-science Research Foundation, Chennai one of the committee member who was present in Court about the further work to be done in that area.
39. Vide Order dated 11.09.2017, after considering the submissions made by Dr. Narasimhan, Retired Professor of Madras Christian College, Tamabaram and Dr. Balaji Narasimhan, Professor, IIT - Madras, Department of Hydrology (Expert Committee members appointed by this Tribunal), this Tribunal permitted the organization called M/s. Sakura Geo Information Software Research Private Limited for assisting them in carrying out the work and directed to consider the proposal given by M/s. Sakura Geo Information Software Research Private Limited, M/s. STRATUS Environment Inc., Chennai and M/s. Tamil Nadu Test House Pvt. Limited, Chennai and directed the TANGEDCO to accept the proposal and engage the said organization for the purpose of carrying out the work as suggested to be carried out by the Expert Committee. On that day, this Tribunal had also considered the submissions made by the Page 29 of 172 Expert Committee that M/s. Kamarajar Port Limited also dumped dredged materials in the area which affected the natural growth of mangroves which was subsequently removed and directed the Expert Committee to give their recommendations regarding the remediation process particulars relating to regeneration of mangroves and possibility of inundation with salt water during high tide which can be utilized to the maximum extent for the development of the mangroves in that area and also considered the report given by the Experts regarding the diversity of salt marshes of Ennore and Puttapalli and directed the Experts to include the same also in the final report. This Tribunal, by this order, directed M/s. Kamarajar Port Limited not to carry out any other activity except the routine maintenance work and further orders will be passed after receipt of the final report by the Experts.
40. As per order dated 21.12.2017, the Judicial Member, who alone was available had considered the various reports submitted by the Joint Committee as well as the State Pollution Control Board and also considered the impact of dumping of waste affecting the water quality and causing respiratory and thermal diseases and directed the TANGEDCO to provide necessary protective measures to the workers who were engaged in removal of fly ash in that area. By this order, this Tribunal had also directed the TANGEDCO to expedite the process of replacing the existing ash pipeline.
41. The matter was again taken up on 20.05.2019, and on that day, after considering the various orders passed earlier, this Tribunal directed a study to be conducted by an Expert body regarding the present status and the manner in which the fly ash is being disposed of by the polluting unit and assessment of damage caused to the environment and the remedial measures to be taken for restoring the damage caused to the environment and appointed a Joint Committee comprising of (i) Central Pollution Control Board, (ii) Indian Institute of Technology (IIT), Madras and (iii) Tamil Nadu Pollution Control Board and they were directed to inspect the unit and ascertain the present status of the unit in respect of fly ash disposal, damage caused to the environment, to the area in question and its surrounding, cost of restitution and assess the damage Page 30 of 172 caused to the environment on account of illegal act committed by the above unit. The committee was also directed to consider the earlier report submitted by another expert committee appointed by this Tribunal for the purpose of guidance for doing the exercise in the manner in which it had to be done. The expenses for conducting the study was directed to be met by the polluting unit, the Thermal Power Plant and directed them to give logistic support to the members of the Joint Committee in conducting inspection and preparation of the report. The CPCB was given the option to co-opt any expert person whom they feel necessary for the purpose of complying with the directions of this Tribunal in assessing compensation and also the remedial measures for restoration of damage caused to the environment. The applicant was also granted permission to make their submissions before the Joint Committee.
42. Vide Order dated 14.10.2019, the State Pollution Control Board was directed to file a detailed report regarding the action taken on the basis of the findings of the committee against the unit for violation found including imposition of compensation as directed by the Principal Bench of National Green Tribunal, New Delhi in Shantanu Sharma Vs. Union of India & Ors. (Original Application No.117 of 2014), Anupam Raghav & Anr. Vs. Union of India & Ors. (Original Application No.499 of 2014) and Sandplast India Limited & Ors. Vs. MoEF&CC & Ors. (Original Application No.102 of 2014) dated 20.11.2018.
43. The matter was again taken up on 18.11.2019, and on that day, this Tribunal had considered the status report submitted by the Tamil Nadu Pollution Control Board received through e-mail dated 16.11.2019 narrating the compliance and non-compliance of the Thermal Power Plant in question which was extracted in Para (2) of the order which reads as follows:-
S. N Recommendations ofthe Units action taken Observation noticed during o committee replydated:11.11.2019 the time of inspection on 11.11.2019.
(1) The unit shall remove the As suggested by the Not complied.
fly committee
Page 31 of 172
ash deposited on the land formed by The unit has not procured or
in Honourable NGT, a
and around the ash carrying separate identified temporary yard
land area has to for the disposal of ash deposited
pipeline and ash on the land in and
disposed be identified around the ash
inside the for
premises temporarily storing pipeline and ash
quantity of 395979 Tonnes the
and shall store in temporary Wet ash. inside the premises
storage area and/ or sent In this regard a letter
directly for has recommended by
beneficial been addressed committee which is shown in
purposes from the following Figures.
Chief Engineer/NCTPS-
I
to Chief Engineer/Civil
Design/Chennai- 02
(Vide
Lr.No.CE/NCTPS-I /
SE /
CM /EA/
F/D.553/19,
dt.03.10.19 for
identifying
aland for the
establishment of one
more ash dyke in
addition to the
existing ash dyke.
Since theexisting
ash dykeLevel reached to
minimum free board
level.
(2) The unit shall completely The desilting work in the Being Complied.
remove the ash deposited in B'canal is being carried Buckingham canal for a out by PWD. The desilting work is being quantity of 93096 m3 Tonnes carried out in Buckingham canal and shall store in temporary TANGEDCO by PWDhas as their regular work. storage area and/ or sent prepared an estimate and directly for beneficial is under sanction for Th e As h c o l l ec ted from purposes removing the desilted ash Buckinghamcanal is deposited on bunds of dumped on the banks of B'Canal for clearing. The Buckingham canal as shown in work will be the following Figures.
However the unit hasfurnished
completed anbefore
estimate
March 2020.
amount of
Rs.16,07,750/- for
t h e r e m o v a l o f a s hd e p o s i t e
d in the
Buckingham canal
which is undersanction.
Page 32 of 172
(3) The unit shall completely As directed by the Not complied.
remove the ash deposited in Honourable NGT PWD Kosathaliyar river for a has submitted an estimate T h e u n i t h a s n o tr e m o v e d quantity of 325000 Tonnes for desilting of the ash from NCTPS main gate to Kosathaliyar river for an deposited in KPL main gate for a length of amount ofRs.28.5 Crores Kosathalaiyar river as per the 2.4Kms for a average width of and B'Canal for an committee recommendation.
130m and depth of 1m and amount of rupees 66 However, the unit has furnished
shall store in temporary Lakhs. a copy of approval accorded by
storage area and/ or sent the CMD
directly for beneficial The above est imate TANGEDCO for a sum ofRs.
purposes. 66 . 23 Lakhs for
has desilting
been of B' Canal &
administratively 28 . 5 Crores for Dredging the
approved byCMD / Back waters of
TANGEDCO the VideB.P.No.311Kosathalaiyar
river.
Dt:12.09.2019.
To transfer the fund to
PWD, aletter has been
addressed on
25.10.2019 seeking the
mode ofpayment.
(4) The unit shall completely The silt Not complied.
remove the ash deposited in formation
Kosathaliyar river for a deposited T h e u n i t h a s n o tr e m o v
quantity of 468000 Tonnes in ed the ash
form Ennore creek to the deposited in
NCTPS-I main gate for a upstream of Kosathalaiyar river as per the
distance of 1.7Km and from the committee recommendation.
KPL Main gate to Kattupalli
downstream for a distance of Kosathaliyar river is 1.9 Km for a average width of very far away from the 130m and depth 1m and shall NCTPS-I ash slurry store in temporary storage pipeline crossing of the area and/ or sent directly for river about 1.5 to 3 beneficialpurposes. Km. There is no possibility of ash deposited in the upstream of the river.
Further, silt formation
mentioned by the
committee may due to
tidal action of the sea ,
rain water flow , sewage
and Industrial/Domestic
waste from the
surrounding areas.
Page 33 of 172
(5) The unit shall replace the The replacement of Ash Not Complied.
existing Ash Slurry pipe Slurry Disposal Line The unit has not replaced lines No. 1,2,3&4 with new No.1 with ETPS pipe existing Ash Slurry pipe lines Cast Basalt Lined pipe lines lines for the entire length No. 1,2,3&4 with new Cast for a total length of 20523m of 5129 meters, tender Basalt Lined pipe linesfor a length. was finalized and work is total length of 20523m and under progress and during inspection it wasnoticed that the Bottom ashslurry from expected to NCTPS be stage -I is being pumped in to Primary ash completed by pond-II Dec-2019.
through4 Nos. of ash slurry pipe lines. Out of 5 Nos.
Procurement of Cast ash slurry pipe lines 4 nos. are Basalt Lined pipe lines for in service and replacement of 15,394m length towards pipe line no.1 is in progress as replacement of pipe line stated by the unit. Ash slurry Nos. 2, 3 & 4 tender is pipe lines are under process and to be shown in the completed during following Figures. It was Oct'2020. reported that the indent has been raised for the replacement of pipe line Nos.2,3&4 and the replacement works will be completed before October 2020.
(6) The unit shall provide An amount of rupees Not complied.
impervious Toe drain around 18.17 Lakhs The hasalready unit been has paid not to IITM on 25.06.2019
the Ash dyke for alength of the Ennore SEZ
6000m for the collection of Project provided impervious
seepage wing/TANGEDCO Toe drain around the
water and to be Ash dyke as shown
existing Recovery towards the intechnical the following
Wa consultancy
ter fo Figures.
sump r However the unit has
a th reported that the
nd e technical consultancy
reuse for Ash slurry making Comprehensive work / for the
Rehabilitation/Re-
constructionand raising rehabilitation /
of NCTPS ash reconstruction
dyke.The team of IITM has and
visited the raising of Ash Dyke
site on Bund has been
31.08.2019. entrusted to IITM.
The soil exploration test It was reported that
has also the team
beenof IITM has visited the
Ash Dyke
completed and Bund theon report is awaited.
31.08.2019
After receiving the report
and an impervious toe drain
around the Ash Dyke will be
provided within one year from
the date of receipt of
report from an IITM.
(7) The unit shall provide 6000 Request has been Not fully complied. The unit
Nos. of trees in and around made to the District has planted
the ash dykes and grow it Forest
well so as to prevent the dust Officer, 50 Nos. of tree saplings
emission from the ash dyke. Teynampet, in the
Chennai by the eastern side of the
primary ash pond-II
SE/CM/NCTPS-I
as shown in the
(videLr.No. following Figures.
SE /
CM However it was
/ reported that the unit
Page 34 of 172
NCTPS-I /
F.49 / has taken steps for
D.473/19,dt.16.09.19) the plantation of tree
for inspecting saplings around the
the ashdyke
area and supply of Ash Dykes as
recommended by the
5000 Nos of
Saplingsthat can committee through
be planted District Forest Officer,
in
the ash dyke area. Chennai District for
In response to that, the which letter received
from the unit.
staff of Forest
Department visited
thesite on
07.11.2019 and they
informed that they
will plant
the saplings
around the
ash dyke
after discussing
with
their higher officials.
In the meantime an area
around the Ash dyke
has been cleared and
made ready
for
thelength
of about 3500m and
nearly 110 Nos of
saplings have been
planted (Photos
enclosed). Early
The
(8)unit shall make existing ash ponds An amount of rupees Not complied.
impervious so 18.17 Lakhs The has unit has not
asto
preventthe already been made
paid toIITM on
existing
25.06.2019
ashby
ponds (Primary Pond-II
seepages as per the Ennore &Secondary
SEZProject
Pond) impervious
consultancy of IITM, so as to
Chennai wing/TANGEDCO
towards the prevent
technicalconsultancy the for
Comprehensive seepages. / The unit is still
Rehabilitation/Re- disposing the ash slurry in the
constructionand raising pervious ash ponds as shown of NCTPS ash in dyke.The theteam of IITM following has visited the site Figures.on31.08.2019 and the soil exploration test also completed and the report is awaited.
Page 35 of 172(9) The unit shall obtain After receipt of the Being complied.
technical study report from consultancy report from IITM Chennai for the IITM, Chennai, the bund The unit has reported that the remedial measures such as technical consultancy work for strengthening of Ash Dyke will be the made rehabilitation impervious and other related work will be im andother related works in / Ash dyke and implement the An amount of rupees recommendations 18.17 Lakhs has already reconstruction and been paidto IITM on raising of Ash Dyke Bund has 25.06.2019 by theEnnore been entrusted to IITM.
SEZ Project
wing/TANGEDCO It was also reported that the
team of IITM has visited the
towards the technical Ash Dyke Bundon 31.08.2019 consultancy for and thetheremedial Comprehensive measures such as strengthening of Ash Rehabilitation/Re- Dyke and other related works in construction and raising of NCTPS ash dyke. Ash dyke as recommended by the committee The team of IITM has will be visited the site on 31.08.2019 and the soil completed and exploration test also commenced within 1 yearfrom completed and the report the date of receipt ofIITM report. is awaited. After receiving the report the work will be commenced and completed within 1 year from the date of receipt of report.
(10) The unit shall provide Quotations have been Not complied.
sufficientnumber of received from various
piezometric wells/monitoring firms for carrying out the The unit has not provided
wells around the dykes and work for providing piezometric wells/monitoring
upstream of the industry to Peizometric wells / wells around the ash dykes and
monitor the ground water monitoring wells around upstream of the industry to
quality the Ash dyke at 6 monitor the ground water
locations for monitoring quality.
the ground water quality.
The workwill be
completed within 2
months.
(11) The unit shall bring back Decanted Notwater
complied.
Recovery water Pump No.3
in to service and to replace collected from the The unit has not yet rectifiedthe
the existing worn-out secondary pond is being repair in recovery water pump
Recover water pipe Line re-circulated and utilized no.3. No.1 for a entire length of for ash slurry mixing in 2815 m Bottom Ash Hopper and During inspection it was noticed cleaning purpose in ESP that the recovery water pump areas. In Recovery No.2 is also not in service as Water Pump house showing in the following (RWP) 4 Nos pumps are Figures. The unit has not installed for pumping the replaced existing Ash Slurry decanted water, out of pipe lines No. 1,2,3&4 with new which 2 nos are in Cast Basalt Lined pipe lines for service. Normally 2 Nos a total length of 20523m and of RWP is sufficient for during inspection it was noticed recirculation that the and Bottom ash slurry from maintain the pond level. NCTPS stage -I is being pumped In Recovery Water Pump in to Primary ash pond-II Page 36 of 172 No.2 minor repairs have through 4 Nos. of ash slurry to be done. pipe lines. Out of 5 Nos. ash For Pump slurry No.3 pipe Procurement lines of spares for a value of Rs. 85.
were finalized 4 nos.
for avalue
are ofinRs.289.00
service lakhs
and and required plates
carrying out replacement
thefabrication
of pipe line
is awaited
no.1 is and
in Erection work will
materials. progress as stated by the unit.
I t was reported that the
indent has been
raised for the
replacement of pipe line
Nos.2,3&4 and
the replacement
works will be
(12) The unit shall UNIT- I&II Being complied.
modifyexisting three
Electrostatic Administrative The CPCB has
precipitat Approval has been
or attached accorded for R&M of directed vide
the 3 No. ESP
b in Unit I&II on dated:11.12.2017 under section 5 revised norms of 18.09.2019 for an of the Environment(Protection) particulatematter amount of Rs. 82.50 Act 1986 to the unit to retrofit / emission 100 mg/m3 as per Crores.
MOEF & CC notification install Electrostatic dated 07.12.2015 Indent preparation under precipitators (ESP)by progress.
December 31,2022,
Unit III:
June 30,2022 and
Administrative
Approval has been March 31, 2022 for
accorded for R&M of
ESP in Unit III on unit's I, II & Ill
09.02.2019 for an respectively so as to
amount of Rs. 41.25
Crores. comply with the
revised norms of
Tender Specification to be particulate matter
prepared by SE/P&A vide
Indent No. 29/ dt.
10.0.2019. Approved in
indent committee meeting
No. 224/ Dt.
29.08.2019. Tender
specification preparation
is under process. Time
frame was issued by the
CPCB vide notification
dated 11.12.2017 for
retrofitting ESP of
Unit I is by 31st of
December, 2022, for
Unit II is
Page 37 of 172
30th June, 2022 and for emission 100 mg/m3 as per Unit III isby 31st MOEF & CC March,2022.
notification dated
07.12.2015.
It was reported that
the
administrative
approval has been
accorded for R&M of
ESP in Unit 1,11 &
the same will be
completed as directed
(13) The unit shall replace the The worn out sagging Complied.
worn-out boiler roof tubes in boiler roof tubes already Unit-II and Unit-III so as to been replaced in Unit-I The unit has arrest the discharge of during January 2019 replaced the worn-out boilerroof fugitive emission. and in Unit II the roof tubes in unit --II & Ill soas to tubes have been replaced arrest the discharge offugitive during August emission.
2019.0n i nspection during overhaul of Unit III in August 2019 no sagging of rooftubes have been observed andhence replacement of roof tubesare not required.
However minorleaks in the tubes have been rectified.
(14) The unit shall develop Only after removal of Not Complied.
Mangroves plantations and ash from Kosasthaliyar The unit has not developed other costal vegetation in river andB'Canal area Mangroves plantations and other both sides Kosasthaliyar river costal vegetation in banks, Buckingham canal and the plantation both of mangroves and other sides vegetationswill be tak nearby by affected coastal Kosasthaliyar river areas, in consultation with banks, Buckingham canal and M.S.Swaminathan nearby by foundation (or) Annamalai affected coastal University. areas.
However it w a sr
eported that t h ep l a
ntations will be
developed after
removal of ash deposited.
(15) The unit shall ensure Due to the expiry of Being Complied. However, the complete utilization of fly ash MOU between the unit shall ensure that the fly ash as per the Ministry of cement companies and generated is completely utilized Environment, Forest & TANGEDCO and due to for further beneficial use without Climate Change fly ash lesser demand, the mixing in the notification of 2016. utilization of fly ash was in the falling trend from bottom ash the year 2014-2015 generated.
(44.82%) and further due to installation of new plants of higher capacity in vicinity, the sale of fly (16) The unit shall carry out Recently the committee Not complied. The unit has ground appointed by the Page 38 of 172 water, surface water Honourable NGT has not yet carried out ground monitoring once in six conducted the ground and water & surface water study months surface water survey in through any NABL Aug' 2019. The next through reputed institution accredited survey will be conducted laboratory in the affected during the month of and not furnished to the areas. Further detailed study March 2020. Board. may be carried out by Ground water department or any reputed institution on the status of ground water, surface water quality once in year It is further submitted that the compliance status of latest consent order conditions issued vide Proceeding dated 25.06.2014 are submitted as follows: -Under Air Act:
1. The unit shall maintain the coal Complied.
handling conveyer system and junction towers and The unit has maintained the coal ensure that no coal dust shall be handling conveyer system and junction accumulated in the adjacent area of coal towers and ensures that no coal dust is handling conveyor and junction towers. accumulated in the adjacent area of coal handling conveyor and junction towers.
2. The unit shall operate and maintain Complied.
Water sprinkling and cyclone separators The unit has operated and maintained provided at junction towers to control water the sprinkling and cyclone separators dust emission. provided at junction towers to control the dust emission junction towers to control dust emission.
3. The unit shall ensure the APC measures Complied. provided in the coal crushing area shall be The unit has ensured theAPC measures under working condition so as to control provided in the the coal crushing area is under dust emission. working conditionso as to control the dust emission.
4. The unit shall install Partially Complied.
Online Stack Page 39 of 172 monitoring system for SO2 , NOx and PM The unit has provided Online and to connect thesame to CARE Air Continuous Emission Monitoring Centre, TNPCB, System (OCEMS) for unit I, II, Ill of Chennaiwithin three three stacks to monitor the parameters months. PM, SOx, NOx which was in operation (Except SOx & NOx in unit I) at the time of inspection and the same is connected with CAC, TNPCB, Guindy and CPCB server. It was reported that in the SOx, NOx censor in unit-I, was not working which will be rectified within three months.
The report of analysis of
Stack Monitoring survey
conducted through
Board's lab on 15.04.2019
reveals that the
parameters SO2 in unit-II
Boiler stack alone
exceeded the stack
emission standards
prescribed by the MoEF &
CC Notification dated
07.12.2015.
5. The Unit shall provide continuous Partially Complied. ambient air quality monitoring station The unit has provided Continuous and the same shall be connected to Care Ambient Air Quality Station (2Nos) Air Centre TNPCB, Chennai within three for the parameters PM10, PM 2.5, SOx & NOx at the following location which are connected with the CAC, TNPCB, Guindy and CPCB server.
1. NCTPS-
stage-I Substation which is under operation from05.03.2018
2. TNEB StaffQuarters (VallurCamp)
-Not in operation since one year due to fireincident.
6. The unit shall operate the Air Complied.
Pollution Control measures efficiently and The unit has provided the air pollution continuously to achieve the National control measures such as Electrostatic Ambient Air Quality Standards as per Precipitator for Boiler , Dust Extraction MOEF Notification. and Dust Suppression for coal handling area which are being operated and maintained by the unit regularly so as to achieve the NAAQS standards.
The unit has provided
sampling port hole for the
Boiler stacks to carry out
the stack monitoring.
The report of analysis of
Ambient Air Quality
Survey conducted
through Board's lab on
15.04.2019, reveals that
the parameters (Except
PM10 exceeded in one
location due to civil
works carried out
nearby) are within the
NAAQ Standards
prescribed by the Board.
Page 40 of 172
7. The unit shall conduct AAQ/SM survey
through TNPC Board and furnish the
survey report to Board within 3 months.
8. The unit shall develop green belt in and Complied.
around the unit premises at the rate of 400 As on July 2019 toSeptember
trees/hectare. 2019 1277
Nos. tree saplings were planted and for
the month of October 2019 -
300 Nos. trees were planted. So far
17177 Nos. tress are available in
NCTPS-I. Further action is being taken
to plant trees periodically at 200 tree
saplings per month.
The total area of the unit is 549.10
Acres
and it was reported that the unit has
planted tree sapling to an extent of
130 Acres. The green belt to be
developed by the unit is
164 Acres (30% of the total
area), hence, the
unit shallfurther
develop green belt of remaining 34
Acres.
- Under Water Act:
1. The unit shall complete and commission Complied.
the common sewage treatment plant for STP provided at Stage-I & Stage-II within a month time.
Stagedisunder operation.
2. The unit shall ensure that no water shall Partially Complied.
be discharged from the Ash pond or Ash pond recovery water is being through the canal linking the pump house utilized and ash pond to Ennore creek either for bottom ash slurrypreparation.
directly or indirectly under any unit has to improve thebottom ash
circumstances. slurry
collection, recovery
and disposalof
recovery water including
ash ponds as
recommended by the
committee.
Page 41 of 172
3. The unit shall reconstruct/revamp Not Complied.
existing spillway structure to ensure Tender has been awarded by Stage
uniform II for
distribution of water from the cooling widening of Hot waterchannel.
water canal in to Encore creek to Proposal
preserve the marine eco system within
to 6 reconstruct theexisting
months time. spillway
structure to ensure
uniform distribution of
water has been
evolved by
stage II
which is under progress.
4. The unit shall reconstruct/revamp the Not Complied.
pipe line carrying the ash slurry to the The unit has not replaced existing ash pond and to ensure that no ash Ash Slurry pipe lines No. 1,2,3&4 slurry shall be with new Cast Basalt Lined pipe discharged in to creek lines for a total length of 20523m area under and during any circumstance. inspection it wasnoticed that the Bottom ash slurry from NCTPS stage -I is being pumped in to Primary ash pond-II through 4 Nos. of pipe lines. Out of 5 Nos. ash slurry pipelines 4 nos. are in service and replacement of pipe line no.1 progress as stated bythe unit.
It was reported that the indent has
beenraised for the replacement of
pipe line Nos.2,3&4
replacement works will
be
completed before
October 2020 The unexpected line
leaks occurring in the slurry lines
are being attended
then and there.
5. The unit shall take immediate action for The unit shall take immediate the removal of fly ash accumulated over action for the removal of fly ash the roads and around the ash dyke area. accumulated over the roads and around the ash dyke area.
6. The unit shall conduct Marine Impact Not Complied.
Studyat where the cooling Marine
water Impact Study notyet
is being conducted.
discharged in to creek/sea and furnish
thereport within three months.
7. The unit shall maintain
The unittheshallcoal
main
handling conveyer system and junction tain the coal handling conveyer towers and system and junction towers and ensurethat no coal dust shall be ensurethat no accumulated in the adjacent area of coal handling conveyor and junction towers. coal dust shall be accumulated in theadjacent area of coalhandling conveyor and junction towers.
Page 42 of 1728. The unit shall maintain the coal The unit shall handling conveyer system and junction main towers and tain the coal handling conveyer ensurethat no coal dust system shall and junction towers and ensurethat no be coal dust accumulated in the adjacent area of coalhandling conveyor and junction shall be accumulated towers. in theadjacent area of coalhandling conveyor and junction towers.
9. The unit shall remit the balance water The unit has notremitted access immediately. the balance water cess.
10. The unit shall develop green belt in and Complied.
around the unit premises at the rate of As on July 2019 to September 400 trees/hectare. 2019 -
1277 Nos. tree saplings were planted and for the month of October 2019 300 Nos. trees were planted. So far 17177 Nos. tress areavailable in NCTPS-I. Further action is taken to plant trees periodically at 200 tree saplings per month.
The total area of theunit is 549.10
Acres and it was reported that
the unit has planted tree
sapling to an
extent of 130 Acres.
The green belt to be
developed by the unit is 164
Acres (30% of the total area),
hence, the unit shall further develop
green belt of
remaining 34 Acres.
44. The State Pollution Control Board assessed the compensation of Rs.16.461 Crores and wanted this Tribunal to impose compensation, but this Tribunal reiterated the responsibility of the regulating authority to take action against the erring units in accordance with law which includes imposition of environmental compensation which must take note of the cost required for restoration of the damage caused to the environment and prosecution in appropriate cases. This Tribunal also expressed its displeasure regarding the lethargic attitude on the part of the regulating authority in not taking stringent action against the violator, in spite of the fact that violations were still continuing and most of the recommendations and directions earlier issued were not complied with by the Thermal Power Plant. It was also mentioned in the order that there was no action plan prepared either by the polluting unit or by the Page 43 of 172 regulating authority regarding the mechanism by which the remediation measures could be taken and also assess the damage caused to the environment as such because of the dumping of fly ash in the water body and canal and also keeping it for a longer time on ground. So, the State Pollution Control Board was directed to take action against the erring unit including imposition of environmental compensation. This Tribunal also considered the submissions made by the learned counsel appearing for M/s. Kamarajar Port Limited that they have already removed the damaged soil 1 ½ years back and also considered the submissions made by the learned counsel appearing for the applicant that no assessment has been made by the authorities regarding the damage caused to the soil and whether remediation methods adopted by M/s. Kamarajar Port Limited is sufficient to restore the damaged soil and environment to the original condition, especially in respect of mangrove forest in that area. The Committee earlier appointed by this Tribunal by order dated 20.05.2019 was directed to inspect the disputed area in the possession of M/s. Kamarajar Port Limited and ascertain as to whether any damage has been caused to the soil on account of violations committed by M/s. Kamarajar Port Limited and whether remediation methods adopted by them were sufficient to remedy the situation including damage caused to the mangroves and if not, what were the further remediation measures that have to be undertaken by them and also assess the environmental compensation for the past violation and damage caused to the environment and the amount required for restoring the damaged area to its original position and submit a report. The Joint Committee was directed to evolve an action plan in consultation with the Thermal Power Plant or any other Expert body as to how the damage caused to the environment could be remedied and mitigated. The Joint Committee was given liberty to co-opt any expert for that purpose.
45. Pursuant to the directions issued by this Tribunal, the Joint Committee filed the report through the Central Pollution Control Board and vide Order dated 20.01.2020, this Tribunal had considered the Joint Committee report and the portion relating to M/s. Kamarajar Port Limited was extracted in Para (5) of the order which reads as follows:-
Page Page 44 42 ofof138 172 ―FINDING OF THE COMMITTEE a. Assessment of Quantity of Dredged Materials Dumped details obtained from KPL The total quantity of dredged material from CB-3 & CB-4 is 26,43,624 Cu.m, out of which 25,00,851 Cu.m is disposed on shore and 1,42,773 Cu.m is disposed off shore. Out of 1,42,773 Cu.m of dredged material disposed on land, 73,113 Cu.m was dumped in the CRZ notified area at nine different locations. The remaining quantity of dredged material was dumped in the land belonging to M/s Kamarajar Port Ltd within port area. In this regard, the Hon'ble NGT vide order dated 15/11/2016 directed M/s Kamarajar Port Ltd to remove the dumped dredged material lying in the CRZ area within 4 weeks and it should not be disposed in areas falling under CRZ. In response to the Hon'ble NGT order, the port authorities have awarded tender to remove 73,200 Cu.m of dredged materials dumped in KPL land falling under CRZ within a period of one month starting from 10.01.2017.
The port authority has submitted the document for proposed quantity of dredged material dumped at various locations (Part 1 to part 9) in the CRZ notified area is 73,113 Cu.m whereas the quantity mentioned while issuing the e-tender for removal of dredged material is 73200 Cu.m. Further they have submitted the document for quantity removal of dredged material dumped at various locations in the CRZ notified area is 83,533 Cu.m as per trip sheet submitted by the contractor and the removal of dredged material from old dump sites to new dump site is commenced on 10.01.2017 and completed on 10.03.2017.
b. Status of dumpsites by physical verification and using satellite images To find out whether the dredged material is lying within the CRZ area, the committee visited all the dumpsites (part 1 to 9 and also new dumpsite. Historical satellite imagery is used to find out whether dredged material is removed and whether any mangroves are lost due to dumping/handing of dredged material at this location. The details of each dumpsite and current status based on satellite images are given below:-
Page Page 45 43 ofof138 172 Quantity of Extent of area dredged used for Sl. Geo- material Dumpsite Dumping Present status No coordinates removed As per records available with M/s KPL 1 Part 1 13°14'47.9"N 22361 Sq.m 24462 m3 No heaps of sand or silt 80°18'59.8"E and present in site.
Growth of mangroves has started.
It is observed from satellite imagery that mangrooves were present in the dumpsite part 1 before dumping of dredged material and after dumping of material during 2016, the mangroves in the area is lost. From historical satellite images it is observed that the dumping has taken place by February 9, 2016 and though measures has been taken to remove the dumped material but from satellite images, it is seen that the area is not fully cleared 2 Part 2 13°15'0.12"N 3617 Sq.m 4041 m3 As per the 80°18'58.48"E historical satellite imagery, the dumping is noticed during February 09, 2016 and cleared during 25-07-
2017. The mangroves
may be lost due to
dumping. Currently,
the area of the dump
appears as a patch of
land and plantations
has not developed as in
the adjoining areas.
3a Part 3 13°15'3.40"N 29919Sq.m 35000 m3 Sandy deposition
80°19'8.21"E (15938 Sq.m + observed during
10074 sq.m + visit. Mangrove Density
3907 Sq.m +) was very thin in the
area.
Based on the historical satellite images, the first dump is observed during February 9, 2016 and considering the latest satellite images of 2018 & 2019, it is noticed that the dredged material is not completely removed from dumpsite part 3 3b Part 7 13°15'38.6"N 10074 Sq.m Dredged material is still 80°19'20.6"E found lying in the site.
(The total quantity is
35000 M3 including
dumpsite part 3, 7 & 8)
3c Part 8 13°15'53.35"N 3907 Sq.m The dump is
80°19'31.87"E cleared during
November 2017.
Mangrooves may be lost
due to dumping.
It is observed from historical satellite imagery, the dumping is noticed during February 09, 2016 and cleared during 8.11.2017. The mangroves may be lost due to dumping.
4 Part 4,5 & 6 13°15'28.0"N 6260 Sq.m 8310 m3 Traces of dump are still
80°19'22.3"E (B1-878 Sq.m, (B1-4477, m 3 found in
B2-2254 sq.m, B2 - 3658m3, the site.
B3-128 sqm) B3-175 m3) Plantation in the site is
very thin.
Fly ash
deposition is observed
Page 46 of 172
5 Part 9 13°15'55.25"N 1928 Sq.m 1300 m3 Mangrooves may be lost
80°19'32.55"E due to dumping. Most of
the dump is cleared.
6 New 13°15'24.21"N 361152 Sq.m 73,113 As the satellite images,
80°18'33.74"E Cu.m it is clear
dumpsite that M/s KPL has
Transferred the dredged
material from five old
c
dumped site.
.
dumped site
Method of Soil Sampling and Analysis
Soil & sediment samples were collected from the dumpsites at following locations Soil/ Sediment One Surface Soil samples were collected from every dumpsite. samples Sediment samples at each dumpsite at a depth of 0 cm, 25 cm, 50 cm, 75 cm and 100 cm below ground level at centre of dumpsite and in boundaries.
North: four sediment samples collected at a depth of 0cm, 25cm, 50 cm, 75 cm and 100 cm below ground level South: five sediment samples collected at a depth of 0cm, 25cm, 50 cm, 75 cm,100 cm and 125 cm below ground level East: five sediment samples collected at a depth of 0cm, 25cm, 50 cm, 75 cm,100 cm and 125 cm below ground level West: four sediment samples collected at a depth of 0 cm, 25 cm, 50 cm, 75 cm and 100 cm below ground level Centre: five sediment samples collected at a depth of 0 cm, 25 cm, 50 cm, 75 cm,100 cm and 125 cm below ground level Sample collection at At every dumpsite, four soil surface samples were collected from the the boundaries boundaries at NE, NW, SE & SW directions so as to understand the soil characteristics.
Reference samples Three reference Soil samples were collected at sites at a distance of 400 m away from dredged material part 1 dumpsite center point, 100 m away from dredged material part 2 dumpsite center point, 100 m away from dredged material part 3 center point, bottom ash collected from NCTPS ash dyke and fly ash collected from the NCTPS. Also one reference soil sample was collected 9 Km away from M/s.KPL (location photo is enclosed in Annexure F). However the sample collected from 9 Km is taken as a reference sample to that region.
Fresh dredged material The fresh dredged materials were collected at inside of the KPL and also dredged materials dumped in the new dumpsite were analyzed for all parameters to understand the characteristics of dredged material.
Also the soil/sediment samples were collected inside the port area such as location of north yard container (location 1) and railway track west (location 2) on 13.12.2019 for analysis. The port authority has informed that as part of dredged open excavated materials were transported from container terminal area to old dredged material dump sites (part 1 to part 9 except part 3) and the reclaimed dredged material during the phase I port construction was removed to facilitate railway container yard and dumped in the old dredged material dump site part 3.
The samples were analysed for following parameters:
Physical Properties of dredged Marine Soil: Particle size distribution using sieve analysis Gravel (>2 mm) Page 47 of 172 Sand (2 - 0.075 mm) Silt (0.075 - 0.002 mm) Clay (<0.002 mm) Moisture Content (%) Specific Gravity Chemical Properties Loss on Ignition (%) pH Conductivity Aluminium Oxide (Al2O3) Calcium Oxide (CaO) Iron Oxide (Fe2O3) Potassium Oxide (K2O) Magnesium Oxide (MgO) Silicon Dioxide (SiO2) Arsenic (As) Chromium (Cr) Copper (Cu) Lead (Pb) Nickel (Ni) Zinc (Zn) Total Organic Carbon (TOC) Boron RESULTS AND DISCUSSION
a) Physical and Chemical Analysis The results of physical and chemical characteristics of the soil samples collected from dredged material dumpsites from part 1 to part 9 & new dumpsite were compared with the reference Soil samples collected at sites at a distance of 9 Km away from the M/s.KPL, bottom ash collected from NCTPS ash dyke. The complete chemical analysis result has been provided.
The average concentration of the chemical parameters in the soil samples collected in each dumpsite is presented in Table 1 to compare and understand the soil characteristics, soil samples were collected from a reference site around 5Km away from KPL, ash from fly ash dyke pond and dredged material is present in Table 2. Copy of the Sieve analysis results have been enclosed with the report.
Table 1: Average concentration of chemical characteristic of soil samples collected from dumpsites Paramete r in mg/ Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 New Kg dump except pH site No. of 28 18 60 8 20 15 21 16 4 43 samples 6.73 to 6.96 to 7.08 to 6.9 to 7.31 to 7.07 to 6.85 to 7.26 to 7.16 to 7.14 to p 7.96 7.88 9.69 8.3 8.33 8.03 7.82 8.24 7.82 8.31 H B 0.5 1.0 1.8 0.6 1.8 2.3 17.8 2.2 3.9 1.0 M 2054.2 3061.0 2956.1 965.6 585.9 1568.1 7352.3 1704.8 1729.7 1478.7 g Al 4582.2 7806.1 4322.0 1179.2 1638.2 4271.5 11130.4 2976.1 2914.1 1746.7 K 932.9 1983.7 867.7 105.2 101.3 509.4 3537.5 327.2 399.1 245.1 Ca 347.2 308.4 8798.9 1240.1 699.2 526.3 605.3 2984.6 4116.8 10933.
O 0CaCO3 656.9 550.4 15661. 2213.3 1247.9 939.3 1080.3 5327.0 7347.6 20636.
3 9 Page 48 of 172 Cr 27.3 32.1 27.1 18.7 9.3 10.1 22.5 19.9 17.1 17.2 Fe2O3 4907.9 7908.9 5437.6 3501.1 3228.3 8769.3 11182.6 6672.0 7134.4 3621.9 Fe 3432.8 5531.8 3803.3 2448.9 2258.0 6133.6 7821.7 4666.7 4990.1 2533.3 Ni 10.7 13.2 8.7 5.0 7.1 8.0 9.4 4.9 3.6 4.7 C 9.0 11.8 7.2 8.6 6.0 11.7 9.8 3.3 4.0 3.3 u Zn 28.1 33.4 15.2 35.8 16.1 16.7 14.8 15.4 24.8 10.3 As 4.1 6.0 6.3 3.0 3.4 5.0 3.9 4.7 3.7 5.4 Pb 12.7 12.5 10.5 10.9 5.7 7.7 11.1 8.5 8.3 9.0
Table 2: Chemical characteristics of reference soil sample, dipond ash and dredged material.
Reference Soil Dipond Dredged
Parameters Unit Ash Material
PH - 6.87 6.78 6.85
EC uS/cm 2220 127.5 312
Specific gravity - 1.15 1.21 1.2
Moisture % % 12.50 20.5 3.28
Loss On Ignition 7.6
% 5.60 1.02
%
B mg/kg 1.73 10.45 0.38
MgO mg/kg 576.28 1581.34 1500.536
Al2O3 mg/kg 1437.05 5059.12 1381.662
K2O mg/kg 405.86 239.00 141.287
CaO mg/kg 72.98 1241.75 1696.066
CaCO3 mg/kg 130.25 2216.28 3027.148
Cr mg/kg 2.97 4.79 66.914
Fe2O3 mg/kg 1359.48 19610.86 2639.294
Fe mg/kg 950.88 13716.77 1846.05
Ni mg/kg 0.88 3.80 38.816
Cu mg/kg 1.22 7.32 89.058
Zn mg/kg 2.45 7.35 50.012
As mg/kg 0.28 2.40 12.942
Pb mg/kg 1.70 2.11 22.042
TPH mg/kg 0.00 0.00 0.000
b. Details of damage caused to the soil and status of remediation During the year late 2015 to early 2016, M/s KPL has dumped the dredged material on land at nine different locations falling under CRZ. In response to the Hon'ble NGT order, the port authorities have awarded tender to remove 73,113 Cu.m of dredged materials dumped in KPL land within a period of one month starting from 10.01.2017. Mechanical excavators were used to remove dumped material and lorries & tippers were used to transfer the material to new dumpsite. The new dumpsite is falling outside the CRZ notified area and it is a low lying area and it is identified as free trade Warehousing zone as per Master Plan of M/s KPL.
Elements such as Magnesium, Aluminium, Iron, Potassium, Chromium, lead and calcium are present in soil with very high concentrations in all dumpsites. The concentration of these elements is found in high concentrations at a depth of 100cm below the ground indicating that the metals have leached from the dredged material dumpsite to a depth of 100cm below the ground level. Chromium, lead, Nickel, copper and Zinc are present in higher concentrations in dredged material as compared to dyke pond fly ash and reference site. Similarly in all nine dumpsites these five elements Chromium, lead, Page 49 of 172 Nickel, copper and Zinc are present in concentrations more than reference material & fly ash indicating that the dumpsites are not fully cleared and dredged material is still lying within the CRZ notified area. Further from sieve analysis of the soil samples also it can be concluded that dredged material is still lying in dumpsites. High concentrations of chemical elements are observed in the boundaries and as well as in the centre of the dumpsite indicating that the area in the vicinity of the dumpsite are affected due to dumping of dredged material. The dredged material is also having high concentration of these elements and when it's dumped, it may have concentrated over a period of time and also leached into soil. It is ascertained that higher concentration of metals in dredged material and in dumpsites may be due to the following reasons.
1. Improper handling of raw material/ Coal/ iron ore/ products etc by M/s.KPL
2. Fly ash handling in the area by M/s.NCTPS
3. Ennore creek is a recipient of domestic wastewater (sewage, service wastewater from small scale engineering industries/ garages etc is in the vicinity to the port) from Chennai city. Marine outfall from the industries located in the Manali industrial estate is located in the vicinity of the port. Due to these reasons the soil near to the shore may be contaminated with chemical elements and heavy metals. During dredging operations in the port the same contaminated soil may have been removed and dumped on land.
4. In a radius of 10KM from the ennore creek, major large scale industries like M/s NTECL, TANGEDCO power plants, Kamarajar Port, HPCL, BPCL, CPCL, M/s Coromandel Fertilizers and manali & ennore industrial estates are present. The pollution in the creek/ soil may be a cumulative effect of large scale industrial activity in the region.
From satellite images and analysis results it is observed that the dredged material dumped in the nine dumping sites falling under CRZ notified area not yet fully removed. The mangroves in the area may be lost due to dumping in the nine sites. Currently, the mangroves in the area are very thin. The port authority has not adopted any scientific methods to remediate the soil or to restore the soil / mangroves to regional conditions. Though efforts were made to remove the dump falling with CRZ area, it is observed that it is not fully removed and dredged material is still lying in the CRZ area.
ENVIRONMENTAL COMPENSATION (EC) CALCULATION The environmental compensation is estimated based on the pollution index method developed by Central Pollution Control Board in the guidelines ―Policy for levying Environmental Compensation (EC) for Industries‖ Vide Order no.: B- 400(S)/IPC-III/2019- 20/1162 dated 4thSeptember, 2019 and action plan to utilize the fund. The following equation is used for estimating environmental compensation:
EC = PI x N x R x S x LF Where, EC = Environmental Compensation in INRPI = Pollution Index of industrial sector N = Number of days of violation took place R = A factor in Rupees for EC S = Factor for scale of operation LF = Location factor i. Pollution Index of industrial sector (PI): The Tamil Nadu State Pollution Control Board has categorized this industry into Large Red category of industries. For red category of industries, average pollution index is 80.
ii. Number of days of violation (N):
The number of days for which violation took place is considered as the period between the day of violation observed/due date of direction's compliance and the day of compliance verified by CPCB/SPCB/PCC.
Based on satellite images the non-compliance was observed on 09-02-2016 and the port authority has submitted to Hon'ble NGT that the dredged material were removed from all old dump sites and dumped at new dump site. But during inspection on 30.11.2019 it was found that the dredged materials are not fully removed in the old dump sites. Hence the number days is considered from 09.02.2016 to 30.11.2019 for calculating period of violation for estimation of EC. Based on the criteria, 1391 days is considered for calculation of period of violation for estimating EC.
iii. Scale of operation (S):
The industry is considered as large scale as per consent issued by TNPCB. Thus, scale of operation (S) for EC estimation is considered as 1.5.Page 50 of 172
iv. Location factor (LF):
The industry is located in North Chennai and the total population within municipal boundary and up to 10 km distance from the municipal boundary of the city is 10 million and above. Thus location factor (LF) is considered as 2 for EC estimation v. Factor in Rupees (R) (Rs):
As per the environmental compensation estimation guidelines, factor of rupees may be minimum of Rs 100/- and maximum of Rs 500/-. The factor of rupees is considered as Rs.250/- for estimating environmental compensation for Port.
Considering the above factors, the environmental compensation is estimated as follows:
EC = PI x N x R x S x LF
Sl. Period of non- PI S LF R N Environmental
compliance (Rs) compensation (Rs)
No (days)
1 09.02.2016 to 80 1.5 2 250/- 1391 8,34,60,000
30.11.2019
Rupees Eight Crores Thirty Four Lakhs Sixty Thousand Only It is also submitted that the environmental compensation shall be extended to the M/s.Kamarajar Port Ltd up to/till the compliance of removal of dredged material and remediation of the site completed to the regional condition.
RECOMMENDATIONS OF THE COMMITTEE WITH
RESPECT TO M/s.KAMARAJAR PORT LTD:
Dredging activity is continuous and essential for the working of ports but the dredged material should be properly handled. If the dredged material is contaminated proper scientific environmental management plan should be adopted while managing the disposal of dredged material.
In the present case it is observed that the soil in the dredged material is highly contaminated with chemical elements and there by the dredged material dumping area is contaminated with high concentrations of Magnesium, Iron, Calcium, Potassium, Aluminium, Chromium, Lead, Copper and Zinc up to depth of 100 cm below the ground. Due to dumping the mangroves may have been lost in that area.
Since such high concentrations are present in the soil, there is a possibility of ground water contamination and also surrounding surface water bodies. Hence, it is submitted that the following direction shall be issued to M/s.Kamarajar Port Ltd.
The identified dredged material dumpsites from part 1 to 9 and new dumpsite including dredged material storage area inside the M/s.Kamarajar Port Ltd required to be remediated with suitable scientific method by carrying our detail study by the reputed agencies/Institutions (soil remediation) after necessary approval from TNPCB and restored to the regional conditions.
The unit shall carry out detailed studies such as status of soil/sediments, ground water and surface water body quality in the surrounding area. It is accessed that from the report of analysis of soil, approximate quantity of dredged material available in dumpsites part 1 to 9 is 22031 Cu.m. The unit shall physically remove this materials after conducting a detail study and find out the proper disposal method (or) reuse methodology for disposal of the material. The unit shall submit a time bound action plan to carry out detail study for remediation, to remediate the affected area so as to restore it to regional conditions and to find out the proper disposal method (or) reuse methodology for disposal of material available in the new dumpsite and inside the port area.
To deposit 10% of the amount required for restoration of dredged dumpsites after calculation of cost for restore to the regional conditions as security deposit with TNPCB. To ensure that the dredged material available in the new dumpsite and inside the port area and further dredged material from sea are to be studied to find out the proper disposal method (or) reuse methodology and it should be handled after obtaining necessary approval from TNPCB and MOEF.Page 51 of 172
The unit shall remit the Environmental Compensation (EC) of Rs.8,34,60,000/- to TNPCB, calculated up to the period 30.11.2019. The unit shall also pay the environmental compensation when it is claimed up to the date of completion. As a corporate social responsibility, the Port authorities shall undertake mass plantation of mangroves and other plants specific to that region (33% of their total area). It is also submitted that all the other port activity in that region has to carried out detailed environmental management plan for handling dredged materials and approval has to be obtained from TNPCB before disposal.‖
46. After considering the report submitted by the Joint Committee, this Tribunal directed M/s. Kamarajar Port Limited to pay an amount of Rs.8,34,60,000/- (Rupees Eight Crore Thirty Four Lakhs and Sixty Thousand only) as interim compensation within two months with the Central Pollution Control Board and the Central Pollution Control Board was given the liberty to utilize the amount for remediation process to restore the environment to its original position along with the cost to be incurred by the Project Proponent for this purpose. The Joint Committee was directed to conduct subsequent inspection to find out whether the entire dumped material had been removed and assess further environmental compensation till the dredged material was completely removed as directed by this Tribunal. As regards the remediation process was concerned, the Committee was directed to go into the question regarding the study to be conducted and suggest the nature of remedial measures to be taken to restore the damage caused to the environment and cost required for remediation. They had been given liberty to co-opt any further expert body for that purpose and they were directed to complete the study and submit a detailed report along with the timeline including both short-term measures and long-term measures required for implementation of the same.
47. As regards the non-compliance of M/s. North Chennai Thermal Power Station (M/s. NCTPS) was concerned, the observations made by the Joint Committee was extracted in Para (8) of the order which reads as follows::-
"Action Point 1:
The unit shall remove the fly ash deposited on the land in and around the ash carrying pipeline and ash disposed inside the premises for quantity of 395979 Tonnes and shall store in temporary storage area and/ or sent directly for beneficial purposes.Page 52 of 172 Page 53 of 172 Page 54 of 172 Page 55 of 172 Page 56 of 172 Page 57 of 172 Page 58 of 172 Page 59 of 172 Page 60 of 172 Page 61 of 172 Page 62 of 172 Page 63 of 172 Page 64 of 172
The removal of ash deposited in Kosthalaiayar river for a quantity of 2,21,000 Tonnes approximately from Ennore creek to NCTPS-I main gate for a distance of 1.7km will be completed at the end of March 2022. Towards ash removal from M/s.KPL main gate to Kattupalli downstream for a distance of 1.9 Km, the unit is requesting restudy so as to assess the exact length, width, depth and volume of ash deposit.
The replacement of existing Ash Slurry pipe lines No. 1,2,3&4 with new Cast Basalt Lined pipe lines for a total length of 20523 m length is under progress and will be completed at the end of June 2021 The unit has provided sufficient number of piezometric wells/monitoring wells around the dykes and upstream of the industry to monitor the ground water quality It is proposed to convert the Vertical pump to horizontal pump for better maintenance and low cost and budgetary offers have been obtained. In recovery water pump no.2 minor repairs have to be attended. Purchase Order (P.O) of the above pump has been placed with a delivery period of 4 months. The existing wornout Recovery Water Pipe line no.1 is proposed to be replaced with fabricated MS pipe of 362mm outer diameter and 12mm thickness out of 12mm thickness MS plate for the entire length of 2815 metres.
Administrative Approval is accorded for Renovation & Modernization (R&M) of Electro Static Precipitators (ESP) in Units I, II & III to achieve the desired PM level below 80 mg/Nm3. So as to achieve the norms as per MOEF&CC and the work will be completed at the end of December 2021. The online continuous emission and effluent monitoring system for the parameters stipulated by CPCB & TNPCB shall be complied with and ensure proper working of the same and ensure continuous data transfer to CPCB & TNPCB.
The unit has replaced the worn-out boiler roof tubes in Unit-II and Unit-III so as to arrest the discharge of fugitive emission Only after removal of ash from Kosasthalaiyar River and B'Canal area, the plantation of mangroves and other vegetation's will be taken up on both sides of Kosasthalaiyar River and Buckingham canal.
Orders have been issued for lifting quantity 12 lakhs tonnes of fly ash to a 8 major cement companies and 6 other fly ash based product manufactures and ready mix concrete plants and lifting of fly ash is under progress from Feb-2019
During the year 2018-19 the fly ash utilization is 3.19 lakh tonnes out of the total fly ash generation of 6,05 lakh tonnes which is about 52.85%.A quantity of 6.72 lakh tonnes of total ash utilized including the wet ash lifted from ash dyke have been utilized against the total ash generation of 10.16 lakhs tonnes which is about 66% and plans for achieving 100% During the current year 2019-20 up to N.member-2019 the fly utilization is 2.25 lakh tonnes out of the total fly ash generation cif 3. 15 Iakh tonnes which is about ° I .38° â. A quantity of 4.97 lakh tonnes of total a.sh has e been utilized against the total ash generation of 5.29 lakhs tonnes. w'hich is about 94.03°.
The unit will carry out next around water, surface water irionitoring in Jan- 2020 through NABL accredited laboratorv in the a flecked areas and subsequently the ground and surface water study xvill be carried out once in every six months time.‖
48. This Tribunal had observed after considering the report in respect of Thermal Power Plant that they did not consider about the remediation measures to be taken and they had only reiterated the timeline given by M/s. NCTPS for removal of fly ash and replacement of pipelines and no attempt was made by the Committee to assess the real damage caused on Page 65 of 172 account of dumping of waste in the water bodies and continuously polluting the water body, affecting the quality of the water which in turn affect the aquatic life in the water body and cause harm to the public as well, since the water quality in the river had been severely affected and contaminated. Though it was mentioned in the report that on account of dumping of fly ash, damage had been caused to mangroves and though direction had been given for restoration of the same, no effective steps had been taken by the Thermal Power Plant to restore the same as so as to protect the environment.
49. It was also seen from the satellite images in the report that there was complete destruction of mangrove forest in many areas which was alarming as these were ecologically fragile areas and these aspects were completely overlooked by the committee while making assessment of compensation. Further, there was failure on the part of the M/s. NCTPS in disposal of fly ash in compliance with the fly ash disposal notification, 2017 issued by the MoEF&CC and the Principal Bench of National Green Tribunal, New Delhi had prepared a slab on environmental compensation to be fixed on the basis of the production capacity of the units as an interim measure till the actual amount of compensation has to be calculated by the Committee for that purpose and that exercise was also not done by the State Pollution Control Board in this case. So, this Tribunal directed the committee to file a further report and then, passed the following order:-
―10) So, under such circumstances, we feel it appropriate to adjourn the case for the purpose of enabling the Committee to give proper action plan after evolving a method of remediation required for this purpose and submit a consolidated and cumulative report with the recommendations of the Committee in respect of the extent of damage caused to environment, the measure of remediation that is to be undertaken and also to ascertain the time line for removal of the fly ash already deposited as keeping the fly ash for such a longer period will result in further environmental degradation on account of reaching which cannot be tolerated. The standard time line will have to be fixed by the Committee instead of relying on time line given by the Project Proponent and if that is not complied with then they are directed to impose additional environmental compensation for violation committed by them in this regard. They are also directed to evolve a mechanism as to how the environmental compensation needs to be calculated in such areas where the contamination of water is more and contamination of water and soil is a continuous one and it continues to affect the water quality throughout the stretch during monsoon due to the flow of water in the water body as this contamination will carry to other areas also and likely to contaminate the water quality in that area. Certain metals found such as Chromium and Arsenic in the dump site is carcinogenic in nature and that aspect will have to be taken note of seriously by the Committee while assessing the environmental compensation. The Page 66 of 172 Committee is given time to complete this exercise within a period of four months and submit a detailed report by email at [email protected].
11) The Pollution Control Board is directed to file the action taken report on the basis of the findings of the Committee in this regard and also compliance of directions given by this Tribunal in similar matters. We may like to mention here that whenever stringent actions are required, the Regulating Authorities are vested with the power under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention of Control of Pollution) Act, 1981 to impose the same. Though they are the machineries under the Government as far as the pollution is concerned, they are the protector of the environment and they should not be afraid of exercising their power in discharging their duties in this regard. As per the Pollution Control legislation, the Pollution Control Boards are expected to act as advisers to the Government as to how the environment will have to be protected and there is a duty cast on the Government under Article 48-A of the Constitution of India to protect the environment. This aspect has to be considered whenever the advisory jurisdiction has been exercised by the Pollution Control Board. We also feel that Public Sector under takings must act as a role model for other industries regarding following of environmental norms. If the State owned industries itself are not complying with the directions and if they are violating the norms under the hope that they will not be proceeded against and only directions will be issued to rectify the deficiencies then it will give a wrong message to other industries as well who may be tempted to violate the norms.‖
50. On 15.06.2020, this Tribunal had considered the action taken report filed by the Committee extracted in Para (3) of the order which reads as follows:-
―ACTION TAKEN REPORT BY THE COMMITTEE INTHE MATTER OF O.A. No. 08/2016 (SZ) & O.A. No.152/2016 (SZ) & 198/2016(SZ), AS PER HON'BLE NGT ORDER DATED 20.01.2020.
In the matter of O.A. No. 08/2016(SZ) & O.A. No. 152/2016(SZ) & O.A. No.198/2016(SZ), Ravivarman Vs Union of India and Meenava Thanthai Vs the Chief Secretary, Govt of Tamil Nadu & Others and Meenava Thanthai Vs The State of Tamil Nadu & Others, the applications were filed in Hon'ble NGT regarding dumping of ash slurry by M/s. North kamarajar Port Limited in the surrounding area. According to the applicant, damage is caused to Buckingham Canal, Kosathalaiyar river and area surrounding M/s NCTPPS due to dumping of ash slurry. The applicant also indicated that M/s. Kamarajar Port Ltd (KPL) had dumped dredged waster within the CRZ area.
In compliance to Hon'ble NGT order dated 20.05.2019 the committee comprising of Smt. Mahima T. Senior Environmental Engineer, Central Pollution Control Board, Dr. Ligy Philip, Professor, Dept of Civil Engineering, IIT Madras, Chennai and Shri. R. Ramasubbu, Joint Chief Environmental Engineer, TNPCB was constituted to ascertain the status of fly ash disposal, damage caused to the environment and cost of restitution by M/s. NCTPS. The committee inspected the area, carried out detailed sampling & monitoring and submitted the report to Hon'ble NGT.
The Hon'ble NGT, Principal Bench (through Video Conferencing) vide its order dated 18.11.2019 directed the committee to find out whether any damages has been caused to the soil on account of the violation committed by M/s. Kamarajar Port Ltd. and whether remediation method adopted by them are sufficient to remedy the situation including the damage cost to the mangroves and amount required for restoring of the damaged area to the regional conditions. The committee was also directed to evolve the action plan in consultation with the Thermal Power Plant or any other expert body as to how the damage caused can be remediated and or mitigated.
The committee had submitted the report before the Hon'ble NGT after the evaluation of action plan submitted by Ms. NCTPS and inspection of the area/dumpsites where M/s. Kamaraj Port Ltd had previously dumped the dredged material that was falling under CRZ zone.Page 67 of 172
The Hon'ble National Green Tribunal vide its order dated 20.01.2020 directed the committee to assess the real damage caused on account of dumping of ash in water bodies by M/s. NCTPS and damage caused on account of dumping of dredged material by M/s. KPL.
Further, NGT directed the committee to submit the proper action plan after evolving the method of remediation required and submit a consolidated and cumulative report in respect of the extent of damage caused top environment, the measure of remediation that is to be under taken and also to ascertain the time line for removal of the fly as already deposited instead of relying on time lime given by the project proponent.
The committee held detailed discussion and decided to engage expert agency to carry out an independent assessment (sampling & monitoring) in the area and to assist the committee to comply with Hon'ble NGT directions. The committee vide letter & Email dated 14.02.2020 invited several expert agencies working in the field of environment for preliminary discussion and site inspection at TNPCB Head Office, Chennai.
The committee convened the meeting with expert agencies such as M/s. ERMS consultancy Pvt. Ltd M/s. M.s. Swaminathan Research Foundation, M/s. Startus Environmental Pvt. Ltd. followed by site visit. With reference to Hon'ble NGT order dated 20.01.2020, the committee derived scope of work and invited quotations from expert agencies for carrying out the wok as per scope to comply with the direction/order of the Hon'ble NGT. The committee invited separate technical and financial bids for M/s. NCTPS and M/s. KPL. the scope of work was divided into three parts namely:
Part -A (Investigation): Conducting sampling & monitoring Part-B: based on the results of part-A if the sites are identified as probably contaminated site then the expert agency shall assist committee and identify different remediation measures.
Part-C: based on the result of part-A if the site is identified as not a contaminated site or if measured values are less than SSTL and only clean-up is required the expert agency shall assist committee in identifying different clean up measures.. {Copy of minutes of meeting dated 24.02.2020 enclosed in Annexure- A} The committee has conducted the meeting and opened the bids on 12.03.2020 for co-opting expert agencies to comply with the direction/order of the Hon'ble NGT based on technical and financial evaluation of bids submitted by the expert agencies. {Copy of minutes of meeting dated 12.03.2020 enclosed in Annexure-B}.
After technical & financial evaluation of the bids, M/s. Status Environmental Pvt Ltd was qualified and the committee decided to issue work order to M/s. Startus Environmental Pvt. Ltd to assist the committee in carrying out part-A of the study. The committee issued Wok orders to M/s. Startus Environmental Pvt Ltd to carry out part-A of the study separately for M/s. MCTPS & M/s. Kamaraj Port Ltd and to submit the report within 30 days from date of issue of work order. {Copy of work order dated 12.03.2020 enclosed in Annexure-C1,C2}.
Also the committee has communicated the decision taken in the meeting held on 12.03.2o2o to M/s. NCTPS and M/s. KPL to make advance payment of 10% of total cost required for study of Part-A work to M/s. Startus Environmental Pvt. Ltd as per the Hon'ble NGT order dated 20.01.2020 so as to start the wok {Copy of letter dated 20.03.2020 enclosed in Annexure-D1,D2}. M/s. KPL vide letter dated 06.05.2020 has informed that during hearing on 20.01.2020, the NGT has passed an order without giving the opportunity to hear the views of M/s. KPL to raise its objections of the report submitted by the committee before the NGT. In order to present the actual facts before the Hon'ble NGT, the M/s. KPL filed a review application before the tribunal on 24.02.2020. Further informed that the case was listed in the Hon'ble NGT on 23.03.2020 and the case was not come up for hearing due to outbreak of COVID-19 and finally requested the committee to wait for the Hon'ble NGT further order in this case before proceeding further i.e commencement of study {Copy enclosed in Annexure- E}.
Page 68 of 172 M/s. NCTPs vide letter dated 04.05.2020 has informed that NCTPS is accepted the work order issued by the committee to carry out the study and further informed that 100% payment will be disbursed to expert agency after completion of study and submission of final report {copy enclosed in Annexure-F}. M/s. Startus Environmental Pvt. Ltd is not able to complete the study of part-A work due to COVID-19 issues and requested the additional time for completion of study and to submit the final report. The committee submits and requests from Hon'ble NGT to permit three months time to carry out study by the expert agency and to submit the action taken report after completion of the part-A study report by the expert agency.‖
51. Considering the fact that they wanted three months time, this Tribunal granted time and posted the case to 23.09.2020 for consideration of further report. The case was taken up on 23.09.2020, and on that day, this Tribunal had considered the further action taken report filed by the Committee, extracted in Para (3) of the order which reads as follows:-
―ACTION TAKEN REPORT BY THE COMMITTEE IN THE MATTER OF O.A. No. 08/2016(SZ) & O.A. NO.152/2016(SZ) & O.A.NO.198/2016 (SZ), AS PER HON'BLE NGT ORDER DATED 20.01.2020 AND 15.06.2020 The Hon'ble National Green Tribunal (NGT), Principal Bench vide its order dated 15.06.2020 directed the following (copy of the NGT order is enclosed in Annexure A) In Para 4 ―In the conclusion portion of the action taken report they wanted 3 months time to submit the final report. Considering the circumstances, we grant 3 months time to the committee to submit the report‖.
The committee has issued the work order to M/s.Startus Environmental Pvt Ltd to carry out the Part-A study (Investigation: Conducting sampling & monitoring) to assess the real damage caused on account of dumping of fly ash by M/s.NCTPS and submit the report within 30 days from date of issue of work order. Also the same communicated to M/s.NCTPS to issue the purchase order to carry out the study.
The purchase order was issued to M/s.Startus Environmental Pvt Ltd by M/s.NCTPS on 4.5.2020 to carry out the sampling activity of Part-A study. Due to COVID-19 pandemic, M/s.Startus Environmental Pvt Ltd was not able to execute the sampling activity immediately. After the State Government partially lifted the pandemic restrictions, M/s.Startus Environmental Pvt Ltd has collected the samples between 23.05.2020 and 28.05.2020 and handed over to Hubert Enviro Care Systems Laboratory.
Mean while the lab was closed few days because the person working in the lab was affected by COVID. The samples were analyzed and the results were compared with MoEF screening levels and submitted before the committee on 11.07.2020 by M/s.Startus Environmental Pvt Ltd. Further the committee has requested the M/s.Startus Environmental Pvt Ltd to collect the sample from the plant (primary ash) to compare the results with other locations on 14.07.2020 after studied the report. M/s.Startus Environmental Pvt Ltd has discussed the revised report with updated data on 01.08.2020 with committee members over phone. After discussion, M/s.Startus Environmental Pvt Ltd has prepared and submitted a figure illustrating the Mercury quantity on 19.08.2020 before the committee. The committee had a meeting with the expert on 08.09.2020 and recommended to collect additional samples to further characterize the lateral and vertical extent of impact to sediments at locations where high mercury impact was observed. M/s.Startus Environmental Pvt Ltd has collected the additional samples as recommended by the committee on 15.09.2020 and 16.09.2020 and forwarded to the laboratory for analysis. M/s.Startus Environmental Pvt Ltd has requested one Page 69 of 172 week time to submit the final report of Part-A study along with results of additional samples before the committee.
Also M/s. Startus Environmental Pvt Ltd has attempted to evaluate the reduction in flora and fauna via readily available areal pictures available in the internet. Then M/s.Startus Environmental Pvt Ltd has retained the services of a reputable biologist on 14.09.2020 based on committee recommendation to evaluate the impact of flora and fauna due to ash deposition. Also requested two weeks time to submit the results for impact of flora and fauna due to ash deposition (Copy of expert letter enclosed in Annexure B). The committee expect the Part-A study report from the expert M/s.Startus Environmental Pvt Ltd within 30.09.2020.
After obtaining Part-A study report, the results have to be compared with the screening values of MoEF&CC to declare the site as contaminated or not, based on which further actions will be suggested by the committee and the scope of work was divided into three parts namely Part-A (Investigation): Conducting sampling and monitoring Part-B: Based on the results of Part-A if the sites are identified as probably contaminated site then the expert agency shall assist committee and indentify different remediation measures.
Part-C: Based on the result of Part-A if the site is identified as not a contaminated site or if measured values are less SSTL and only clean-up is required the expert agency shall assist committee in identifying different clean up measures.
Based on results of Part-A study only, either the study of Part-B (if site is identified as probably contaminated site) or Part-C (If the site is identified as not a contaminated site or if measured values are less than SSTL) has to be carried out by the expert agency after recommendation of committee. As per the timeline prescribed by the CPCB is 3 months to complete the further study. The committee has decided to evaluate the timeline required for removal of deposited fly ash and remediation of soil and damage caused on account of dumping of dredged material and remediation after completion of study by expert agency.
Also the committee is submitted and requesting the Hon'ble NGT that shall permit three months time up to 31.12.2020 to submit the proper action plan after evolving a method of remediation required and submit a consolidated and cumulative report in respect of the extent of damage caused to environment and the measure of remediation that is to be undertaken. In Para 6 ―The committee is also directed to go in to the question as to whether the violation still continues and whether deposit of fly ash has been caused in the water bodies on the part of the project proponent on account of any further break of pipe or non-repair of the same as directed. This aspect also to be considered by the committee while submitting the report and suggest for further remedial measures to avoid the same‖.
The committee member Thiru.R.Ramasubbu, JCEE, TNPCB has inspected the M/s.NCTPS on 19.09.2020 to ascertain the violation and deposit of fly ash on account of any further break of pipe or non-repair of the same and the inspection observation was shared with the other committee members. During inspection it was found that there are five numbers of ash slurry disposal lines of 406mm OD MS pipes with cast basalt liners of thickness 20mm extending to a length of 5000 meters each totalling to about 25000 meters. These pipelines are transport the ash slurry discharged from the ash handling pump house to the ash dyke situated at a distance of about 5KM from the power plant. These lines are in continuous service for the past 2 decades and are exposed to the saline atmospheric condition, the erosion and corrosion of pipes are inevitable and necessitate replacement as and when wants.
The unit of M/s.NCTPS has put forth to avoid leakage of slurry in the lines leading from ash slurry pump house to ash dyke by welding the punctures with patch plates, renewal of wornout ‗O' rings and gaskets providing leak arresting clamps and replacing the pipes with the second-hand pipes retrieved from ETPS. The status of ash slurry disposal lines are as follows:
Ash slurry disposal line no.1 Page 70 of 172 The entire length of 5129 meters of ash slurry disposal line has been erected with the pipes retrieved from ETPS.
Ash slurry disposal line no.2 &3 For the procurement of new pipes and consumables, the unit of M/s.NCTPS has issued the purchase order for a length of 10452 meters of pipe line and 1050 meters of new pipe lines have been supplied and the balance quantity is being delayed due to COVID-19. For line no.3, the erection work has been commenced from the worst worn-out area i.e. Cheppakam Village. Also the unit has informed that about 3500 meters of pipes are expected to be received by the end of October 2020 and after receipt of balance quantity of material, the erection will be completed for the entire length of 10.45 Kms by June 2021.
Ash slurry disposal line no.4 About 1000 meters length of heavily damaged slurry pipe lines from ash slurry pump house to stage-II compound wall have been replaced by NCTPS with SH pipes retrieved from ETPS. The worn-out pipes from stage-II compound to ash dyke are being replaced with the second hand pipes retrieved.
Ash slurry disposal line no.5 The entire line has been replaced to a length of 5342 meters with the second hand pipes retrieved from ETPS by NCTPS.
Also found that the periodical maintenance contracts are being awarded for the upkeep of the ash slurry pipe lines and occasional leakages in the pipe lines are attended then and there like replacement of wornout gaskets, ‗O' rings, sleeve coupling and eroded pipe.
From the records, it was found that there are 22 occurrences of leaks in the past 4 months and a total leakage time is 2 hours 36 minutes and the ash leak quantity is 2418 Cu.m (copy of unit letter is enclosed in Annexure C). During inspection no leakage was observed.
The committee has decided to include the suggestion for further remedial measures to avoid the deposition of fly ash on account of break of pipeline or non repair of pipeline while preparing the final report after completion of Part-A study by the expert agency.‖
52. This Tribunal, after considering the objections filed by M/s. Kamarajar Port Limited in O.A. No.08/2016 (SZ), directed the Committee to go through the objections filed and file a further report on that aspect as well.
53. As against the order dated 20.01.2020 imposing interim compensation of Rs.8,34,60,000/- (Rupees Eight Crore Thirty Four Lakhs and Sixty Thousand only), M/s. Kamarajar Port Limited has filed Review Applications viz., R.A. No.03 of 2020 and 04 of 2020 and this Tribunal allowed the Review Application in part and modified the interim compensation, re fixing the amount to Rs.4,00,00,000/- instead of Rs.8,34,60,000/- by order dated 06.11.2020 and the same was challenged by M/s. Kamarajar Port Limited before the Hon‟ble Apex Court by Civil Appeal as Civil Appeal No.4238 - 4241 of 2020 and interim stay was granted by the Hon‟ble Apex Court and this was so submitted by the learned counsel appearing for M/s. Kamarajar Port Limited when the matter was taken up on 06.01.2021. When this Tribunal made a query as to whether the Hon‟ble Apex Court had only granted stay in respect of Page 71 of 172 implementation of imposition of environmental compensation or the entire proceedings of this Tribunal, they wanted time to produce the order of the Hon‟ble Apex Court in that Civil Appeals mentioned above.
54. Vide Order dated 02.03.2021, this Tribunal had considered the interim order produced by M/s. Kamarajar Port Limited in Civil Appeal No.4238
- 4241 of 2020, staying the impugned orders dated 20.01.2020 and 06.11.2020 of this Tribunal against M/s. Kamarajar Port Limited and this Tribunal also considered the Joint Committee report dated Nil, received on 12.03.2021 on the basis of the order dated 14.12.2020 in respect of the issue raised in the newspaper report referred to in the order dated 14.02.2020 viz., Dinamani Daily dated 25.08.2020 titled as "Foha;
cilg;ghy; CUf;Fs; GFe;j mdy; kpd;epiya rhk;gy; fopTePu;". To ascertain the nature of stay order passed, based on the reliefs claimed by M/s. Kamarajar Port Limited before the Hon‟ble Apex Court, this Tribunal directed M/s. Kamarajar Port Limited to produce the copies of the appeal memorandums filed before the Hon‟ble Apex Court as well.
55. In the meantime, another case was filed by the applicant in O.A. No.08/2016 in respect of further breach of pipeline and consequential spilling of fly ash in the water body as Original Application No.122 of 2021 (SZ) against proceeding with the work of their new project through CRZ area without obtaining CRZ Clearance and also another case was Suo Motu registered by this Tribunal on the news item published in The Times of India, Chennai Edition dated 01.07.2021 under the caption "Another pipeline leak at Ennore Power Plant" as Original Application No.162 of 2021 (SZ) and all these cases were considered together along with these applications.
56. The matter was again taken up on 22.11.2021 and on that day, this Tribunal had considered the inspection report submitted by the Joint Committee constituted in O.A. No.162/2021 (SZ) as per order dated 27.10.2021, e-filed on 14.09.2021 and extracted in Para (5) of the order which reads as follows:-
Page 72 of 172 Page 73 of 172 Page 74 of 172 Page 75 of 172 Page 76 of 172 Page 77 of 172 Page 78 of 172 Page 79 of 172 Page 80 of 172 Page 81 of 172 Page 82 of 172 Page 83 of 172 Page 84 of 172 Page 85 of 172 Page 86 of 172 Page 87 of 172 Page 88 of 172 Page 89 of 172 Page 90 of 172 Page 91 of 172 Page 92 of 17257. The Tribunal had also considered the response submitted by the TANGEDCO dated 20.11.2021 to the Joint Committee report in O.A. No.162/2021 extracted in Para (9) of the order which is more or less similar to the compliance report submitted by the Joint Committee and as such, we are not extracting the same again. Thereafter, this Tribunal considered the Joint Committee report in O.A. No.122/2021 and the order passed on 27.10.2021 in that case, extracted in Para (10) of the order, and considered the statement filed by the TANGEDCO regarding the steps taken by them for replacement of ash slurry pipelines in Para (43) of their counter statement which was extracted in Para (11) of the order and also considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 02.11.2021, e-filed on 03.11.2021 in O.A. No.122/2021 and extracted in Para (13) of the order and also considered the submissions made by the learned counsel appearing for the applicants and TANGEDCO and directed the TANGEDCO to come with an action plan with shorter timeline for replacing the pipelines and stating the difficulties they were facing for the purpose of procuring funds and administrative sanction so that this Tribunal could issue necessary direction to the higher level officials to deal with the same and remedy the situation. Further, this Tribunal also directed the TANGEDCO to produce the report regarding the study (if any) conducted by themselves for the purpose of implementing the Page 93 of 172 remediation process through an independent agency as recommended by the Joint Committee in the year 2017.
58. In the meantime, the TANGEDCO has filed a Review Application as R.A. No.14 of 2021 (SZ) in O.A. No.08/2016 (SZ) and the same was also disposed of by separate order dated 24.12.2021.
59. Vide Order dated 30.11.2021, this Tribunal considered the report submitted by the Respondents No.9 & 10 in O.A. No.162/2021 (SZ) in the form of an undertaking dated 29.11.2021 which was extracted in Para (3) of the order which reads as follows:-
"3. I state that pursuant to the said order and in compliance of the directions therein, the following present status/action taken report is submitted as hereunder.
4. I state that In North Chennai Thermal Power Station-I, 60% of Ash generated is disposed as fly ash to Cement Companies through open tender. Rest of the Ash being handled as wet Ash and the same is disposed as Ash Slurry into the Ash Dyke. The wet Ash is also shipped to some extent for ground filling such as Road filling etc., utmost care is taken to dispose the Ash to maximum extent securely.
5. 1 state that in North Chennai Thermal Power Station-I (NCTPS-I), 5 Nos. Ash Slurry Disposal Lines (ASDL) were erected in the year 1994, for conveying Ash slurry from NCTPS-1 into Ash Dyke for about 5 km each.
6. I state that the above pipelines are being exposed in saline atmosphere and carrying Ash slurry which is in abrasive nature. Hence the above pipelines tend to get corrosion & erosion. The most damaged pipelines were identified and replaced in piece meal manner. All the above five pipelines have fully corroded since they have served its full lifetime.
The present status of action taken on replacement of eroded ASDL Pipelines: ASDL No.1& 5 - (5129 mtrs each) - Administrative approval is under process and the replacement of entire length of both pipelines will be completed by June 2022. Meanwhile both the above pipelines have been replaced by using the released pipes from ETPS and it disposes Ash slurry reasonably.
ASDL No. 2 - (5511 mtrs ) - 1728 meters of new cast basalt pipe lines have already been replaced with available 3498 metres pipes and work is being carried out on emergency basis and will be completed by December 2021.
ASDL No.3 - (4942 mtrs) - New cast basalt pipe has been replaced successfully from ash dyke to NCTPS gate and there are no leaks developed in this pipeline.
ASDL No.4 - (4942 mtrs) - Tender for procurement of 4942m of new cast basalt Pipes is under process and will be completed by May 2022.
7. I state that due to Covid-19 pandemic, Nationwide lock down has been imposed from March 2020 to September 2020 as per the guidelines of Government of India. Afterwards partial lockdown was continued. At that time all the manufacturer have stopped/restricted their manufacturing activities and hence the supply & erection works in ASDL 2 & 3 are getting delayed.
8. I state that the Ash deposits of about 4.35 Lakh Cum in the Kosasthalaiyar River for a length of 2.4 kms from NCTPS main Gate to KPL main Gate has been desilted at a cost of Rs. 28.5 Crore through PWD during the period from June to Dec' 2020.
9. Í state that similarly Ash deposits of about 134 Lakh Cum in the Buckingham Canal for a length of 2.4 Kms NCTPS main Gate to KPL main Gate has been desilted at a cost of Rs. 66.23 Lakhs through PWD during the period from June to Dec' 2020.
10. I state that as per the direction of District Collector Thiruvallur, Ash deposits of about 8813 Cum in the Buckingham Canal on the northern and southern sides of the Ash Slurry Pipelines of NCTPS-I & II has been desilted for al length of about 200 mtrs at an expenditure of 17.7 Lakhs during the period from 24.10.2021 to 15.11.2021.
11. I state that ash dyke Bund and ASDL Bund strengthening works are being taken up continuously. Also ASDL supplying sleepers are replaced / repaired then and there to improve ASDL system.Page 94 of 172
12. I state that necessary steps are being taken by planting Bamboo Saplings for greening throughout the area of Ash Slurry Disposal Lines from North Chennai Thermal Power Stations (NCTPS-I & II), up to Ash Dyke through Social Forestry Scheme by outsourcing the works to Forest Department.‖
60. After considering the undertaking reproduced above, this Tribunal made it clear that all the pipes which are damaged have to be replaced by new pipes within the timeline mentioned by them in the present undertaking, at the most by June- 2022 and they will have to file a periodical compliance report before this Tribunal regarding the same. While the work of replacing the damaged pipelines was in progress, the TANGEDCO was directed to use only the fully completed replaced pipeline alone (ASDL-3) for carrying the fly ash slurry to the ash pond till the other pipeline work is completed. In the meantime, if they had to replace any of the lines by new pipeline, then the TANGEDCO was directed to approach this Tribunal for modification of this order to use that pipeline as well for that purpose.
61. This Tribunal had also considered the submissions made by the learned counsel appearing for the applicants in O.A. No.08/2016(SZ) that though certain remediation process was suggested by the Committee earlier appointed by this Tribunal even during 2017, no steps were taken and the study could be conducted only after removal of the entire fly ash deposited in that area and wanted a Committee to be appointed to study these aspects for the purpose of preparing the Detailed Project Report (DPR) to conduct the remediation study and suggested certain names who were expert in this field.
62. So, this Tribunal had appointed the Joint Expert Committee comprising of
(i) Santha Sheela Nair, I.A.S. (Retd.), Former Vice-Chairperson, State Planning Commission, Former Secretary, Municipal Administration and Water Supply, Government of Tamil Nadu, Former CMD, Metrowater,
(ii) Dr. Balaji Narasimhan, Head, Environment and Water Resources Engineering, Dept. of Civil Engineering, IIT-Madras (Water Resources Expert), (iii) Dr. Indumathi Nambi, Professor, Environment and Water Resources Engineering, Department of Civil Engineering, IIT-Madras, (Remediation Expert), (iv) Prof. D. Narasiman, Retired HOD, Department Page 95 of 172 of Botany, Madras Christian College, Member, Tamil Nadu Biodiversity Authority and (v) Dr. Jayshree Venkatesan, Care Earth, Restoration Ecologist, Former member, Tamil Nadu Coastal Zone Management Authority along with one Marine Biologist whose name will have to be furnished by the Tamil Nadu Pollution Control Board as suggested by us and official representatives of the Tamil Nadu Pollution Control Board and the Integrated Regional Office, Central Pollution Control Board, Chennai along with the Director - Department of Environment, State of Tamil Nadu as committee members and Mrs. Santha Sheela Nair, I.A.S. (Retd.) was designated as the Chairperson and the Director, Department of Environment, State of Tamil Nadu as Member Secretary for the Joint Expert Committee and the Director, Department of Environment was directed to co-ordinate and provide necessary logistics for inspection and submission of the report.
63. The Joint Expert Committee was directed to look into the following issues namely,
(i) whether any damage has been caused to the soil, water and associated flora and fauna on account of deposit of fly ash in the Kosasthalaiyar River Basin in Ennore Back water complex,
(ii) If there is any damage caused to the soil, what is the nature of remediation to be undertaken by the TANGEDCO to restore the damage caused to the environment,
(iii) Assess environmental compensation payable for such damage caused and its impact on the marine biology,
(iv) Suggest the possibility of providing green belt of such nature which can be possible to protect the riverine ecology in that area, so as to avoid further encroachment and further deterioration being caused on account of such unauthorized activities.
64. After finalizing the remediation methods, the Director - Department of Environment was directed to prepare the Detailed Project Report (DPR) for carrying out the remediation process with timelines. The TANGEDCO was directed to meet the expenses for conducting studies by the Joint Expert Committee and the Joint Expert Committee was directed to Page 96 of 172 prepare the report including the preparation of Detailed Project Report (DPR) for remediation process within a period of 4 (Four) months.
65. In the meantime, an interlocutory application [I.A. No.31/2022 (SZ)] has been filed by the Original Applicant in O.A. No.08/2016 (SZ) seeking clarification on the following aspects:-
a. The Committee may finalize Terms of Reference (ToR) for preparation of DPR. b. A tender for appointment of a consultant for preparation of DPR would have to be floated by either the Department of Environment or TNPCB. c. The committee's inputs may be received in evaluating the consultants and a consultant organisation may be appointed to prepare the DPR.
d. The committee will oversee the quality of the work and ToR compliance by the DPR consultant and approve the DPR thus prepared and submit it to this Hon'ble Court. e. TNPCB may be directed to pay the expenses incurred by the committee in the performance of its functions including costs incurred in conducting tests, analysis etc. This may be paid out of funds available with TNPCB for the restoration of this region, paid as penalty by NCTPS. Initial cost of the DPR preparation may also be paid by TNPCB and recovered from NCTPS, without waiting for NCTPs to make necessary payments.‖
66. After considering the interlocutory application, this Tribunal had passed the following order:-
―4. As according to the Government procedure, the committee cannot prepare the Detailed Project Report (DPR) and tenders will have to be floated to get the appropriate consultant for preparation of DPR and only thereafter, the DPR will be approved by the concerned authority and administrative sanctions will have to be given for carrying out the work on the basis of DPR prepared.
5. It may be mentioned here, that if Para (14) alone is read, there is a possibility of some confusion in this regard. If the entire order is read along with Para 12 & 13, there is no scope for any ambiguity in the directions issued. It was made clear that the expert committee was appointed only for the purpose of preparing a remediation plans and also to prepare a Terms of Reference (ToR) on the basis of which the DPR will have to be prepared and the responsibility of preparing the DPR was entrusted to the Director, Department of Environment and the said officials will have to take appropriate steps for preparation of DPR as provided under the respective rules in accordance with law as expeditiously as possible and avoiding unnecessary delay in completing the process.
6. The counsel appearing for the applicant submitted that the analysis expenses have to be met by the Tamil Nadu Generation and Distribution Corporation (TANGEDCO) as part of the expenditure. But if the amount is not released expeditiously, getting the results will be delayed which will further delay of filing the committee report.
In order to avoid the same, a direction may be given to the Tamil Nadu Pollution Control Board (TNPCB) to meet the initial expenses for conducting the analysis etc., and to recover the amount from Tamil Nadu Generation and Distribution Corporation (TANGEDCO) by giving their demand. On getting the demand Tamil Nadu Generation and Distribution Corporation (TANGEDCO) can be directed to pay the amount without delay.
7. We feel it is not necessary to give such a direction as it was made clear in our order that the whatever expenses required for conducting the study which may includes taking samples and conducting analysis etc., has to be met by the Tamil Nadu Generation and Distribution Corporation(TANGEDCO).
8. However to avoid the delay, we direct the Tamil Nadu Pollution Control Board (TNPCB) to meet the expenses initially for conducting the analysis test and to recover the amount from Tamil Nadu Generation and Distribution Corporation (TANGEDCO) by sending a demand to them and on getting the demand, the Tamil Nadu Generation and Distribution Corporation (TANGEDCO) is directed to reimburse that amount without delay.‖ Page 97 of 172
67. Accordingly, I.A. No.31 of 2022 (SZ) was disposed with the observations made above, vide order dated 16.02.2022, after advancing the case to that date by order in I.A. No.32 of 2022 (SZ).
68. The Joint Committee as well as the Joint Expert Committee appointed by this Tribunal have filed their respective reports and the case was posted to 25.04.2022 for consideration of the reports.
69. In the meantime, the Original Applicant in O.A. No.08/2016 (SZ) viz., R. Ravimaran died and two persons wanted to proceed with the matter, filed an interlocutory application [I.A. No.77/2022 (SZ) in O.A. No.08/2016 (SZ)] to get themselves impleaded and this Tribunal by order dated 25.04.2022, allowed that application and impleaded the applicants in I.A. No.77/2022 (SZ) as additional Original Applicants No.2 & 3 in O.A. No.08/2016 (SZ).
70. This Tribunal had also considered another interlocutory application [I.A. No.89 of 2022 (SZ)] filed by the TANGEDCO viz., Respondents No.2 & 3 in O.A. No.08 of 2016 (SZ) seeking permission to permit them to use ASDL-2 ash disposal pipeline and stop using of ASDL-5, as ASDL-2 has been replaced with new pipes as directed by this Tribunal and they also mentioned that they will have to provide the pumping system also for pumping the fly ash to the new pipeline. Once that is done, they may be able to use the ASDL-2 and that is also procured and installed and this Tribunal had passed the following order in I.A. No.89 of 2022 (SZ):-
―5. As per order dated 24.12.2021 in R.A. No.14 of 2021 (SZ) in O.A. No.08 of 2016 (SZ) filed by the TANGEDCO, this Tribunal had modified the following order passed by this Tribunal on 30.11.2021, ―4. It is seen from the undertaking that they have undertaken to replace the damaged pipes with new pipes, instead of replacing the same with the old pipes available from their decommissioned unit, as mentioned by them in the earlier report.
5. So, we make it clear that all the pipes which are damaged have to be replaced by new pipes within the time line mentioned by them in the present undertaking, at the most by June- 2022 and they will have to file a periodical compliance report before this Tribunal regarding the same.
6. While the work of replacing the damaged pipelines, the TANGEDCO is directed to use only the fully completed replaced pipeline alone (ASDL-3) for carrying the fly ash slurry to the ash pond till the other pipeline work is completed.
7. In the meantime, if they have replaced any of the lines by new pipeline, then the TANGEDCO is at liberty to approach this Tribunal for modification of this order to use that pipeline as well for that purpose.‖
6. Thereafter, this Tribunal had disposed of the Review Application with the following directions:-Page 98 of 172
―16. So under such circumstances, we feel that the review application is disposed of as follows:
(i) The order restricting the use of ASDL No.3 alone is modified and the review applicant is permitted to use ASDL No.1 and ASDL No. 5 also till the other pipelines are replaced by new pipes as undertaken by them.
(ii) The review applicant is directed to furnish a performance guarantee of Rs. 25 lakh in favour of Tamil Nadu Pollution Control Board for a period valid up to June, 2022 the upper time limit of timeline which was given by them to complete the process of replacement of damaged pipes with new pipes and if it is not complied with, then the amount will be forfeited pro-rata relating with the non- performance of the undertaking given by them.
(iii) As and when the ASDL No.2 pipeline is replaced with new pipes, then they will have to seek permission from this Tribunal to use that also so that one of the pipes that is now being permitted to use can be stopped (either ASDL No. 1 or ASDL No. 5).
(iv) Review applicant is also directed to take all precautionary measures to avoid breach of fly ash slurry from the pipeline which are being permitted to use at present and monitor the pipelines very closely and critically. If any neglect is found later and any breach occurs and is unattended immediately, then the TANGEDCO will have to face consequences of such breach including imposition of environmental compensation and other penal consequences.
(v) The registry is directed to communicate this order to the review applicant and other official respondents by e-mail immediately.
17.With the above directions and observations, the review application is disposed of .‖
7. Now, they have replaced the ASDL-2 with new pipe and also installed necessary pumping station for that purpose and they wanted permission from the Tribunal to use the ASDL-2 pipeline and stop usage of ASDL-5 line.
8. Considering the fact that they have complied with the directions issued by this Tribunal, we feel that permission can be granted to the TANGEDCO to use the newly replaced ASDL-2 pipeline and stop usage of ASDL-5 which was permitted by this Tribunal earlier, till the same is replaced by new pipeline. The other conditions issued by this Tribunal that they will have to keep monitoring of the functioning of the pipeline etc. will continue.
9. With the above observations and directions, I.A. No.89 of 2022 (SZ) is disposed of.‖
71. In the meantime, this Tribunal directed the TANGEDCO to consider the question as to whether the Electro Static Precipitator (ESP) used for monitoring the stack emission can be replaced by a new one instead of calibrating the same and also to file objection to the committee reports. Thereafter, the matter was heard on 28.04.2022 and reserved for Judgment.
72. Heard the learned counsel appearing for parties in all these cases.
73. This Tribunal is considering only the impact caused on account of the activities of the TANGEDCO alone at present, as M/s. Kamarajar Port Limited is concerned, against the order passed by this Tribunal imposing interim compensation of Rs. Rs.8,34,60,000/- (Rupees Eight Crore Thirty Four Lakhs and Sixty Thousand only), Civil Appeal Nos.4238 - 4241 of 2020 are pending before the Hon‟ble Apex Court and there was an interim stay as regards the implementation of the orders passed against Page 99 of 172 M/s. Kamarajar Port Limited. So, the question regarding further remediation and further action to be taken against M/s. Kamarajar Port Limited can be considered after disposal of Civil Appeals pending before the Hon‟ble Apex Court. As and when the Civil Appeal Nos.4238 - 4241 of 2020 are disposed, parties or the Registry is directed to bring the same to the notice of the Bench and thereafter, the matter can be taken up for consideration as regards M/s. Kamarajar Port Limited and further directions can be given in that case.
74. The learned counsel appearing for the applicants in all these applications argued that huge damage has been caused on account of the illegal activities of the TANGEDCO to the Kosasthalaiyar River Basin and the State Pollution Control Board also, though found lot of serious violations, including operation of the unit without consent, the compensation awarded is very less and they have not taken any stringent action against the TANGEDCO (NCTPS) for such continuous violation as well.
75. The learned counsel appearing for the applicants in O.A. No.08/2016 (SZ) also filed a memo regarding the key factors to be considered by this Tribunal in respect of damage and the remediation process in the Joint Expert Committee‟s report and also regarding the implementation of the DPR as follows:-
―2. For the convenience of this Hon'ble Tribunal, key portions of the report are indexed below:
a. Key Findings- page 20 b. Environmental contamination - Page 22 c. Impacts - page 22 d. Recommendations - page 24 e. Recommendations for ToR for DPR - page 26 f. Report on Compliance of NCTPS Stage I - Mr. Malaiyandi , TNPCB - page 32 i. Recommendations - pg 66 g. Report of compliance - T.Mahima, CPCB - page 69 i. Recommendations - pg 84 h. Report on Hydrology - Dr. Balaji Narasimhan - page 86 i. Summary and conclusions & recommendations - pg 149 i. Report on contamination and target for remediation - Dr. Indumati Nambi - pg
152. i. Conclusions and recommendations - pg 190 j. Report on flora and suggested remediation - Dr. Narasiman k. Impact on aquatic fauna - Dr. Deepak Samuel - page 228 i. Recommendations
- page 231 l. Report on restoration - Dr. Jayashree Vencatesan - page 272
3. However, despite the report being filed a few weeks ago, tender has not been issued and there has been no forward movement. In these circumstances, the following directions are required to ensure that the matter progresses towards its logical conclusion in a time-bound fashion.
4. It is prayed that this Hon'ble Tribunal be pleased to consider issuing the following direction for the preparation and implementation of the DPR for remediation:
a. Direct the Department of Environment to issue a tender for the preparation of DPR in strict compliance with Terms of reference prescribed by the Expert committee in its report dated March, 2022 within a week, and complete the tender process in a time-bound manner in compliance with the applicable rules.Page 100 of 172
b. Direct the Department of Environment to obtain the opinions and views of the expert members of the Committee in finalising consultant and award of tender.
c. Direct the Department of Environment, in coordination with TNPCB, to work with the DPR consultant to present the Draft DPR for expert opinion and public consultations, and to present the final DPR within six months of award of tender.
Implementation of DPR d. Direct TNPCB to depute a dynamic full-time officer to strictly monitor the execution of the finalised DPR.
e. Direct the TNPCB to constitute a Local Area Environment Committee comprising representatives of active inland fishers dependent on the Ennore backwaters, including from the inland fishing villages of Kattukuppam, Sivanpadaiveethi and Mugathwara Kuppam, and nominees of Fisheries Department, TNPCB and Revenue Department. The fisher representatives can serve as the eyes and ears of the LAEC in the project area. The LAEC may conduct monthly site inspections, entertain field reports from fisher representatives, and be engaged in the day-to-day monitoring of remediation and restoration. The LAEC may be headed by a senior officer of the TNPCB.
f. Direct the Joint Expert Committee constituted by the Tribunal to carry out quarterly audits of the execution of the DPR for clean-up and remediation. The Committee may consult with the Local Area Environment Committee in the evaluation process.
g. Direct the JEC as well as TNPCB to submit quarterly reports on the progress of implementation of DPR, including remediation, restoration of site and post-remediation.
h. Direct TANGEDCO to dismantle the unused/unusable ash pipelines immediately, and use only the fully replaced, leak-proof pipes if necessary.
5. The Committee in its report has also made significant recommendations which will help address the issues at hand. This Hon'ble Tribunal may consider these directions in light of the recommendations of the Committee in the report dated March 2022.
a. Direct TANGEDCO to attain 100% ash utilisation within 12 months; TNPCB may be advised to include 100% ash utilisation as a specific direction in the Consent to Operate as and when it is renewed.
b. Direct the Government of Tamil Nadu to notify the unencroached extent of Ennore wetlands, including salt pans (which were originally salt marshes), as a wetland under the state government's wetlands mission, and develop a plan for its wise-use.
c. Direct the Government of Tamil Nadu to relocate the residents of Seppakkam village near the ash pond to a safe and habitable site with all amenities within 12 months. In the interim, they should be provided with clean water and accessible health care.
d. Direct the Government of Tamil Nadu to make immediate arrangements for provision of clean water to all residents in the area.‖
76. The learned counsel appearing for the applicants in O.A. No.08/2016 (SZ) also filed another memo dated 25.04.2022 for consideration of following aspects as well, while disposing the matter:-
―1. The TNPCB has filed a report dated April, 2022, containing violations of consent conditions and stack emission monitoring results (Pg. 14, 15). It is also seen that a show cause notice dated 05.04.2022 was issued by the TNPCB to NCTPS Stage 1 (See Pg.
25). Also assessment of ―environmental compensation‖ has also been provided.
2. The seriousness of air pollution, its impact on health and environment need no elaboration. While excess So2 and NoX emissions may be not be actionable in light of the Ministry's extension of time for compliance, the violation of stack emission parameters for particulate matter has to be taken seriously. Both Stage 1 and Stage 2 power plants have consistently been emitted particulate matter far and excess of standards prescribed.
3. It is seen from the EIA reports, documents pertaining to the environmental clearance obtained by these Thermal Power plants that the clearance was obtained based on EIA Reports which were prepared based on emission levels of 150 mn3 . In fact, the entire modelling exercise and JLC calculation appears to be based on this emission level. The project proponent has stipulated that if emission standards are exceeded these plants will be shut down. Relevant pages of these documents have been annexed with this memo.
4. NCTPS Stage 1 and 2 have no right to continue their operations whilst habitually violating emission parameters for particulate matter. It is unfair and unjust to subject the people of the area to increased pollution simply because this thermal power plant refuses to operate its plant efficiently and in compliance with the law.
5. Imposition of so called environmental compensation is not a substitute for compliance with emission standards. In the case of NCTPS such penalties are also paid by the tax payer. It is thus legally necessary that as undertaken by the project proponent, operations are stopped until emission standards are adhered to.
6. The NCTPS Stage 1 and 2 use the same ash pond which is unlined (issue identified and flagged repeatedly by Committees constituted by this Court). Likewise the toe drain is also unlined. Both of these ought to have been designed as impervious to avoid Page 101 of 172 seepage. At least now immediate steps will have to be taken to ensure that further seepage and contamination on account of these installations. This issue was highlighted in the year 2017 by the previous Expert Committee constituted by this Tribunal itself. This use of the present non impervious ash pond is illegal. NCTPS has to construct a properly geomembrane lined ash pond if they wish to continue discharging ash into an ash pond. These issues need to be addressed by this Hon'ble Tribunal.
7. Show cause notice appears to have been issued only to Stage 1, giving the illusion that Stage 2 is in compliance with the law. Necessary action in this regard ought to be taken by TNPCB in this regard. Violation of emission parameters i.e emission of particulate matter far and excess of levels stipulated in EIA Reports falsifies the modelling exercise carried in the EIA report in order to access GLCs. It also renders the environmental clearances issued based on such clearances nugatory.‖
77. The learned counsel appearing for the TANGEDCO argued that most of the observations made by the Joint Expert Committee are all not in existence and lot of remediation measures have been taken by the TANGEDCO. Further, the change of Electro Static Precipitator is not required and updating the same by calibration will be sufficient and since certain new technologies have been provided for controlling Sox and No2 and also control the pollution that is likely to be caused by the Gypsum that will take care of the other pollution control mechanism and that will arrest the stack emission as well. They also wanted this Tribunal to consider the objection filed by them to the Joint Committee report and also status report submitted by them, as part of their argument and they are prepared to abide by any directions issued by the Tribunal, as they are committed to protect environment and by virtue of replacement of the old pipelines with new pipes, most of the grievances raised by the applicants will be redressed and there will not be any further spillage of ash slurry will happen in future. They are also having continuous monitoring team for detecting such things and to take immediate steps to rectify the same to avoid damage being caused to the environment.
78. The learned counsel appearing for the State Pollution Control Board and the Central Pollution Control Board submitted that whenever complaints were received or during inspection, any deficiency was found, they were giving necessary directions to the TANGEDCO to rectify the same and on several occasions, environmental compensation was also imposed as directed by this Tribunal and they will continuously monitor the remediation process and also if any further directions are required, they will give necessary further directions to control pollution and mitigate the possible pollution that is likely to be caused on account of the operation Page 102 of 172 of the TANGEDCO. They will also abide by the directions issued by this Tribunal in this regard.
79. The learned counsel appearing for the MoEF&CC submitted that it is for the State Pollution Control Board to take appropriate action, if there is any violation of condition imposed under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 are found. Even if there is any violation of conditions in the Environmental Clearance or CRZ Clearance, then it is for the SEIAA and the SCZMA to take appropriate action and the Regional Office, MoEF&CC will be monitoring the status of compliance of the conditions of the Environmental Clearance (EC) periodically and whenever there is any deficiency found, they will be taking appropriate action in this regard by giving suitable directions to rectify the deficiency.
80. We have considered the pleadings, various reports submitted by the Committee and also the submissions made by the learned counsel appearing for the parties and also written submissions made.
81. The points that arose for consideration are:-
(i) Whether there was any violation committed by M/s. NCTPS owned by the TANGEDCO in respect of conditions imposed in the Environmental Clearance and the Consent granted by the State Pollution Control Board?
(ii) Whether there was any pollution/damage caused on account of the operation of the Thermal Power Plant and whether there was any damage caused to riverine environment on account of the spilling of fly ash due to leak in the ash slurry carrying pipeline?
(iii) Whether there is any remediation process required and if so, what is the nature of remediation process to be undertaken by the TANGEDCO to resolve the issue permanently?
(iv) Whether the TANGEDCO is liable to pay any environmental compensation for the damage caused to the environment and if so, what is the quantum of compensation to Page 103 of 172 be payable including the cost required for restoration of damage caused to the environment?
(v) What are all the further directions (if any) to be issued applying the principles of ―Precautionary Principle‖ and ―Sustainable Development‖ to be carried out by the regulator, TANGEDCO and other departments for the purpose of protecting the environment and mitigate the possible pollution that is likely to be caused on account of the operation of the TANGEDCO?
(vi) Relief and costs. POINTS:-
82. The common grievance in these applications is regarding the damage caused to the environment on account of the operation of the NCTPS owned by TANGEDCO. The main allegation was that the pollution control mechanisms provided are not sufficient and they are not complying with the conditions of the Environmental Clearance and Consent granted. They are not properly maintaining the ash pond and the ash slurry carrying pipes and on account of the same, frequent leakage is being caused thereby, large scale spilling of ash slurry is happening in Kosasthalaiyar River Basin affecting the riverine environment.
83. The allegations were denied by the TANGEDCO by stating that they are not committing any violation of conditions. Whenever leakage was detected in the ash slurry carrying pipes, they were taking necessary steps to rectify the same immediately and they were taking steps to remove the ash slurry that had been deposited in the river basin periodically and they were taking steps to remove the old pipes with new pipes to avoid possibility of leak in future and remedy the situation permanently.
84. It is an admitted fact even by the TANGEDCO that series of incidents of leak in the ash slurry carrying pipelines happened and huge quantity of ash slurry was deposited on the river basin of Kosasthalaiyar River affecting its flow. It was also seen from the various reports submitted by Page 104 of 172 the earlier Joint Committee appointed by this Tribunal during 2017 and also the Joint Expert Committee appointed by this Tribunal subsequently and the report submitted by the State Pollution Control Board that there are certain violations committed by the TANGEDCO in respect of conditions of Consent and Environmental Clearance and huge quantity of ash slurry was deposited on the river basin and even certain damage had been caused to the mangrove plantation in that area.
85. It was also seen from the various reports that on account of deposit of fly ash in the river basin for a longer period, there is a possibility of pollution being caused and the presence of heavy metals like Nickel, Cadmium, Arsenic, Mercury, etc. are likely to have impact on riverine environment and even after removal of fly ash deposited, certain remediation process will have to be taken to restore the damage caused to the environment.
86. It is also seen from the various reports submitted by the State Pollution Control Board that whenever they were inspecting, finding out certain deficiencies and violations, they were issuing series of directions to rectify the same and there were non-compliance of such directions and on account of such non-compliance, as directed by this Tribunal and also applying the guidelines issued by the Central Pollution Control Board for imposing environmental compensation, they were imposing environmental compensation and some of such amounts imposed by them were deposited by the TANGEDCO as well. So, it is clear from this that on account of the act of the TANGEDCO, there is damage caused to environment and they are liable to pay environmental compensation for the damage caused and they are also liable to undertake the remediation process to restore the damage caused to the environment apart from steps being taken to remove the fly ash deposited in those areas.
87. Since we have already extracted the quantity of fly ash on the basis of the Joint Committee reports and the report submitted by the State Pollution Control Board in the earlier paragraphs, we are not re-extracting the same again while discussing about this aspect.Page 105 of 172
88. It is also seen from the earlier reports that there was a recommendation made by the Joint Committee appointed by this Tribunal even during 2017 itself that the leak is happening due to non-maintenance and old age of pipelines and the same is required to be replaced with new pipelines.
But there was no steps taken by the TANGEDCO since 2017 till recently when this Tribunal had directed to replace the same with new pipes or otherwise this Tribunal will stop the usage of those pipelines for carrying the ash slurry to the fly ash dyke or fly ash pond.
89. Now, they have given timeline and also undertaken to replace all the five ASDL pipelines with new pipelines and they have completed the replacement of two pipelines viz., ASDL - 2 and ASDL - 5 and the remaining pipeline will be replaced with new one by 30th June 2022. This Tribunal also directed the TANGEDCO to furnish a Performance Guarantee of Rs.25 Lakhs in favour of Tamil Nadu Pollution Control Board for a period valid up to June 2022 vide Order dated 24.12.2021 in R.A. No.14 of 2021 (SZ) in O.A. No.08 of 2016 (SZ) for compliance of performance of undertaking given or otherwise if there is any failure in compliance within the timeline, then the Performance Guarantee will be forfeited in proportion of the non-compliance committed by them.
90. So, the fact that there was some damage caused to the environment on account of the act of the TANGEDCO due to the failure of maintenance and replacement of old pipes on account of which leakage happened which resulted in deposit of large quantity of ash slurry in the Kosasthalaiyar River basin and remediation is required for the purpose of restoration of damage caused to the environment are in a way admitted.
91. In order to ascertain the nature of damage caused and remediation process to be undertaken, this Tribunal had appointed a Joint Expert Committee comprising of (i) Santha Sheela Nair, I.A.S. (Retd.), Former Vice-Chairperson, State Planning Commission, Former Secretary, Municipal Administration and Water Supply, Government of Tamil Nadu, Former CMD, Metrowater, (ii) Dr. Balaji Narasimhan, Head, Environment and Water Resources Engineering, Dept. of Civil Engineering, IIT-Madras (Water Resources Expert), (iii) Dr. Indumathi Page 106 of 172 Nambi, Professor, Environment and Water Resources Engineering, Department of Civil Engineering, IIT-Madras, (Remediation Expert), (iv) Prof. D. Narasiman, Retired HOD, Department of Botany, Madras Christian College, Member, Tamil Nadu Biodiversity Authority and (v) Dr. Jayshree Venkatesan, Care Earth, Restoration Ecologist, Former member, Tamil Nadu Coastal Zone Management Authority along with one Marine Biologist whose name will have to be furnished by the Tamil Nadu Pollution Control Board as suggested by us and official representatives of the Tamil Nadu Pollution Control Board and the Integrated Regional Office, Central Pollution Control Board, Chennai along with the Director - Department of Environment, State of Tamil Nadu and that committee has filed a report mentioning various latches, pollution caused and the remedial measures to be taken.
92. While considering the report of compliance by NCTPS Stage - I & II by the Joint Chief Environmental Engineer, TNPCB, they have reiterated various conditions imposed in the Consent and compliance status which reads as follows:-
"Compliance of conditions imposed in the latest consent orders issued vide Board's Proc. dated.25.06.2014 to the unit of M/s. North Chennai Thermal Power Station Stage-I under section 25 of the Water (Prevention& Control of Pollution) Act, 1974 as amended and under section 21 of theAir (Prevention & Control of Pollution) Act, 1981 is furnished below.
S.No Conditions Compliance status Under Air Act: 1. The unit shall maintain the coal handling Complied. conveyer system and junction towers and The unit has maintained the coal handling conveyer ensure that no coal dust shall be system and junction towers and ensures that no coal accumulated in the adjacent area of coal dust is accumulated in the adjacent area of coal handling conveyor handling conveyor and junction towers. and junction towers. 2. The unit shall operate and maintain water Complied. sprinkling and cyclone separators provided The unit has operated and maintained water at junction towers to control the sprinkling and cyclone separators provided at dust emission. junction towers to control thedust emission. 3. The unit shall ensure the APC measures Complied.
provided in the coal crushing area shall be The unit has ensured the APC measures provided in under working condition so as to the coal crushing area is under working condition so control the dust emission. as to control the dust emission.
4. The unit shall install On line Partially Complied.Page 107 of 172
Stack monitoring system for The unit has installed Online Continuous SO2, NOx and PM and to Emission Monitoring System (OCEMS) connect the same to Care Air for unit I, II & III of three stacks to monitor Centre, TNPCB, Chennai within the parameters PM, SOx, NOx and the three months. same is connected with CAC, TNPCB, Guindy and CPCB server.
5. The Unit shall provide continuous Not Complied.
ambient air quality monitoring station The existing Continuous Ambient Air Quality and the same shall be connected to Care Air Station (2Nos) provided were not in operable Centre TNPCB, Chennai within three. condition and it was reported that the TANGEDCO has planned to install new 4 stations covering the units Stage-I, Stage-II, Stage-III (Proposed) and Ennore SEZ-IV (Proposed).
6. The unit shall operate the Air Pollution Not Complied.
Control measures efficiently and The unit has provided the air pollution control continuously to achieve the National measures such as Electrostatic Precipitator for Ambient Air Quality Standards as per Boiler, Dust Extraction and Dust Suppression for MOEFNotification. coal handling area which are being operated and maintained by the unit regularly.
However, the unit is not meeting the particulate matter standards of 100 mg/Nm3 in all 3 boiler stacks as prescribed by MoEF&CC Notification dated 07.12.2015 for TPPs installed before 31st December 2003 hence, the unit shall augment the ESPs provided in all 3 boilers and also to provide Flue Gas Desulphurisation (FGDs) to achieve SOx emission standards before 31.12.2022 as per the timelines permitted for TPPs (Category A) by MoEF&CC Notification dated 31.03.2021.
7. The unit shall conduct AAQ/SM survey Complied.
through TNPC Board and furnish the The unit is conducting the AAQ/SM survey survey report to through TNPC Board yearlyonce.
Board within 3 months.
8. The unit shall develop green belt in and Not Complied.
around the unit premises at the rate of 400 The total area of the unit is 549.10 Acres and it was trees/hectare. reported that the unit has planted tree sapling to an extent of 130 Acres. The green belt to be developed by the unit is 181 Acres (33% of the total area), hence, the unit shall further develop green belt of remaining 51 Acres.
Under Water Act:
1. The unit shall complete and commission Complied. STP the common sewage treatment plant for provided at Stage-I is under Stage-I & Stage-II within a month operation.
time.
Page 108 of 1722. The unit shall ensure that no water shall Partially Complied. be discharged from the Ash pond or Ash pond recovery water is being utilized for bottom through the canal linking the pump house ash slurry preparation. However, the unit has to and ash pond to Ennore creek either improve the complete recovery water collection and directly or indirectly under reuse for ash slurrypreparation.
any circumstances.
3. The unit shall Not Complied.
reconstruct/revamp the existing Tender has been awarded by Stage II forthe widening spillway structure to ensure of the Hot water channel. uniform distribution of water from the Proposal to reconstruct the existing spillway cooling water canal in to Ennore creek to structure to ensure uniform distribution of water has preserve the marine ecosystem within 6 been evolved bystage II which is in progress. month's time.
4. The unit shall Partially Complied.
reconstruct/revamp the pipeline carrying The TANDGECO has replaced old pipes with new the ash slurry to the ash pond and ensure pipes for line no 3 fully, whereas it has to complete that no ash slurry shall be discharged into the replacement of old pipes (1, 2, 4 & 5) with new the creek area under any circumstance. pipes on or before 30.06.2022 as committed and accepted by the Hon'ble NGT in O.A. No. 08 of 2016.
5. The unit shall take immediate action for Not Complied.
the removal of fly ash accumulated over The unit has to remove the fly ash accumulated as the roads and per the Joint Committeefindings.
around the ash dyke area.
6. The unit shall conduct Marine Impact Not Complied.
Study at where the cooling water is being Marine Impact Study not yet conducted. discharged into creek/sea and furnish the report within three months.
7. The unit shall maintain the coal handling Complied.
conveyer system and junction towers and The coal accumulation in the adjacent areas of the ensure that no coal dust shall be coal handling conveyor and junction towers of ICHS accumulated in the adjacent area of the are beingcleared then and there on regular basis. coal handling conveyor and junction towers.
8. The unit shall obtain renewal of Not Complied.
authorization under the Hazardous Waste Authorization for Hazardous waste obtained is valid (MH&T) Rules up to April' 2020, renewal application is yet to file. 2008.
9. The unit shall remit the balance The unit has not remitted the balance water cess immediately. water cess.
10 The unit shall develop green belt in and Not Complied.
around the unit premises at the rate of 400 The total area of the unit is 549.10 Acres and it was trees/hectare. reported that the unit has planted tree sapling to an extent of 130 Acres. The green belt to be developed by the unit is 181 Acres (33% of the total area), hence, the unit shall further Page 109 of 172 develop green belt of remaining 51 Acres.
M/s North Chennai Thermal Power Station - II TNPCB has issued first consent for operation under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 as amended and under section 21 of the Air (Prevention & Control of Pollution) Act, 1981 as amended to M/s.NCTPS Stage-II vide Board's Proc. Dated: 19.03.2013 for the following.
Power Generation 2 X 600 MW
Sewage 48 KLD On industry Own Land
Trade Effluent I (Effluent from 13,824 KLD Partly on land and partly in
Plant Operation ) to sea through Ennore creek.
Trade Effluent II (Reverse 22176.0 KLD In to sea through Ennore
osmosis plant rejects) creek
Trade Effluent III (Once 4896000.0 In to sea through Ennore
through cooling water) KLD creek
Boiler 2 nos. 2000T/hr each. Individual ESP, with a common stack of 275m
height.
Latest consent was renewed vide Board's Proc. dated 18.12.2018 with validity up to 31.03.2019 and not renewed further due to non-compliance of consent order conditions.
Compliance of conditions imposed in the latest consent orders issued vide Board's Proc. dated.18.12.2018 to the unit of M/s. North Chennai Thermal Power Station Stage-II under section 25 of the Water (Prevention& Control of Pollution) Act, 1974 as amended and under section 21 of theAir (Prevention & Control of Pollution) Act, 1981 is furnished below.
S.No Conditions Compliance status Under Air Act: 1. The unit shall operate and maintain the Not Complied. existing air pollution control measures The unit has provided the air pollution control
efficiently and continuously so as to achieve measures such as Electrostatic Precipitator for thestandards as prescribed by the Board.
Boiler, Dust Extraction and Dust Suppression for coal handling area which are being operated and maintained by the unit regularly.
However, the unit is not meeting the particulate matter standards of 100 mg/Nm3 in all two boiler stacks as prescribed by MoEF&CC Notification dated 07.12.2015 for TPPs installed before 31st December 2003 hence, the unit shall augment the ESPs provided in all 2 boilers and also to provide Flue Gas Desulphurisation (FGDs) to achieve SOx emission standards before 31.12.2022 as per the timelines permitted for TPPs (Category A) by MoEF&CC Notification dated 31.03.2021.
Page 110 of 1722. The unit shall complete the commissioning Not complied.
of the Dust Extraction System comprising The unit authority reported that the OEM of the
of bag Filters, and put the same in to Project M/s. BHEL had failed to establish the DE
operation, before 31.12.2018 as reported system in complete shape. Hence, a separate proposal
and operate the same has been evolved by TANGEDCO to complete the
efficiently and left out part of the system
continuously. and tendering process is in progress
3. The unit shall complete the installation of Not complied.
dust suppression system, and put in to The unit authority reported that the OEM of the
operation before 31.12.2018 as reported Project M/s. BHEL had failed to establish the DE
and operate the same efficiently and system in complete shape. Hence, a separate proposal
continuously. has been evolved by TANGEDCO to complete the
left out part of the system
and tendering process is in progress
4. The unit shall continue to develop and Partially Complied.
maintain adequate green belts within the The unit has reported that the total green belt to be
unit premises. developed is 67.65 acres out of 205 Acres and it was
reported so for
51.39 acres of green belt have been
developed. To date, a balance of 16.26 acres of green belt has to be developed.
5. The unit shall furnish an action plan Not complied.
for the installation of FGD system. The unit has reported that FGD installation will be completed within 24- 26 months from the date of tenderawarded and tendering process is in progress
6. The unit shall ensure that the installation Not complied.
of FGD system shall be completed before The unit has reported that FGD the stipulated time as assured by theunit. installation will be completed within 24- 26 months from the date of tender awarded and tendering process is inprogress Under Water Act:
1. The unit shall operate and maintain the Complied.
Sewage Treatment Plant efficiently and The unit has reported that the Sewage Treatment continuously so as to achieve the Plant is operated efficiently and continuously so as standards to achieve the prescribed by the Board. standards prescribed by the Board
2. The unit shall operate and maintain the Complied.
ETP efficiently and continuously so as to Combined treated trade effluent from ETP at Stage bring the quality of the treated effluent to II is partly disposed through once through cooling satisfy the standards prescribed by the water in to Sea through Ennore creek with an Board. EMFM & remaining quantity of trade effluent is being utilized in Stage-II for gardening without an EMFM.
The unit has installed continuous effluent monitoring sensors for the parameters PH & Temperature at the outlet of ETP which has been connected to the "Water Quality Watch"
TNPCB, Guindy & CPCB server.Page 111 of 172
3. ACTION TAKEN BY TNPCB Based on the routine inspections carried out by the TNPCB officials, the unit of M/s NCTPS Stage- I has been frequently instructed to completely arrest the leakages from ash pipe lines in to water bodies by replacing with new pipes, remove the ash deposited in water bodies through PWD and maintain the ash ponds properly so as to improve the quality of surrounding environment. The Board has issued latest directions to the unit under section 33A of the Water Act and under section 31A of the Air Act vide Board's Proc. dated 12.10.2021 (Copies attached as Annexure-II). The details of compliance of directions issued by the Board is furnished below.
Sl. Directions issued vide Board Proc. dated12.10.2021 Compliance Status No I The TANGEDCO shall comply with the findings of the The details of compliance is submittedbelow committee constituted by the Hon'ble National Green Tribunal order dated 20.05.2019 in O.A.No.8 of 2016, O.A.No.152 of 2016 & O.A.No.198 of 2016, communicated and agreed by the Hon'ble NGT within the time limit, asreported.
Sl. Findings of the committee Report filed by the Details of compliance ason
No TANGEDCO before the 04.03.2022
NGT & included in the
order dated 30.11.2021 and
time
schedule earlier given to
NGT.
1. The unit shall remove the fly ash As deposits of about Partially Complied.
deposited on the land in and 2,42,040m3 on the land in The unit committed to comply
around the ash carrying pipeline and around the ash before September 2022.
and ash disposed inside the carrying by pipeline has In addition to the quantity
premises for quantity of 395979 been desilted. arrived by the committee as on
Tonnes and shall store in 31.03.2019 (395979
temporary storage area and/ or sent Tonnes), the unit has further
directly for beneficial purposes disposed the ash on the land in
and around the ash carrying
pipeline in
September 2022 view of frequent bursting of
aging pipes.
2. The unit shall completely remove Ash deposits of about 134 Partially Complied.
the ash deposited in Buckingham Lakh Cum in the The unit committed
canal for a quantity of 93096 m3 Buckingham Canal for a tocomply before July
Tonnes and shall store in temporary length of 2.4 Kms NCTPS 2022. In addition to the storage area and/ or sent directly main Gate to KPL main quantityarrived by the for beneficial purposes Gate has been desilted at a committeeas on 31.032019 cost of Rs. 66.23 Lakhs (93096m3 Tonnes), the unit has through PWD during the further disposed the ash in period from June to Dec' Buckingham Canal in view of 2020. frequent bursting of aging pipes.
Page 112 of 172
As per the direction of
District Collector
Thiruvallur, Ash
deposits of about 8813 Cum
in the
Buckingham Canal on the
northern and southern sides
of the Ash Slurry Pipelines
of NCTPS-I & II has been
desilted for a length of
about 200 mtrs at an
expenditure of 17.7
Lakhs during the
period from
24.10.2021 to
15.11.2021.
July 2022
3. The unit shall completely Ash deposits of about Partially Complied.
remove the ash deposited in 4.35 Lakh Cum in the The unit committed to
Kosathaliyar river for a Kosasthalaiyar River comply before June 2022.
quantity of 325000 Tonnes for a length of 2.4 kms In addition to the quantity
from NCTPS main gate to from NCTPS main arrived by the committee
KPL main gate for a length of Gate to KPL main Gate as on 31.03.2019 (325000
2.4Kms for a average width of has been desilted at a Tonnes), the unit has
130m and depth of 1m and cost of Rs. 28.5 Crore further disposed the ash in
shall store in temporary through PWD during Kosasthaliyar river in view
storage area and/ or sent the period from June to of frequent bursting of
directly for beneficial Dec' 2020. aging pipes.
purposes. June 2022
4. The unit shall completely - Not Complied.
remove the ash deposited in The unit committed to comply
Kosathaliyar river for a before December2022.
In addition to the quantity
quantity of 468000 Tonnes
arrived by the committee as on
form Ennore creek to 31.03.2019 (468000
NCTPS-I main gate for a Tonnes), the unit has further
distance of 1.7Km and from disposed the ash in Kosasthaliyar
KPL Main gate to Kattupalli river in view of frequent
bursting of aging pipes.
downstream for a distance of
1.9 Km for a average width of
130m and depth 1m and shall
store in temporary storage
area and/ or sent directly for
beneficial purposes.
December 2022
5. The unit shall replace the ASDL No.1& 5 - (5129 Partially Complied.
existing Ash Slurry pipe lines mtrs each) - The TANDGECO has replaced
No. 1,2,3&4 with new Cast Administrative old pipes with new pipes for line
no 3 fully, whereas it has to
Basalt Lined pipe lines for a approval is under
complete the replacement of old
total length of 20523m length. process and the pipes (1, 2, 4 & 5) with new
replacement of entire pipes on or before 30.06.2022 as
length of both pipelines committed and accepted by the
will be completed by Hon'ble NGT in O.A. No. 08 of
2016.
June 2022. Meanwhile
both the above
pipelines have been
replaced by using the
released pipes from
ETPS and it disposes
Ash slurry reasonably.
ASDL No. 2 - (5511
Page 113 of 172
mtrs ) - 1728 meters of
new cast basalt pipe lines
have already been replaced
with available 3498 metres
pipes and work is being
carried out on emergency
basis and will be completed
by December 2021.
ASDL No.3 - (4942
mtrs) - New cast basalt pipe
has been replaced
successfully from ash dyke
to NCTPS gate and there
are no leaks developed in this
pipeline.
ASDL No.4 - (4942
mtrs) - Tender for
procurement of 4942m of
new cast basalt Pipes is
under process and will be
completed
by May 2022.
June 2022
6. The unit shall provide impervious The study report from Not Complied.
Toe drain around the Ash dyke for IITM received on The unit committed to
a length of 6000m for the collection 13.10.2021 and comply before June 2023.
estimate is under
of seepage water and to be
preparation by
connected to the existing Recovery
TANGEDCO.
Water sump and
reuse for Ash slurry making June 2023
7. The unit shall provide 6000 Nos. of Quotation has been called Not Complied.
trees in and around the ash dykes from Annamalai The unit committed to comply
and grow it well so as to prevent the University and the District before December2023.
Forest Officer.
dust emission from the ash dyke.
December 2023
8. The unit shall make existing ash The study report from Not Complied.
ponds impervious so as to prevent IITM received on The unit committed to comply
the seepages as per the technical 13.10.2021 and before December2023.
consultancyof IITM, Chennai estimate is under
preparation by
TANGEDCO.
December 2023
9. The unit shall obtain technical study The study report from Not Complied.
report from IITM Chennai for the IITM received on The unit committed to comply
remedial measures such as 13.10.2021 and before December2023.
estimate is under
strengthening of Ash Dyke and
preparation by
other related works in Ash dyke TANGEDCO.
and implement the
recommendations
December 2023
10. The unit shall provide sufficient Work fully completedon Complied.
number of piezometric 09.12.2019. The TANGEDCO has
wells/monitoring wells around the provided 12 nos. of
dykes and upstream of the industry piezometric wells/monitoring
wells around the
tomonitor the ground water
dykes to
quality monitor the ground water
31.12.2019
quality periodically.
Page 114 of 172
11. The unit shall bring back Recovery Works are in progress Partially Complied. Works
water Pump No.3 in to service are in progress andthe
and to replace the existing worn- unit committed to
comply before June 2022.
out Recover water pipe Line No.1 for
a entire length of 2815 m
June 2022
12. The unit shall modify existing three Administrative Approval Not complied.
Electrostatic accorded forRenovation The unit is not meeting the
precipitator attached to the 3 No. & particulate matter
boilers so as to achieve revised Modernization (R&M) standards of 100 mg/Nm3 in all
3 boiler stacks as prescribed by
norms of particulate matter of Electro Static
MoEF&CC Notification dated
emission 100 mg/m3 as per MOEF Precipitators (ESP) in 07.12.2015 for TPPs
& CC notification dated Units I, II & III toachieve installed before 31st December
07.12.2015. the desiredPM 2003.
level below 100mg/Nm3,
so as to
achieve the norms as
per MOEF&CC.
December 2022
13. The unit shall replace the worn-out Works fully completed Complied.
boiler roof tubes in Unit-II and The unit has replaced the worn-
Unit-III so as to arrest the out boiler roof tubes in Unit-II
and Unit-III boilers and there is
discharge of fugitive emission.
30.09.2019 no fugitive emission at present
in all 3
units.
14. The unit shall develop Quotation has been called Not Complied.
Mangroves plantations and for from Annamalai The unit committed to
University and the District comply before June 2023.
other costal vegetation in
Forest Officer.
both sides Kosasthaliyar river
banks, Buckingham canal
and nearby by affected
coastal areas, in consultation
with M.S.Swaminathan
foundation (or) Annamalai June 2023
University.
15. The unit shall ensure Efforts are made to comply Not Complied.
complete utilization of fly ash the fly ash notification to The unit has not complied the
100% in the coming years. 100% fly ash utilization as per
as per the Ministry of
MoEF&CCNotification.
Environment, Forest &
Climate Change fly ash
notification of 2016.
-
16. The unit shall carry out Ground water and Not Complied.
ground water, surface water surface water analysis The unit is yet to furnish the
monitoring once in six months conducted once in six report for the financial
through any NABL accredited months through NABL years 2020-21 & 2021-22.
laboratory in the affected accredited lab.
areas. Further detailed study Detailed study has
may be carried out by Ground been carried out for
water department or any ground water through
reputed institution on the reputed institution
status of ground water, once in year.
surface water quality once in Periodical work
year.
17. The unit shall adhere to the latest consent order conditions dated 25.06.2014 issued by Tamil Nadu Pollution Control Board.
Page 115 of 172Compliance status of latest consent order conditions issued vide Proc.dated:25.06.2014.
1. The unit shall maintain the coal handling conveyer Complied.
system and junction towers and ensure that no coal The unit has maintained the coal handling dust shall be accumulated in the adjacent area of conveyer system and junction towers and coal handling conveyor and junction towers. ensures that no coal dust is accumulated in the adjacent area of coal handling conveyor and junctiontowers.
2. The unit shall operate and maintain water Complied.
sprinkling and cyclone separators provided at The unit has operated and maintainedwater junction towers to control the dust emission. sprinkling and cyclone separators provided at junction towers to control the dust emission.
3. The unit shall ensure the APC measures provided Complied.
in the coal crushing area shall be under working The unit has ensured the APC measures condition so as to control thedust emission. provided in the coal crushing area is under workingcondition so as to control the dust emission.
4. The unit shall install On line Stack monitoring Partially Complied.
system for SO2, NOx and PM and to connect the The unit has installed Online Continuous same to Care Air Centre, TNPCB, Chennai within Emission Monitoring System (OCEMS) for three months. unit I, II & III of three stacks to monitor the parameters PM, SOx, NOx and the same is connected with CAC, TNPCB, Guindy and CPCB server.
5. The Unit shall provide continuous ambient air Not Complied.
quality monitoring station and the same shall be The existing Continuous Ambient Air Quality connected to Care Air Centre TNPCB, Chennai Station (2Nos) provided were not in operable within three.
condition and it was reported that the TANGEDCO has planned to install new 4 stations covering the units Stage-I, Stage-II, Stage-III (Proposed) and Ennore SEZ-
IV (Proposed).
6. The unit shall operate the Air Pollution Not Complied.
Control measures efficiently and The unit has provided the air pollution
continuously to achieve the National control measures such as Electrostatic
Ambient Air Quality Standards as per Precipitator for Boiler, Dust Extraction
MOEF Notification. and Dust Suppression for coal
handling area which are being
operated and maintained by the unit
regularly.
However, the unit is not meeting the
particulate matter standards of 100
mg/Nm3 in all 3 boiler stacks as
prescribed by MoEF&CC Notification
dated 07.12.2015 for TPPs installed
before 31st December 2003 hence, the
unit shall augment the ESPs provided
in all 3 boilers and also to provide Flue
Gas Desulphorisation (FGDs) to
achieve SOx emission standards
before 31.12.2022 as per the timelines
permitted for TPPs (Category A) by
Page 116 of 172
MoEF&CC Notification dated
31.03.2021.
7. The unit shall conduct AAQ/SM survey Complied.
through TNPC Board and furnish the survey
report to Board within 3 months.
The unit is conducting the AAQ/SM
survey through TNPC Board yearly
once.
8. The unit shall develop green belt in and around the Not Complied.
unit premises at the rate of 400 trees/hectare. The total area of the unit is 549.10
Acres and it was reported that the unit
has planted tree sapling to an extent of
130 Acres. The green belt to be
developed by the unit is 181 Acres
(33% of the total area), hence, the unit
shall further develop green belt of
remaining 51 Acres.
Water Act:
1. The unit shall complete and commission the Complied.
common sewage treatment plant for Stage- STP provided at Stage-I is under
I & Stage-II within a month time. operation.
2. The unit shall ensure that no water shall be Partially Complied.
discharged from the Ash pond or through Ash pond recovery water is being
the canal linking the pump house and ash utilized for bottom ash slurry
pond to Ennore creek either directly or preparation. However, the unit has to
indirectly under any circumstances. improve the complete recovery water
collection and reuse for ash slurry
preparation.
3. The unit shall reconstruct/revamp the Not Complied.
existing spillway structure to ensure Tender has been awarded by Stage II
uniform distribution of water from the for widening of Hot water channel.
cooling water canal in to Ennore creek to Proposal to reconstruct the existing
preserve the marine eco system within 6 spillway structure to ensure uniform
months time. distribution of water has been evolved
by stage II which is under progress.
4. The unit shall reconstruct/revamp the pipe line Partially Complied.
carrying the ash slurry to the ash pond and to The TANDGECO has replaced old pipes with
ensure that no ash slurry shall be discharged in to new pipes for line no 3 fully, whereas it has to
creek area under any circumstance. complete the replacement of old pipes (1, 2, 4
& 5) with new pipes on or before 30.06.2022 as
committed and accepted by the
Hon'ble NGT in O.A. No. 08 of 2016.
5. The unit shall take immediate action for the removal Not Complied.
of fly ash accumulated over the roads and around The unit has to remove the fly ash accumulated the ash dyke area. as per the Joint Committee findings.
6. The unit shall conduct Marine Impact Studyat where Not Complied.
the cooling water is being Marine Impact Study not yet discharged in to creek/sea and furnish thereport conducted. within three months.
7. The unit shall maintain the coal handling conveyer Complied.
system and junction towers and ensure that no coal The coal accumulation in the adjacent areas of dust shall be accumulated in the adjacent area of coal handling conveyor and junction towers of coal handling conveyor and junction towers. ICHS are being cleared then and there on regular basis.
Page 117 of 1728. The unit shall obtain renewal of authorization Not Complied.
under the Hazardous Waste (MH&T) Rules 2008. Authorization for Hazardous waste obtained is valid up to April' 2020,renewal application is yet to file.
9. The unit shall remit the balance water cess The unit has not remitted the balancewater immediately. cess.
10 The unit shall develop green belt in and around the Not Complied.
unit premises at the rate of 400trees/hectare. The total area of the unit is 549.10 Acres and it was reported that the unit has planted tree sapling to an extent of 130 Acres. The green belt to be developed by the unit is 181 Acres (33% of the total area), hence, the unit shall further develop green belt of remaining 51 Acres.
II. The TANGEDCO shall replace the existing Not Complied.
ash slurry pipe lines no. 1, 2, 3, 4 & 5 with new The TANDGECO has replaced old cast basalt lined pipes for entire length pipes with new pipes for line no 3 instead of using retrieved pipes from ETPS on fully, whereas it has to complete the or before 31.12.2021 as reported to comply replacement of old pipes (1, 2, 4 & 5) with the above Hon'ble NGT direction so as to with new pipes on or before curtail the leakage from pipes permanently to 30.06.2022 as committed and avoid deposition of ash in Buckingham Canal, accepted by the Hon'ble NGT in O.A. Kosasthalaiyar River and near Seppakkam No. 08 of 2016. hamlet.
III. The TANGEDCO shall carry out the removal Not Complied.
of deposited ash near the Seppakkam hamlet The TANGEDCO has not yet on priority basis within 15 days. removed the deposited ash near the Seppakkam hamlet.
93. They also given the details of Environmental Compensation imposed for the violations noticed as follows:-
Sl. Reason for assessed Period Amount Remittance No interim Environmental inRs. details Compensation
1. Ash slurry disposal into 01.11.2004 to 16.461 Remitted to Kosasthalaiyar river / 12.11.2019 Crores TNPCB Buckingham canal as reported by the earlier committee
2. Ash slurry disposal into 22.08.2020 to 41.40 Not yet Kosasthalaiyar river / 06.01.2021 Lakhs Remitted Buckingham canal as reported by the committee
3. Ash slurry disposal on land 07.01.2021 to 4.122 Remitted to near Seppakkam Village into 23.08.2021 Crores TNPCB Kosasthalaiyar river / Buckingham canal as reported by the committee.Page 118 of 172
94. They have also mentioned in the report that for non-compliance of the pollution control mechanism regarding stack emission etc., they have imposed an environmental compensation of Rs.1,87,20,000/- for a period of violation of 208 days from 27.11.2020 to 07.03.2022 and a show cause notice has been issued in this regard.
95. It is also mentioned that the parameter of PM only was taken for assessing environmental compensation as the timeline for installation of FGD and low NOx burner to achieve Sox and Nox was extended till 31.12.2022 as well as vide MoEF&CC Notification 30.03.2021 and they shall levy environmental compensation on the non-retiring thermal power plant as the date specified in Column 4 of Table 1 as per the rates specified in Table 2.
96. As regards the violation in respect of NCTPS Stage - II, they have found certain violations for a period 791 days from 01.04.2019 to 07.03.2022 and calculated a compensation of Rs. 3,55,95,000/- and recommended to issue show cause notice under Section 5 of the Environment (Protection) Act, 1986. There also they have mentioned about the criteria taken is only in respect of parameter PM alone and other aspects will be taken for the non-compliance after the time line for compliance of 31.12.2022 is over.
97. As regards the ash calculation as on 28.02.2022 is concerned, they have considered the following compliance and non-compliance status as regards Stage - I and Stage - III proposed and Ennore SEZ Proposed vide final order 31.01.2022 in O.A. No.162/2021 and O.A. No.122/2021 as follows:-
―It is further submitted that the Hon'ble NGT in OA.No.122 of 2021 & 162 of 2021 in respect of TANGEDCO NCTPS Stage-I (Existing), Stage-III (Proposed) & Ennore SEZ-IV (Proposed) vide its final order dated 31.01.2022 directed the TANGEDCO to comply the following and compliance of the same is furnished below.
Sl. Directions issued by the Hon'bleNGT in Status of the compliance
No OA.No.122 of 2021 & 162 of
2021
1 The TANDGECO is directed not to Complied.
proceed with the work of laying the The TANGEDCO stopped the
pipeline through the CRZ zone and also construction activity in CRZ area for
in the other area in violation of the not having EC under the
Environment Clearance and CRZ CRZ Notification pertaining to Stage-
Page 119 of 172
Clearance granted to them in 2016, III & Ennore SEZ-IV as directed.
without getting necessary further Amendment to be obtained by
clearances in this respect by filing TANGEDCO in the EC already
afresh application in accordance with obtained under CRZ Notification for
law and the same will have to be Stage-III & Ennore SEZ-IV.
considered by the authorities strictly in
accordance with law and the direction
given for this purpose cannot be
treated as a direction to the authorities
to grant the permission, if it is not
otherwise feasible or permissible
under law. This must be strictly in
compliance with the decision of
Hon‟ble Supreme Court in Key stone
realtors private limited vs. Anil V.
Tharthare and ors.
2 The TANDGECO is directed to pay an Complied.
Environmental Compensation of Rs. The TANDGECO has remitted the
4,12,20,000/- fixed by the Environmental Compensation of Rs.
Joint
Committee and approved by 4,12,20,000/- to the Board through
this
Tribunal to Tamil Nadu NEFT Dated 27.12.2021.
Pollution
Control Board for the damage caused
to environment on account of the
deposit of fly ash slurry in
the
Kosasthalaiyar River region, over and
above the compensation
already
remitted by them as directed by the
Pollution Control Board in O.A. No. 08
of 2016 and other connected cases.
3 The TANDGECO is also directed to Not Complied.
pay an additional compensation of Rs. Not yet remitted by the TANGEDCO.
50 lakhs with the Tamil Nadu Pollution
Control Board for the
violation
committed i.e. preparation for
constructing the pipeline and making
some attempts for that purpose in
violation of the Environmental
Clearance and CRZ
Clearance
granted and this is in addition to the
compensation already directed to be
paid by them for damage caused to
the environment on account of deposit
of fly ash.
4 The TANDGECO is directed to carry Works are in progress.
out the replacement of the old pipes The TANDGECO has replaced old
as undertaken by them and as
pipes with new pipes for line no 3 fully,
directed by this Tribunal in O.A. No. 08 whereas it has to complete the
of 2016 and other connected cases replacement of old pipes (1, 2, 4 & 5)
within the time line fixed by the with new pipes on or
before
Tribunal, on the basis of 30.06.2022 as committed and
Page 120 of 172
the
undertaking given by them to avoid accepted by the Hon'ble NGT in O.A.
future breaches. No. 08 of 2016.
5 The TANDGECO is directed to carry The Joint Expert Committee appointed
out recommendations made by the by the Hon'ble NGT in O.A. No. 08 of
Joint Committee in both the cases in 2016 is yet to file report.
its letter and spirit to avoid future
breaches of fly ash into the riverine
area. The question regarding steps to
be taken for remediation process of
damage caused to the environment on
account of deposit of fly ash in that
area for longer period will be
considered by this Tribunal including
any further compensation to be paid
on the basis of the recommendations
to be made by Committee already
appointed by this Tribunal in O.A. No.
08 of 2016and other connected cases.
6 The TANDGECO is also directed to take Works are in progress.
steps to remove the fly ash already deposited The TANDGECO has to complete the
in that area, as directed by the Joint removal of fly ash as already deposited in
Committee as well as the Pollution Control Kosasthalaiyar river, Buckingham canal
Board at the earliest possible time to reduce & on land adjacent to ash conveying pipe
theimpact of damage to riverine lines as committed to Hon'ble NGT.
environment any further.
7 The TANDGECO is also directed to take As per the review application no.14 of
necessary steps to avoid leakage through pipes 2021 (SZ) in O.A.No. 08 of 2016, the
and they must hold vigil by regular unit shall utilize the pipe line no.3
inspection of the old pipe lines till such time (Replaced with new pipes) and pipe line their replacement is completed and take no.1 & 5 (Replaced with retrieved pipes immediate steps to arrest breaches, if any, from ETPs) for conveying the ash slurry during the interregnum. The amount of to ash ponds. compensation directed to be paid on two The TANDGECO is taking necessary counts are to be deposited by TANDGECO steps to avoid leakage through pipes by with Tamil Nadu Pollution Control Board conducting regular inspection of the old which they can utilise for the purpose of pipes.
protecting Kosasthalaiyar River as well The Joint Expert Committee constituted Ennore creek in that area to restore the in O.A.No.08 of 2016 is yet to file a damage caused to environment and also to report to the Hon'ble NGT, hence for the provide necessary protection to prevent purpose of protecting Kosasthalaiyar encroachments in that areas in future and River as well as Ennore creek in that area avoid further environmental damage as well and to restore the damage caused to as riverine damage inthat area. environment and also to provide necessary protection to prevent encroachments in that areas in future and avoid further environmental damage, as well as riverine damage in that area, EC paid by the TANGEDCO, may be utilized based on the recommendation by the Joint Expert Committee.Page 121 of 172
8 As regards the action to be taken for Not applicable for TNPCB.
violations committed by TANDGECO in violation of Environmental Clearance and CRZ Clearance, the respective regulators, namely, MoEF&CC and State Coastal Zone Management Authority are directed to take necessary action against TANDGECO in accordance with law.
9 As regards O.A.No.122 of 2021 is Not applicable for TNPCB.
concerned, since it is filed by a private person in order to protect environment, we feel that TANDGECO can be directed to pay a cost of Rs. 25,000/- to the applicant in that case.
10 If the above amounts including the Partially Complied.
compensations and costs are not paid The TANDGECO has remitted the within three months from today, then Environmental Compensation of Rs. the Pollution Control Board and the 4,12,20,000/- to the Board through applicant are entitled to NEFT Dated 27.12.2021.
initiate proceedings for recovery of the same The TANDGECO has to remit Rs.50 under Section 25 of the National Lakhs within three months from the Green Tribunal Act, 2010 or through date of order (31.01.2022) i.e before District Collector for recovery of the 30.04.2022. amount invoking Revenue Recovery The TANDGECO has to pay Act, 1890 in accordance with law. Rs.25,000/- to the applicant within three months from the date of order (31.01.2022) i.e before 30.04.2022.
98. The State Pollution Control Board also made certain recommendations which reads as follows:-
―1. The TANGEDCO shall ensure 100% utilization of fly ash as per Fly Ash Notification 1999 (as amended) issued under the Environmental (Protection) Act 1986 for utilization of fly ash.
2. The TANGEDCO shall replace the existing ash slurry pipelines no.1, 2, 4 & 5 with new cast basalt lined pipes for entire length instead of using retrieved pipes from ETPs on or before 30.06.2022 as committed to comply with the Hon'ble NGT direction dated 24.12.2021 so as to curtail the leakage from aging pipes permanently to avoid deposition of ash in Buckingham Canal, Kosasthalaiyar River and near Seppakkam Village. If failure to comply, the TANGEDCO shall restrict the production accordingly.
3. The TANGEDCO shall completely remove the fly ash deposited on the land in and around the ash carrying pipeline, in the Buckingham Canal and in the Kosasthalaiyar River (Quantity assessed by the committee is 78,81,309 Tonnes) and shall dispose either to dyke or sent directly for beneficial purpose.
4. The TANGEDCO shall deposit required funds that is to be assessed by PWD for the evacuation, transport and disposal of entire fly ash quantity to District Administration (Tiruvallur District Collector) and execution works shall be carried out by the District Administration through tenders as the TANGEDCO has not carried out the removal of fly ash as directed by the Hon'ble NGT in time. The above process shall be completed within a year.
5. The TANGEDCO shall engage reputed agency to remediate the contaminated soil in and around the ash ponds as suggested by the Joint Expert Committee and shall be completed within six months from the date of completion of removalof fly ash.
6. The TANGEDCO shall use desulphurized coal containing ash content less than 30% so that quantity of ash generation can be controlled at source itself.Page 122 of 172
7. The TANGEDCO shall establish silo of atleast 5 days storage capacity and dry fly ash shall be loaded into the trucks directly from the silos into the vehicles and it shall ensure that only wet bottom ash is conveyed through the pipelines into the ash dyke.
8. The TANGEDCO shall take immediate measures to collect the entire recovery water from ash dyke and to fully utilize it within the premises for making bottom ash slurry and shall ensure that no recovery water from ash dyke is allowed to overflow / seepage into the river or canal.
9. The TANGEDCO shall increase the height the of bund to 2m provided between Seppakkam Village and land adjacent to ash dyke to prevent runoff from the ash dyke to join the village and to provide adequate height of wind net towards Seppakkam Village immediately.
10. The TANGEDCO shall establish the infrastructure facilities including primary health center required for Seppakkam Village in coordination with the District Administration by utilizing CSR funds within 6 months.
11. The TANGEDCO shall install Flue Gas Desulphurisation (FGD) System based on Lime/Ammonia dosing to capture Sulphur in the flue gases to meet the SO 2 emissions standard of 600mg/Nm3 (Power Plants smaller than 500MW installed before 31st December 2003) as per MoEF&CC's Notification S.O. 3305(E) dated: 07.12.2015 before 31st December 2022.
12. The TANGEDCO shall ensure that the Particulate Matter (PM) emission in each 3 boiler stacks is within the standard of 100mg/ Nm 3 at all times (Power Plants smaller than 500MW installed before 31st December 2003) as per MoEF&CC's Notification S.O. 3305(E) dated: 07.12.2015 by augmenting the ESPs within 6 months.
13. The TANGEDCO shall ensure that the OCEMS for the emission parameters SPM, SOx & NOx are provided to each three Boiler stacks which are calibrated regularly and operated at all times and ensure that the output of the sensors are connected to CAC, TNPCB & CPCB server at all times.
14. The TANGEDCO shall provide Continuous Ambient Air Quality Monitoring Stations (CAAQMS) for the parameters PM10, PM2.5, SO2 & NO2 in the nearby villages and real time results shall be displayed to the public to sensitize the public.
15. The TANGEDCO in coordination with other industries shall develop green belt along the bunds of Buckingham canal, around the ash dyke, in and around Seppakkam Village and other places after removal and remediation of soil.‖
99. The State Pollution Control Board also submitted a report of compliance of Fly ash Notification, 1999, 2003, 2016 and 2022 and its current obligations under CPCB norms in the report submitted by the CPCB and the following non-compliances were noted:-
―NON-COMPLIANCES OBSERVED BY CPCB TNPCB has not renewed the Consent orders issued to M/s NCTPS and currently unit is operating without valid consent.
TNPCB had stipulated conditions to M/s. NCTPS while issuing first consent on handling of ash but the unit has overseen these Rules and proper precautions were not exercised to prevent damage due to fly ash handling. The applicable emission standards as per the MoEF Notification dated 07.12.2015 are as follows:
S.No Thermal Height of Standards in mg/Nm3
power plant stack PM SO2 NOx
capacity
1 Unit-1 210MW 275m 100 600 600
2 Unit -2210MW 275m 100 600 600
3 Unit-3 210MW 275m 100 600 600
Unit has installed 3-field Electro-static Precipitators to control PM but are not effective andas a result stacks are not complying with TNPCB standards Page 123 of 172 Stack attached PM measured TNPCB SO2 TNPCB to value standards measured standards value Unit-II 182.2 mg/ Nm3 100 mg/Nm3 788 mg/Nm3 600 mg/Nm3 Unit-III 157.8 mg/Nm3 100 mg/Nm3 832 mg/Nm3 600 mg/Nm3 The fly ash generated from the boiler (about 60% of total ash generated) after passing through ESP's are collected using pressurized dense fly ash collection system and sent to ash silos (3 no.s X 1000tonnes capacity= 3000tonnes).
The fly ash collected in the ESP is evacuated and disposed to the Silos(3 Nos x 1000 T capacity)located outside the plant boundary of about 1.8 Km through Pressurized Dense-Phase Fly Ash Conveying System (PDFACS) and from the Silos the fly ash is utilised for further beneficial use through Closed trucks.
The heavier particles called the Bottom Ash(40% of the total ash generated ) which comprises traces of combustibles embedded in forming clinkers is collected at the Bottom of the furnace quenched, cooled to manageable temperature and disposed in the form of slurry to Ash Pond located at about 5.2 kms from the Power Plant.
Water is being used for pumping out the ash slurry, generated by burning of coal in Stage I and Stage II of North Chennai Thermal Power Plants, into the ash pond, which is filtered and put into reuse.
Everyday about 48,000 Tons of wet ash slurry is being pumped into ash pond which contributes 3,300 Tons of Fly ash. Both the Stage-I&II Thermal Power Plants have been designed for 40% Wet bottom and hence generation of ash slurry is inevitable.
Fly Ash generated per day is 3500 tonnes against silo capacity of 3000 tonnes. The electro-static precipitators are designed for wet bottom and bottom ash generated from the unit has to conveyed into the dyke in the form of ash slurry. Unit has to transfer only the bottom ash and the entire flyash has to utilized in the dry form. Since the unit is not able to achieve 100% utilization of flyash and is not having adequate facility for storage of dry flyash that is generated in one day, flyash slurry is sent to dyke and then lifted for other beneficial purposes.
Currently, the percentage utilization of dry fly ash is varying between 25% to 30% and it is stored in silos and directly loaded into vehicles and sold to cement industries/ brick manufacturers. Though the power plant is having agreement with eight cement industries, four construction & service industry and two transport companies for lifting of dry fly ash but from 2020 onwards the utilization of flyash has reduced to 25% to 30%.
Silos are not even having one day storage capacity due to which flyash is sent to dyke and again lifted from dyke for beneficial utilization.
The five ash slurry pipelines were designed to carry only bottom ash (40% of the total ash generated) but however unit has pumped both flyash & bottom ash through the pipelines over and above the permitted quantities. In early 2004, pipelines have started to leak and flyash deposition has started in adjoining areas and leaks are continuing till date. From 2004 to 2021 unit has taken measures to repair the leaks but proper corrective measures to prevent the leaks were not taken. Since, 2021 unit has made efforts to replace leaking pipelines.
The Ash Slurry Disposal System envisages identical streams (3series) of Ash Slurry Pumps of 930 M3/Hr capacity connected to 5 Nos , disposal pipe lines ( M.S Cast Basalt lined pipes). Out of the five Nos Slurry Disposal Lines 3 Nos are in continuous service during 100 % plant availability and 2 Lines will be kept as standby for maintenance reserve. The Decanted water is collected in the concrete lined Recovery water sump of capacity 4500 M3 and Basin capacity of 650 m3 and pumped back to the power plant for reuse in Ash Handling System through 4 Nos Recovery water Pumps (2 Nos service and 2 Nos Stand by) and 3 Nos Recovery water lines. The Ash Slurry Disposal Lines are running to a stretch of about 5.2 kms from the Power Plant up to Ash Dyke. The tanks used to collect the recovery water is broken and recovery water is overflowing into adjacent area which ultimately joins Buckingham canal.
The ash pond is located about 5kms from the Thermal Plant sprawling at an area of about 115 Hectares. The total height of the earthen bund of the ash pond is 7 metre of which 3 metre free board is available now. The total quantity of ash deposited was 65 Lakh cu.m, out of which 22 Lakh cu.m has been already removed and disposed. Hence Page 124 of 172 43 Lakh cu.m of ash is present in the ash dyke.
The pipelines of Stage-I were commissioned during 1994-95 and hence more than 25 years old. They have become rustic, corroded and brittle with numerous cracks. There are total 8 Nos. of series of pipelines of which 5 Nos. carry ash slurry and 3 Nos. being used for recycling the filtered water. The pipelines of both NCTPS stage I & II starts near the Stage-2 Entrance Gate outside, cross the adjoining Buckingham Canal, Backwaters and Kosasthalaiyar river by supporting bridges to reach ash dyke. Pipelines laid for NCTPS stage-II are in good condition.
Currently, out of 5 Nos. of ash slurry pipelines, Line 1 & 5 were replaced with old used Cast Basalt-lined pipelines (having an outer diameter of 406 mm and Inner diameter of 356mm) brought from Ennore Thermal Power Station (ETPS) during August 2020. Replacement of Line 2 is in progress with new Cast Basalt pipes, Line 3 is replaced with new pipeline. but for Line 4, the unit is yet to procure new pipes. Currently unit is having only one new pipeline and remaining four old pipelines which are leaking. When ash slurry is transferred through the old pipelines, it is leaking intothe adjoining areas.
Whenever leaks are detected, unit is taking actions to stop leakage. TANGEDCO is operating a patrol team round the clock to check for pipeline leakages. Soon after leakages are noticed, pumps are stopped immediately, the left over ash slurry in the pipeline is flushed outside, fresh water is transported through pipelines, leaks are repaired and pipes are put back into operation. Though unit is taking measures to monitor & repair the leakages but the ash slurry that has leaked into the environment is not cleaned. Due to incidences of repeated leaks from the pipelines, the area surrounding the pipelines such as Buckingham canal, kosathalaiyar river are deposited with ash.
In compliance to Hon'ble NGT orders, TNEB paid an amount of Rs 28.5 crores to PWD to desilt the ash from kosasthaliyar river. PWD has desilted 4.35 lakhs cubic metre qty. Out of which 2.5 lakhs cubic metre qty was taken away by M/s. Tamilnadu polymer Industries Private Limited (TPIPL) for their land filling and not stored in dyke. Balance qty of 1.85 lakhs cubic metre that was desilted by PWD was dumped along the boundary of the river and during rains, the same is washed back into the river. Hence 1.85 lakhs CBM of flyash that was desilted by PWD is again redeposited intoriver.
TNEB paid to PWD an amount of Rs 66 lakhs to desilt the ash from Buckingham canal. PWD has desilted 89600 cubic metre qty. Out of which 70000 cubic metre quantity was taken away by M/s. Tamilnadu polymer Industries Private Limited (TPIPL) for their land filling and not stored in dyke. Balance qty of 19600 cubic metre has to be removed and transported to dyke‖
100. They have given the following recommendations:-
―The committee submits to Hon'ble NGT to direct M/s NCTPS, stage-I to stop its operationstill the unit complies with the following:
1. Unit shall obtain valid consent to operate under the Air Act, 1981 The Water Act, 1986 and Hazardous Waste Authorization from TNPCB
2. Unit shall use desulphurized coal containing ash content less than 30% so that quantity of ash generation can be controlled at the source itself.
3. Unit shall augment the air pollution control devices so that stacks comply with the standards stipulated by TNPCB.
4. Unit shall ensure 100% flyash utilization as per Fly Ash Notification 1999 (as amended) issued under the Environmental (Protection) Act 1986 for utilization of flyash.
5. Unit shall install silo of atleast 5 days storage capacity and dry flyash shall be loaded into the trucks directly from the silos into the vehicles. Unit shall ensure that only bottom ash is conveyed through the pipelines into the dyke.
6. Unit shall replace pipelines 1, 2, 4 & 5 with new cast basalt pipelines.
7. Unit shall take adequate measures to collect the entire recovery water and to fully reuse it. Unit shall ensure that no recovery water is allowed to overflow into the river or canal.
8. Unit shall ensure that ash deposited in the Buckingham canal, Kosathalaiyar river deposited upto 1m depth shall be removed by desiltation and transported to the dyke immediately.Page 125 of 172
9. All units in the Ennore industrial area shall collectively construct a health care facilityin Ennore for the public and the workers/ employees of the industries.
10. Unit shall strengthen the bund laid across the Sepakkam village.
11. OCEMS has tampered and it is observed that actual results are not transferred toCPCB and TNPCB servers.
12. Unit shall develop and maintain a minimum 33% green belt in the unit area andaround the ash dyke.‖
101. In the report submitted by Dr. Balaji Narasihmhan, Professor, Dept. of Civil Engineering, IIT Madras regarding the effects of fly ash on the Hydrology and Hydrodynamics of Kosasthalaiyar River near North Chennai Thermal Power Station, Ennore, after making a detailed study on the aspect, he has given the following summary and conclusions along with recommendations:-
As the ash generated is not directly measured, but estimated as a percentage of coal consumed, there seems to be a large disparity between the mass balance on the ash that should be theoretically remaining in the dyke and actual quantity of ash present in the ash dyke.
This disparity in estimates could also be due to inaccuracies in the measurement of actual amount of dry ash and wet ash lifted (presently estimated based on the number of lorry loads lifted) Due to the lack of accurate measurements of pollutant (ash) generated, the amount of ash cumulatively lost to the environment is not known Based on the historical analysis of high-resolution satellite imagery available in the public domain, fugitive emissions of flyash could be observed from as early as 2000 (with 6 years of commissioning of NCTPS) The DPR prepared for the restoration of the Ennore Creek clearly show that the natural drainage patterns have been considerably altered due to the fly ash pond construction and fugitive emissions In addition to the fugitive emissions directly from the fly ash pipeline, the macro drain for stormwater runoff from the fly ash pond area also seems to be a major carrier of fly ash into the Ennore backwaters Within the critical domain selected for analysis, fly ash was found to be prevalent to the extent of 3.51 sq. km (1.51 sq. km within the water bodies). This is only a conservative estimate. The actual extent could be much larger.
The total volume of fly ash deposition in the study area is 39,83,002 cubic meters (approx. 5.67 million Metric Tons) of which 19,11,830 cubic meters (approx. 2.67 million Metric Tons) are present in the backwater and the remaining in the flood plains. The tidal fluctuation is considerably damped due to the fly ash deposits. The fluctuation is very limited beyond the fly ash pipeline. This has significant implication on the flora and fauna of the region. Dredging of the fly ash deposits from the flood plain and the thalweg seems to restore the tidal dynamics. The impact of tidal dynamics in the flood plain could be even more severe due to the heavy deposits of fly ash Recommendations The ash generated should be directly measured at the premises itself The dry ash lifted should be directly measured through weigh bridges The wet ash lifted should be directly measured through weigh bridges and adjusted for moisture content for accurate bookkeeping.
As the natural drainage in the area is severely and irreparably affected, the restoration efforts must ensure delineation of alternate pathways for stormwater drainage from the west of the ash pond area towards the Ennore backwaters. Due to accessibility issues, the western side of dyke and area between coal yard and eastern bund of dyke was not assessed for flyash deposits in current study and should be included in the DPR Only tidal dynamics were studied in this report. The 2018, Ocean Engineering Page 126 of 172 Department, IITM study clearly showed that considerable amount of flood waters from Kosasthaliyar in the south is pushed through the Ennore back waters due to Ennore creek mouth closure from sand bar formation (2). Hence, the DPR for remediation should also look at the influence of ash deposits and their removal on the flood dynamics in the Ennore back waters.
The tidal fluctuations at the thalweg portion of the backwaters seem to get restored even with 0.5m removal (dredging) of the flyash. However, for restoration of tidal dynamics on the flood plain, much deeper dredging than 0.5m would be needed at the flood plain area. The results show that a fly ash dredging at least to a depth of 1m would be necessary to restore the full tidal fluctuation, while a complete removal of the fly ash is desirable.
It is not merely tidal dynamics that needs to be restored, but that to wholly restore the region hydrologically and biologically, targets and ambitions must be set with a holistic view and dredging to a depth of native soil/sediment may be required to create conditions suitable for return of native flora/fauna.
102. The individual report submitted by Dr. Indumathi Nambi, Professor, Environment and Water Resources, IIT Madras on contamination of air, water, sediments with recommendations and suggested target(s) for remediation, after conducting a detailed evaluation, following conclusions and recommendations were made:-
"Fly ash deposition: From the deep drilling exploration in the study area, fly ash deposits were observed to be found up to 2 km upstream and 4 km downstream of ash pipeline along Kosasthaliyar river shore with depth ranging from 1 to 8 feet and near maximum deposit was observed in the immediate downstream of ash pipe line. Along the shore of Buckingham canal, contamination due to fly ash extended from a depth of 1 ft to 7 ft with maximum depth at the location of ash pipeline. Fly ash deposits in the Buckingham canal shore extended even up to 1 km upstream of ash pipe line and 0.7 km in the downstream. It is also observed that alarming levels of fly ash deposits has been carried to the upstream reaches of Kosasthaliyar river due to the incoming back water currents but the spill in the stretch between Buckingham canal and Kosasthaliyar river is still intact with maximum depositions in the downstream of pipe towards the creek.
Sediment quality: Shallow sediment samples has high concentrations of cadmium all over the study area and is exceptionally high in the downstream stretch along the Buckingham Canal where visual leaks of fly ash can be seen and is in correlation with the depth of fly ash deposits and the concentration in deeper samples. As heavy metals are beyond the permissible limits in deeper samples, adverse biological effects are induced in benthic aquatic organisms which include increased mortality, decreased benthic invertebrate abundance and diversity, and abnormal development among others.
Chromium and copper are beyond the permissible guideline values in the stretch between Kosasthaliyar river and Buckingham canal downstream of NCTPS pipeline, however the same has not leached into deeper sediments.
Lead is beyond the permissible guideline values in the stretch between Kosasthaliyar river and Buckingham canal downstream of NCTPS pipeline and but is within permissible values along the Kosasthaliyar river and Buckingham canal stretch. However, deeper sediments shows elevated concentration of lead along this stretch pointing out the leaching effect. Same is the case with Zinc as well.
Deeper sediments are found to be moderately enriched by arsenic, chromium, copper and nickel and severely enriched by lead and Zinc.
The concentration of heavy metals in underwater sediment samples are lower than the surface sediment samples collected along the shore which may due to dilution effect or washing off of pollutants along with the stream. Peak concentrations of lead, copper and zinc were found 500m u/s of pipeline in correlation with fly ash depth. From leachability studies, it is inferred that aluminium, copper and chromium would leach back into water under wide pH range and the resultant heavy metal concentration in leachate would be above permissible standards posing a threat to the humans, livestock and aquatic life depending on the water source.Page 127 of 172
Hence it is recommended to remove the deposited fly ash along with the deep sediments up to a depth of 10m, 2 km u/s and 4 km d/s of NCTPS pipeline, along the Kosasthaliyar river. Buckingham canal has to be dredged for 10m, 1 km u/s and 1 km d/s of NCTPS pipeline. Also, the stretch between Kosasthaliyar river and Buckingham canal u/s and d/s of pipeline should also be cleared.
The following table compares the top sediment with the agri standards across the globe. From the table, it is evident that the dredged sediment is not fit to be disposed on land.
Hence it is recommended to dispose off the dredged soil in the hazardous managementfacility.
Groundwater quality: Groundwater has high concentrations of dissolved salts apart from contamination by aluminium, arsenic, lead, manganese and zinc. As the deeper sediments are severely enriched with lead and aluminium (from Enrichment factor analysis), they would have leached into the water and caused groundwater contamination. It is necessary that centralized treatment plant has to be set up to treat the water before distributing it to the public. Meanwhile, potable water has to be suppliedto the residents on daily basis.
Surface water quality: Surface water is not fit for consumption by humans nor for irrigation due to elevated concentrations of heavy metals. However, for the measured parameters, it doesn't pose any threat to aquatic life or livestock and complies with MOEF class-I use case for coastal waters (Salt pans, Shell fishing, Mariculture and Ecologically Sensitive Zone).
Leaching experiments: Leaching experiments conducted at different pHs indicated that sediments can release the heavy metals such as Chromium, Copper and Lead even at neutral range due to desorption. Under slightly acidic conditions due to biological activityand alkaline conditions of flyash leaching is enhanced.
Human Health Risk: The data indicate that the incremental human health risk is very high compared to the background risk. Cadmium and Chromium being the leading causative agents. The results presented the risk quantification taking the lowest levels of contamination for each metal. The cumulative effects of other metals can have an additive effect on the same target organ. The risk estimations can be used to calculate standards that has to be met so that the Hazard index is below 1 and cancer risk is below 1 *10-6. In recent years, risk based environmental standards and clean-up goals are set for remediation in all countries and MOEFCC has also developed a guideline document for the same.
Health of aquatic organisms: A more detailed ecotoxicological study has to be conducted to determine the health risk to aquatic organism Flyash deposits in the river bottom indicates a very hostile environment which has led to loss of benthic life forms .like shrimp and crabs and other phytoplankton. Literature indicates that fish species show severe toxicity to heavy metals at concentrations in the range of 1ppb. They also respond differently with high toxicity response to copper compared to other heavy metals. There can be biomagnification in the food chain from benthic organisms to fish to humans which has to be studied . Human health risk can increase several fold if fish intake is included. Remediation of the Site: Flyash deposits found on the river bottom, banks, flood plains from a depth of 2 ft to 8 ft have to be removed . Sediments below the flyash are loaded with higher concentrations of metals due to long term accumulation and adsorption . This may lead to long term leaching of heavy metals from sediments even after the flyash is removed. A more detailed depth wise assessment of sediments is recommended which will enable to what depth sediment has to be removed or remediated. Sediments can be stabilized to prevent metal leaching and can be used in filling hollow concrete embankments, coastal structures for preventing erosion, construction industry after proper testing.‖ Page 128 of 172
103. In the report submitted by Dr. D. Narasimhan, Associate Professor of Botany (Retd.) Madras Christian College (Autonomous) on the effect of fly ash on flora and suggested remediation, after conducting a detailed study, following remediation and summary was made:-
―Remediation The most important activity that is needed to bring back the ecology to its near original condition is to establish the traditional water channels that could be reconstructed using native knowledge of the community. Restoration of salt pans is an important step to revive the original character as salt marshes. This is important to restore both the salt marshes and Mangroves. A list species has been suggested for restoration and the same has been shared with Dr. Jayshree Vencatesan to facilitate the planting design which is done by her. Creating a near original vegetation could help the habitat to rejuvenate and restore the traditional and fresh livelihood options especially for thefishermen community.
Summary This study indicates that the natural vegetation is acutely affected by the fly ash dumping at Ennore. Field investigation and perusal of early botanical literature shows that the characteristic and indicator species have vanished from the region and several invasive weeds and non-habitat species have increased. Mangrove area has undergone a drastic reduction and only a few remnant patches occur at present. Salt marsh vegetation which play a critical role in nutrient cycle and in regulation of salinity is also severely affected. Sand dunes that supported the Tropical Dry Evergreen Forest vegetation have completely eroded except in Kamarajar Port. Salt pans, which were originally halophytic wetlands, need to be restored, not for salt, but for bringing the water into the affected area to rejuvenate the ecosystem and to restore the habitats for native plants to establish. A list of plants are suggested for planting in different habitats of the area.‖
104. In the report submitted by Dr. Deepak Samuel. V, Scientist E - Marine Biologist, Conservation of Coastal and Marine Resources Division, National Centre for Sustainable Coastal Management, MoEF&CC, Anna University, Chennai, on impact of fly ash on aquatic fauna, recommendations and suggested remediation target(s), after making elaborate detailed study, he has given the following recommendations and suggested remediation targets:-
―Recommendations Economic evaluation of the Ennore creek in terms of the goods and services provided Short-term and long-term monitoring of bio-accumulation of heavy and trace metals is various estuarine trophic levels Molluscs, especially bivalves such as Magallana bilineata, Perna viridis, Merertrix spp. to be chosen as bio-indicator species for estuarine environment and Astruca annulipes for intertidal area.
Mapping of degraded mangrove areas as potential sites for future plantation Dumping of dredged material on the banks of creek or Buckhingham canal to be avoided as they destroy fiddler crab habitats Enumeration of fishers dependent on the backwaters for livelihood - Assessment of livelihood impact covering fishermen (also the SC/ST fishers), including women, who depend on the creek and backwater Estimation of compensation to be paid to the fishers for loss of livelihood. Regulated/ Monitored exploitation of polychaete worms in the creek as it has now become a livelihood to the Irula community.Page 129 of 172
Suggested remediation targets Restoration of oyster beds/ reefs (edible oyster Magallana bilineata) in the Ennore creek.
Restoration of mangrove and halophytic vegetation on the banks of creek and Buckingham canal.‖
105. Dr. Jayshree Vencatesan, Managing Trustee, Care Earth Trust in their report on impact of fly ash and ecology, and recommendations ecological characterisation and restoration strategy for Ennore Landscape, after conducting detailed study and evaluation, gave the key principle for habitat restoration as follows:-
―Key principles of Habitat Restoration
1. Develop long-term shared visions and from these, quantifiable objectives and constraints. Identify the best management options to achieve a particular goal and minimize the risk of unacceptable failure.
2. Principles are contingent and have to be considered within management goals, type of landscape', and spatial and temporal scale. What applies in one landscape or type of system may not be immediately transferable to another without careful initial assessment of the similarities and differences between the two situations.
3. Habitat patches can only be assessed and managed within the context of the whole landscape to deal with emergent landscape properties such as flows of biota, water and nutrients, and interactions among mosaic elements. It should be acknowledged that landscapes and its components are dynamic.
4. Conservation outcomes are dependent as much on socioeconomic and political issues as on scientific understanding. Restoration plan should be flexible.
5. Time lags between events and consequences are almost inevitable. This applies to both the adverse effects of human activities and attempts to restore damaged systems.
6. Maintain the ability of a system/landscape to recover from disturbance and adapt to changing circumstances. This includes maintaining processes and flows and the ability of the system to cope with extreme events such as droughts.
7. Manage in an experimental framework to continuously improve the understanding of the system being managed. This involves some careful considerations of design and monitoring to ensure that the results are maximized.
8. The amount of native vegetation cover remaining in an area is often the key factor in determining persistence of the biota. A key principle will be to avoid low levels of native vegetation cover. Many factors will assume increasing importance when levels of native vegetation cover are low. Threshold effects, regimes shifts, etc. are more likely to occur under these conditions.
9. Patches vary in their size, shape and relative habitat value, depending on the amount and quality of the habitat elements that they contain for particular species. Some patches may be disproportionately important because of their provision of key scarce resources such as water or nutrients.
10. Any landscape conservation strategy should start by identifying and protecting the most important patches in the landscape in terms of their habitat value and current condition.
11. Identify disproportionately important species, processes and landscape elements. As complexity is constant it is necessary to focus on key drivers/threats/species/habitat features.
12. Integrate aquatic and terrestrial.‖
106. They also submitted the checklist for the possible contents of restoration plan as follows:-
―Checklist for the possible contents of a Restoration Plan Background to the project, stakeholders involved Restoration goals, targets and milestones Site location and project boundaries Rainfall and other climatic considerations Physical properties of the soil and landforms over the site Physical features (including infrastructure) and their location Land use history and prior disturbance at and adjacent to the site Page 130 of 172 Current location, state and ‗trajectory' of native vegetation (if present) Condition and distribution of other relevant habitat features currently present Proximity to other habitat/remnant vegetation Current and potential future threats that need to be addressed in order to reach the restoration goal (include site threats and project risks) Management unit locations and their management context (maintain, improve, reconstruct or works exclusion zone) Desired habitat goal state (e.g. vegetation composition and structure) Management actions, with an implementation schedule prioritized over time and space (with flexibility for adjustment according to adaptive management as the project progresses) Standard operating procedures and access to the site Indicative resource requirements Monitoring and evaluation goals, indicators and schedule Location of reference sites (if applicable) The process of reporting and review Contacts and references (including previous reports)‖
107. They also suggested the restoration strategy as follows:-
―Restoration Strategy Habitat Assessment Through multiple field visits, the landscape has been delineated into zones based on theextent of fly ash dumping and the presence and condition of degraded vegetations. It is readily evident and also substantiated by geospatial analysis that the landscape is significantly affected that complete restoration seems beyond plausibility. However, through sustained and phased interventions, the area can be dislodged off the ash sediments. Ennore landscape is also affected with other chemicals like crude oil refuse in the nearby Buckingham canal. Based on the aforementioned criteria and the restoration principles detailed in the previous section, the landscape is categorized into
1. Areas beyond remediation (ABR)
2. Areas of high intense remediation (AHI)
3. Areas of light intervention (ALI).
It is to be noted that the water in all the affected areas is polluted directly or with leachate.
Grid method:
Each grid is of an area of 0.25 sq km i.e 25 ha and was produced by dividing the areausing a grid of dimensions 500 metres by 500 metres.
S.No Category Number of grids Area in ha
1 ABR 11 grids 275 ha
2 AHI 5 grids 125 ha
3 ALI 4 grids 100 ha
4 Total 500 ha
It is to be noted that the 500 ha does not include water courses but is only of those patches where flora based restoration can be implemented. The following map provides a grided demarcation of the three categories of restoration strategies and the grids have been designated using alpha-numeric codes. Maps of supportive attributes are also provided in the following section (fig 11-15).
Elevation
Elevation (m) Area in (Hec.) %
0.7 to 1.96 386.93 18.95
1.96 to 3.16 727.38 35.63
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3.16 to 5.86 724.55 35.49
5.86 to 11.92 193.57 9.48
11.92 to 25.54 9.26 0.45
Grand Total 2041.69 100
To understand the topography, elevation data was generated from Google Earth, the package associated with GPS Visualizer online was downloaded as GPX data; that has been converted to GIS supported file format. This format has been interpolated with IDW (Interpolated Distance Weighted) technique as DEM with 1m resolution.
Triangulation method has been used to interpolate the elevation of the mass points in the TIN (Triangulated irregular method) model. then the TIN model converted to a raster format with a pixel resolution of 5x5 meters. That data was categorised using the geometric interval approach in order to visualize and understand its distribution in and around the focus area The elevation of the study area varies from a minimum of -0.7 to a maximum of 25.54. Slope:
Slope (°) Area (Hec.) %
-0.73 to 1.96 575.59 28.19
1.96 to 3.16 126.35 6.19
3.16 to 5.86 595.33 29.16
5.86 to 11.92 694.26 34.00
11.92 to 25.54 50.16 2.46
Grand Total 2041.69 100
Slope map has been generated from elevation data. Slope is expressed in units of degrees. It shows overall terrain as mostly flat with minimum undulations with the slope varying between a minimum of -0.73 degree to a maximum of 25.54 degree and a mean value of 0.40 degree.
The slope level of the seashore area is essentially flat, with a modest inclination of 0.73 to25.54. Grid G7 has a higher amount of slope, however it only covers 2.4 percent of the land due to the existence of industry infrastructure. According to the slope study, 70 to 80percent of the area is flat. Flowing water performs both erosion and deposition.
Drainage:
The region is drained by two seasonal rivers, the Araniar River to the north and the Kosasthalaiyar River to the south. Both rivers do not flow directly to the sea, but instead meet in brackish water areas, mangroves on the creek's outskirts, and the Buckingham Canal. The Kosasthalaiyar River flows into the Ennore backwaters before reaching the sea through a stream. Littoral currents travelling in a northerly direction for 9 months from February to October move sediments and deposit them a few kilometres offshore, formingstrand plains in areas of emergence.
Habitat Map:
Habitat types Area (Hec.) %
Construction 114.78 16.33
Invasive 2.2419 0.32
Mangrove 75.228251 10.70
Marsh type wetland 59.71894 8.50
Mixed Invasive veg / Scrub 10.350823 1.47
Mixed veg / Scrub 21.46524 3.05
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Open space 13.1763 1.87
River 207.316 29.49
Shallow water 108.04231 15.37
water 90.609516 12.89
Grand Total 702.92928 100
The latest Google Earth satellite image is used to map habitat categories. The digitization approach traced all of the vegetation and other important types of land area. The sample habitat information gathered from the GPS sites was used to categorise all of the habitat present in the study area.
ii. Areas beyond remediation The area heavily polluted by fly ash and boiler sludge that reached depths up to 4 metresis considered for this zonation. This area requires immense man power and machinery to desilt the sludge apart from plugging the pollutant source. Weak, rusted and leaking ironconduit lines pass through this area polluting en route. The pollution here is wet when thesludge spills, but when dry, the fine particles of fly ash get dispersed into the air causingnumerous health hazards. The pollution is so intense that even the drought enduring plants and invasives have forsaken the habitat. Only after removing large quantum of flyash, boiler sludge, coal or soil soaked with viscous oil, bioremediation activities could betaken up. To monitor the process and succeed in restoration principle, arresting the pollution source and ensuring no more spillage or dumping of fly ash is important. The study found almost no species or bioindicators thriving in this polluted area. The areas near conveyor belt and near ash pond comes under this category.
iii. Areas of high intense remediation This area demarcated in the map is also heavily polluted, which needs careful planning and excavation of the dumped fly ash. Immediate and intensive plantation activity needsto be taken up with suitable species to rehabilitate this part of the landscape. If this area is not restored and arrested of further pollution, the dense mangrove patches nearby willbe destroyed forever. Already the mangrove in this patch is quite degraded with loss of habitat to ash pollution. The habitat is encroached up on by invasive species like Lead tree and Mesquite. Legacy ash is deposited here, i.e., and the area continues to be furtherpolluted. Considerable time and energy are required for restoring the area. Eradication ofinvasive alien species should be taken up alongside the de-siltation process.
5. Areas of light intervention The habitat is laden with layers of ash, but there are few indigenous plants and saplings that can be seen sporadically. The landscape quality is assessed by the occurrence of habitat-specific organisms or indicator species. The affected area requires slight desiltation of deposited fly ash and removal of invasive plants. Restoration activities couldbe taken up in parallel while the ash deposits are being removed. The native vegetation stands should be conserved as such; leaving the saplings undisturbed for growth.
Naturalregeneration of Avicennia mangrove should be allowed to proliferate, as there are manysaplings sprouting; although the mortality rate is high in younger ones of this species. Avoidance of heavy machinery during restoration need to be adhered to. Suitable plant species need to be planted to conserve the soil. This region boasts good population of Fiddler crabs and Horn snails.
6. Plantation for restoration Indigenous plants that can survive the harsh local-coastal weather conditions should be used for restoring the landscape. The specifications and plantation protocols would be defined in the Detailed Project Report. A grid based choice of species is provided usingthe list of suitable species provided by Dr D Narasimhan, Expert Member of the Committee and the field biologists. For instance, there are some habitat specific speciesthat can do well when planted in suitable habitat; like riparian, halophyte, psammophyte,etc. Avicennia mangrove should be raised in dedicated nurseries and planted in all the affected regions, as the plant grows well in the habitat.‖ Page 133 of 172
108. On the basis of the various individual reports, the Joint Expert Committee had noted the following findings and recommendations for the purpose of preparation of the DPR:-
"FINDINGS A summary of key findings from various reports and observations of the JEC members is presented below:
General Findings TANGEDCO's NCTPS Stage I has operated without a valid Consent under Air and Water Acts since 31.03.2015, and without a valid hazardous waste authorisation since April 2020.
TANGEDCO's NCTPS Stage II has operated without a valid Consent under Air and Water Acts since 31.03.2019 due to non-compliance with statutory requirements.
An inspection by CPCB/TNPCB found Online Continuous Emission Monitoring System (OCEMS) to have been tampered so that actual results are not transferred to CPCB and TNPCB.
As against a legal requirement of 100 percent flyash utilisation, TANGEDCO's flyash utilisation was less than 50% in 2020-21.
Besides fly ash contamination of the Ennore wetlands, ash has also been emitted into air.
Despite the tampering of OCEMS, between 01.04.2019 and 07.03.2022 (1071 days), NCTPS Stage 1 is recorded to have emitted particulate matter (including ash) in excess of permissible levels for 481 days.
Between 27.12.2020 and 07.03.2022 (1071 days), NCTPS Stage II is recorded to have emitted particulate matter (including ash) in excess ofpermissible levels for 791 days. Mandatory greenbelt conditions prescribed in Consent have not beencomplied with.
The ash dyke is unlined and has no geomembrane lining, exposing groundwater to contaminants from the structure.
Flyash Details The figures for unaccounted flyash and the quantum of flyash present in river and backwaters are presented below.
◦ The 2019 estimate by NGT expert committee pegs the quantum of unaccounted for coal ash at 13.58 lakh MT, with 7.93 lakh MT in river, 3.95lakh MT in surrounding areas. ◦ TNPCB and CPCB in the current report estimate unaccounted for ash at 65.96 lakh tonnes, of which an unquantified portion is inriver/backwater/surrounding areas. ◦ The JEC member from IIT-Madras estimates ash quantum in river and surrounding areas at 56.7 lakh MT.
◦ A more precise estimate and fly ash balance is to be made available atDPR stage.
Flyash deposits range in depth from 1 ft to 8 ft.
Within the critical domain selected for analysis, fly ash was found to be prevalent to the extent of 3.51 sq. km (1.51 sq. km within the waterbodies). This is only a conservative estimate. The actual extent could be much larger. This does not include areas to the west of the ash pond.
In addition to fugitive emissions directly from the fly ash pipelines, the natural macro drain for storm water run-off connected to the fly ash pond area also seemed to be a major carrier of fly ash into the Ennore backwaters.
Environmental Contamination Surface sediments are heavily contaminated with levels of cadmium, chromium, copper, lead, nickel and zinc well in excess of safe levels as per Canadian sediment quality guideline for protection of aquatic life.
◦ Cadmium level is high all over study area, and extremely high downstream of Buckingham Canal.
◦ Chromium and lead levels are high in surface sediment samples taken downstream of NCTPS Page 134 of 172 ash pipeline.
◦ Deep sediments also show elevated levels of cadmium, copper, lead, zinc, nickel, suggesting that contaminants have leached and penetrated deep into the sediment. ◦ Earlier reports including the 2017 expert committee report include evidence of bioaccumulation of heavy metals in vegetables, fish, prawns, crab and oysters (Annexure 6).
River sediment: Levels of cadmium are high in the entire study area. Cadmium, zinc, lead are high 50 m downstream of pipeline. Lead, copper and zinc found at high levels 500 m upstream of pipeline.
Groundwater heavily contaminated with dissolved salts, aluminium, arsenic, lead, manganese and zinc.
Impacts In the Ennore region, area under wetland, including salt pans, mangroves and other waterbodies, has shrunk from 855.69 ha in 1996 to 277.92 ha in 2022. Meanwhile, during the same period, built-up land increased from 0 ha to 259.87 ha and area covered by fly ash increased from 0 ha to 260.28 ha.
Natural drainage patterns have been considerably altered due to fly ash pond construction and ash contamination. This will have an impact on local hydrology and flooding. Tidal flow near the severely ash-impacted areas has been compromised.
The flyash deposits in the river bed present a hostile environment which has led to loss of benthic (river-bed) lifeforms like shrimps and crabs.
Estuarine vegetation, including seagrass and mangroves in Kosasthalai's backwaters, and the thick vegetation along Buckingham Canal has been lost due to dumping of ash and dredged material.
Oyster reef area, including oysters such as protected Windowpane oysters (a protected species listed in Schedule IV of Wildlife Protection Act), has drastically declined due to contamination.
According to local fishers, several fish species have either disappeared or diminished. These include: White prawn, black prawn, sand prawn, tiger prawn, green crab (Scylla serrata), Flotosus canius, Mugil cephalus, Silver Biddy (Gerres sp.), sand whiting (Sillago sihama), Terrapon jarbua, sea bass (Lates calcarifer), and other fishes locally called Kalavan, Udupathi, Panna, Oodan.
Despite its degraded state, the existing mangrove cover in Ennore provides ecological services worth Rs. 12.36 crores every year in terms carbon sequestration, disaster mitigation and fisheries.
Adults face a high cancer and non-cancer risk due to cadmium and leadexposure.
Cancer and non-cancer risk due to cadmium, lead and copper is much higher for children than for adults. The risk calculation is without factoring in exposure due to consumption of contaminated food, including fish, prawns and crab.
Damage to the river and reduction in fish catch has drastically affected fisher livelihoods, including of women fishers from SC/ST community who hand-pick shrimp and crab from the river bed.
The impacts of pollution on livelihoods and health has eroded the economic status of affected people due to lost income, lost work days and increased health care expenditure (Public consultation).
RECOMMENDATIONS A DPR must be prepared in line with ToR suggested separately below:
TNPCB may depute a full-time dynamic officer stationed in Ennore for day-to- day monitoring and enforcement of compliance by TANGEDCO, and for overseeing the process leading up to and during the course of remediation and restoration. Costs may be recovered from penalty amount levied from TANGEDCO.
Considering the nationwide relevance of the proposed remediation/restoration at a landscape Page 135 of 172 level, the project must be viewed as a one of exemplary importance and carried out under the supervision of this Hon'ble Tribunal.
The entire unencroached extent of Ennore wetlands, including salt pans which were originally salt marshes, may be notified as a wetland under the state government's wetlands mission, and a plan developed for its wise-use.
TANGEDCO must be allowed to function only with valid licenses, including Consent to Operate and Hazardous Waste Authorisation.
The ash dyke should be properly lined with geomembrane; the ash pond should not be used until it is properly lined and the groundwater is protected.
The damaged pipelines should not be used until they are replaced with new ones.
TNPCB/CPCB may submit quarterly reports on TANGEDCO's compliance with Air Act, Water Act and Flyash Notification.
◦ TNPCB may issue appropriate conditions as part of consents to operate under Air and Water Act to enforce 100% compliance with emission norms and obligations under Flyash Notification, 2022.
◦ TANGEDCO must ensure 100% utilisation of flyash within one year. Considering the state-wide nature of the flyash problem, the state government may consider appointing a state-level mission with Secretary (Environment & Forests) and CMD, TANGEDCO, for flyash utilisation, remediation of ash- contaminated sites and removal and utilisation of ash from ―legacy sites.‖ A Local Area Environment Committee comprising local stakeholders, including fisherfolk, representatives of industrial and salt workers and women may be formed with officers from TNPCB, fisheries department and revenue department to regularly monitor the wetlands, and to oversee the remediation/restoration efforts as and when such an exercise unfolds. Residents of Seppakkam may be relocated to a safe site and provided with all amenities in a time-bound manner within 12 months. In the interim, they should be provided with clean water and accessible health care.
Immediate arrangements may be made both within CMWSSB's limits and in Thiruvallur district for provision of clean water to all residents in the area.
The historical impact of pollution and contamination of the Ennore wetlands on livelihoods of local people should be assessed, and people should be compensated for past damage, including due to occupational exposure.
Health impact assessment and assessment of the adequacy of health infrastructure should be carried out, and immediate measures taken to provide health care to local residents and occupationally affected persons.‖
109. They also made recommendations for Terms of Reference for preparation of DPR as follows:-
―RECOMMENDATIONS FOR ToRs for DPR Appointment of DPR Consultant An independent project management consultant with experience in environmental assessment and eco-restoration should be engaged to prepare the pre-remediation assessment and Detailed Project Report and EIA for remediation. ◦ The DPR and EIA may be subject to a public consultation and finalised.
Objectives of DPR To develop a Comprehensive DPR for complete removal of ash, remediation and eco- restoration for lands and wetlands, including main channel of Kosasthalai River, its backwaters, riparian wetlands such as salt marshes, salt pans, mangroves and tidal mudflats that are affected by coal ash from TANGEDCO's NCTPS Stage I and Stage II. To ensure effective abatement of and protection from pollution of Ennore wetlands from existing and in-the-pipeline thermal power plants. To restore the ecological and hydraulic integrity of the wetlands, including Kosasthalai River, its backwaters, riparian wetlands such as salt marshes, salt pans, mangroves and Page 136 of 172 tidal mudflats, and other damaged environs.
To assess damage to environment, livelihood and health of exposed populations, and estimate compensation.
Scope of Study
1. Area of Study: Develop study area based on historical maps, and Government of India-
approved Coastal Zone Management Plan maps from 1996, and areas considered by the Joint Expert Committee (Ref. Balaji Narasimhan's study), and other potentially impacted areas including:
• area along the ash pipeline alignment from western edge of JEC study area to the northern end of ash dyke area to the west of the ash dyke affected by ash and salt water leached out of dyke.
• Area between coal yard and the eastern bund of the dyke • Any other areas affected by ash or slurry or dyke leachings. • All areas wetlands, including floodplains, river channel, salt pan, salt marshes and mangroves within larger study area.
2. For the purposes of assessing impact on health, study area shall be defined as areas falling within 5 km of boundaries of above-defined study area.
TERMS OF REFERENCE
1. Assess the state of the Ash Dyke ◦ Structural integrity ◦ Storage capacity, including original capacity and any subsequent enhancement; current storage levels ◦ Environmental integrity - impact on groundwater, surface water, ambientair ◦ Environmental integrity - impact on surface hydrology and flooding ◦ Measures to be taken to prevent continued impact on groundwater, surface water, ambient air ◦ Disaster risk assessment and management: Ash dyke breach
2. Coal Ash Generation and Disposal; Measures to Prevent Ash Pollution, Ensure Compliance ◦ Current state of record-keeping of coal ash mass balance, daily coal ash generation and disposal, including storage in ash dyke ◦ Measures to improve record-keeping of coal ash generation, disposal andmass balance ◦ Quantity of Coal ash generated, disposed, quantity stored in dykes and unaccounted for by all units in NCTPS from beginning of production. ◦ Quantity of unaccounted-for fly ash leaked/discharged/present in(into) wetlands and nearby areas in study area.
◦ Quantity of unaccounted-for fly ash discharged to air through stack and fugitive emissions (extrapolated estimate based on measurements andTNPCB emission data) ◦ Report on compliance of Stage I and Stage II with Fly Ash Notification, 1999 as amended ◦ Proposal to ensure compliance with Fly Ash Notification, 2022, including time-bound proposal for utilisation of legacy ash stored in Ash Dyke
3. Detailed baselines to be drawn up for:
◦ Assessment of depth and spread of fly ash distribution in area of study (See Scope of Study above), including a detailed depth wise assessment of sediment quality to assess the depth of sediment that has to be removed and remediated; and the disposal options for dredged sediment.
Leachability test for metals may be performed on sediment samples Surface water, groundwater and sediment quality assessment for heavy metals and other physico-chemical characteristics ◦ Historical data and current baseline of flora in study area, with an emphasis on aquatic, salt marsh and estuarine flora ◦ Historical data and current baseline of fauna in study area, with an emphasis on aquatic, salt marsh and estuarine fauna ◦ Bioaccumulation of metals at various trophic levels of flora and fauna in aquatic food chain ◦ Economic evaluation of Ennore wetlands in terms of goods and services, including ecological services, provided Page 137 of 172 ◦ Air quality in study area with an emphasis on identification of contribution to Particulate Matter pollution load by NCTPS and other thermal power plants in area ◦ Health of residents and occupationally exposed persons in the study area ◦ Health Infrastructure Assessment: Carry out an assessment of adequacy of available health infrastructure, including in public and private sectors, to cater to general health needs and needs specific to pollution impacted communities. Recommend measures to improve health infrastructure.
◦ Enumeration of fishers, including SC/ST women fishers, and persons engaged in other impacted occupations dependent on Ennore wetlands/backwaters for livelihood ◦ Availability and quality of drinking water ◦ Regulatory infrastructure, mechanisms and challenges for enforcement of environmental laws.
◦ State of ash dyke and impact of ash dyke on air, water.
◦ Land-use, land cover
◦ Comparison of baselines with historically available data regarding land- use, land cover
including from traditional and community knowledge
4. Impact and Damage Assessment Studies Detailed Impact and Damage Assessment as a result of current state of pollution on Environment - flora, fauna and environmental medium Eco-toxicological study to determine risk to aquatic organisms; Detailed assessment of impact on drainage including identification of areas made vulnerable due to compromised drainage Health Impact Assessment: Carry out an assessment of health impacts of pollution due to NCTPS/TANGEDCO among local communities including women, children, power plant worker and fishers that are exposed coal toxins through inhalation, ingestion and dermal contact.
◦ Carry out health risk assessment (cancer and non-cancer risk) for different sub-
populations including children, fishers that are in contact with contaminated sediment and water, and others exposed through multiple routes Livelihood impacts on vulnerable population, including factory workers, fishers (including SC/ST and women fishers), farmers Assessment of compensation and liability
110. They also suggested the remediation and restoration as follows:-
"Remediation and Restoration Develop risk-based environmental standards and remediation goals for air,water, land. ◦ Remediation target levels to be holistic and based on biological, hydrological and livelihood criteria.
◦ Restoration criteria to consider the multiple habitats in the study area, the measures to be taken to bring back target species, habitat resilience, ecological functionality. ◦ Explore, in consultation with local fishers, and recommend on the option of restoring oyster beds/reefs (edible oyster Magallena bilineata) as a suggested remediation target for Ennore wetlands Develop remediation and restoration plans, with costs and recommendations, for groundwater, surface water, sediment and flora/fauna/health and livelihood ◦ Present plan for restoring native vegetation, including mangroves, invarious habitats ◦ Present a plan for flood mitigation in upstream areas, and improving drainage (of rain floods, storm surges, and daily tidal flows), including by reviving channels that have been lost due to contamination or encroachment ◦ Present plan for habitat-specific restoration including of backwater channel, Buckingham Canal, salt marshes, salt pans etc. ◦ Prepare a detailed waste handling, management and disposal plan Present a detailed cost breakdown covering pre-remediation, remediation and long-term post-remediation works.
Steps to be taken to prevent pollution from ash ponds, including lining of ash dyke;
decommissioning options in line with Flyash Notification, 2022 Present a plant to strengthen technical and regulatory measures to prevent future contamination due to ash handling from TANGEDCO's thermal plants in Ennore region.Page 138 of 172
5. Post-Remediation Detailed plan for post-remediation monitoring with community involvement ◦ Identify bioindicator species, and develop protocol for short and long-term monitoring of bioaccumulation of heavy and trace metals in various trophic levels Proposal for documentation of pre-remediation, remediation and post- remediation interventions to serve as a guide or manual for other similar initiatives‖
111. The Tamil Nadu Pollution Control filed an independent report signed by the officer on 15.04.2022, e-filed on 16.04.2022 with annexure as follows:-
1. Preamble M/s North Chennai Thermal Power Station Stage-I is a coal based power plant located at SF.No.44, 45 etc., Puzhudivakkam Village, Ponneri Taluk, Thiruvallur District (13°15'09.3"N 80°19'36.8"E) with total installed capacity of 630 MW in a total area of 220 hectares.
M/s North Chennai Thermal Power Station was established in a phased manner and stages of expansion is briefed below:
Stage Unit Installed capacity Date of Status
Number commissioning
Stage-I Unit-I 210 MW 630 MW 25.10.1994 Operational
Unit-II 210 MW 27.03.1995
Unit-III 210 MW 24.02.1996
Stage-II Unit-I 600 MW 1200 MW 20.03.2014 Operational
Unit-II 600 MW 08.05.2014
The cooling water for the Thermal Power Plant is being drawn from the sea and condenser outlet (once through cooling water) is discharged in to the Ennore Creek. Both Indigenous and imported coal is being blended and utilized.
The fly ash (60%) collected in the ESP is evacuated and disposed to the Silos (3 Nos x 1000 T capacity) located outside the plant boundary through Pressurized Dense-Phase Fly Ash Conveying System (PDFACS) and from the Silos the fly ash is utilised for further beneficial use through closed trucks. The heavier particles called the Bottom Ash(40%) which comprises traces of combustibles embedded in forming clinkers is collected at the Bottom of the furnace quenched, cooled to manageable temperature and disposed in the form of slurry to Ash Pond located at about 5.2 kms from the Power Plant.
The Ash Slurry Disposal System envisages identical streams (3series) of Ash Slurry Pumps of 930 M3/Hr capacity connected to 5 Nos , disposal pipe lines (M.S Cast Basalt lined pipes). Out of the five Nos of Slurry Disposal Lines, 3 Nos are in continuous service during 100 % plant availability and 2 Lines will be kept as stand by for maintenance reserve. The Decanted water is collected in the concrete lined Recovery water sump of capacity 4500 M3 and Basin capacity of 650 M3 and pumped back to the power plant for reuse in Ash Handling System through 4 Nos Recovery water Pumps( 2 Nos service and 2 Nos Stand by) and 3 Nos Recovery water lines . The Ash Slurry Disposal Lines are running to a stretch of about 5.2 kms from the Power Plant up to Ash Dyke.
The ash pond is sprawling at an area of about 115 Hectares. The total height of the earthen bund of the ash pond is 7 metre of which 3 metre free board is available now. The total quantity of ash deposited was 65 Lakh cu.m, out of which 22 Lakh cu.m has been already removed and disposed. Hence 43 Lakhcu.m of ash is present in the ash dyke.
The pipelines of Stage-I were commissioned during 1994-95 and hence more than 25 years old. They have become rustic, corroded and brittle with numerous cracks. There are total 8 Nos. of series of pipelines of which 5 Nos. carry ash slurry and 3 Nos. being used for recycling the filtered water. The pipelines of both NCTPS stage I & II starts near the Stage-2 Entrance Gate outside, cross the adjoining Buckingham Canal, and Kosasthalaiyar river Backwaters by supporting bridges to reach ash dyke. Pipelines laid for NCTPS stage-II are in good condition.
Out of 5 Nos. of ash slurry pipelines, Line 1 & 5 were replaced with old used Cast Basalt-lined pipelines (having an outer diameter of 406 mm and Inner diameter of 356mm) brought from Ennore Thermal Power Station (ETPS) during August 2020. Replacement of Line 2 is in progress with new Cast Basalt pipes, Line 3 is replaced with new pipeline, but for Line 4, Page 139 of 172 the unit is yet to procure new pipes. Currently, the unit is having only one new pipeline, when ash slurry is transferred through the old pipelines, it is leaking into Buckingham Canal, Kosathalaiyar River back water and land near Seppakkam hamlet.
Whenever leaks are detected, the unit is taking actions to stop leakage. TANGEDCO is operating a patrol team round the clock to check for pipeline leakages. Soon after leakages are noticed, pumps are stopped immediately, the left over ash slurry in the pipeline is flushed outside, fresh water is transported through pipelines, leaks are repaired and pipes are put back into operation. Though unit is taking measures to monitor & repair the leakages but the ash slurry that has leaked into the environment is not cleaned. Due to incidences of repeated leaks from the pipelines, the area surrounding the pipelines such as Buckingham Canal, Kosathalaiyar River and land near Seppakkam hamlet are deposited with ash.
During the year 2016 in O.A.No.08/2016 & O.A.No.152/2016 & O.A.No.198/2016, R.Ravimaran Vs Union of India and Meenava Thanthai Vs The Chief Secretary, Govt. of Tamil Nadu & Ors and Meenava Thanthai Vs The State of Tamil Nadu & Ors, the applicant has brought to the notice of the Hon'ble National Green Tribunal (SZ) that M/s. North Chennai Thermal Power Station, Stage-I (NCTPS), Puzhuthivakkam Village, Ponneri Taluk, Thiruvallur District is dumping ash slurry into Buckingham canal and back waters for several years due to which the entire area is polluted. According to the applicant, the ash generated by Thermal Power Plant (fly ash and bottom ash) are serious pollutants apart from containing metals like Nickel, Cadmium, Antimony, Arsenic, Chromium, Lead, Mercury etc. Considering the application, the Hon'ble NGT constituted an expert committee to study the area. The report submitted by the expert committee during December, 2017 identified deficiencies in handling the fly ash by M/s NCTPS, hence Hon'ble NGT directed M/S NCTPS to take steps to remediate the area as per the findings in the report.
Further, the applicant again brought to the notice of Hon'ble NGT that M/s NCTPS has not taken any measures to remediate the area. Under these circumstances, Hon'ble NGT constituted an another committee vide its order dated 20.05.2019 comprising of Central Pollution Control Board, IIT Madras, Chennai and Tamil Nadu Pollution Control Board to get the present status, the manner in which the fly ash is being disposed by the TANGEDCO and assessment of the damage caused to the environment in that area & its surrounding area and remedial measures to be taken for restoring the damage caused to the environment.
The Joint committee has submitted the action taken reports as and when directed by the Hon'ble National Green Tribunal (SZ) in its various orders.
2. Orders of the Hon'ble Tribunal It is respectfully submitted that the Hon'ble National Green Tribunal (SZ) in its order dated 30.11.2021 in O.A.No.08/2016, O.A.No.152/2016 & O.A.No.198/ 2016 noted and directed the following vide para ―4. It is seen from the undertaking that they have undertaken to replace the damaged pipes with new pipes, instead of replacing the same with the old pipes available from their decommissioned unit, as mentioned by them in the earlier report.
5. So, we make it clear that all the pipes which are damaged have to be replaced by new pipes within the time line mentioned by them in the present undertaking, at the most by June- 2022 and they will have to file a periodical compliance report before this Tribunal regarding the same.
6. While the work of replacing the damaged pipelines, the TANGEDCO is directed to use only the fully completed replaced pipeline alone (ASDL3) for carrying the fly ash slurry to the ash pond till the other pipeline work is completed.
7. In the meantime, if they have replaced any of the lines by new pipeline, then the TANGEDCO is at liberty to approach this Tribunal for modification of this order to use that pipeline as well for that purpose.
11. The Joint Expert Committee is directed to look into the issues namely, a. whether any damage has been caused to the soil, water and associated flora and fauna on account of deposit of fly ash in the Kosasthalaiyar River Basin in Ennore Back water complex, b. If there is any damage caused to the soil, what is the nature of remediation to be undertaken by the TANGEDCO to restore the damage caused to the environment, c. Assess environmental compensation payable for such damage caused and its impact on the marine biology, d. Suggest the possibility of providing green belt of such nature which can be possible to protect the riverine ecology in that area, so as to avoid further encroachment and further deterioration being caused on account of such unauthorized activities.
12. Mrs. Santha Sheela Nair, I.A.S (Retd.) will be the Chairperson and the Director, Department of Environment, State of Tamil Nadu will be the Member Secretary for the Joint Expert Committee and the Director, Department of Environment is directed to co-ordinate and provide necessary logistics for inspection and submission of the report. After finalizing the remediation methods, the Director, Department of Environment is directed to prepare the Detailed Project Report (DPR) for carrying out the remediation process with time lines.
14. The Joint Expert Committee is directed to prepare the report including the preparation of Detailed Project Report (DPR) for remediation process within a period of 4 (Four) months and submit the same before this Tribunal on or before 18.04.2022‖. The copy of the order is enclosed as Annexure-I. Page 140 of 172
3. Status of consent orders issued by TNPCB.
M/s North Chennai Thermal Power Station I TNPCB has issued first consent for operation under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 as amended and under section 21 of the Air (Prevention & Control of Pollution) Act, 1981 as amended to M/s.NCTPS Stage-I vide Board's Proc. Dated: 07.12.1993 for the following.
Electricity 400 Million Units/Month
Sewage 1200 KLD On industry Own Land
Trade Effluent I (DM Plant 55,800 KLD To be recycled.
waste, Boiler Blow Down &Ash pond
slurry)
Trade Effluent II (Cooling 2,37,6000 KLD Into Sea
Water)
Boiler (690TPH) - 3 Nos. Individual ESP, with individual flue with a
common stack of 275m height.
DG Sets (500 KVA) - 3 Nos. Individual stacks of 15m height each
Latest consent was renewed vide Board's Proc. dated 25.06.2014 with validity up to 31.03.2015 and not renewed further due to non compliance of consent order conditions. Compliance of conditions imposed in the latest consent orders issued vide Board's Proc. dated.25.06.2014 to the unit of M/s. North Chennai Thermal Power Station Stage-I under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 as amended and under section 21 of the Air (Prevention & Control of Pollution)Act, 1981 is submitted below.
Sl. Conditions Compliance status
No
Under Air Act:
1. The unit shall maintain the coal handling Complied.
conveyer system and junction towers and The unit has maintained the coal handling conveyer
ensure that no coal dust shall be accumulated system and junction towers and ensures that no
in the adjacent area of coal handling conveyor coal dust is accumulated in the adjacent area of coal and junction towers. handling conveyor and junction towers.
2. The unit shall operate and maintain water Complied.
sprinkling and cyclone separators provided at The unit has operated and maintained water
junction towers to control the dust sprinkling and cyclone separators provided at
emission. junction towers
to control the dust emission.
3. The unit shall ensure the APC measures Complied.
provided in the coal crushing area shall be The unit has ensured the APC measures provided in
under working condition so as to control the the coal crushing area is under working condition
dust emission. so as to control the dust
emission.
4. The unit shall install On line Stack Partially Complied.
monitoring system for SO2, NOx and PM The unit has installed Online Continuous
and to connect the same to Care Air Centre, Emission Monitoring System (OCEMS) for unit I,
TNPCB, Chennai within three months. II & III of three stacks to monitor the parameters
PM, SOx, NOx and the same is connected with
CAC, TNPCB, Guindy and CPCB server.
5. The Unit shall provide continuous ambient air Not Complied.
quality monitoring station and the same shall The existing Continuous Ambient Air Quality
beconnected to Care Air Centre Station (2Nos) provided were not in operable
TNPCB, Chennai within three. condition and it was
reported that the TANGEDCO has
Page 141 of 172
planned to install new 4 stations covering the units Stage-I, Stage-II, Stage-III (Proposed) and Ennore SEZ-
IV (Proposed).
6. The unit shall operate the Air Pollution Not Complied.
Control measures efficiently and continuously The unit has provided the air pollution control to achieve the National Ambient Air Quality measures such as Electrostatic Precipitator for Standards as per MOEF Notification. Boiler, Dust Extraction and Dust Suppression for coal handling area which are being operated and maintained by the unit regularly. However, the unit is not meeting the particulate matter standards of 100 mg/Nm3 in all 3 boiler stacks as prescribed by MoEF&CC Notification dated 07.12.2015 for TPPs installed before 31st December 2003 hence, the unit shall augment the ESPs provided in all 3 boilers and also to provide Flue Gas Desulphorisation (FGDs) to achieve SOx emission standards before 31.12.2022 as per the timelines permitted for TPPs (Category A) by MoEF&CC Notification dated 31.03.2021.
7. The unit shall conduct AAQ/SM survey Complied.
through TNPC Board and furnish the survey The unit is conducting the AAQ/SM survey report to Board through TNPC Board yearly once.
within 3 months.
8. The unit shall develop green belt in and around Not Complied.
the unit premises at the rate of 400 The total area of the unit is 549.10 Acres and it trees/hectare. was reported that the unit has planted tree sapling to an extent of 130 Acres. The green belt to be developed by the unit is 181 Acres (33% of the total area), hence, the unit shall further develop green belt of remaining 51 Acres.
1. The unit shall complete and commission the Complied.
common sewage treatment plant for Stage-I STP provided at Stage-I is under & operation.
Stage-II within a month time.
2. The unit shall ensure that no water shall be Partially Complied.
discharged from the Ash pond or through the Ash pond recovery water is being utilized for canal linking the pump house and ash pond to bottom ash slurry preparation. However, the unit Ennore creek either directly or indirectly under has to improve the complete recovery water any circumstances. collection and reuse for ash slurry preparation.
3. The unit shall reconstruct/revamp the existing Not Complied.
spillway structure to ensure uniform Tender has been awarded by Stage II for widening distribution of water from the cooling water of Hot water channel. Proposal to reconstruct the canal in to Ennore creek to preserve the existing spillway structure to ensure uniform marine eco system within 6 monthstime. distribution of water has been evolved by stage II which is under progress.
4. The unit shall reconstruct/revamp the pipe line Partially Complied.
carrying the ash slurry to the ash pond and to The TANDGECO has replaced old pipes with new ensure that no ash slurry shall be pipes for line no 3 fully, whereas it has to complete discharged in to creek area under any the replacement of old pipes (1, 2, 4 & 5) with new circumstance. pipes on or before 30.06.2022 as committed and accepted by the Hon'ble NGT in O.A. No. 08 of 2016.
Page 142 of 1725. The unit shall take immediate action for the Not Complied.
removal of fly ash accumulated over the roads The unit has to remove the fly ash
and accumulated as per the Joint
around the ash dyke area. Committee findings.
6. The unit shall conduct Marine Impact Study Not Complied.
at where the cooling water is being discharged Marine Impact Study not yet
in to creek/sea and furnish the report conducted.
within three months.
7. The unit shall maintain the coal handling Complied.
conveyer system and junction towers and The coal accumulation in the adjacent areas of coal
ensure that no coal dust shall be accumulated handling conveyor and junction towers of ICHS
in the adjacent area of coal handling are being cleared then and there on regular
conveyor and junction towers. basis.
8. The unit shall obtain renewal of authorization Not Complied.
under the Hazardous Waste (MH&T) Rules Authorization for Hazardous waste obtained is
2008. valid up to April' 2020, renewal application is yet to file.
9. The unit shall remit the balance The unit has not remitted the balance water cess immediately. water cess.
10 The unit shall develop green belt in and Not Complied.
around the unit premises at the rate of 400 The total area of the unit is 549.10 Acres and it trees/hectare. was reported that the unit has planted tree sapling to an extent of 130 Acres. The green belt to be developed by the unit is 181 Acres (33% of the total area), hence, the unit shall further develop green belt of remaining 51 Acres.
M/s North Chennai Thermal Power Station - II TNPCB has issued first consent for operation under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 as amended and under section 21 of the Air (Prevention & Control of Pollution) Act, 1981 as amended to M/s.NCTPS Stage-II vide Board's Proc. Dated: 19.03.2013 for the following.
Power Generation 2 X 600 MW
Sewage 48 KLD On industry Own Land
Trade Effluent I (Effluent from Plant 13,824 KLD Partly on land and partly in
Operation ) to sea through Ennore
creek.
Trade Effluent II (Reverse 22176.0 KLD In to sea through Ennore
osmosis plant rejects) creek
Trade Effluent III (Once 4896000.0 In to sea through Ennore
through cooling water) KLD creek
Boiler 2 nos. 2000T/hr each. Individual ESP, with a common stack of 275m
height.
Latest consent was renewed vide Board's Proc. dated 18.12.2018 with validity up to 31.03.2019 and not renewed further due to non compliance of consent order conditions. Compliance of conditions imposed in the latest consent orders issued vide Board's Proc. dated.18.12.2018 to the unit of M/s. North Chennai Thermal Power Station Stage-II under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 as amended and under section 21 of the Air (Prevention & Control of Pollution) Act, 1981 is submitted below.
Sl. Conditions Compliance status No Under Air Act: 1. The unit shall operate and maintain Not Complied. Page 143 of 172 the existing air pollution control The unit has provided the air pollution measures efficiently and control measures such as Electrostatic continuously so as to achieve the Precipitator for Boiler, Dust Extraction standards as prescribed by the and Dust Suppression for coal handling Board. area which are being operated and maintained by the unit regularly. However, the unit is not meeting the particulate matter standards of 50 mg/Nm3 in all two boiler stacks as prescribed by MoEF&CC Notification dated 07.12.2015 for TPPs installed before 31st December 2003 hence, the unit shall augment the ESPs provided in all 2 boilers and also to provide Flue Gas Desulphorisation (FGDs) to achieve SOx emission standards before 31.12.2022 as per the timelines permitted for TPPs (Category A) by MoEF&CC Notification dated 31.03.2021. 2. The unit shall complete the Not complied. commissioning of the Dust The unit authority reported that the Extraction System comprising of OEM of the Project M/s. BHEL had bag Filters, and put the same in to failed to establish the DE system in operation, before 31.12.2018 as complete shape. Hence, a separate reported and operate the same proposal has been evolved by efficiently and continuously.. TANGEDCO to complete the left out part of the system and tendering process is in progress 3. The unit shall complete the Not complied. installation of dust suppression The unit authority reported that the system, and put in to operation OEM of the Project M/s. BHEL had before 31.12.2018 as reported and failed to establish the DE system in operate the same efficiently and complete shape. Hence, a separate continuously. proposal has been evolved by TANGEDCO to complete the left out part of the system and tendering process is in progress 4. The unit shall continue to develop and Partially Complied. maintain adequate green belt within the unit The unit has reported that the total green belt to be premises. developed is 67.65 acres out of 205 Acres and it was
reported so for 51.39 acres of green belt has been developed. As on date, a balance of 16.26 acres of green belt has to be developed.
5. The unit shall furnish action plan for the Not complied.
installation of FGD system . The unit has reported that FGD installation will be completed within 24- 26 months from the date of tender awarded and tendering process is inprogress Page 144 of 172
6. The unit shall ensure that the installation of Not complied.
FGD system shall be completed before the The unit has reported that FGD stipulatedtime as assured by the unit. installation will be completed within 24- 26 months from the date of tender awarded and tendering process is in progress Under Water Act:
1. The unit shall operate and maintain Complied.
the Sewage Treatment Plant efficiently and The unit has reported that the Sewage Treatment continuously so as to achieve the Plant is operated efficiently and continuously so as standards to achieve the prescribed by the Board. standards prescribed by the Board.
2. The unit shall operate and maintain the ETP Complied.
efficiently and continuously so as to bring the Combined treated trade effluent from ETP at Stage quality of the treated effluent to satisfy the II is partly disposed through once through cooling standards prescribed bythe Board. water in to Sea through Ennore creek with an EMFM & remaining quantity of trade effluent is being utilized in Stage-II for gardening without an EMFM.
The unit has installed continuous effluent monitoring sensors for the parameters PH & Temperature at the outlet of ETP which has been connected to "Water Quality Watch"
TNPCB, Guindy & CPCB server.
4. Assessment of air pollution control measures provided by the units of NCTPS Stage-I & NCTPS Stage-II.
The TANGEDCO has installed Electrostatic Precipitators in each boiler to control PM value but are not effective and often received complaints for the emission generated from the boiler stacks. TANGEDCO has also installed Online Continuous Emission Monitoring Sensors (OCEMS) for the parameters SO2, NO2 & PM in each boiler stacks and connected to Care Air Centre (CAC), TNPCB, Chennai and CPCB.
The prevailing stack emission standards as per the MoEF Notification dated 07.12.2015 are as follows:
M/s.North Chennai Thermal Power Station, Stage-I (Thermal power plant established before 31st December 2003) Sl. Thermal power plant Height of stack Standards in mg/Nm3 No capacity PM SO2 NOx 1 Boiler unit-1 210 MW 275m 100 200 300 2 Boiler unit -2 210 MW 275m 100 200 300 3 Boiler unit-3 210 MW 275m 100 200 300 M/s.North Chennai Thermal Power Station, Stage - II (Thermal power plant established after 1st January 2003, up to 31st December 2016 & capacity of 500MW and above) Sl. Thermal power plant Height of stack Standards in mg/Nm3 No capacity PM SO2 NOx 1 Boiler 2 nos. 2000T/hr each 275m 50 200 300 M/s North Chennai Thermal Power Station I The stack emission survey was conducted by the TNPCB in coordination with the CPCB on 02.02.2022 and the results are furnished below which are not complying with standards prescribed by MoEF Notification dated 07.12.2015.
Stack emission results Sampling Location PM mg/m3 SO2 mg/m3 NO2 mg/m3 Thermal Power Plant-Unit-I Not in operation during the survey Page 145 of 172 Thermal Power Plant-Unit-II 182.2 788 472 Thermal Power Plant-Unit-III 157.8 832 537 Stack Emission standards for TPPs 100 600 600 installed before 31st December, 2003 M/s North Chennai Thermal Power Station II The stack emission survey was not conducted by the TNPCB in coordination with the CPCB on 02.02.2022. However, TNPCB has conducted stack emission survey on 20.08.2021 through NABL accreditation laboratory and the results are furnished below which are not complying with standards prescribed by MoEF Notification dated 07.12.2015.
Stack emission results Sampling Location PM mg/m3 SO2 mg/m3 NO2 mg/m3 Boiler - 1- 2000T/hr 866 1330 497 Boiler - 2- 2000T/hr 1254 1123 488 Stack Emission standards for TPPs installed after 50 200 300 1st January 2003, up to 31st December 2016 & capacity of 500MW and above M/s North Chennai Thermal Power Station - I {Exceedance of the pollutant parameters (stack emission)} Further, the Online Continuous Emission Monitoring Sensors (OCEMS) for the parameters SO2, NO2 & PM monitored data for the period from 01.04.2019 to 26.12.2020 along with the number of exceedance for the same period were obtained from Care Air Centre (CAC) of TNPCB. From the data obtained as above, the details of exceedance of the pollutant parameters are ascertained as below.
Sl. Stack Monitored No. of Exceedance for the period from
No Parameter 01.04.2019 to 26.12.2020
PM SO2 NOX
1 NCTPS UNIT1 14265 930 399
2 NCTPS UNIT2 16937 6748 7706
3 NCTPS UNIT3 10112 13079 2757
Hence, Environmental Compensation has been assessed based on the above OCEMS data for the above period for the exceedance for the pollutant parameter PM. From the data, it was ascertained that the number of days of exceedance of the pollutant particulate matter for the period from 01.04.2019 to 26.12.2020 is calculated as 273 days and the EC has been assessed as Rs.1,22,85,000/- and Show cause Notice under Section 5 of the Environment Protection Act, 1986 had also been issued to the unit vide Board's Proc. Dated 25.08.2021 (Copy attached as Annexure-II) as to why Environmental compensation computed as mentioned in the Board's Proc above should not be imposed against the unit as per the guidelines issued by the Hon'ble NGT & CPCB for the violations caused by the unit as mentioned above.
Also, the Online Continuous Emission Monitoring Sensors (OCEMS) for the parameters SO2, NO2 & PM monitored data for the period from 27.12.2020 to 07.03.2022 along with the number of exceedance for that period were also obtained from Care Air Centre of TNPCB.
From the data obtained as above, the details of exceedance of the pollutant parameters are ascertained as below.
Sl. Stack Monitored No. of Exceedance for the period from
No Parameter 27.12.2020 to 07.03.2022
PM SO2 NOX
1 NCTPS UNIT1 6522 15172 478
2 NCTPS UNIT2 4029 4602 -
3 NCTPS UNIT3 3467 3942 9
Hence, Environmental Compensation has been assessed based on the above OCEMS data for the above period for the exceedance for the pollutant parameter PM. From the data, it was ascertained that the number of days of exceedance of the pollutant particulate matter for the period from 27.12.2020 to 07.03.2022 is calculated as 208 days and the EC has been assessed as Rs.1,87,20,000/- and recommended to Board to issue show cause notice under Section 5 of the Environment Protection Act, 1986 as to why Environmental compensation computed above should not be imposed against the unit as per the guidelines issued by the CPCB for the violations caused by the unit as mentioned above.
The parameter PM only has been taken for assessing the Environmental Compensation as the timeline for the installation of FGD & Low NOx burner to achieve SOx & NOx extended till 31.12.2022 as well as vide MoEF&CC Notification dated 31.03.2021 (Copy attached as Annexure-III) Page 146 of 172 mentioned (Paragraph 2 sub-paragraph-iii) that there shall be levied environment compensation on the non-retiring thermal power plant, after the date as specified in column (4) of Table-I, as per the rates specified in the Table-II.
M/s North Chennai Thermal Power Station II {Exceedance of the pollutant parameters (stack emission)} Further, the Online Continuous Emission Monitoring Sensors (OCEMS) for the parameters SO2, NO2 & PM monitored data for the period from 01.04.2019 to 07.03.2022 along with the number of exceedance for the same period were obtained from Care Air Centre (CAC) of TNPCB. From the data obtained as above, the details of exceedance of the pollutant parameters are ascertained as below.
Sl. Stack Monitored No. of Exceedance for the period from 01.04.2019 to
No Parameter 07.03.2022
PM SO2 NOX
1 NCTPS -II (Boiler-I) 19586 -- --
2 NCTPS -II (Boiler-II) 15279 29138 14659
Hence, Environmental Compensation has been assessed based on the above OCEMS data for the above period for the exceedance for the pollutant parameter PM. From the data, it was ascertained that the number of days of exceedance of the pollutant particulate matter for the period from 01.04.2019 to 07.03.2022 is calculated as 791 days and the Environmental Compensation has been assessed as Rs.3,55,95,000/- and recommended for issue of Show cause Notice under Section 5 of the Environment Protection Act, 1986 as to why Environmental compensation computed as mentioned above should not be imposed against the unit as per the guidelines issued by the Hon'ble NGT & CPCB for the violations caused by the unit as mentioned above.
The parameter PM only has been taken for assessing the Environmental Compensation as the timeline for the installation of FGD & Low NOx burner to achieve SOx & NOx extended till 31.12.2022 as well as vide MoEF&CC Notification dated 31.03.2021 (Copy attached as Annexure-III) mentioned (Paragraph 2 sub-paragraph-iii) that there shall be levied environment compensation on the non-retiring thermal power plant, after the date as specified in column (4) of Table-I, as per the rates specified in the Table-II.
5. Action taken by TNPCB Based on the routine inspections carried out by the TNPCB officials, the unit of M/s NCTPS Stage-I has been frequently instructed to completely arrest the leakages from ash pipe lines in to water bodies by replacing with new pipes, remove the ash deposited in water bodies through PWD and maintain the ash ponds properly so as to improve the quality of surrounding environment. The Board has issued latest directions to the unit of M/s.North Chennai Thermal Power Station Stage-I under section 33A of the Water Act and under section 31A of the Air Act vide Board's Proc. dated 12.10.2021 (Copies attached as Annexure-IV). The details of compliance of directions issued by the Board is furnished below.
Sl. Directions issued vide Board Proc. dated Compliance Status No 12.10.2021 I The TANGEDCO shall comply with the findings of the The details of compliance is submittedbelow
committee constituted by the Hon'ble National Green Tribunal order dated 20.05.2019 in O.A.No.8 of 2016, O.A.No.152 of 2016 & O.A.No.198 of 2016, communicated and agreed by the Hon'ble NGT within the time limit, as reported.
Sl. Findings of the committee Report filed by the Details of compliance as
No TANGEDCO before the on 15.04.2022
NGT & included in the
order dated 30.11.2021 and
time schedule earlier given
to NGT.
1. The unit shall remove the fly ash As deposits of about Partially Complied.
deposited on the land in and 2,42,040m3 on the land in The unit committed to comply
around the ash carrying pipeline and around the ash before September 2022.
and ash disposed inside the carrying by pipeline has In addition to the quantity
premises for quantity of 395979 beendesilted. arrived by the committee as on
Tonnes and shall store in 31.03.2019 (395979
temporary storage area and/ or sent Tonnes), the unit has further
directly for beneficialpurposes disposed the ash on the land in
and around the ash carrying
pipeline in view of frequent
bursting
September 2022 of aging pipes.
Page 147 of 172
2. The unit shall completely remove Ash deposits of about 134 Partially Complied.
the ash deposited in Buckingham Lakh Cum in the The unit committed to
canal for a quantity of 93096 m3 Buckingham Canal for a comply before July 2022. In Tonnes and shall store in temporary length of 2.4 Kms NCTPS addition to the quantityarrived storage area and/ or sent directly main Gate to KPL main by the committeeas for beneficialpurposes Gate has been desilted at a on 31.032019 cost of Rs. 66.23 Lakhs (93096m3 Tonnes), the unit has through PWD during the further disposed the ash in period from June to Dec' Buckingham Canal in view of 2020. frequent bursting of aging pipes.
As per the direction of
District Collector
Thiruvallur, Ash
deposits of about 8813 Cum
in the
Buckingham Canal on the
northern and southern sides
of the Ash Slurry Pipelines
of NCTPS-I & II has been
desilted for a length of
about 200 mtrs at an
expenditure of 17.7
Lakhs during the
period from
24.10.2021 to
15.11.2021.
July 2022
3. The unit shall completely Ash deposits of about Partially Complied.
remove the ash deposited in 4.35 Lakh Cum in the The unit committed to
Kosathaliyar river for a Kosasthalaiyar River comply before June 2022.
quantity of 325000 Tonnes for a length of 2.4 kms In addition to the quantity
from NCTPS main gate to from NCTPS main arrived by the committee
KPL main gate for a length of Gate to KPL main as on 31.03.2019 (325000
2.4Kms for a average width Gate has been Tonnes), the unit has
of 130m and depth of 1m desilted at a cost of further disposed the ash in
and shall store in temporary Rs. 28.5 Crore through Kosasthaliyar river in view
storage area and/ or sent PWD during the period of frequent bursting of
directly for beneficial from June to Dec' aging pipes.
purposes. 2020.
June 2022
4. The unit shall completely - Not Complied.
remove the ash deposited in The unit committed to comply
Kosathaliyar river for a before December2022.
In addition to the quantity
quantity of 468000 Tonnes
arrived by the committee as on
form Ennore creek to 31.03.2019 (468000
NCTPS-I main gate for a Tonnes), the unit has further
distance of 1.7Km and from disposed the ash in Kosasthaliyar
KPL Main gate to Kattupalli river in view of frequent
bursting of aging pipes.
downstream for a distance of
1.9 Km for a average width
of 130m and depth 1m and
shall store in temporary
storage area and/ or sent
directly for beneficial
December 2022
purposes.
5. The unit shall replace the ASDL No.1& 5 - (5129 Partially Complied.
existing Ash Slurry pipe lines mtrs each) - The TANDGECO has replaced
No. 1,2,3&4 with new Cast Administrative old pipes with new pipes for line
no 3 fully, whereas it has to
Basalt Lined pipe lines for a approval is under
Page 148 of 172
total length of 20523m process and the complete the replacement of old
length. replacement of entire pipes (1, 2, 4 & 5) with new
length of both pipes on or before 30.06.2022 as
committed and accepted by the
pipelines will be Hon'ble NGT in
completed by June O.A. No. 08 of 2016.
2022. Meanwhile both
the above pipelines
have been replaced by
using the released
pipes from ETPS and
it disposes Ash slurry
reasonably.
ASDL No. 2 - (5511
mtrs ) - 1728 meters of
new cast basalt pipe
lines have already
been replaced with
available 3498 metres
pipes and work is
being carried out on
emergency basis and
will be completed by
December 2021.
ASDL No.3 - (4942
mtrs) - New cast
basalt pipe has been
replaced successfully
from ash dyke to
NCTPS gate and there
are no leaks
developed in this
pipeline.
ASDL No.4 - (4942
mtrs) - Tender for
procurement of 4942m
of new cast basalt
Pipes is under process
and will be completed
by May 2022.
June 2022
6. The unit shall provide The study report from Not Complied.
impervious Toe drain around IITM received on The unit committed to
the Ash dyke for a length of 13.10.2021 and comply before June 2023.
estimate is under
6000m for the collection of
preparation by
seepage water and to be TANGEDCO.
connected to the existing
Recovery Water sump and June 2023
reuse for Ash slurry making
7. The unit shall provide 6000 Nos. of Quotation has been called Not Complied.
trees in and around the ash dykes from Annamalai The unit committed to comply
and grow it University and the District before December2023.
well so as to prevent the dust Forest Officer.
emission from the ash dyke.
December 2023
8. The unit shall make existing ash The study report from Not Complied.
ponds impervious so as to prevent IITM received on The unit committed to comply
the seepages as per the technical 13.10.2021 and before December2023.
consultancy estimate is under
preparation by
Page 149 of 172
of IITM, Chennai TANGEDCO.
December 2023
9. The unit shall obtain The study report from Not Complied.
technical study report from IITM received on The unit committed to comply
IITM Chennai for the 13.10.2021 and before December2023.
remedial measures such as estimate is under
preparation by
strengthening of Ash Dyke TANGEDCO.
and other related works in
Ash dyke and implement the
December 2023
recommendations
10. The unit shall provide Work fully completedon Complied.
sufficient number of 09.12.2019. The TANGEDCO has
piezometric wells/monitoring provided 12 nos. of
piezometric wells/monitoring
wells around the dykes and
wells around the
upstream of the industry to dykes tomonitor
monitor the ground water the ground water
31.12.2019 quality periodically.
quality
11. The unit shall bring back Works are in progress Partially Complied. Works
Recovery water Pump No.3 are in progress andthe
in to service and to replace unit committed to
comply before June 2022.
the existing worn-out
Recover water pipe Line
No.1 for a entire length of
June 2022
2815 m
12. The unit shall modify existing Administrative Not complied.
three Electrostatic Approval accorded for The unit is not meeting the
precipitator attached to the 3 Renovation & particulate matter
standards of 100 mg/Nm3 in all
No. boilers so as to achieve Modernization (R&M)
3 boiler stacks as prescribed by
revised norms of particulate of Electro Static MoEF&CC Notification dated
matter emission 100 mg/m3 Precipitators (ESP) in 07.12.2015 for TPPs
as per MOEF & CC Units I, II & III to installed before 31st December
notification dated achieve the desired 2003.
07.12.2015. PM level below 100
mg/Nm3, so as to
achieve the norms as
per MOEF&CC.
December 2022
13. The unit shall replace the Works fully completed Complied.
worn-out boiler roof tubes in The unit has replaced the worn-
Unit-II and Unit-III so as to out boiler roof tubes in Unit-II
and Unit-III boilers and there
arrest the discharge of
is no fugitive emission at
fugitive emission. 30.09.2019 present in all 3 units.
14. The unit shall develop Quotation has been called Not Complied.
Mangroves plantations and for from Annamalai The unit committed to
other costal vegetation in University and the District comply before June 2023.
Forest Officer.
both sides Kosasthaliyar
river banks, Buckingham
canal and nearby by affected
coastal areas, in consultation
with M.S.Swaminathan
June 2023
foundation (or) Annamalai
Page 150 of 172
University.
15. The unit shall ensure Efforts are made to comply Not Complied.
complete utilization of fly ash the fly ash notification to The unit has not complied the
as per the Ministry of 100% in the coming years. 100% fly ash utilization as per
MoEF&CC Notification.
Environment, Forest &
Climate Change fly ash
notification of 2016.
-
16. The unit shall carry out Ground water and Not Complied.
ground water, surface water surface water analysis The unit is yet to furnish
monitoring once in six conducted once in six the report for the financial
months through any NABL months through NABL years 2020-21 & 2021-22.
accredited laboratory in the accredited lab.
affected areas. Further Detailed study has
detailed study may be been carried out for
carried out by Ground water ground water through
department or any reputed reputed institution
institution on the status of once in year.
ground water, surface water Periodical work
quality once in year.
17. The unit shall adhere to the latest consent order conditions dated 25.06.2014 issued by Tamil Nadu Pollution Control Board.
Compliance status of latest consent order conditions issued vide Proc.dated:25.06.2014.
1. The unit shall maintain the coal handling conveyer Complied.
system and junction towers and ensure that no coal The unit has maintained the coal handling dust shall be accumulated in the adjacent area of coal conveyer system and junction towers and handling conveyor and junction towers. ensures that no coal dust is accumulated in the adjacent area of coal handling conveyor and junction towers.
2. The unit shall operate and maintain water Complied.
sprinkling and cyclone separators provided at The unit has operated and maintainedwater junction towers to control the dust emission. sprinkling and cyclone separators provided at junction towers to control the dust emission.
3. The unit shall ensure the APC measures provided Complied.
in the coal crushing area shall be under working The unit has ensured the APC measures condition so as to control the dust emission. provided in the coal crushing area is under working condition so as to control the dust emission.
4. The unit shall install On line Stack monitoring Partially Complied.
system for SO2, NOx and PM and to connect the The unit has installed Online Continuous same to Care Air Centre, TNPCB, Chennai within Emission Monitoring System (OCEMS) for three months. unit I, II & III of three stacks to monitor the parameters PM, SOx, NOx and the same is connected with CAC, TNPCB, Guindy and CPCB server.
Page 151 of 1725. The Unit shall provide continuous ambient air Not Complied. quality monitoring station and the same shall be The existing Continuous Ambient Air connected to Care Air Centre TNPCB, Chennai Quality Station (2Nos) provided were not in within three. operable condition and it was reported that the TANGEDCO has planned to install new 4 stations covering the units Stage-I, Stage-II, Stage-III (Proposed) and Ennore SEZ-
IV (Proposed).
6. The unit shall operate the Air Pollution Control Not Complied.
measures efficiently and continuously to achieve the The unit has provided the air pollution control National Ambient Air Quality Standards as per measures such as Electrostatic Precipitator for MOEF Notification. Boiler, Dust Extraction and Dust Suppression for coal handling area which are being operated and maintained by the unit regularly.
However, the unit is not meeting the particulate matter standards of 100 mg/Nm3 in all 3 boiler stacks as prescribed by MoEF&CC Notification dated 07.12.2015 for TPPs installed before 31st December 2003 hence, the unit shall augment the ESPs provided in all 3 boilers and also to provide Flue Gas Desulphorisation (FGDs) to achieve SOx emission standards before 31.12.2022 as per the timelines permitted for TPPs (Category A) by MoEF&CC Notification dated 31.03.2021.
7. The unit shall conduct AAQ/SM survey through Complied.
TNPC Board and furnish the survey report to The unit is conducting the AAQ/SM survey Board within 3 months. through TNPC Board yearly once.
8. The unit shall develop green belt in and around the Not Complied.
unit premises at the rate of 400 trees/hectare. The total area of the unit is 549.10 Acres and it was reported that the unit has planted tree sapling to an extent of 130 Acres. The green belt to be developed by the unit is 181 Acres (33% of the total area), hence, the unit shall further develop green belt of remaining 51 Acres.
1. The unit shall complete and commission the Complied.
common sewage treatment plant for Stage-I & STP provided at Stage-I is underoperation. Stage-II within a month time.
2. The unit shall ensure that no water shall be Partially Complied.
discharged from the Ash pond or through the canal Ash pond recovery water is being utilized for linking the pump house and ash pond to Ennore bottom ash slurry preparation. However, the creek either directly or indirectly under any unit has to improve the complete recovery circumstances. water collection and reuse for ash slurry preparation.
Page 152 of 1723. The unit shall reconstruct/revamp the existing Not Complied.
spillway structure to ensure uniform distribution of Tender has been awarded by Stage II for water from the cooling water canal in to Ennore widening of Hot water channel. Proposal to creek to preserve the marine eco system within 6 reconstruct the existing spillway structure to months time. ensure uniform distribution of water has been evolved by stage II which is under progress.
4. The unit shall reconstruct/revamp the pipe line Partially Complied.
carrying the ash slurry to the ash pond and to The TANDGECO has replaced old pipes with ensure that no ash slurry shall be discharged in to new pipes for line no 3 fully, whereas it has to creek area under any circumstance. complete the replacement of old pipes (1, 2, 4 & 5) with new pipes on or before 30.06.2022 as committed and accepted by the Hon'ble NGT in O.A. No. 08 of 2016.
5. The unit shall take immediate action for the Not Complied.
removal of fly ash accumulated over the roads and The unit has to remove the fly ash around the ash dyke area. accumulated as per the Joint Committee findings.
6. The unit shall conduct Marine Impact Study at Not Complied.
where the cooling water is being discharged in to Marine Impact Study not yet
creek/sea and furnish the conducted.
report within three months.
7. The unit shall maintain the coal handling conveyer Complied.
system and junction towers and ensure that no The coal accumulation in the adjacentareas of
coal dust shall be coal handling conveyor and
accumulated in the adjacent area of coal junction towers of ICHS are being
handling conveyor and junction towers. cleared then and there on regular
basis.
8. The unit shall obtain renewal of authorization Not Complied.
under the Hazardous Waste (MH&T) Rules 2008. Authorization for Hazardous waste obtained is valid up to April' 2020, renewal application is yet to file.
9. The unit shall remit the balance water cess The unit has not remitted the balance immediately. water cess.
10 The unit shall develop green belt in and around the Not Complied.
unit premises at the rate of 400 trees/hectare. The total area of the unit is 549.10 Acres and it was reported that the unit has planted tree sapling to an extent of 130 Acres. The green belt to be developed by the unit is 181 Acres (33% of the total area), hence, the unit shall further develop green belt of remaining 51 Acres.
II. The TANGEDCO shall replace the existing Not Complied.
ash slurry pipe lines no. 1, 2, 3, 4 & 5 with The TANDGECO has replaced old new cast basalt lined pipes for entire pipes with new pipes for line no 3 length instead of using retrieved pipes fully, whereas it has to complete the from ETPS on or before 31.12.2021 as replacement of old pipes (1, 2, 4 & 5) reported to comply with the above Hon'ble with new pipes on or before NGT direction so as to curtail the leakage 30.06.2022 as committed and from pipes permanently to avoid accepted by the Hon'ble NGT in O.A. deposition of ash in Buckingham Canal, No. 08 of 2016. Kosasthalaiyar River and near Seppakkam hamlet.
III. The TANGEDCO shall carry out the Not Complied.
removal of deposited ash near the The TANGEDCO has not yet removed Seppakkam hamlet on priority basis within the deposited ash near the 15 days. Seppakkam hamlet.
Further, it is respectfully submitted that the unit of M/s.North Chennai Thermal Power Station Stage-I, SF.No.44, 45 etc., Puzhuthivakkam Village, Ponneri Taluk, Tiruvallur District was inspected by the TNPCB officials on 24.03.2022 & 31.03.2022 and issued show cause notice under the provisions Page 153 of 172 of section 25 of the Water (P&CP) Act, 1974 as amended to the unit vide Proc. dated 05.04.2022 "as to why penal action for offence punishable under Section 44 of the water (P&CP) Act 1974 as amended should not be initiated against you as occupier for operating the unit without valid consent of the Board under Section 25 of the Water (P&CP) Act 1974 as amended and also why direction should not be issued under Section 33 A of the Act for closure of the unit, etc" for the following violations observed.
1. The unit was under operation without valid consent of Board.
2. The unit has not fully complied the conditions stipulated in the latest renewal consent orders issued to the unit vide Board's Proc. dated 25.06.2014 under the Water Act.
3. The unit has not fully complied the latest directions issued to the unit under section 33A of the Water Act vide Board's Proc. dated 12.10.2021.
4. The unit has not complied the most of the directions of the Hon'ble NGT (SZ) issued then and there in various original application / review application.
5. The unit is using coal containing ash content more than 40%.
6. The unit is not able to achieve 100% utilization of fly ash and is not having adequate facility for storage of dry fly ash that is generated in one day.
7. Thus the unit is not complying the Fly Ash Notification 1999 (as amended) issued under the Environmental (Protection) Act 1986 for utilization of fly ash.
8. The unit has not replaced the existing ash slurry pipelines no.1, 2, 4 & 5 with new cast basalt lined pipes for entire length so as to curtail the leakages from aging pipes permanently to avoid deposition of ash in Buckingham Canal, Kosasthalaiyar River back water and on land adjacent to pipelines as well as near Seppakkam Village.
9. The unit has informed that there was a leak in the slurry pumping line No.5, within the NCTPS Stage-1 premises at 11.00 A.M on 23.03.2022 for 5 minutes and pumping was stopped immediately and necessary action was taken to arrest the leak in the pipe within half an hour and no ash slurry was discharged outside the premises.
10. On verifying the logbook at the time of inspection, it was ascertained that the last leak in the same 5th pipe line had occurred on 17.03.2022 and repair work had been attended by changing the O-ring.
11. The unit has not completely remove the fly ash deposited on the land in and around the ash carrying pipeline, in the Buckingham Canal and in the Kosasthalaiyar River back water.
12. The unit has not collected the entire quantity of recovered water from ash dyke and not fully utilized within the premises for making bottom ash slurry as recovery water from ash dyke is allowed to overflow into the earthen canal leading to Kosasthalaiyar River back water. Also,it is respectfully submitted that the show cause notice under the provisions of section 21 of the Air (P&CP) Act, 1981 as amended was issued to the unit vide Proc. dated 05.04.2022 ―as to why penal action for offence punishable under Section 37 of the Air (P&CP) Act 1981 as amended should not be initiated against you as occupier for operating the unit without valid consent of the Board under Section 21 of the Air (P&CP) Act 1981 as amended and also why direction should not be issued under Section 31A of the Act for closure of the unit, etc" for the following violations observed.
1. The unit was under operation without valid consent of Board.
2. From the data received from the Care Air Centre (CAC) of TNPCB, the Online Continuous Emission Monitoring Sensors (OCEMS) for the parameters PM monitored for the period from 01.04.2019 to 26.12.2020 and 27.12.2020 to 07.03.2022, it was ascertained that the number of days of exceedance of the pollutant particulate matter is 273 & 208 days respectively which shows that the air pollution control measures attached to the boilers were not in effective operation.
3. The unit has not fully complied the conditions stipulated in the latest renewal consent orders issued to the unit vide Board's Proc. dated25.06.2014 under the Air Act.
4. The unit has not fully complied the latest directions issued to the unit under section under section 31A of the Air Act vide Board's Proc. dated 12.10.2021.
5. The unit has not complied the most of the directions of the Hon'ble NGT (SZ) issued then and there in various original application / review application.
6. The unit is using coal containing ash content more than 40%.
7. The unit is not able to achieve 100% utilization of fly ash and is not having adequate facility for storage of dry fly ash that is generated inone day.
8. Thus the unit is not complying the Fly Ash Notification 1999 (as amended) issued under the Environmental (Protection) Act 1986 forutilization of fly ash.
9. The unit has not completely remove the fly ash deposited on the land in and around the ash carrying pipeline, in the Buckingham Canal and inthe Kosasthalaiyar River back water.
10. The Particulate Matter (PM) emission let out from each 3 boiler stacks are not meeting the standards of 100mg/ Nm3 at all times (Power Plants smaller than 500MW installed before 31st December 2003) as per MoEF&CC's Notification S.O. 3305(E) dated: 07.12.2015.
11. The unit has not yet taken concrete action/furnished proposal for the installation of Flue Gas Desulphurisation (FGD) System based on Lime/Ammonia dosing to capture Sulphur in the flue gases to meet the SO2 emissions standard of 600mg/Nm3 (Power Plants smaller Page 154 of 172 than 500MW installed before 31st December 2003) prescribed in MoEF&CC's Notification S.O. 3305(E) dated: 07.12.2015 as the unit has to complete the same before 31.12.2022 as per MoEF&CC Notification dated 31.03.2021.
12. The unit has not calibrated the OCEMS for the emission parameters SPM, SOx & NOx provided to each three Boiler stacks and not ensuring the connectivity of sensors to CAC, TNPCB & CPCB server at all times.
13. The unit has not repaired the Continuous Ambient Air Quality Monitoring Stations (CAAQMS) for the parameters PM10, PM2.5, SO2 & NO2 installed within the unit premises and outside the premises.
The copy of the show cause notices issued to the unit vide TNPCB Proc. dated 05.04.2022 are attached as Annexure-V.
6. Assessment of Environmental Compensation by the TNPCB. As the unit of M/s. North Chennai Thermal Power Station, Stage - I, has not complied the consent order conditions and leakage of ash slurry pipelines is regular phenomena and causing damage to the water bodies, the TNCPB has levied the Environmental Compensation then and there for the violations noticed.
The details of Environmental Compensation levied so far by the TNPCB as perCPCB guidelines are furnished below.
Sl. Reason for assessed Period Amount in Remittance
No interim Environmental Rs. details
Compensation
1. Ash slurry disposal into 01.11.2004 to 16.461 Remitted to
Kosasthalaiyar river / Buckingham 12.11.2019 Crores TNPCB
canal asreported by the earlier
committee
2. Ash slurry disposal into 22.08.2020 to 41.40 Not yet
Kosasthalaiyar river / Buckingham 06.01.2021 Lakhs Remitted
canal as
reported by the committee
3. Ash slurry disposal on land near 07.01.2021 to 4.122 Remitted to
Seppakkam Village into 23.08.2021 Crores TNPCB
Kosasthalaiyar river / Buckingham
canal as
reported by the committee.
It is respectfully submitted that the Hon'ble NGT in OA.No.122 of 2021 & 162 of 2021 in respect of TANGEDCO NCTPS Stage-I (Existing), Stage-III (Proposed) & Ennore SEZ- IV (Proposed) vide its final order dated 31.01.2022 directed the TANGEDCO to comply the following and compliance of the same is submitted below.
Sl. Directions issued by the Hon'bleNGT in Status of the compliance as on
No OA.No.122 of 2021 & 162 15.04.2022
of 2021
1 The TANDGECO is directed not to proceed Complied.
with the work of laying the pipeline through the The TANGEDCO stopped the construction
CRZ zone and also in the other area in violation activity in CRZ area for not having EC under the
of the Environment Clearance and CRZ CRZ Notification pertaining to Stage-III &
Clearance granted to them in 2016, without Ennore SEZ-IV as directed.
getting necessary further clearances in this Amendment to be obtained by TANGEDCO in
respect by filing afresh application in accordance the EC already obtained under CRZ Notification with law and the same will have to be considered forStage-III & Ennore SEZ-IV. by the authorities strictly in accordance with law and the direction given for this purpose cannot be treated as a direction to the authorities to grant the permission, if it is not otherwise feasible or permissible under law. This must be strictly in compliance with the decision of Hon‟ble Supreme Court in Key stone realtors private limited vs. Anil V. Tharthare and ors.
Page 155 of 1722 The TANDGECO is directed to pay an Complied.
Environmental Compensation of Rs. The TANDGECO has remitted the 4,12,20,000/- fixed by the Joint Committee and Environmental Compensation of Rs. approved by this Tribunal to Tamil Nadu 4,12,20,000/- to the Board through NEFT Dated Pollution Control Board for the damage caused 27.12.2021. to environment on account of the deposit of fly ash slurry in the Kosasthalaiyar River region, over and above the compensation already remitted by them as directed by the Pollution Control Board in O.A. No. 08 of 2016 and other connected cases.
3 The TANDGECO is also directed to pay an Complied. additional compensation of Rs. 50 lakhs with the The CE/Electrical, NCTPP stage -III has reported Tamil Nadu Pollution Control Board for the vide their letter Lr.No.CE/NCTPP Stg- violation committed i.e. preparation for III/SE/Civil/EE/C2/F.NGT/D.141/22 dated constructing the pipeline and making some 30.03.2022 received through mail stating that the attempts for that purpose in violation of the unit has remitted an additional compensation of Environmental Clearance and CRZ Clearance Rs. 50 lakhs to the Board through online to the granted and this is in addition to the TNPCB account vide UTR compensation already directed to be paid by them No.IOBAN222087324859 dated for damage caused to the environment 28.03.2022. on account of deposit of fly ash.
4 The TANDGECO is directed to carry out the Works are in progress. replacement of the old pipes as undertaken by The TANDGECO has replaced old pipes with them and as directed by this Tribunal in O.A. new pipes for line no 3 fully, whereas it has to No. 08 of 2016 and other connected cases complete the replacement of old pipes (1, 2, 4 & 5) within the time line fixed by with new pipes on or before the Tribunal, on the basis of the 30.06.2022 as committed and undertaking given by them to avoid accepted by the Hon'ble NGT in O.A. future breaches. No. 08 of 2016.
5 The TANDGECO is directed to carry out The Joint Expert Committee recommendations made by the Joint Committee appointed by the Hon'ble NGT in in both the cases in its letter and spirit to avoid O.A. No. 08 of 2016 filed their report. future breaches of fly ash into the riverine area. The question regarding steps to be taken for remediation process of damage caused to the environment on account of deposit of fly ash in that area for longer period will be considered by this Tribunal including any further compensation to be paid on the basis of the recommendations to be made by Committee already appointed by this Tribunal in O.A. No. 08 of 2016and other connected cases.
6 The TANDGECO is also directed to take steps Works are in progress.
to remove the fly ash already deposited in that The TANDGECO has to complete the removal of
area, as directed by the Joint Committee as well fly ash as already deposited in Kosasthalaiyar
as the Pollution Control Board at the earliest river, Buckingham canal & on land adjacent to
possible time to reduce the impact of damage ash conveying pipe lines as committed to Hon'ble
to NGT.
riverine environment any further.
Page 156 of 172
7 The TANDGECO is also directed to take As per the review application no.14 of 2021 (SZ)
necessary steps to avoid leakage through pipes in O.A.No. 08 of 2016, the
and they must hold vigil by regular inspection unit shall utilize the pipe line no.3 (Replaced with
of the old pipe lines till such time their new pipes) and pipe line no.1 & 5 (Replaced with
replacement is completed and take immediate retrieved pipes from ETPs) for conveying the ash
steps to arrest breaches, if any, during the slurry to ash ponds.
interregnum. The amount of compensation The TANDGECO is taking necessary steps to
directed to be paid on two counts are to be avoid leakage through pipes by conducting
deposited by TANDGECO with Tamil Nadu regular inspection of the old pipes.
Pollution Control Board which they can utilise for the purpose of protecting Kosasthalaiyar River as well Ennore creek in that area to restore the damage caused to environment and also to provide necessary protection to prevent encroachments in that areas in future and avoid further environmental damage as well as riverine damage in that area.
8 As regards the action to be taken for violations Not applicable for TNPCB.
committed by TANDGECO in violation of Environmental Clearance and CRZ Clearance, the respective regulators, namely, MoEF&CC and State Coastal Zone Management Authority are directed to take necessary action against TANDGECO in accordance with law.
9 As regards O.A.No.122 of 2021 is concerned, Not applicable for TNPCB.
since it is filed by a private person in order to protect environment, we feel that TANDGECO can be directed to pay a cost of Rs. 25,000/- to the applicant in that case.
10 If the above amounts including the Partially Complied.
compensations and costs are not paid within The TANDGECO has remitted the three months from today, then the Pollution Environmental Compensation of Rs. Control Board and the applicant are entitled to 4,12,20,000/- to the Board through NEFT Dated initiate proceedings for recovery of the same 27.12.2021. under Section 25 of the National Green Tribunal The CE/Electrical, NCTPP stage -III has reported Act, 2010 or through District Collector for vide their letter Lr.No.CE/NCTPP Stg- recovery of the amount invoking Revenue III/SE/Civil/EE/C2/F.NGT/D.141/22 dated Recovery Act, 1890 inaccordance with law. 30.03.2022 received through mail stating that the unit has remitted an additional compensation of Rs. 50 lakhs to the Board through online to the TNPCB account vide UTR No.IOBAN222087324859 dated 28.03.2022.
The TANDGECO has to pay Rs.25,000/- to the applicant within three months from the date of order (31.01.2022) i.e. before 30.04.2022.‖
112. It is also seen from the annexures produced that the SPCB had issued show cause notice by their Proceedings No.F.1081/01/RL/JCEE(M)/ TNPCB/CHN/Zone/A/2022 dated 05.04.2022 narrating the non- compliance of certain directions issued by this Tribunal and also the Pollution Control Board and why action should not be taken against them.
Page 157 of 172113. Respondents No.2 & 3 have filed their compliance cum objection to the report and also to the query placed by the Tribunal as to whether the Electro Static Precipitator (ESP) can be replaced with new latest technology, which reads as follows:-
―2. It is submitted that during the hearing on 25.04.2022, this Hon'ble Court was pleased to direct the TANGEDCO to file its report on the following points.
a. To produce documents with regard to emission standards ie., whether the unit is stopped as and when emission exceeds the limits and reports thereof.
It is humbly submitted that the exceedance of norms is only momentarily and not in a persisting manner. However online mechanism such as rapping9 and hammering of ESP fields is being done round the clock for which AMC works have been awarded.
Also, it is submitted that steps are being taken to ensure all the ESP fields are in service. It can be seen that the monthly average of SPM Norms is within Norms.
In every Annual overhaul, ESP is being overhauled and worn out/Defective internals if any, are being replaced and the following works are being carried out to maintain the design efficiency of ESP
1. Water washing of ESP
2. Renewal of Inner Arm, Outer Arm, Pin wheel, Shock bar pad, Shock bar angle, emitting coil, and collecting plate.
3.Topping up of gear box oil in CERM & EERM.
4. Rectification works carried out such as field short and CERM & EERM gear box problem.
b. Replacement of the existing E.S.P with modern and advanced equipment and to state the period required for the same:
FGD (Flue Gas Desulfurization) is proposed to be commissioned for achieving the emission standard for SOx. As per the recommendation of the consultant M/s.Mecon.Pvt.Ltd who has been engaged in the commissioning of FGD, the additional dust burden will be taken care of by FGD and the SPM level will be further reduced and hence refurbishment of ESP will be decided accordingly.
c. Objections for DPR as stated in the Joint Expert Committee Report. Findings:
It has been stated that the OCEMS have been tampered so that actual results are not transferred to CPCB and TNPCB.
In NCTPS-I whenever there is momentary exceedance, an alarm message is being received from Care Air Center/TNPCB through mail and SMS. The mail copies are enclosed for reference. As soon as emission levels resume to the limits, the reset message "site returned to normalcy" is also being received. The copies are enclosed. Hence it is evident that no Tampering at NCTPS-I stack emission has been made.
Findings As against a legal requirement of 100% of fly ash utilisation, TANGEDCO's fly ash utilization was less than 50% in 2020-21.
It is submitted that 29.96% fly ash has been lifted to cement companies, the remaining 70.04% of ash has been wet sluiced and transported to the ash dyke and has been lifted.
NCTPS-I was initially designed for complete wet sluicing. As an improvement work, the PDFACS was installed on 50% of ESP hopper in all three units. The dry fly ash is conveyed through PDFACS to silos and disposed to Cement Companies and other Brick Manufacturing Companies. Whenever there is no demand for Cement Companies or during rainy seasons, the dry fly ash is wet sluiced into slurry, and pumped to Dyke. Further as an additional improvement, now it is proposed to install a 100% PDFAC System in all the three units. The procurement process is in progress. Hence, it is stated that 100% ash is utilized either dry form or wet form. It is also ensured that, after 100% installation of the PDFAC System, 100% dry fly ash will be evacuated.
Findings:
Despite the tampering of OCEMS, between 01.04.2019 and 07.03.2022 (1071days), NCTPS Stage 1 is recorded to have emitted particulate matter (including ash) in excess of permissible levels for 481days.
During the year 2019, the SPM level has exceeded for which the following works have been carried out to reduce the emission level of SPM The overhauling of ESP which comprises of
1. Water washing of ESP
2. Renewal of Inner Arm, Outer Arm, Pinwheel, Shock bar pad, Shock bar angle emitting coil and collecting plate.
3. Topping up of gear box oil in CERM &EERM.
4. Rectification works carried out such as field short and CERM & EERM gear box problem.
Page 158 of 172Overhaul works carried out pent house area:
1. Renewal of entire sagged Radiant roof tubes.
2. Renewal of Skin casing sheets.
3. Renewal of refractory.
4. Replacement of Air pre heater elements.
5. Complete replacement patch welding and renewal of Metallic expansion bellow in flue gas, secondary Air, and Hot air ducts. After completion of the above works, SPM level has been reduced.
It is also submitted that the exceedances are momentary not in a persisting manner. Whenever exceedance of Norms is observed, online Mechanism of Rapping and hammering is being done round the clock for which works contract has been awarded as already stated above.
Findings:
Mandatory green belt conditions prescribed in consent have not been complied with.
The total area of the plant- 549 acres.
Green belt area already developed -116 acres Balance to be developed- 65 acres.
During 2022-23 35 acres will be developed.
In 2023-24-30 acres will be developed.
Findings:
The ash dyke is unlined and has no geomembrane lining, exposing ground water to contaminants from the structure.
Consultancy work entrusted to IIT-Madras and interim report received and further evaluation is under process.
Findings:
TNPCB and CPCB in the current report estimate unaccounted for ash at 65.96 lakh tonnes, of which an unquantified Portion is in river/backwater/surrounding areas.
The above said quantity of 65.96 lakhs MT which was stored in the primary pond(180 Hect) was handed over to SEZ project and has been effectively utilized for site grading and for developing the Ennore SEZ Thermal Power project only.
Findings Estuarine vegetation, including sea grass and mangroves in Kosasthalai's backwaters, and the thick vegetation along Buckingham Canal has been lost due to the dumping of ash and dredged material.
Cleaning of wet ash from the land areas is under process and after completion, the growth of estuarine vegetation will be ensured.
Finding:
Surface sediments are heavily contaminated with levels of cadmium, chromium, copper, lead, nickel, and zinc well in excess of safe levels as per Canadian sediment quality guidelines for the protection of aquatic life.
It is submitted that as per the direction of Hon'ble NGT, marine Impact study at Ennore Creek and the sea was carried out by M/s National Institute of Ocean Technology and a draft report on the above study has been received.
In the above report, it has been mentioned that various development projects utilizing the creek system have altered the bathymetry and changed the creek system's flow.
Inputs from Manali Industrial belt and North Chennai Industries in addition to frequent interference in the creek morphology.
Further, NCTPS-I alone is not responsible for heavy contamination with surface sediments.
Finding:
Ground water heavily contaminated with dissolved salts, aluminum arsenic lead, manganese, and zinc.
In respect of Case No.162/2021, (which has been disposed of vide NGT order Dated 31.01.22) as per direction of Joint committee constituted by the Hon'ble NGT, TNPCB arranged a survey to assess ground water contamination if any due to the spillage of ash from the leakages of pipelines and seepage from Ash pond, subsurface water samples were collected from the bore well nearby to ash pond (about 400m away from chepakkam village) and the piezometric wells provided near the ash ponds. It can be seen from the report that the results are within tolerance limits. In the report, it is found that the parameters are within the standards.
Ambient air quality monitoring survey was conducted by TNPCB at Chepakkam village (24 hours sampling on 31.08.21) and Athipattu village (24 hours sampling on 26.08.21) at NCTPS near substation (24 hour sampling on 02.09.2021).
It has been mentioned in the report as below "The result revealed that the parameter PM10 value (152 Kg/m3) at Athipattu village alone exceeded the ambient Air quality standards (100kg/m3) prescribed."
It is submitted that Zuari Cement factory is located nearby Athipattu Village. It is humbly submitted that it clearly shows that the ambient air quality is not affected by NCTPS-I. Page 159 of 172
3. It is also submitted that, even though TANGEDCO is facing a severe financial crunch, TANGEDCO is striving hard to meet the Power Demand by taking all possible steps to comply with the Emission norms and adhering to TNPCB directions.
4. It is respectfully submitted that this Respondent is complying with the directions issued by this Hon'ble Tribunal and also the environmental norms without any default to protect the environment.‖
114. It is also seen from the reports that NCTPS units are functioning without renewing the Consent to Operate which is impermissible in law and it is a continuing violation, for which, the State Pollution Control Board is expected to take stringent action against them, including imposition of further compensation till the violation is rectified.
115. From the overall discussions made above and also considering the various reports and objections filed by the TANGEDCO, it is clear that there were some breaches which resulted in damage caused to the environment and that requires remediation. The TANGEDCO which has caused the damage is liable to pay compensation for the damage caused to the environment, apart from compensation payable for the violation committed by them of conditions imposed.
116. In order ascertain the nature of damage and remediation process, this Tribunal had appointed a Joint Expert Committee and they have filed a report which was extracted above with Terms of Reference for preparation of DPR for the remediation process. All these things will take longer time and it is not possible to keep the case till the remediation process is completed. It is for the regulators to monitor the implementation of the remediation process, further study (if any) required after removal of the ash to ascertain the nature of contamination and further remediation to be conducted and before certifying that the place has been completely remediated beyond contamination, they will have to satisfy that the soil quality and the water quality in that area has been restored to its original position.
117. Further, it is for the TANGEDCO to carry out the recommendations made by the Joint Committee as well as Joint Expert Committee appointed by this Tribunal who have suggested certain remediation measures including development of mangroves on the side of coastal zone, a Page 160 of 172 portion of which was damaged on account of the activities of the TANGEDCO, apart from creating further tree cover of nature of species suggested by the Joint Expert Committee appointed by this Tribunal and also which is conducive for the riverine coastal ecology.
118. So under such circumstances, this Tribunal feel that instead of keeping the cases pending, the same can be partially disposed of with the following directions in respect of TANGEDCO alone and as regards M/s. Kamarajar Port Limited, the same can be considered after the appeal filed by them before the Hon‟ble Apex Court viz., Civil Appeal No.4238 - 4241 of 2020 are disposed of:-
a. The TANGEDCO is directed to carry on their activities strictly in accordance with law and complying with the conditions imposed in the Environmental Clearance and the Consent granted by the State Pollution Control Board.
b. The TANGEDCO is directed to replace the old ash slurry carrying pipes as undertaken by them within the time frame fixed and also take all necessary precautions of providing necessary sensor system to detect the leak immediately and also the mechanism by which production and pumping of ash slurry through the damaged pipeline can be stopped immediately, so that further pumping can be avoided so as to minimize the leak if at all if it happens in future. c. The TANGEDCO is liable to pay the compensation already assessed by the State Pollution Control Board on various occasions for the violations noticed by them and also compensation directed to be paid by this Tribunal in other related connected matters viz., Original Application Nos.122 of 2021 (SZ) and 162 of 2021 (SZ) which were already disposed of this Tribunal by giving certain directions.
d. The TANGEDCO is also liable to pay environmental compensation which is likely to be assessed on the basis of the study to be conducted by the agency which is going to conduct study for remediation process, apart from the compensation already imposed by various proceedings of the Tamil Nadu Pollution Control Board and directed to be paid by this Tribunal.Page 161 of 172
e. The State Pollution Control Board is directed to monitor the functioning of the NCPTS owned by the TANGEDCO periodically and if there is any violation found, then they are directed to take appropriate action against the TANGEDCO including prosecution and imposition of environmental compensation apart from other directions to be issued as contemplated under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
f. The State Pollution Control Board is also directed to take action against the TANGEDCO for operating the unit without obtaining renewal of Consent to Operate, including imposition of compensation and prosecution, apart from issuing directions as required to be issued under Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986.
g. The Additional Chief Secretary, Environment through Director - Department of Environment is directed to take steps to identify the agency by issuing tender process for the preparation of DPR at the earliest and while calling for the tender, they are directed to include the Terms of Reference suggested by the Joint Expert Committee appointed by this Tribunal to be considered by the agency for preparation of DPR and after finalizing the agency, complete the remediation process to be conducted and after finalizing the remediation process, take steps to implement the same through TANGEDCO by providing necessary technical guidance, if any, required without delay. They are directed to expedite the process of finalizing the agency for preparation of DPR within a period of six months and completion of study within a period of nine months and thereafter, undertake to complete the remediation process at the earliest possible time through TANGEDCO.
h. The expenses for conducting the study through the agency to be identified for preparation of DPR and also the expenses for remediation has to be undertaken by the TANGEDCO.
i. On finalizing the study to be conducted by the agency in respect of remediation, the TANGEDCO is directed to undertake the Page 162 of 172 remediation process and complete the same at the earliest possible time, as delay in implementation will result in further damage to the environment.
j. After the preparation of DPR, the implementation of the recommendations and the nature of study to be conducted is directed to be monitored jointly by (i) a Senior Officer from the Central Pollution Control Board, Regional Office, Chennai and (ii) a Senior Officer from the Tamil Nadu Pollution Control Board so as to effectively implement the remediation process in a scientific manner. During the course of monitoring, if the above said committee feels that further study will have to be conducted then that also will have to be carried out by the TANGEDCO in co-ordination with the committee appointed by this Tribunal viz., the Additional Chief Secretary to Government - Department of Environment, Principal Secretary to Government - Department of Energy and Director - Department of Environment.
k. The TANGEDCO is directed to carry out the recommendations made by the Joint Expert Committee regarding creating green cover, including plantation of mangroves and other species suggested which are conducive to environment and that will not affect the riverine and coastal zone ecology.
l. On the basis of the study to be conducted, based on the DPR consultants identified and if further environmental compensation has been assessed by the agency, then the CPCB as well as the SPCB are directed to take further action in this regard for assessment of further environmental compensation for the damage caused to environment and take steps to recover the amount from the TANGEDCO strictly in accordance with law.
m. The TANGEDCO is also directed to take immediate steps to remove the fly ash already deposited in that area due to the breach of fly ash slurry carrying pipes without delay and after removal of the same, soil analysis will have to be conducted by the CPCB and SPCB and if further remediation will have to be conducted or further steps will have to be taken by TANGEDCO for removal of further fly ash Page 163 of 172 deposit found in that area, then that also will have to be carried out by the TANGEDCO.
n. After completion of the remediation process as suggested by the agency identified on tender basis before certifying the same as contamination free, the CPCB and SPCB are directed to conduct further analysis of soil and water and only after satisfaction that the contamination has been completely removed and the damage caused to the environment has been eliminated and the environment is restored to its original position, they must stop the remediation process till then they will have to continue with the study subject to their satisfaction.
o. The TANGEDCO is directed not to cause any act which is likely to affect the riverine and coastal ecology on account of their act and not to cause further damage to the environment by violations of conditions noticed by the regulators earlier.
p. The Chairman, Tamil Nadu Pollution Control Board is also directed to closely monitor the execution of the finalized DPR. q. The TANGEDCO is also directed to achieve 100% ash utilization as per the notification issued by the MoEF&CC and the Tamil Nadu Pollution Control Board is directed to monitor proper ash utilization and a condition must be imposed in the Consent to be issued as and when it is renewed.
r. While undertaking the remediation process, the Joint Expert Committee appointed by this Tribunal to assess the points to be considered for preparation of DPR to restore the environment in view of the damage caused, can be consulted and the Joint Expert Committee appointed by this Tribunal is directed to provide necessary assistance and further suggestions (if any) and that also will have to be considered by the TANGEDCO and the committee appointed by this Tribunal viz., CPCB and SPCB while implementing the finalized DPR.
s. The TANGEDCO is directed to remove the old pipes which are to be replaced with new pipes immediately and that can be used only after the new pipelines are laid as directed by this Tribunal and Page 164 of 172 undertaken by them. Till then they can use only those pipelines which are permitted to be used by this Tribunal.
t. The Additional Chief Secretary for Environment, Forest and Climate Change is directed to conduct a study regarding the unutilized Ennore Wetland on the basis of the 1996 CZMP as directed by this Tribunal in similar matter of this nature and protect that area against further development and declare the same as part of Ennore Wetland under the Government Wetland Mission and develop a plan for restoration of the fragile Ennore creek ecosystem and the wetland complex of Ennore.
u. The Chief Secretary, State of Tamil Nadu is also directed to consider the grievance of the residents of Chepaukkam village situated near the ash pond and if there is any relocation required for their safety, then that may also to be considered and necessary steps may be taken in this regard in accordance with law, if it is feasible and practicable. If the water quality in that area has been affected on account of the activities of the NCTPS owned by the TANGEDCO, then the TANGEDCO is directed to provide potable water to the residents in that area of the required quantity till the water quality in that area reaches the potable level.
v. The Chief Secretary is directed to constitute a permanent grievance committee headed by the District Collector of the concerned area, State Pollution Control Board, a Senior Officer (not below the rank of Superintending Engineer) of TANGEDCO and nominee of Commissioner - Greater Chennai Corporation and that committee can convene a meeting once in three months and consider the grievance of the local people on account of the operation of the TANGEDCO and if any remedial measures to be taken, then they are directed to take appropriate steps to redress their grievance in accordance with law.
w. The right of the applicant to approach this Tribunal or any other forum, if there is any breach occurred or violation committed and pollution caused is left open.
x. As regards M/s. Kamarajar Port Limited is concerned, further steps to be taken against them will be considered after disposal of the Page 165 of 172 Civil Appeal viz., Civil Appeal No.4238 - 4241 of 2020 filed by M/s. Kamarajar Port Limited pending before the Hon‟ble Apex Court.
119. The points are answered accordingly.
120. In the result, all these Original Applications are partially disposed of with the following directions in respect of TANGEDCO alone and as regards M/s. Kamarajar Port Limited, the same can be considered after the appeal filed by them before the Hon'ble Apex Court viz., Civil Appeal No.4238 - 4241 of 2020 are disposed of:-
(i) The TANGEDCO is directed to carry on their activities strictly in accordance with law and complying with the conditions imposed in the Environmental Clearance and the Consent granted by the State Pollution Control Board.
(ii) The TANGEDCO is directed to replace the old ash slurry carrying pipes as undertaken by them within the time frame fixed and also take all necessary precautions of providing necessary sensor system to detect the leak immediately and also the mechanism by which production and pumping of ash slurry through the damaged pipeline can be stopped immediately, so that further pumping can be avoided so as to minimize the leak if at all if it happens in future.
(iii) The TANGEDCO is liable to pay the compensation already assessed by the State Pollution Control Board on various occasions for the violations noticed by them and also compensation directed to be paid by this Tribunal in other related connected matters viz., Original Application Nos.122 of 2021 (SZ) and 162 of 2021 (SZ) which were already disposed of this Tribunal by giving certain directions.
(iv) The TANGEDCO is also liable to pay environmental compensation which is likely to be assessed on the basis of the study to be conducted by the agency which is going to conduct study for remediation process, apart from the compensation already imposed by various proceedings of the Tamil Nadu Page 166 of 172 Pollution Control Board and directed to be paid by this Tribunal.
(v) The State Pollution Control Board is directed to monitor the functioning of the NCPTS owned by the TANGEDCO periodically and if there is any violation found, then they are directed to take appropriate action against the TANGEDCO including prosecution and imposition of environmental compensation apart from other directions to be issued as contemplated under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
(vi) The State Pollution Control Board is also directed to take action against the TANGEDCO for operating the unit without obtaining renewal of Consent to Operate, including imposition of compensation and prosecution, apart from issuing directions as required to be issued under Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986.
(vii) The Additional Chief Secretary, Environment through Director - Department of Environment is directed to take steps to identify the agency by issuing tender process for the preparation of DPR at the earliest and while calling for the tender, they are directed to include the Terms of Reference suggested by the Joint Expert Committee appointed by this Tribunal to be considered by the agency for preparation of DPR and after finalizing the agency, complete the remediation process to be conducted and after finalizing the remediation process, take steps to implement the same through TANGEDCO by providing necessary technical guidance, if any, required without delay. They are directed to expedite the process of finalizing the agency for preparation of DPR within a period of six months and completion of study within a period of nine months and thereafter, undertake to complete the remediation process at the earliest possible time through TANGEDCO.Page 167 of 172
(viii) The expenses for conducting the study through the agency to be identified for preparation of DPR and also the expenses for remediation has to be undertaken by the TANGEDCO.
(ix) On finalizing the study to be conducted by the agency in respect of remediation, the TANGEDCO is directed to undertake the remediation process and complete the same at the earliest possible time, as delay in implementation will result in further damage to the environment.
(x) After the preparation of DPR, the implementation of the recommendations and the nature of study to be conducted is directed to be monitored jointly by (i) a Senior Officer from the Central Pollution Control Board, Regional Office, Chennai and
(ii) a Senior Officer from the Tamil Nadu Pollution Control Board so as to effectively implement the remediation process in a scientific manner. During the course of monitoring, if the above said committee feels that further study will have to be conducted then that also will have to be carried out by the TANGEDCO in co-ordination with the committee appointed by this Tribunal viz., the Additional Chief Secretary to Government - Department of Environment, Principal Secretary to Government - Department of Energy and Director - Department of Environment.
(xi) The TANGEDCO is directed to carry out the recommendations made by the Joint Expert Committee regarding creating green cover, including plantation of mangroves and other species suggested which are conducive to environment and that will not affect the riverine and coastal zone ecology.
(xii) On the basis of the study to be conducted, based on the DPR consultants identified and if further environmental compensation has been assessed by the agency, then the CPCB as well as the SPCB are directed to take further action in this regard for assessment of further environmental compensation for the damage caused to environment and take steps to Page 168 of 172 recover the amount from the TANGEDCO strictly in accordance with law.
(xiii) The TANGEDCO is also directed to take immediate steps to remove the fly ash already deposited in that area due to the breach of fly ash slurry carrying pipes without delay and after removal of the same, soil analysis will have to be conducted by the CPCB and SPCB and if further remediation will have to be conducted or further steps will have to be taken by TANGEDCO for removal of further fly ash deposit found in that area, then that also will have to be carried out by the TANGEDCO.
(xiv) After completion of the remediation process as suggested by the agency identified on tender basis before certifying the same as contamination free, the CPCB and SPCB are directed to conduct further analysis of soil and water and only after satisfaction that the contamination has been completely removed and the damage caused to the environment has been eliminated and the environment is restored to its original position, they must stop the remediation process till then they will have to continue with the study subject to their satisfaction.
(xv) The TANGEDCO is directed not to cause any act which is likely to affect the riverine and coastal ecology on account of their act and not to cause further damage to the environment by violations of conditions noticed by the regulators earlier. (xvi) The Chairman, Tamil Nadu Pollution Control Board is also directed to closely monitor the execution of the finalized DPR.
(xvii) The TANGEDCO is also directed to achieve 100% ash utilization as per the notification issued by the MoEF&CC and the Tamil Nadu Pollution Control Board is directed to monitor proper ash utilization and a condition must be imposed in the Consent to be issued as and when it is renewed.
(xviii) While undertaking the remediation process, the Joint Expert Committee appointed by this Tribunal to assess the points to be considered for preparation of DPR to restore the Page 169 of 172 environment in view of the damage caused, can be consulted and the Joint Expert Committee appointed by this Tribunal is directed to provide necessary assistance and further suggestions (if any) and that also will have to be considered by the TANGEDCO and the committee appointed by this Tribunal viz., CPCB and SPCB while implementing the finalized DPR. (xix) The TANGEDCO is directed to remove the old pipes which are to be replaced with new pipes immediately and that can be used only after the new pipelines are laid as directed by this Tribunal and undertaken by them. Till then they can use only those pipelines which are permitted to be used by this Tribunal.
(xx) The Additional Chief Secretary for Environment, Forest and Climate Change is directed to conduct a study regarding the unutilized Ennore Wetland on the basis of the 1996 CZMP as directed by this Tribunal in similar matter of this nature and protect that area against further development and declare the same as part of Ennore Wetland under the Government Wetland Mission and develop a plan for restoration of the fragile Ennore creek ecosystem and the wetland complex of Ennore.
(xxi) The Chief Secretary, State of Tamil Nadu is also directed to consider the grievance of the residents of Chepaukkam village situated near the ash pond and if there is any relocation required for their safety, then that may also to be considered and necessary steps may be taken in this regard in accordance with law, if it is feasible and practicable. If the water quality in that area has been affected on account of the activities of the NCTPS owned by the TANGEDCO, then the TANGEDCO is directed to provide potable water to the residents in that area of the required quantity till the water quality in that area reaches the potable level.
(xxii) The Chief Secretary is directed to constitute a permanent grievance committee headed by the District Collector of the concerned area, State Pollution Control Board, a Senior Officer Page 170 of 172 (not below the rank of Superintending Engineer) of TANGEDCO and nominee of Commissioner - Greater Chennai Corporation and that committee can convene a meeting once in three months and consider the grievance of the local people on account of the operation of the TANGEDCO and if any remedial measures to be taken, then they are directed to take appropriate steps to redress their grievance in accordance with law.
(xxiii) The right of the applicant to approach this Tribunal or any other forum, if there is any breach occurred or violation committed and pollution caused is left open.
(xxiv) As regards M/s. Kamarajar Port Limited is concerned, further steps to be taken against them will be considered after disposal of the Civil Appeal viz., Civil Appeal No.4238 - 4241 of 2020 filed by M/s. Kamarajar Port Limited pending before the Hon‟ble Apex Court.
(xxv) As and when the Civil Appeals (i.e. Civil Appeal No.4238 - 4241 of 2020) are disposed of, the Registry is directed to brought to the notice of the Bench for further consideration in respect of the steps to be taken and remediation process (if any) to be undertaken by M/s. Kamarajar Port Limited and further compensation (if any) to be imposed against them.
Parties are also at liberty to bring this aspect after disposal of the civil appeals pending before the Hon‟ble Apex Court. (xxvi) Considering the fact that the applicants in these cases have taken much pain in protecting the environment in that area and conducting the litigations since 2016 onwards, in order to meet the expenses incurred by them for conducting the cases, the TANGEDCO is directed to pay a cost of Rs.50,000/- each to the applicants in the above three cases within a period three months and if the amount is not paid, then the applicants are at liberty to recover the amount adopting the procedure provided under the National Green Tribunal Act, 2010 after the period is over.
Page 171 of 172(xxvii) The Registry is directed to communicate this order to the Chief Secretary, State of Tamil Nadu, Additional Chief Secretary for Environment, Director - Department of Environment, Chairman - Tamil Nadu Pollution Control Board, Regional Director - Integrated Regional Office, CPCB, Chennai, the District Collector, members of the Joint Expert Committee appointed by this Tribunal for their information and compliance of directions.
(xxviii) The Additional Chief Secretary for Environment and the committee appointed by the Tribunal namely, CPCB and SPCB and Director - Department of Environment, TANGEDCO are directed to file their periodical reports once in six months till the remediation process is completed.
(xxix) As and when such reports are received, the Registry is directed to place the same before the Bench for consideration and also for issuing necessary directions, if any, required in this regard.
121. With the above observations and directions, all these Original Applications are disposed of partially in respect of TANGEDCO alone, leaving open the liability of M/s. Kamarajar Port Limited to be considered after disposal of the Civil Appeal (i.e. Civil Appeal No.4238 - 4241 of 2020) filed by them and pending before the Hon‟ble Apex Court.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.08/2016 (SZ), O.A. No.152/2016 (SZ), O.A.No.198/2016 (SZ), 05th July 2022. Mn.
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