Disposed

Mr.D.Sateesh Kumar S/O. K. Damodaran v. State Government of Tamil Nadu, Rep. by Its Chief Secretary

NGT28 Mar 2022Original Application No. 105/2017

Case brief

AI extract

What is this about?

Suo motu application regarding pollution of the Bhavani River due to untreated sewage from local bodies and industrial effluents. Tribunal monitored remedial measures, imposed environmental compensation, and directed authorities to establish STPs and implement SWM rules amidst ongoing litigation.

What did the court decide?

Continued monitoring; enforcement of SWM and Bio-Medical Waste Rules; disposal of applications.

Mr.D.Sateesh Kumar S/O. K. Damodaran vs State Government… — Environment and Pollution | NGT (2022)

¶1

Item No.17 to 20:

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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(Through Video Conference)

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Original Application No. 10 of 2017 (SZ) With Original Application No. 18 of 2017 (SZ) With Original Application No. 58 of 2017 (SZ) With Original Application No. 105 of 2017 (SZ) (Through Video Conference)

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IN THE MATTER OF:

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Suo Motu Proceedings initiated based on the news item Published in “The Times of India” Chennai - Edition dated 20.01.2017 on the caption “Bhavani river water unfit for consumption” and “Waste from Mettupalayam Government Hospital ends up in Bhavani River”

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Versus

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1. The Chief Secretary, Government of Tami Nadu, Secretariat, Chennai-600 009

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Principal Secretary, Department of Ministry of Environment and Forest, Secretariat, Chennai- 600 009

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The Secretary, Public Works Department, Fort St. George, Chennai- 600 009

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The District Collector, Erode, Erode District

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The District Collector, Coimbatore

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The Thasildar, Bhavani, Erode, Erode District

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The Thasildar, Mettupalayam

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Tamil Nadu Water Supply and Drainage Board, Rep by its Managing Director, Chepauk, Chennai- 600 005

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[1]

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Member Secretary, Tamil Nadu Pollution Control Board, No. 76, Mount Road, Guindy, Chennai.

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10.District Environmental Engineer, Erode District, Erode

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11.The Principal Secretary for Health and Family Welfare Department Secretariat, Chennai- 600 009

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12.Government Hospital, Mettupalayam, 120, Coimbatore Main Road, Mahadevapuram Mettupalayam- 641 301

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13.Mettupalayam Municipality, Rep by its Municipal Commissioner, No. 9 Market North Street, Ooty Main Road, Mettupalayam, Coimbatore- 641 301

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14.Coonor Municipality, Rep by its Municipal Commissioner, Mount Road, Kumaran Nagar, Coonor, Nilgris- 643101 ...Respondent(s)

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With

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M. Gobineelan S/o. P.P. Mani, No.5/1 – I, Rest House Road,

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Sirumugai, Coimbatore – 641 302. ...

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Applicant(s) Versus

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The Secretary to the Government, Department of Environment and Forest, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai

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The Secretary to the Government, Public Works Department, Government of Tamil Nadu, Fort St. George, Chennai

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The Chairman, Tamil Nadu Pollution Control Board, No. 76, Mount Road, Guindy, Chennai.

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The District Environmental Engineer, The Tamil Nadu Pollution Control Board,

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[2]

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No. 266- Mettupalayam Road, Coimbatore North Office, Coimbatore- 641 043.

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The District Collector, Coimbatore, Coimbatore District.

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The Thekampatti Village Panchayat, Rep by its Executive Officer, Thekampatti Village, Coimbatore.

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The Mettupalayam Municipality, Rep by its Municipal Commissioner, Mettupalayam, Coimbatore District.

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The Oodanthurai Village Panchayat, Rep by its Executive Officer, Oomapalayam Village, Coimbatore District.

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The Jadayampalayam Village Panchayat, Rep by its Executive Officer, Jadayampalayam Village, Coimbatore District.

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10.The Sirumugai Town Panchayat Rep by its Executive Officer, Sirumugai, Coimbatore District.

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...Respondent(s) With

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T.T. Rangasamy, President, Bhavaani Nadhineer Matrum Nilathadi Neer Paadhuhaappuk Kuzhu, (Bhavani River Water and Ground Water Protection Committee) Uma Sankar Nilaiyam, L.S. Puram, Mettuppalayam – 641 301.

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...Applicant(s)

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Versus

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State Government of Tamil Nadu

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Through its Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai

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The Secretary, Ministry of Environment and Forests, Government of Tamil Nadu, Fort St. George, Chennai.

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[3]

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Commissioner,

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Department of Municipal Administration and Water Supply, Government of Tamil Nadu 6^th Floor, Ezhilagam (Annexe Building),

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Chepauk, Chennai 600 005.

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Engineer-in Chief (Water Resources Organisation) And Chief Engineer (General), Public Works Department, Chepauk, Chennai 600 005

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The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 10^th Fllor, NPKRR Maaligai, 144, Anna Salai, Chennai- 600 002

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Chairman, Tamil Nadu Pollution Control Board, No. 76, Mount Road, Guindy, Chennai.

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The District Collector, Coimbatore,

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Superintendent of Police, Coimbatore District, Ram Nagar, Coimbatore- 641 018

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Commissioner, Mettupalayam Municipality. ... Respondent(s)

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With

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D. Satheesh Kumar, S/o K Damodaran, No.2/17, Ramasamy Pillai Street-3, Mahadevapuram, Mettupalayam- 641 305

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...Applicant(s)

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Versus

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State Government of Tamil Nadu Rep. by its Chief Secretary, Fort St. George, Secretariat, Chennai

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The Principal Secretary, Municipal Administration and Water Supply Department, Government of Tamil Nadu, Fort St. George,

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[4]

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Secretariat, Chennai

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The Commissioner, Department of Municipal Administration and Water Supply, Government of Tamil Nadu 6^th Floor, Ezhilagam (Annexe Building), Chepauk Chennai- 600 005

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Engineer in Chief (Water Resources Organisation) & Chief Engineer (General) Public Works Department, Chepauk, Chennai- 600 005

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The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 10^th Fllor, NPKRR Maaligai, 144, Anna Salai, Chennai- 600 002

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Chairman, Tamil Nadu Pollution Control Board, No. 76, Mount Road, Guindy, Chennai- 600 032

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The District Collector, Office of the Collector, Coimbatore- 641 018

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The Chairman, The Tamil Nadu Water and Drainage Authority Board, Beach Road, Ezhilagam Chepauk, Chennai- 600 005.

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... Respondent(s)

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Date of hearing: 28.03.2022.

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CORAM :

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HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

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HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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O.A. No. 10/2017:

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For Applicant(s): Suo Motu by Court. For Respondent(s): Dr. D. Shanmuganathan for R1 to R7. Mr. Sai Sathya Jith for R9 & R10. O.A. No.18/2017:

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[5]

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For Applicant(s): None. For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R5 to R9. Mr. Sai Sathya Jith for R3, R4. O.A. No.58/2017: For Applicant(s): Sri. R. Natarajan. For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R7 to R9. Mr. Sai Sathya Jith for R6. Mr. B. Anand for R9 Mr. Vijay Mehanath for Mr. Abdul Saleem forR5 O.A. No.105/2017: For Applicant(s): Mr. V.S. Senthil Kumar. For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R7, R8. Mr. Vijay Mehanath for Mr. Abdul SaleemforR5. Mr. Sai Sathya Jith for R6.

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JUDGMENT

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O.A. No. 10 of 2017 was suo motu registered by this Tribunal on the basis of the newspaper report published in Times of India, Chennai Edition dated 20.01.2017 under the caption “bhavani River Water unfit for consumption and waste from Mettupalayam Government Hospital ends up in Bhavani River”.

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It is also mentioned in the newspaper report that the main source of contamination of Bhavani River water were found to be untreated sewage water discharged by the industrial units and 28 canals carrying sewage water from Municipality. It was also mentioned in the newspaper report that medical waste was also another source by which Bhavani River water has been contaminated and it was stated that even Mettupalayam Government Hospital did not have any facility to treat the medical waste and they were discharging untreated sewage water into

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[6]

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the river. The waste from the mortuary of the hospital was also discharged into the Bhavani River.

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On the basis of the allegations, this Tribunal was satisfied that there arose a substantial question of environment, admitted the matter and issued notice to the respondents.

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O.A. No. 18 of 2017 was filed by the applicant alleging that there was illegal dumping of domestic waste and discharge of untreated sewage by respondents 6 to 10, namely, Thekampatti Village Panchayat, Mettupalayam Municipality, Oodanthurai Village Panchayat, Jadayampalayam Village panchayat and Sirumugai Town Panchayat into Bhavani River which in turn contaminates the entire river water in the main stream and creates environmental issues.

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It is also mentioned in the application that the Bhavani River is passing through Coimbatore, Tirupur and Erode Districts. It originates on the south west corner of the Nilgiris in the Kunda hills of Tamil Nadu. It is the major tributary of Cauvery River, which is the second largest river in Tamil Nadu. Respondents 6 to 10 are major towns and village panchayat which are situated on the banks of the River Bhavani. The Bhavani Sagar Dam also known as Lower Bhavani Dam was constructed on the bank of the Bhavani River in Erode District. The Dam receives major waste from River Bhavani and from the dam, the water has been separated through canals.

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Farmers of Coimbatore, Tirupur and Erode Districts are using Bhavani River Water for the purpose of cultivation, drinking and other purposes. Certain hydroelectricity generation projects were also located on the banks of river Bhavani and generating power. There was no proper methodology provided for collecting the waste generated and also

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[7]

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treating the sewage generated in the local bodies which resulted in indiscriminate dumping and discharge of these wastes into the River Bhavani contaminating the quality of the water. Though representations were made to the authorities to take appropriate action, no steps were taken by the authorities. So the applicant was compelled to file the

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present application seeking the following interim as well as final reliefs:

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Interim Prayer:

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In these circumstances, it is humbly prayed that this Hon’ble Tribunal may be pleased to grant an order of interim injunction restraining the respondent nos. 6 to 10 from discharging of untreated waste water and dumping solid waste on the bank of “Bhavani River” which is flowing at Coimbatore District and thus render justice pending disposal of the application. Prayer:

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A. Directing the respondents to remove the waste and other substances lying on the bank of Bhavani River which is flowing through Coimbatore District and thus render justice.

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B. Directing the respondent no. 1 to 5 to take an action as against the respondents nos. 6 to 10 and other polluters who are causing pollution on the bank of Bhavani River which is flowing through Coimbatore District and thus render justice.

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C. Directing the respondents 6 to 10 to pay cost of restoration of environment which the applicant is unable to quantify in this present application.

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D. And pass any other orders, which this Hon’ble Tribunal may think fit and proper under the circumstances of the case and thus render justice.

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Respondents 3 and 4 filed their counter statement contending that

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respondents 7 and 8, local bodies are situated on the upstream of Mettupalayam Town having total population of about 11,600 and 3,900 respectively and generates solid wastes of around 2.5T/day and 1T/day respectively. The solid wastes are collected and dumped without any treatment in open land. As per Rule 15(y) of the Solid Waste Management Rules, 2016, every local body shall make an application for grant of authorization for setting up solid waste processing, treatment or disposal facility, if the volume of waste is exceeding five metric tones per day from the Pollution Control Board but they have not filed any

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[8]

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application for authorization. They discharged the sullage and untreated sewage into the river through odai without treatment.

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9^th respondent is located in the downstream of the Mettupalayam town. Population of which is about 9100, the solid waste collected is also dumped in open land and they reiterated the same process to be followed by respondents 7 and 8 filed in application for getting authorization. In respect of other local bodies also, they have also mentioned that they are discharging sullage and untreated sewage water into river Bhavani without treatment.

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Respondents 6, 8 and 9 are located within jurisdiction of Karamadai Panchayat Union, Block Development Officer, Karamadai and the DEE, Tamil Nadu Pollution Control Board, Coimbatore North had addressed the said officer to provide proper waste water collection system with sewage treatment plant to avoid mixing of untreated sewage and sullage into River Bhavani and to follow the procedure under Rule 15 of Solid Waste Management Rules, 2016.

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10.7^th respondent Mettupalayam Municipality is located along the highways leading to Udagamandalam District population of which is about 70,000 and generates solid waste about 35 to 40/T per day which is being collected and converted into organic manure through composting and sold out to farmers. Solid waste processing site is located in survey no 77 part and 78 part of Sikkadasampalayam village, Mettuplayam. Authorization was issued to the solid waste processing facility vide proceeding no. MSW.007/DEE/TNPCB/CBN/2015 dated 21.07.2015 valid up to 20.07.2016. They filed an application for renewal of authorization on 29.08.2016. They were asked to furnish some additional details vide their letter no. F. CBN.001(MSW)/DEE/TNPCB 2017 dated

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[9]

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20.01.2017 and the issuance of authorization is under process. They installed biomethanation plant at Sy. No. 77/2 and 78/1 of Sikkadasampalayam village, Mettupalayam to convert the segregated organic solid waste generated from markets, hotels, restaurants etc into biogas and organic manure. Consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 was issued to the plant with validity upto 31.03.2017. No industrial wastes are disposed into the River Bhavani.

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11.7^th respondent- Mettupalayam Municipality is discharging untreated sewage with sullage into river Bhavani through odai without treatment. The Commissioner, Mettupalayam Municipality was addressed by the DEE, Tamil Nadu Pollution Control Board Coimbatore North vide Lr. No. F. GEN.34/DEE/TNPCB/CBN/COMP/2017 dated 20.01.2017 to provide underground sewerage system with sewage treatment plant and to make application for consent to Tamil Nadu Pollution Control Board. The Commissioner, Mettupalayam Municipality had informed that an amount of Rs. 91.70 crores was sanctioned for implementation of underground sewage system with sewage treatment plant for which Tamil Nadu Water Supply and Drainage Board had prepared DPR and tenders will be floated in two months time. Subsequently directions under Section 33(A) of the Water (Prevention & Control of Pollution) Act, 1974 were issued to Commissioner, Mettupalayam Municipality by the 3^rd respondent by their proceedings no. T13/TNPCB/Compl/1897/CBN/W/2017 dated 14.02.2017 to provide underground sewage system followed by sewage treatment plant on priority basis for the treatment of sewage generated.

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[10]

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12.10^th respondent- Sirumugai Town Panchayat is located on the downstream of Mettupalayam Town the population of which is around 25000 and they generate solid waste of 2.3 T/Day and it was collected and dumped without any treatment in open land at survey no. 148/2 and 189/2. They were searching for suitable site for setting up solid waste management facility.

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13.The 4^th respondent had addressed the Executive Officer, Sriumugai Town Panchayat to strictly follow the Solid Waste Management Rules, 2016 for handling solid waste generated. They were also discharging untreated sewage including sullage into river Bhavani through odai without treatment and directions under 33(A) of the Water (Prevention & Control of Pollution) Act, 1974 were issued to the Executive Officer, Sirumugai Town Panchayat by the 3^rd respondent by their proceeding no. T13/TNPCB/Comp/1987/CBN/W/2017 dated 14.02.2017 to provide UGDSS followed by sewage treatment plant on priority basis for the treatment of sewage generated. They also mentioned that respondents 6 to 10 have to follow the following measures to improve the water quality:

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i. The respondent local bodies 6 to 10 shall immediately comply with the duties and responsibilities of local authorities as notified “ The Solid Waste Management Rules, 2016.

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ii. The respondent local bodies 6^th to 10^th shall implement the UGDSS followed by STP on war footing manner for the treatment and disposal of sewage and sullage generated from their jurisdiction.

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14.They prayed for passing appropriate orders by this Tribunal.

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15.The 6^th respondent filed counter statement denying the allegations regarding pollution caused to Bhavani river on account of any activity of the Panchayat. They also denied the allegation that they were depending upon the Bhavani water for their purposes. They admitted the presence of cottage industries, factories, colleges, hospitals, hotels and other

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[11]

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institutes in that area. They denied the allegation of continuous discharge of untreated sewage into the river Bhavani and contaminating the water. They further stated that they have taken all necessary steps to protect the water bodies within their area. They contended that there was no contribution made by them for causing damage to the river Bhavani and they prayed for dismissal of the application.

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16.7^th respondent filed reply affidavit stating that it is a selection grade municipality with a population of 69213 as per 2011 census having an area of 7.20 sq.km. They are drawing 8.74 MLD of water from the river and supplied to town on alternate days.

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17.The municipal drains discharges into the Bhavani River. However, in order to arrest the pollution of the river, the Government vide G.O Ms. No. 389 dated 09.09.2016 has sanctioned an underground drainage scheme to Mettupalayam Municipality at an estimate of Rs. 91.74 crores and the work has been entrusted to Tamil Nadu Water Supply and Drainage Board and the tenders have also been floated for this purpose.

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18.The Mettupalayam Head Works is situated at Samanna at the banks of the river Bhavani and it is located more than 1.50 km upstream the Bhavani River from the place where the drains discharge into the river. There are three schemes functioning, one was functioning since 1948 with a designed quantity of 2.00MLD. The raw water is pumped to the sedimentation tanks which are three in number using a 15HP motor, Alum is mixed with water and then filtered by three filter beds. With proper chlorination the clear water is pumped to feeder mains with 30HP pump set.

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19.In the year 1963 a combined water supply scheme was commissioned to cater the needs of the Mettupalayam Municipality, Karamadai Town

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[12]

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Panchayat and Government of India Press Colony for a designed quantity of 5.50 MLD. In this scheme the raw water is pumped directly from the river Bhavani and stored in the raw water sump by using 25HP pump set. The raw water is then filtered by mixing Alum and impurities are removed through C1ariflocculator. The water is then filtered in three filter beds and then chlorinated and pumped by 60 HP motor to GLSR tank situated at Bungalowmedu.

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20.In the year 2001 taking into account of population estimate of future 30 years, a new scheme was commissioned for designed capacity of 7.50 MLD. In this scheme a 70 HP submersible motor is used to pump raw water from open well from the beds of Bhavani River. They have also explained the method by which the water is being purified before it being distributed to different parts of the town. In the above three schemes 8.74 MLD of drinking water is pumped daily and stored in the tanks at four places. From the tanks, it is distributed to different wards. Since, the underground sewage schemes have been sanctioned and once put into operations, only treated water will be let out into the river. Hence the shifting of the Head works to Vilamarathur was not followed

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upon. Bhavani River is treated and made potable and safe before it is being distributed to people. So they prayed for passing appropriate orders accepting their contentions.

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21.8^th respondent has filed counter denying most of the allegations made in the application. They also explained the method by which they are extracting the water from the Bhavani River and using the same before it is being distributed to the people. They denied the allegation of discharging any untreated effluent from the industries in the river. They

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[13]

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have also mentioned that they have taken steps to avoid pollution being caused to the Bhavani River.

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22.9^th respondent also filed reply affidavit more or less reiterating the contentions raised by other local bodies and they also denied the allegation made in the application regarding their contribution of pollution to river Bhavani.

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23.10^th respondent also filed counter affidavit stating that the discharge sewage water is not collected and treated as there was no underground sewage system and sewage treatment plant was not established in Sirumugai. In order to rectify the said issue and considering the welfare and interest of Sirumugai, a joint report and a proposal for an estimated amount of Rs. 5,00,18,000/- was submitted to the Director of Town Panchayats, Chennai for the purpose of implementing “Liquid Waste Management Scheme” which will be the only solution to remedy the situation.

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24.The 7^th respondent had filed a status report more or less reiterating the contentions raised by other in their counter statement and also the steps taken by them for that purpose.

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25.O.A. No. 58 of 2017 was filed by another applicant more or less alleging same allegations regarding the pollution being caused to the River Bhavani due to dumping of waste and also discharge of untreated sewage into the river. Since no action was taken by the authorities to redress the grievance, they filed the application seeking the following reliefs:

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(a) To eliminate the supply of polluted water to the citizens of the towns/Villages, viz., (1) Mettupalayam, (2) Tirupur, (3) Karamadai (4) Sikkadasampalayam, (5) Jadayampalayam and (6) Sirumugai Besides the water supply scheme for (1) Annur-Avinashi-Sulur project and (2) southern railways by supplying drinking water to these villages from Vilamarathur near Nellithurai through closed pipeline;

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(b) To allow in the Bhavani River the critical water flow of 200 cusecs per day to enable the living environment of the people, animals and

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[14]

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birds in the riparian villages, despite the existence of the two electrical projects or by closing down these two non-viable projects and

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(c) To prevent the sewage of the nearby towns and factories from polluting the waters of Bhavani and Kallaru rivers and divert them away and make use of them for some other purposes.

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26.In this case also the Pollution Control Board filed a statement raising more or less similar contentions made in their counter statement in O.A. No. 18 of 2017. They have further mentioned that there are 12 papers industries located in Sathyamangalam Taluk near Bhavanisagar and they have provided Effluent Treatment Plant to treat the effluent generated from the process and mostly the treated effluent is reused in the process and some quantity is discharged on land for irrigation purpose. No industry is permitted to discharge untreated/treated effluent into river Bhavani. There are 42 nos. of dyeing and bleaching industries in operation in Bhavani Taluk and they are located within a distance of 5 kms from river Bhavani. They have also provided individual effluent treatment plant as adopting zero liquid discharge system. As many as 16 numbers of dyeing industries which operated in Bhavani Taluk were issued with closure direction and disconnection of power supply by the Board as they violated the ZLD norms. Two Municipalities, namely,

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Sathyamangalam and Bhavani and two town panchayats and several villages are located along side the river. None of the local bodies have provided STP for treatment of sewage generated within their jurisdiction and they are discharging the untreated sewage directly or indirectly into the river Bhavani. They are regularly collecting water samples from River Bhavani at the following places 1) Bhavanisagar, 2) Sathyamangalam, 3) Appakudal and 4) Bhavani and the analysis report showed that TDS in the water ranges from 84mg/l to 472mg/l and BOD ranges from <2.0mg/l to 3mg/l and all the parameters are within the

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drinking water standard except pH which is slightly exceeding the norm in 4 samples.

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27.They have also mentioned the number of industries that are situated and the nature of treatment system provided and regulation mechanism that is being carried on by them. Whenever they found certain irregularities they proceeded to issue necessary proceedings. They also found that fecal coliform in both upstream and downstream of Mettupalayam Town but no fecal coliform was found in the drinking water. The drinking water satisfies the standard and the heavy metals were also within the permissible limit as regards the power stations are concerned. They also reiterated the contentions raised by them in other cases regarding the directions issued to the Mettupalayam Municipality under Section 33(A) of the Water (Prevention & Control of Pollution) Act, 1974 for providing underground sewage system. They prayed for passing appropriate orders accepting their contentions.

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28.5^th respondent filed reply affidavit denying the allegations of contribution of any pollution on account of their activities to River Bhavani.

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29.Applicant filed rejoinder to the counter filed by the 5^th respondent denying the allegations and reiterating their averments in the application regarding the pollution being caused on account of the activities of the 5^th respondent. The applicant also filed rejoinder to the counter filed by the 9^th respondent.

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30.O.A. NO. 105 of 2017 was filed by another applicant more or less raising same allegation of damage to River Bhavani being caused on account of non-compliance of Solid Waste Management Rules and nontreatment of sewage generated in Mettupalayam Municipality. It was

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[16]

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also alleged that due to contamination caused to water, the health of the people has been affected in that area. They also submitted that actions were not taken by the authorities. So they filed the application seeking the following reliefs:

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It is therefore prayed that this Hon’ble Tribunal may be pleased to pass an order directing the 2^nd respondent to implement the ROC No. 36378/2014/UGSS-1 dated 26.07.2016 and consequently take effective measures from preventing the letting in of drainage and effluents in the river Bhavani and to direct all the respondents to remove the check dams constructed in the river Bhavani and pass such appropriate order as this Hon’ble Tribunal may deem fit and pass such further or other orders as deem fit and proper in the circumstances of the case and thus render justice.

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Mettupalayam Municipality has filed a counter more or less reiterating

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the same contentions raised by them in the connected cases.

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32.Others have not filed any statement.

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33.As per order dated 02.01.2020, after considering the pleadings in all these cases considered the report submitted by the Tamil Nadu Water Supply and Drainage Board which reads as follows:

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1	Name of Scheme Name of the Division Name of the Executive Engineer Mobile No	Under Ground Sewerage Sc Mettupalayam Municipality in District. Sewerage Division, Kuniyam Er. A.Muthaiya, B.E., 9042862861	heme to Coimbatore uthur.
	Beneficiary	Mettupalayam Municipality
	Population and Requirement	Population Benefitted (In Lakh)	Sewage in MLD
		Present (2017) Inter (2032) Ultimate (2047)	Inter (2032) Ultimate (2017)
		0.715 0.773 0.836	8.65 9.40
2	Administrative Sanction	GO.(D) No. 389 /MA&WS (M dt.09.09.2016 - Rs.91.70 cro Rs 97.50 Lakhs to maintain	A3) dept / res to install and annually.
3	Technical Sanction	CE/CBE No: 11/2016-17 dt. 91.70 crore	24.02.2017 for Rs
4	Date of Work Order	1. Package - I:CE/ TWA Coimbatore : Work O to MTP Mpty Packag (T1)/CE/CBE/2018/D 2. Package – II:CE/ TW Coimbatore : Work O to MTP Mpty packag (T1)/CE/CBE/2018 / 3. Package – III:CE/ TY Work Order No. F. U package–III / SDO (	D Board / rder No. F. UGSS e – I / SDO t: 09.04.2018. AD Board / rder No. F. UGSS e – I / SDO Dt: 09.04.2018. WAD Board / Cbe GSS to MTP Mpty T1)/CE/Cbe/2018 /

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		dt: 16.08.2018
5	Agreement No / date / Value & Period	1. Pac – I : Agt No CE/CBF/no 4/18-19/dt. 04.05.2018 Rs 29.34 Cr/30 + 6 Months. 2. Pac – II: Agt No CE/CBF/no 5/18- 19/dt.04.05.2018 Rs 37.46 Cr/30 + 6 Months. 3. Pac – III: Agt No CE/Cbe/no 15/18- 19/dt.12.09.2018 Rs13.788 Cr/30 + 6 Months.
6	Date of Commencement of Work	For Pac-I & II –24.04.2018& Pac-III – 12.09.2018
7	Name of Contractor	Package I: M/s. VVV Construction Private Limited, AnnaiSathya Nagar main Road, Nesapakkam, Chennai – 600 078 Package II: M/s. Keyem Engineering Enterprises, Kamaraj Nagar, Thiruvanmiyur, Chennai – 600 041 PackageII: R.Velumani,Avinashi

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Sl Physicalprogressofwork Financial Progress in Scheduled
No Lakhs date
Name Progressup Balance % Total Expend % ofcompleti
ofthe to 26.12.19 Cost itureup on
work to
26.12.1
9
PhysicalPr
ogress
CollectionS
ystem
I Package I
SewerLine
1 31821 12580 19241
(Mts.)
Manholes(
2 1342 833 509
Nos.)
HouseServ
3 iceConnect 10205 1580 8625
ion (Nos.)
35%
RoadResto Package I
ration 10/2020
4 31821 31821
Works
(Meter)
Pumpingm S-5184 L- S-2515
5 7699
ain (Kms.) 1010 L-6689
Pumping I No
6 Station 3 Completed 2
(Nos.) 1 no. u/p Rs 1893.2
22.2
Lifting 3 Nos 91.70 9
5%
7 Station 7 completed 1 4 Lakhs Lakhs
(Nos.) No u/p
II Package II
Sewer Line
1 47814 22000 25814
(Mts.)
Manholes
2 1977 1315 662
(Nos.)
HouseServ
3 iceConnect 6795 1700 5095 56.8
ion (Nos.) %
Package
Road
II 10/2020
Restoration
Works
4 47814 9000 m 38814
(Meter)
Stoneware
Line
Pumpingm S-1000
5 6209 S-5209
ain (Kms.) L 900

¶155

[18]

¶156

				L-5309
6	Pumping Station (Nos.)	3	2 no completed	1
7	Lifting Station (Nos.)	1	Base slabcomplet ed	1
III	Sewerage Treatment Plant – 8.65 mld SBR Method				26%	Package III – 3/2021
1	Sequential Batch Reactor		SBR-4^thlift Steel Fabrication
2	Primary Treatment
	Inlet Chamber	1	PCC Completed	1
	Grit Chamber	1	Footing in progress	1
	Distribution Chamber	1	Earth work completed	1

¶157

34.Thereafter, this Tribunal passed the following order:

¶158

It is seen from the progress report that the work is going on at a snail’s pace and only 26% of the work has been completed, inrespect of package 3 and for package I and II, 22.25% have been completed. As per the project report, it was expected to be completed by 10.10.2020, and March 2021 respectively.

¶159

There is no right for any party to discharge untreated sewage into water body and contaminate the water body and state has duty to provide clean water, air and environment which is required for a decent right to life enshrined under Article 21 of the Indian Constitution of India. Even under Article 48 A of the Constitution of India, the state has a duty to protect environment” and they will have to see that the water bodies are properly protected against contamination. They are expected to provide clean water as well. The statutory bodies, authorities of the state and pollution control Board are expected to curtail pollution being caused by the industrial units by discharging untreated effluent in to the water bodies which itself is a crime under the Water (Prevention and Control of Pollution) Act, 1974. Though there was a direction to ascertain the number of industrial units which are functioning on the banks side of the river Bhavani and was responsible for discharging untreated trade effluents into the river, and submit a status report, no such detailed report is seen filed so far. Though the Mettupalayam Municipality has undertaken the work to construct underground sewage system to prevent untreated sewage being drained out into Bhavani river and such process is going on since 2017, so far the steps taken by them are not satisfactory. The Principal Bench of National Green Tribunal Delhi while considering OA 606 / 2018 has by a recent order directed the local bodies

¶160

[19]

¶161

to complete the construction of Sewerage Treatment Plant (STP) and ETP to manage the sewage system with shorter time limit and directed them to complete the same before March 2020, which the local bodies are expected to comply as failing which penal consequences as per Act will have to follow. Under such circumstances we constitute a committee consists of District Collector Coimbatore, The Commissioner Mettupalayam Municipality, Central Pollution Control Board and State Pollution Control Board to oversee the quality of water in Bhavani river and steps taken and ensure that the neither the industrial units nor the local bodies are discharging untreated effluent / sewage into the Bhavani river, so as to contaminate the water quality in the river. They are also directed to inspect the industrial units and find out whether any of the industries are discharging their trade effluent without treating the same either in to the drain or into the river. The above committee is directed to test the water quality of Bhavani river throughout the stretch and find out its quality and if it is not to the extent of potable drinking water standard, then suggest the remedial measures to achieve the same and if there are any violators, take appropriate action again those violators including prosecution, closure of such unit and imposing environmental compensation as directed by this Tribunal in several cases of similar nature, and submit a consolidated and cumulative report of status and action taken within a period of three months. The local bodies are also directed to comply with the directions given by the Principal Bench, New Delhi in this regard and submit a status report before the next hearing date.

¶162

The Municipalities are also directed to fix shorter time line and see that the process is completed within the time frame fixed by the Principal Bench, New Delhi in this regard.

¶163

35.As per this order a Joint Committee was constituted and they have been directed to file a report. The matter was taken up on 10.08.2020 and this Tribunal considered the report submitted by the Joint Committee extracted in Para 4 of the order which reads as follows:

¶164

“ REPORT OF THE JOINT COMMITTEE CONSTITUTED

¶165

BY THE HONOURABLE NGT SOUTH ZONE IN THE MATTER OF O. A. NO. 10, 18, 58 AND 105 OF 2017 SUBMITTED BEFORE THE HONOURABLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI, AS PER THE ORDERS DATED JANUARY 2, 2020 AND JUNE 8, 2020

¶166

1.0 Background

¶167

The Hon’ble National Green Tribunal, Southern Zone, Chennai in O.A. No. 1 0, 18, 58 and 105 of 2017 has directed as follows in its order dated: 02.01.2020;

¶168

“….we constitute a committee consists of District Collector Coimbatore, The Commissioner Mettupalayam Municipality,

¶169

[20]

¶170

Central Pollution Control Board (CPCB) and State Pollution Control Board to oversee the quality of water in Bhavani river and steps taken and ensure that the neither the industrial units nor the local bodies are discharging untreated effluent /sewage into the Bhavani river, so as to contaminate the water quality in the river. They are also directed to inspect the industrial units and find out whether any of the industries are discharging their trade effluent without treating the same either in to the drain or into the river. The above committee is directed to test the water quality of Bhavani river throughout the stretch and find out its quality and if it is not to the extent of potable drinking water standard, suggest the remedial measures to achieve the same and if there are any violators, take appropriate action again those violators including prosecution, closure of such unit and imposing environmental compensation as directed by this Tribunal in several cases of similar nature, and submit a consolidated and cumulative report of status and action taken within a period of three months. The local bodies are also directed to comply with the directions given by the Principal Bench, New Delhi in this regard and submit a status report before the next hearing date.

¶171

The Municipalities are also directed to fix shorter time line and see that the process is completed within the time frame fixed by the Principal Bench, New Delhi in this regard…”

¶172

In compliance to the NGT direction, the committee was constituted with the following officials:

¶173

1. Thiru. K.Rajamani, I.A.S ., District Collector, Coimbatore.

¶174

2. Dr. P.Asokan, JCEE(M), TNPCB, Coimbatore

¶175

3. Tmt. PoornimaB.M., Scientist D, CPCB, RD(S) – Bengaluru

¶176

4. Thiru. S.S.Sureshkumar, Municipal Commissioner, Mettupalayam Municipality, Mettupalayam.

¶177

The District Environmental Engineer, Coimbatore North, Tamil Nadu Pollution Control Board (TNPCB) co-ordinated with the committee members through the monitoring. Tmt. D. Jeyalakshmi, DEE and Thiru.S. Neelamegam, AE were also present during inspection and monitoring.

¶178

The first meeting of the Joint Committee was held on 05.03.2020 at the District Collectorate, Coimbatore, the committee finalized to carry out the inspection on 17.03.2020 and 18.03.2020. The minutes of the meeting is enclosed as Annexure 1.

¶179

The District Collector issued letter to all the industries located on the basin of the River Bhavani, Government Hospital (GH), Mettupalayam, Government Urban Primary Health Centre(GUPHC), Mettupalayam and to the Mettupalayam local body seeking an explanation for discharging their effluent and sewage into the drain / River Bhavani. The copies of the letters are attached as Annexure 2 and the replies submitted by industries and others are annexed as Annexure 3.

¶180

2.0 Inspection and monitoring as per the directions of Hon’ble NGT

¶181

The Joint Committee inspected and monitored River Bhavani Stretch, major drains joining River Bhavani, Solid Waste dumpsite and proposed Sewage Treatment Plant (STP) site on March 17, 2020. The Government Hospital Mettupalayam and seven industries located on the basin of the River Bhavani were inspected on March 18, 2020.

¶182

[21]

¶183

2.1 Monitoring of River Bhavani

¶184

The committee inspected the River Bhavani Stretch on 17.03.2020 from Vilamarathur (upstream of Mettupalayam) to Koothamandipirivu (downstream of Mettupalayam) covering about 30 Km. During inspection the flow of the river was moderate and observed that, the major drains carrying sewage generated from the Mettupalayam Municipality was directly discharged into the river. The river water samples at seven locations from the downstream of the drains joining the River Bhavani were collected and analysed in the Advanced Environmental Laboratory, TNPCB, Salem. The results are tabulated in the table below:

¶185

S. No.	Parameters	Unit	BR-01	BR-02	BR-03	BR-04	BR-05	BR-06	BR-07
1	Turbidity*	NTU	12	9	14	12	12	15	20
2	Colour*	ml	<5	<5	<5	<5	<5	<5	<5
3	Conductivity at 25°c	µmhos/ cm	62	69	104	100	73	80	200
4	pH at 25°c	Number	6.84	6.92	7.10	7.25	7.31	6.81	8.61
5	Total Suspended Solids at 103°C - at 105°C	mg/l	4	20	24	8	28	32	36
6	Total Dissolved Solids at 180°C	mg/l	52	54	76	72	60	68	152
7	Chloride as Cl	mg/l	10	10	14	13	10	13	22
8	Sulphate as SO4	mg/l	<5	<5	<5	<5	<5	<5	<5
9	Oil and Grease	mg/l	<4	<4	<4	<4	<4	<4	<4
10	BOD (at 27°C for 3 days)	mg/l	<2	<2	<2	<2	<2	<2	2.2
11	COD	mg/l	8	8	16	16	8	8	16
12	Manganese*	mg/l	<0.01	<0.01	<0.01	<0.01	<0.01	<0.01	<0.01
13	Ammonical Nitrogen as NH3-N	mg/l	<2	<2	<2	<2	<2	<2	<2
14	Total Kjeldahl Nitrogen	mg/l	<2	2.24	<2	<2	<2	<2	2.24
15	Fluoride as F	mg/l	0.398	0.023	0.201	0.467	0.392	0.092	0.005
16	Ph. Compounds	mg/l	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05
17	% Sodium	%	37	39	40	38	27	26	28
18	Total Hardness as CaCO3	mg/l	38	26	34	34	26	30	76
19	Alkalinity as CaCO3	mg/l	20	20	40	36	48	42	96
20	Ph. Alkalinity*	mg/l	<1	<1	<1	<1	<1	<1	16
21	Nitrate Nitrogen as NO3	mg/l	0.05	0.036	0.064	0.029	0.014	0.050	0.036
22	Nitrite Nitrogen as NO2	mg/l	0.002	0.009	0.011	0.036	0.006	0.014	0.023
23	Phosphate as PO4	mg/l	0.032	0.014	0.023	0.056	0.019	0.037	0.042
24	Cyanide	mg/l	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05
25	Calcium as Ca	mg/l	4.0	4.0	8.0	6.4	5.6	4.8	16
26	Magnesium as Mg	mg/l	6.8	3.8	3.4	4.3	2.9	6.4	8.7
27	Sodium as Na	mg/l	10.8	7.8	11.1	9.8	4.5	5.1	14.1
28	Potassium as K	mg/l	1.1	1.0	1.6	1.4	0.8	1.0	2.7
29	Iron Total as Fe	mg/l	0.242	0.419	0.177	0.223	0.279	0.521	0.084
30	Free Ammonia*	mg/l	<1	<1	<1	<1	<1	<1	<1
31	Boron*	mg/l	<0.002	<0.002	<0.002	<0.002	<0.002	<0.002	<0.002
32	Hexavalent Chromium	mg/l	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05
33	Total Residual Chlorine*	mg/l	<1	<1	<1	<1	<1	<1	<1
34	SAR*	mg/l	0.8	0.7	0.8	0.7	0.4	0.4	0.7
35	Total Chromium	mg/l	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05

¶186

[22]

¶187

36	Copper*	mg/l	<0.0015	0.2123	0.1123	<0.0015	<0.0015	<0.0015	0.337
37	Zinc*	mg/l	<0.0015	0.0179	<0.0015	<0.0015	<0.0015	<0.0015	0.289
38	Lead*	mg/l	<0.015	<0.015	<0.015	<0.015	<0.015	<0.015	<0.015
39	Cadmium*	mg/l	<0.0008	<0.0008	<0.0008	<0.0008	<0.0008	<0.0008	<0.0008
40	Nickel*	mg/l	<0.006	<0.006	<0.006	<0.006	<0.006	<0.006	<0.006
41	Dissolved Oxygen	mg/l	6.5	6.6	6.5	6.5	6.8	6.5	6.0
42	Feacal Coliform*	MPN/ 100ML	17	32	21	17	11	14	31
43	Total Coliform*	MPN/ 100ML	49	94	47	39	26	32	84

¶188

Note: BR-01: Mr. Kittu’s Thottam, Vilamarathur, BR-02-Badrakaliamman Koil, BR-03-Near Samanna Water Tank and Mettupalayam Municipality Water Pumping station (confluence point of Uppupallam Odai), BR-04 - V.O.C Street, Ward No.5 (After confluence of Srirengarayan Odai), BR-05-Arulmigu Sithi Vinayagar Temple in Alangombu, BR-06- Near Subramaniyar Koil in Sirumugai and BR-07-Sirumugai water pumping station at Koothamandipirivu

¶189

From the above table, it clearly shows that there is discharge of sewage from the Mettupalayam Municipality and Sirumugai Town Panchayat, due to the presence of Fecal coliform in all seven locations. Since the river water flow was moderate during monitoring, the sewage contamination is not visible in the results due to river water dilution. Other parameters are within the permissible limits for drinking water standards except Copper which is slightly higher than the drinking water standards in 3 locations, which may be due to natural geographical condition.

¶190

On behalf of Mettupalayam Municipality, Tamil Nadu Water Supply and Drainage Board (TWAD) submitted the status report on the progress of the Under Ground Sewage Scheme (UGSS) before the Hon’ble NGT (SZ) in its hearing on02.01.2020. It was informed that the works are expected to be completed by the end of March 2021 and the same is recorded in the Hon’ble NGT (SZ), Chennai in its order dated: 02.01.2020. At present, the Commissioner Mettupalayam Municipality has submitted an undertaking to the Chairman of the Joint Committee/ District Collector in letter dated: 29.05.2020 assuring to complete the constructions of STP and UGSS by the June 2021 and to make operational by the June 2021. The letter from Commissioner Mettupalayam Municipality is attached as Annexure 4 .

¶191

2.2 Government Hospital, Mettupalayam

¶192

Government Hospital (GH), Mettupalayam is located adjacent to the River Bhavani. GH has obtained consent to operate and subsequent renewal consent of TNPCB vide Proc.No.F.1000CBN/OS/DEE/TNPCBCBN/W&A/2018 dated 12.09.2018 with validity period up to 31.03.2020. GH has also obtained Authorization under the Biomedical Wastes Management Rules, 2016 vide Proc. No. F.1000CBN/BWA/OS/DEE/TNPCB/CBN/2016 dated: 27.04.2019 with validity period up to 31.03.2020. GH was supposed to apply for renewal of consent and authorization. However due to pandemic COVID-19 situation prevailing in the State, TNPCB has extended the validity of consent to operate and authorization up to 30.06.2020 and further extended up to 30.09.2020 vide Chairman’s order dated 01.04.2020 and 01.07.2020 respectively.

¶193

The Government Hospital, Mettupalayam has not provided Sewage Treatment Plant for treating the liquid waste

¶194

[23]

¶195

generated from the floor washing of wards, operation theatre, dialysis ward, toilets and canteen. During inspection it was informed by the GH authority that the liquid waste generated is first taken into a drum and disinfected with 5% hypochlorite solution giving 5 minutes retention time and then discharged into sewers/drains. However it was noticed that the drums were empty and no sign of dosing was observed. GH has constructed two lines inside the premises, one for the storm water and another for discharging the liquid wastewater. The untreated liquid wastewater is discharged into a public sewer which finally joins the River Bhavani. During inspection, sample from the drain discharging liquid waste was collected and analysed in the Advanced Environmental Laboratory, TNPCB, Coimbatore. The results are tabulated in table below.

¶196

S.No.	Parameters	Unit	Standards	Drain near Mortuary
1	pH @ 25°C	--	5.5-9	8.24
2	Total Suspended Solids(TSS)	mg/l	100	446
3	Oil and Grease	mg/l	10	15
4	BOD for 3 days @ 270C	mg/l	30	160
5	COD	mg/l	250	944
6	Ammonical Nitrogen	mg/l	50	34.7
7	Total Nitrogen	mg/l	--	0.41

¶197

From the above table, TSS, Oil and Grease, BOD and COD are not meeting the standards prescribed by TNPCB for discharging trade effluent into inland surface water. Hence, it is evident that Government Hospital, Mettupalayam is discharging untreated trade effluent into public sewer which finally reaches River Bhavani.

¶198

The Chief Medical Officer, Government Hospital, Mettupalayam has submitted an undertaking to the Chairman of the Joint Committee/ District Collector in letter dated: 11.03.2020, assuring to provide Sewage Treatment Plant in hospital premises and also requested the Public Works Department for construction of STP. It was also informed that GH, Mettupalayam is meeting all the required criteria for National Quality Certification for Government Hospitals. The letter from GH, Mettupalayam is attached as Annexure 5 .

¶199

2.3 Government Urban Primary Health Centre, Mettupalayam

¶200

Government Urban Primary Health Centre (GUPHC), Mettupalayam has obtained consent to operate from TNPCB

¶201

[24]

¶202

vide Proc. No. F.1658CBN/OS/DEE/TNPCB/CBN/W&/2019 dated 01.05.2019 with validity period up to 31.03.2029 and also obtained Authorization under the Biomedical Wastes Management Rules, 2016 vide Proc. No. F.1658CBN/BWA/OS/DEE/TNPCB/CBN/2016 dated 05.05.2019 with validity period up to 31.03.2029.

¶203

Earlier biomedical wastes generated from GUPHC was disposed in concrete pits inside the premises. At present, GUPHC has an agreement with the M/s. Teknotherm Industries (Common Biomedical Waste Treatment Facility) for the disposal of bio medical waste generated. The Mettupalayam Government Urban Primary Health Centre has provided septic tank to dispose the liquid waste after necessary disinfection and sewage. There was no discharge of sewage and trade effluent either into drain or into River from the UPHC.

¶204

2.4 Mettupalayam Municipality

¶205

Mettupalayam Municipality is located along the highway leading to Udhagamandalam District with a population of 70,000.As informed by the Municipality officials, around 35 to 40 tons of solid waste is generated per day. Solid waste generated is collected, segregated and treated through composting and the compost thus generated is sold to farmers. The solid waste processing facility located at Survey Nos. 77 part and 78 part of Sikkadasampalayam Village, Mettupalayam have a capacity of 35 Tons per day. The Mettupalayam Municipality has obtained Authorization under the Solid Waste Management Rules, 2016 vide Proc. No. DEE/TNPCB/CBN/MSW-001/2018 dated 30.01.2018 with validity period of five years (i.e. 29.01.2023).

¶206

The Mettupalayam Municipality has installed Biomethanation plant at SF Nos.77/2 and 78/1 of Sikkadasampalayam village, Mettupalayam to convert the segregated organic waste generated from markets, hotels, restaurants etc to Biogas and organic manure. Consent to operate under both the Water (P&CP) 1974 and the Air (P&CP) Act 1981 was issued to the plant with validity up to 31.03.2017 and subsequent renewal was issued to the plant with validity up to 31.03.2019.During inspection, the Biomethanation plant

¶207

[25]

¶208

was not in operation. The Municipality is yet to apply for the renewal of consent and authorization.

¶209

The Mettupalayam Municipality is discharging untreated sewage with sullage into River Bhavani through odai (natural drain). The Commissioner, Mettupalayam Municipality was addressed by the DEE, TNPCB, Coimbatore vide Lr. No. F.GEN.34/DEE/TNPCB/CBN/COMP/2017 dated 20.01.2017 to provide the details about the UGSS, Sewage Treatment Plant (STP) and to submit the applications for Consent to Operate (CTO). The Mettupalayam Municipality has started the construction of UGSS and STP without obtaining the CTE from TNPCB. The Mettupalayam Municipality had submitted online application for Consent to Establishment (CTE) of STP. However, the application was returned to the Mettupalayam Municipality for additional details. Without obtaining CTE, the Municipality has started excavation work for the UGSS followed by construction of STP. During inspection the construction of UGSS and collection wells were under progress. The STP construction site was also visited and observed that around 60% of the works was completed.

¶210

The Commissioner Mettupalayam Municipality has submitted an undertaking to the Chairman of the Joint Committee/ District Collector in letter dated: 29.05.2020, assuring to complete the construction of STP and UGSS and to commission the same by the June 2021. The Commissioner Mettupalayam Municipality has also requested not to levy Environmental Compensation (EC) for the discharge of untreated sewage. The letter received from the Commissioner Mettupalayam Municipality is attached as Annexure 4 .The status report of construction of UGSS furnished by Commissioner Mettupalayam Municipality is as below:

¶211

¶212

Name of Scheme	Under Grou Municipalit	nd Sewerage y in Coimbat	Scheme to Me ore District	ttupalayam
Name of the Division	Sewerage	Division, Ku	niyamuthur.
Name of the Executive Engineer	Er. A.Mut	haiya, B.E.,
Mobile No	904286286	1
Beneficiary	Mettupala	yam Municip	ality
Population and Requirement	Population	Benefited (I	n lakhs)	Sewage i	n MLD
	Present	Inter	Ultimate	Inter	Ultimate
	(2017)	(2032)	(2047)	(2032)	(2017)
	0.715	0.773	0.836	8.65	9.40

¶213

[26]

¶214

2	Administrative Sanction	GO.(D) No. 389 /MAandWS (MA3) dept / dt.09.09.2016 - Rs.91.70 crores to install and Rs 97.50 Lakhs to maintain annually.
3	Technical Sanction	CE/CBE No: 11/2016-17 dt.24.02.2017 for Rs 91.70 Crore
4	Date of Work Order	1.Package - I:CE/ TWAD Board / Coimbatore : Work Order No. F. UGSS to MTP Mpty Package – I / SDO (T1)/CE/CBE/2018/Dt:09.04.2018. 2.Package – II:CE/ TWAD Board / Coimbatore : Work Order No. F. UGSS to MTP Mpty package – I / SDO (T1)/CE/CBE/2018 / Dt:09.04.2018. 3.Package – III:CE/ TYWAD Board / Cbe Work Order No. F. UGSS to MTP Mpty package – III SDO (T1)/CE/Cbe/201/dt: 16.08.2018
5	Agreement No / date / Value and Period	1.Pac – I : Agt No CE/CBF/no 4/18-19/dt. 04.05.2018 Rs 29.34 Cr/30 + 6Months. 2.Pac – II: Agt No CE/CBF/no 5/18- 19/dt.04.05.2018 Rs 37.46 Cr/30 + 6 Months. 3.Pac–III:AgtNoCE/Cbe/no15/18-19/dt.12.09.2018 Rs13.788 Cr/30 + 6 Months
6	Date ofCommencement ofWork	For Pac-I and II –24.04.2018and Pac-III –12.09.2018
7	Name of Contractor	1. Package I: M/s. VVV Construction Private Limited, Annai Sathya Nagar, Main Road, Nesapakkam, Chennai – 600 078. 2. Package II: M/s. Keyem Engineering Entgerprises, KamarajNagar, Thniruvanmayur, Chennai – 600 041 3. Package II: R.Velumani,Avinashi

¶215

S.N o		Physical	progress of wor	k		Financial Pr	ogress in Lakshs		Scheduled date of completion
		Name of the work	Progress up to 09.07.2020	Balance	%	Total Cost	Expenditure up to 30.06.2020	%
	Physical Progress
	Collection System
I	Package
1	Sewer Line (Mts.)	3182 1	15847	16074
2	Manholes ( )Nos.	1342	990	352
3	House Service Connnection (Nos)	1020 5	1788	8417	47
4	Road Restoration Works (Meter)	31821	2800	29021	%				Package I 01/2021
5	Pumping Main(Kms)	7699	1465	6234		Rs.91. 7 Lkh	2478.48 Lakhs	31%
6	Pumping Station (Nos)	3	1 No Complete d 1 no.u/p.	2		as
7	Lifting Station(Nos)	7	4 completed	3
II	Package				58
1	Sewer Line (Mts.)	4781 4	28245	19569	%				Package II 01/2021
2	Manholes ( ) Nos.	1977	1519	458

¶216

[27]

¶217

3 House
6795 1946 4849
Service
Connection
(Nos)
4 Road 4781 14635 33179
Restoration 4
Works
(Meter)
5 Pumping
6209 1268 4941
Main (Kms)
6 Pumping 3 2 no 1
Station (Nos) Completed,
1 u/p
7 Lifting 1 1Completed
Station (Nos)
III Sewage 56% Package III – 6/2021
Treatment
Plant – 8.65
mld SBR
Method
1 Sequential Civil work
batch completed ,
Reactor Mechanical
equipment
order
placed
2 Primary
Treatment
Inlet 1 Civil work
Chamber completed ,
Mechanical
equipment
order
placed
Grit 1 Civil work
Chamber completed ,
Mechanical
equipment
order
placed
Distribution 1 Civil work
Chamber completed ,
Mechanical
equipment
order
placed

¶218

From the progress report, it is observed that for Package I and II (Construction of UGSS, Manholes etc.) 52.5 % of the work has been completed and Package III which is the construction of STP, 56 % of the work has been completed. The same was verified during inspection and photographs are attached as Annexure 6 .

¶219

2.5. Sirumugai Town Panchayat Sirumugai Town Panchayat is located in the downstream of the Mettupalayam Town and Bhavani River. At present the population of the Panchayat is about 25000.As informed, the Town Panchayat generates about 2.3 TPD of solid waste. Solid waste generated from the entire town is collected and dumped without any treatment in open land. The Town Panchayat is under the process of finding suitable land to set up solid waste processing facility. The Executive officer, Sirumugai Town Panchayat has been addressed by DEE, TNPCB, Coimbatore North to follow the provisions of “the Solid Waste Management Rules 2016” for handling of solid wastes generated. However, the Town Panchayat is under the process of setting up waste processing, treatment and disposal facility with capacity of less than 5 T/day which is exempted from obtaining consent and

¶220

[28]

¶221

authorization from the TNPCB as per the Solid Waste Management Rules, 2016.

¶222

The Town Panchayat is discharging untreated sewage including sullage into River Bhavani through odai (natural drain) without treatment. A direction under section 33A of the Water (P&CP) Act 1974 as amended was issued to the Executive officer, Sirumugai Town Panchayat by the Chairman, Tamil Nadu Pollution Control Board vide Proc.No.T13/TNPCB/Compl/1897/CBN/W/2017 Dated 14.02.2017 to provide UGSS followed by Sewage treatment Plant on priority basis for the treatment of sewage generated.

¶223

The Assistant Director of Town Panchayat, Coimbatore Zone has submitted an undertaking to the Chairman of the Joint Committee/ District Collector in letter dated: 05.06.2020 attached as Annexure 7 , assuring to provide STP under “Nadanthai Vaazhi Cauvery Project” and the implementing agency PWD has appointed M/s. WAPCOS to carry out the work of preparation of Detailed Project Report for the STP, Solid Waste Management, River Front Development, Biodiversity, River Surface Cleaning and Online Monitoring. The Assistant Director of Town Panchayat, Coimbatore Zone has also requested to relax the levy of Environmental Compensation (fine) for the discharge of untreated sewage.

¶224

2.6 Inspection of Industries on the basin of River Bhavani

¶225

i. In Mettupalayam Taluk of Coimbatore District, the following major polluting industries are located on the Basin of Bhavani River.

¶226

ii. M/s. ITC Limited Paper Boards and Speciality Papers Division, Unit: Kovai, Thekkampatty Village, Mettupalayam Taluk

¶227

iii. M/s. Sharadha Terry Products Ltd., Dyeing Division, Thekkampatty Village, Mettupalayam Taluk

¶228

iv. M/s. United Bleachers Private Limited, Sikkadasampalayam Village, Mettupalayam Taluk

¶229

v. M/s. Encee Aromatics Pvt. Ltd, Sikkadsasampalayam Village, Mettupalayam Taluk

¶230

vi. M/s. KG Denim Ltd, Jadayampalayam Village, Mettupalayam Taluk and

¶231

vii. M/s. Siruvani Textile Process Ltd., Jadayampalayam Village, Mettupalayam Taluk

¶232

2.6.1 M/s. ITC Limited, Paper Boards and Specialty Boards Division, Unit: Kovai

¶233

The unit is an existing Paper Board manufacturing plant by using waste paper as raw material. The unit has obtained CTO for Expansion vide Proc.No.T4/TNPCBD/F-0038CBN/ RL/CBN/A and W/2015/DT.24/06/2015, valid up to 31.03.2016 and renewed up to 31.03.2022 for the following;

¶234

I. Products Manufactured:

¶235

Duplex Board, Cromo Board and Art Board – 10000 T/M

¶236

Power Generation (Captive Use) – 8 MW II. Discharge Outlets:

¶237

Sewage: 73 KLD–Treated in the Existing ETP and disposed on Industry’s own Land.

¶238

Trade Effluent – 2600 KLD on Industry’s Own land for Irrigation.

¶239

III. Emission Outlet:

¶240

a. Boiler – 44 T/Hr – ESP with Stack.

¶241

[29]

¶242

b. Boiler – 60 T/Hr – ESP with Stack c. D.G.Set. 250 KVA – 2 nos. – Stack with Acoustic Enclosures(each)

¶243

d. Coal/Bio fuel bunker – Bag filter with stack

¶244

e. Coal/Bio fuel transfer point – Bag filter with stack

¶245

The unit is located at 3 km from River Bhavani. The unit has provided Effluent Treatment Plant for the treatment of effluent generated. During the Joint Committee inspection, the ETP was in operation and treated trade effluent is utilized for irrigation on their land. At the time of inspection, there was no discharge of untreated/treated effluent into drain or into River Bhavani from the unit. Regularly TNPC Board is analysing treated effluent sample and all the parameters are within the irrigation standards prescribed by TNPCB. The analysis results of recent samples and photographs of ETP are attached as Annexure 8 .

¶246

The unit has provided EMFM in the following locations i. Effluent Inlet channel leading to Primary Clarifier (V-Notch with laser mechanism- Non contact type) ii. Outlet of the ETP i.e. Outlet of Pressure Sand Filter leads to Irrigation fields iii. Outlet of the ETP i.e. Outlet of Pressure Sand Filter - Reusing line to the process and other utility. Online Continuous effluent monitoring system is also installed at the final outlet of ETP for the parameters pH, COD, BOD, TSS, and Temperature. The data is connected to CPCB and TNPCB server.

¶247

This unit was inspected by another Hon’ble NGT Joint Committee in O.A No.26 of 2019 and based on the Joint Committee recommendations, TNPCB has directed to levy Interim Environmental Compensation Rs.331.80 Lakhs till 11.03.2020 and thereon each day Rs.30,000/- until compliance for noninstallation of OCEMS in 44 TPH boiler vide Proc.No.T1/TNPCB/F.0038/CBN/RL/W&A/2020 dated:17.03.2020 along with certain other directions. The unit is yet to remit the Environmental Compensation (EC) and due to nationwide lockdown to contain corona virus, the unit has requested time to remit EC. In this regard, the TNPC Board had proposed personal hearing meeting with the unit of M/s. ITC Limited, Paper Boards and Specialty Boards Division, Unit: Kovai on 10.06.2020 @ 11.00 AM at Corporate Office, TNPCB, Guindy, Chennai. The unit has not attended the personal hearing meeting due to COVID-19 pandemic and requested to arrange another personal hearing meeting after 10.07.2020 vide unit’s letter dated:08.06.2020.The unit has again requested to arrange personal hearing meeting after 23.07.2020 vide unit’s letter dated:15.07.2020 and the same is being proposed on 07.08.2020.

¶248

2.6.2 M/s. Sharadha Terry Products Ltd.

¶249

The unit is an existing textile processing industry since 1994, and has obtained Consent to Operate for expansion under Air and Water Acts vide Proc.T2/ TNPCB/ F-1487Wand A/ RL/ CBE/2008 dated 26.12.2008 with a validity up to 31.03.2009 and subsequently renewed up to 31.03.2022 to manufacture the following.

¶250

a. Products manufactured :

¶251

Woven Fabrics (Products like Terry towels, Home furnishing

¶252

apparel fabrics as per order basis)-21,00,000 meters/ Month.

¶253

b. Wastewater generation .

¶254

1. Sewage: 132 KLD – Connected to trade effluent ETP.

¶255

[30]

¶256

2. Trade effluent: i. R.O. Permeate: 3240 KLD– Recycling to process

¶257

ii. Brine Recovey:306 KLD- Recycling to process

¶258

iii. Evaporation through Natural Evaporator-46KLD – Evaporator iv. Final Reject:8.0 KLD - Agitated Thin Film Drier

¶259

c. Hazardous waste Authorization :

¶260

The unit has obtained Authorization under the Hazardous and other wastes (Management and Trans boundary Movement) Rules 2016 on 07.05.2018 with validity up to 06.05.2023.

¶261

The unit is located at 800m from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generated. During the Joint Committee inspection it was observed that the ETP was in operation and treated effluent was recycled back to process and the unit was achieving ZLD. There was no discharge of untreated/treated trade effluent into the drain or into River Bhavani from the unit during inspection. The unit had stored hazardous wastes in closed shed.

¶262

2.6.3 M/s United Bleachers Private Ltd

¶263

The unit is an existing textile processing industry since 1954. The unit has obtained CTO vide Proc No. R2/CBE/F 20/RM/W&A/96 dated 11.07.96 to manufacture the following

¶264

a. Products manufactured :

¶265

1. Processed Woven Fabrics -350T/M,

¶266

2. Processed Knitted fabrics – 150T/M and

¶267

3. Processed Yarn – 30T/M

¶268

b. Waste water generation .

¶269

1. Sewage – 4 KLD – To ETP after treatment from STP, 2. Trade effluent - 1668 KLD (along with STP treated water) (i) R.O. Permeate - 1656.14 KLD – Recycling to process, (ii) Evaporation - 6.22 KLD-Other Losses (Evaporation, Sludge Loss etc.,)

¶270

(iii) Final Reject - 5.64 KLD – Agitated Thin Film Drier Further renewal was issued to the unit vide Proc.No.T5/TNPCB/F.0071CBN/RL/ CBN/W&A/2018 DATED: 23/02/2018 with validity up to 31.03.2023.

¶271

c. Hazardous waste Authorization :

¶272

The unit has obtained Authorization under the Hazardous Waste (M, H & T M) Rules 2008 on 17.10.2014 with validity up to 16.10.2019 and further renewal issued on 01.04.2020 with validity up to 31.03.2025.

¶273

The unit is located at a distance of about 200m from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generated. During the Joint Committee inspection, ZLDS was in operation and the treated effluent is being recycled into process and thus achieving Zero Liquid Discharge of effluent. There was no discharge of untreated/treated trade effluent into drain or into River Bhavani from the unit at the time of inspection.

¶274

2.6.4 M/s. Encee Aromatics Pvt. ltd

¶275

The unit is located on the bank of River Bhavani which is a flower processing and solvent extraction industry. The unit has provided Effluent Treatment Plant with ZLD system to achieve Zero discharge of effluent.

¶276

The unit is an existing Organic Chemical manufacturing industry since 01.11.1977. First consent was issued to the unit vide Proc. No T12/TNPCB/F.CH16/CBN/RL/W&A/2015, Dated: 10.03.2015. Renewal of consent was issued to the unit vide

¶277

[31]

¶278

Proc. No. T11/TNPCB/F.0883CBN/RL/CBN/W&A/2017, Dated 06.07.2017 with validity up to 31.03.2022 for the following:

¶279

a. Products Manufactured :

¶280

i. Ambrettolide – 2000 Kg/M

¶281

ii. Iso Butyl Quinoline – 1500 Kg/M

¶282

iii. Floral Concretes – 200 Kg/M

¶283

iv. Floral Absolutes – 100 Kg/M

¶284

v. Enamber – 750 Kg/M

¶285

vi. Vetiverol – 200 Kg/M

¶286

vii. Vetiveryl Acetate – 200 Kg/M

¶287

viii. Undecavertol – 400 Kg/M

¶288

ix. Enascone – 150 Kg/M

¶289

x. Spice Extraction Concrete – 100 Kg/M

¶290

xi. Spice Extraction Absolute – 50 Kg/M

¶291

xii. Spice Oil (Black Pepper and Ginger) – 200 Kg/M

¶292

xiii. Enafran – 125 Kg/M

¶293

It is consented to discharge sewage of 3.2 KLD on its own land and to recycle the trade effluent of 3.0 KLD (Cooling Tower makeup) and to discharge 1.89 KLD of effluent into Solar Evaporation pan.

¶294

The unit has provided effluent treatment plant comprising of Collection tank, Equalization tank, Aeration tank, Settling tank and Multiple Effect Evaporator (MEE) for the treatment of effluent generation. During the Joint Committee inspection, all the manufacturing sections and ETP were in operation. The trade effluent from washing of machineries is treated in the effluent treatment plant and concentrate from MEE is disposed through elevated solar evaporation pans. There was no discharge of untreated/treated trade effluent into drain or into River Bhavani from the unit during inspection.

¶295

2.6.5 M/s. KG Denim Ltd

¶296

The unit is an existing textile processing industry since 1993. The unit has obtained CTO vide Proc. Dated 20.09.2016 to manufacture the following

¶297

a. Products Manufactured : 1. Denim Fabrics - 31,80,000 Meters /Month 2. Woven Textiles (products like home furnishing, Apparel Fabrics as per order basis) - 20,00,000 Meters /Month.

¶298

3. Power Generation -12.925 MW

¶299

b. Waste water generation .

¶300

1. Sewage: 50 KLD –On land for Gardening.

¶301

2. Trade effluent - 2775 KLD.

¶302

i. R.O. Permeate: 2034 KLD –Recycling to process ii. Condensate from MEE:67KLD- Recycling to process iii. Condensate from CRP:510KLD- Recycling to process iv. Finishing operations water after sand filter :140KLD- Recycling to process

¶303

v. Evaporation through Natural Evaporator-22KLD – Evaporation through atmosphere.

¶304

vi. Final Reject -2KLD –Solar Evaporation Pan (At present through Agitated Thin Film Drier)

¶305

Further renewal was issued to the unit vide Proc.T5/TNPCB/F.0049CBN/RL/CBN/W&A/2017 Dated: 30/11/2017 with validity up to 31.03.2022.

¶306

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¶307

c. Hazardous waste Authorisation :

¶308

The unit has obtained Authorization of the Hazardous Waste (M, H & T M) Rules 2008 on 26.02.2015 with validity up to 25.02.2020 and further renewal issued on 28.03.2020 with validity up to 27.03.2025.

¶309

The unit is located at a distance of 2km from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generated. During the Joint Committee inspection, it was observed that ZLDS was found in operation and the treated effluent is being recycled to process and the unit is achieving Zero discharge of effluent. There was no discharge of untreated/treated trade effluent into drain or into River Bhavani from the unit during the time of inspection.

¶310

2.6.6 M/s. Siruvani Textiles Private Ltd

¶311

The unit is an existing Textile processing industry. The unit was consented vide Proc.No.T2/TNPCB/GS/CBE/F.1552/W&A/93 dated

¶312

10/11/1993 to manufacture Dyed Cotton Yarn of 21.75 T/M and to generate 40 KLD of trade effluent.

¶313

Further, the unit had obtained CTO-Direct for product change vide Proc. No.F.0180CBN/RS/DEE/TNPCB/CBN/W&A/2019 DATED: 29/07/2019under both the Acts with validity period up to 31.03.2020 for the following:

¶314

a. Products

¶315

Dyed Cotton Yarn/Fibre – 1.5 Tons/Month

¶316

b. Waste water generation .

¶317

1. Trade Effluent I (RO I, RO 2 and Nano Permeate) – 37.0 KLD – Recycling to process

¶318

2. Trade Effluent II (Nano Reject) – 3.0 KLD - Disposed through Mechanical Evaporator Followed by ATFD

¶319

The TNPCB has issued order dated 01.04.2020, extending the validity of consent to operate and Authorization is up to 30.06.2020 which is expired on 31.03.2020 due to COVID-19 lockdown and further extended the validity of consent to operate and Authorization up to 30.09.2020 vide Chairman’s order dated:01.07.2020.

¶320

The unit is located at a distance of about 2.5km from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generated. During the Joint Committee inspection it was observed that ZLDS was in operation and the treated effluent was recycled into process and the unit is achieving Zero Liquid Discharge of effluent. There was no discharge of untreated/treated trade effluent into drain or into River Bhavani from the unit during inspection.

¶321

3.0. Directions by the Hon’ble NGT(SZ):

¶322

Further, the Hon’ble National Green Tribunal, Southern Zone, Chennai in O.A. No. 1 0, 18, 58 and 105 of 2017 has directed as follows in its order dated: 08.06.2020;

¶323

“….Learned counsel Sri. R. Natarajan appearing for the applicant in O.A. No.58/2017 submitted that the request in this application is not in respect of pollution caused to Bhavani river but the remedial measures suggested by them if the water drifting station established for supply of water is shifted to upper region of the river then there will be no possibility of any pollution to the river.

¶324

[33]

¶325

So this can be dealt with separately and can be considered along with the committee report, since all are connected matters and related to the protection of Bhavani River.

¶326

The committee is directed to go into this question as well to incorporate the feasibility of the same in filing the report, so that it also can be considered along with the connected cases.

¶327

3.1 Action taken in compliance to the Hon’ble NGT direction dated 08.06.2020:

¶328

In compliance to the Hon’ble NGT direction, the Commissioner Mettupalayam Municipality has informed the Chairman of the Joint Committee/District Collector vide letter dated: 16.07.2020 attached as Annexure 7, stating that the Government vide GO (MAWS) No.389, dated 09.09.2016 have sanctioned an Under Ground Sewerage Scheme to Mettupalayam Municipality at an estimate cost of Rs.91.70 Crores. Hence, the permanent solution for the prevention of pollution of Bhavani River is to provide underground sewerage system to Mettupalayam Municipality. The Under Ground Sewerage Scheme works have been split into 3 packages. For Package I and II work order has been issued on 09.04.2018 and 52.5% of the Distribution lines works have been completed. For Package III work order has been issued on 16.08.2018 and 56% of the Sewerage Treatment Plant works have been completed. Under Ground Sewerage Scheme has been sanctioned in order to prevent the pollution of River water Bhavani. After the completion of the project the pollution of Bhavani River Water by Mettupalayam Municipality will be arrested. Hence, once the project is completed, shifting of water lifting head works station to the upstream of River Bhavani will not be required.

¶329

It was also informed that the present Mettupalayam Municipality Water Pumping Station is located at upstream of Mettupalayam Town (Latitude – 11.307431, Longitude 76.922314). There are no major sewage outfalls before the pumping station. Two industries are located before the pumping station namely

¶330

1. M/s. ITC Limited Paper Boards and Speciality Papers Division, Unit: Kovai, Thekkampatty Village and

¶331

2. M/s. Sharadha Terry Products Ltd., Dyeing Division, Thekkampatty Village.

¶332

M/s. ITC Limited Paper Boards and Speciality Papers Division, Unit: Kovai is located at a distance of 3 km from River Bhavani. The unit has provided Effluent Treatment Plant for the treatment of effluent generation and treated trade effluent is utilized for irrigation in their land.

¶333

M/s. Sharadha Terry Products Ltd., Dyeing Division is located at a distance 800 m from River Bhavani. The unit has provided Zero Liquid Discharge System (ZLDS) for the treatment of effluent generation and treated effluent is recycled back to process and the unit is achieving ZLD.

¶334

Hence, there is no necessity to shift the Mettupalayam Municipality water pumping station to upstream region of River Bhavani once the Mettupalayam Municipality Under Ground Sewerage Scheme with STP is commissioned.

¶335

4.0 Summary, Remedial measures and Recommendations:

¶336

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¶337

i. The analysis results of the River Bhavani water samples show the presence of Fecal coliform in all seven locations which confirm discharge of untreated sewage from the Local Bodies. All other parameters are within the standards which confirm that there is no industrial effluent contribution to the River Bhavani.

¶338

ii. The analysis results of the samples collected from the drain of Mettupalayam Government Hospital, the parameters such as TSS, Oil and Grease, BOD and COD are not meeting the standards prescribed by TNPCB. This confirms the discharge of untreated liquid wastewater into public sewer which joins the River Bhavani.

¶339

iii. Since, the Government Hospital has given an undertaking letter dated 11.03.2020 (Annexure 5) submitted to Chairman of the committee / District Collector, the Government Hospital, Mettupalayam may be directed to construct and operate the STP for the effective treatment of liquid waste water generated from the hospital before June 2021.

¶340

iv. The Government Hospital Mettupalayam shall effectively utilize the existing disinfection system provided for disinfecting the liquid wastewater before discharging into public sewer.

¶341

v. TNPCB has issued show cause notice to the Government Hospital Mettupalayam for not meeting the standards prescribed by TNPCB for discharge of trade effluent into inland surface water body.

¶342

vi. The construction of UGSS and STP by the Mettupalayam Municipality shall be completed by June, 2021 as assured.

¶343

vii. Mettupalayam Municipality shall provide In-situ bioremediation techniques such as Phytoremediation, Constructed Wetlands and Microbial Bioremediation for wastewater treatment in drain as suggested by the CPCB immediately until the completion of underground sewerage scheme and STP.

¶344

viii. Mettupalayam Municipality shall also process and dispose the Municipal Solid Waste as per the Solid Waste Management Rules, 2016.

¶345

ix. Sirumugai Town Panchayat shall expedite the proposal of providing STP before December 2021.

¶346

x. Sirumugai Town Panchayat shall provide In-situ bioremediation techniques such as Phytoremediation, Constructed Wetlands, Microbial Bioremediation for wastewater treatment in drain as suggested by the CPCB immediately until the underground sewerage scheme with STP is operational.

¶347

xi. Sirumugai Town Panchayat shall also process and dispose the Municipal Solid Waste as per the Solid Waste Management Rules, 2016.

¶348

xii. M/s. ITC Limited, Paper Boards and Specialty Boards Division, Unit: Kovai shall comply the orders of the Hon’ble NGT (SZ), Chennai dated 21.05.2020in O.A. No. 26 of 2019and subsequent direction of TNPCB vide Proc.No.T1/TNPCB/F.0038/CBN/W&A/2020 dated 17.03.2020and to remit the environmental compensation.

¶349

xiii. The TNPCB shall monitor all the industries located on the banks of the River Bhavani to ensure that there is no discharge of untreated/treated effluent and sewage into River Bhavani. If any violations observed appropriate action shall be initiated against the defaulters.

¶350

xiv. The committee decided not to levy Environmental Compensation (EC) for Government Hospital, Mettupalayam and Mettupalayam Municipality as they requested and submitted the commitment letter to complete the work in time. TNPCB was requested to follow up till the completion of the work.”

¶351

[35]

¶352

36.Thereafter, this Tribunal passed the following order:

¶353

It is seen from the report that there are a lot of violations committed by the Mettupalayam Municipality and also the Government Hospital Mettupalayam and some of the industries. It also seen from the report that the untreated sewage is being discharged into the Bhavani River which results in pollution.

¶354

It is also mentioned that Mettupalayam Municiplaity has undertaken to complete the underground sewage scheme and also establishment of STP and ETP for treating sewage so as to avoid untreated sewage being mixed with the water and complete the same before June 2021.

¶355

It is also seen from the report that there were certain directions given to the Government Hospital Mettupalayam to provide necessary STP and for underground sewage scheme, but there was no time limit provided for that purpose. Though, some violations were found, they have dispensed with imposing environmental compensation against the municipality as well as the Government Hospital which in fact is against the directions issued by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018, when the local bodies were directed to establish the STP’s on or before 31.03.2020 and if it is not established, there is a slab provided for imposing compensation for every months default by the local bodies and directed the concern State Pollution Control Board to take steps to realize the amount from them. So, when such direction issued by the Principal Bench of National Green Tribunal, the committee is not expected to dispense with imposition of environmental compensation on the defaulting local bodies and also Government hospitals.

¶356

Further, there is nothing mentioned about furnishing any Performance Guarantee by the municipality as well as the Government hospital for complying with the direction given by the committee as well.

¶357

So under such circumstances, we direct the committee to revisit the question of compensation and also for giving a time line for the Government Hospital as well as Municipality including compliance of the directions and steps taken by them as short term method suggested by the committee to meet the situation and also fix the Performance Guarantee to be furnished by the Health Department as well as the Municipality for complying with the direction given for establishment of STP and completion of underground sewage system within the time line.

¶358

The committee is also directed to consider the question of remedial measures to be taken to reduce the contamination found in the river water with a short term and long term measure, fixing the responsibility of the person who has to carry out the same as well.

¶359

Two months time is granted to the committee to submit a further report on these aspects.

¶360

37.The case was then posted to 03.11.2020 for consideration of further report. The matter was taken up on 05.01.2021 and considered the further report submitted by the Joint Committee received on 02.01.2021, extracted in Para 4 of the order which reads as follows:-

¶361

“ REPORT OF THE JOINT COMMITTEE CONSTITUTED BY

¶362

THE HONOURABLE NGT SOUTH ZONE IN THE MATTER OF O. A. NO.10, 18, 58 AND 105 OF 2017 SUBMITTED BEFORE THE HONOURABLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI, AS PER THE ORDER DATED AUGUST 10, 2020

¶363

1.0Background

¶364

[36]

¶365

The Hon’ble National Green Tribunal, Southern Zone, Chennai in O.A . No. 10, 18, 58 and 105 of 2017 has directed as follows in its order dated: 10.08.2020;

¶366

“.....we direct the committee to revisit the question of compensation and also for giving a time line for the Government Hospital as well as Municipality including compliance of the directions and steps taken by them as short term method suggested by the committee to meet the situation and also fix the Performance Guarantee to be furnished by the Health Department as well as the Municipality for complying with the direction given for establishment of STP and completion of underground sewage system within the time line.

¶367

The committee is also directed to consider the question of remedial measures to be taken to reduce the contamination found in the river water with a short term and long term measure, fixing the responsibility of the person who has to carry out the same as well.

¶368

Two months time is granted to the committee to submit a further report on these aspects…”

¶369

In compliance to the NGT direction, the first meeting of the Joint Committee was held on 14.09.2020 at the District Collectorate, Coimbatore, the committee decided to send DO letters to the Commissioner of Municipal Administration regarding imposing of Environmental Compensation/Performance Guarantee for not providing STP before 31.03.2020 as per the orders of the Hon’ble NGT(PB), New Delhi and Secretary to Government, Health and Family Welfare Department& Director of Medical and Rural Health Services regarding imposing of Environmental Compensation / Performance Guarantee for not providing STP and letting out the untreated/treated effluent and sewage into drain which confluences in River Bhavani. The minutes of the meeting is enclosed as Annexure 1.

¶370

The District Collector sent DO letter to the Commissioner of Municipal Administration vide letter dated: 05.10.2020 to submit the details of project cost of construction of Sewage Treatment Plant alone, along with total estimated cost, expenditure so far incurred and balance fund to be spent and action taken on the short term remedial measures as suggested by the Joint Committee so as to assess the Environmental compensation / Performance Guarantee.

¶371

The District Collector also sent DO letters to the Secretary to Government, Health and Family Welfare Department & Director of Medical and Rural Health Services vide letter dated:05.10.2020 to submit the details of the construction of treatment system with time schedule so as to assess the Environmental compensation / Performance Guarantee. The DO letters are enclosed as Annexure 2.

¶372

The second meeting of the Joint Committee was also held on 21.10.2020 at the District Collectorate, Coimbatore and the committee decided to carry out the inspection of STP construction & Government Hospital, Mettupalayam on 28.10.2020. Accordingly, the joint committee inspection was carried out and observationsmade is depicted below:

¶373

2.0 Mettupalayam Municipality

¶374

2.1 Long Term Measures

¶375

The Mettupalayam Municipality started construction of Sewage Treatment Plant of capacity 8.604 MLD in the year 2018 at S.F. No. 77/2 Part & 78/1 Part, Sikkadasampalayam Village, Mettupalayam Taluk, Coimbatore District. The Mettupalayam Municipality has obtained Consent to Establishment vide Proc. No. T1/TNPCB/F.1713CBN/RM/CBN/W/2020 Dated: 25/09/2020 under the Water (P&CP) Act, 1974 and Proc. No. T1/TNPCB/F.1713CBN/RM//CBN/A/2020 Dated: 25/09/2020 under the Air (P&CP) Act, 1981 with validity up to 31.03.2025.

¶376

During inspection the construction of Under Ground Sewerage System (UGSS) and collection wells were under progress. Around 79% of the STP construction is completed as compared to 29% increase in progress w.r.t inspection conducted in March 18, 2020. It was informed that due to pandemic COVID-19 situation and nationwide lockdown, the construction

¶377

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¶378

work was hampered. The Construction of Inlet chamber, Sequential Batch Reactors and Chlorine Contact Tank are completed and Construction of Blower building, administrative building and centrifuge building were under progress. It was informed that by the end of June 30, 2020 the construction & operation of the STP will be completed. The status report of construction of UGSS and STP furnished by Commissioner Mettupalayam Municipality is given in the table below:

¶379

The Commissioner Mettupalayam Municipality submitted an undertaking in Rs.100/- Non Judicial stamp paper dated: 29.10.2020 to the Chairman of the Joint Committee/ District Collector, informing to complete the construction of STP and UGSS and to commission the same by the June 2021. The Commissioner Mettupalayam Municipality has also informed to comply further orders of the Hon’ble NGT if fail to commission the STP before 30.06.2021. The letter received from the Commissioner Mettupalayam Municipality is attached as Annexure 3 .

¶380

1	Name of Scheme Under Ground Sewerage Scheme to Mettupalaya Municipality in Coimbatore District	m
	Name of the Division Sewerage Division, Kuniyamuthur.
	Name of the Executive Engineer Er. J.K. Annadurai, B.E. MBA.,
	Mobile No 9360236553
	Beneficiary Mettupalayam Municipality
	Population and Requirement Population Benefited (In lakhs) Sewage i	n MLD
	Present (2017) Inter (2032) Ultimate (2047) Inter (2032)	Ultimate (2017)
	0.715 0.773 0.836 8.65	9.40
2	Administrative Sanction GO.(D) No. 389 /MA and WS (MA3) dept / dt.09.09.2016 - Rs.91.70 Crores to install and R Lakhs to maintain annually.	s 97.50
3	Technical Sanction CE/CBE No: 11/2016-17 dt.24.02.2017 for Rs 91.70 Crores
4	Date of Work Order 4.Package - I:CE/ TWAD Board / Coimbatore Order No. F. UGSS to MTP Mpty Package – (T1)/CE/CBE/2018/Dt:09.04.2018. 5.Package – II:CE/ TWAD Board / Coimbator Order No. F. UGSS to MTP Mpty package – (T1)/CE/CBE/2018 / Dt:09.04.2018. 6.Package – III:CE/ TYWAD Board / Cbe Wor F. UGSS to MTP Mpty package – III SDO (T1)/CE/Cbe/201/dt: 16.08.2018	: Work I / SDO e : Work I / SDO k Order No.
5	Agreement No / date / Value and Period 1.Pac – I : Agt No CE/CBF/no 4/18-19/dt. 04.05 29.34 Cr/30 + 6Months. 2.Pac – II: Agt No CE/CBF/no 5/18- 19/dt.04.05 37.46 Cr/30 + 6 Months. 3.Pac–III:AgtNoCE/Cbe/no15/18-19/dt.12.09.20 Cr/30 + 6 Months	.2018 Rs .2018 Rs 18 Rs13.788
6	Date of Commencement of Work For Pac-I and II –*24.04.2018and Pac-III –12.0*	*9.2018*
7	Name of Contractor 4. Package I: M/s. VVV Construction Private AnnaiSathya Nagar, Main Road, Nesapakka – 600 078. 5. Package II: M/s. Keyem Engineering Entge KamarajNagar,Thniruvanmayur, Chennai –	Limited, m, Chennai rprises, 600 041

¶381

[38]

¶382

6. Package II: R.Velumani, Avinashi

¶383

Sl.	Name of the work	Total	Physical Progres	s of work		Financi	al Progress in Expenditure	lakhs	Scheduled date of completion
No.	Physical Progress:	Qty of Work	Progress up to *22.10.2020*	Balance	%	Total Cost	up to 22.10.20	%
	COLLECTION SYSTEM
I	Package I
1	Sewer Line (Mts.)	31821	18185	13636
2	Manholes (Nos.)	1342	1048	294
3	House Service Connection (Nos.)	10205	2022	8183					Pk I
4	Road Restoration Works (Meter)	31021	6431	24590					acage – 10/2020(Original) 04/2021(Revised)
5	Pumping Main ((Meter)	7699	2819	4880
6	Pumping Station (Nos.)	3	2 Nos. completed	1 No. u/p
7	Lifting Station (Nos.)	7	4 Nos. completed	3 no u/p	64.00%	Rs.9170 Lakhs	3269.43 lakhs	36.00%
II	Package II
1	Sewer Line (Mts.)	47814	30406	17408
2	Manholes (Nos.)	1977	1589	388
3	House Service Connection (Nos.)	6795	2284	4511					Package II - 10/2020( Original)
4	Road Restoration Works (Meter) Stoneware Line	37814	18165	19649					04/2021(Revised)
5	Pumping Main (Meter)	6209	2807	3402
6	Pumping Station (Nos.)	3	2 Nos. completad	1 No U/P
7	Lifting Station (Nos.)	1	completed
	Sewerage Treatment
III	Plant – 8.65 mld SBR Method	1 No			79.00%	Package III	- 3/2021 (Ori	ginal) 06/	2021 (Revised)

¶384

From the progress report, it is observed that for Package I and II (Construction of UGSS, Manholes etc.) 64.0 % of the work has been completed and Package III which is the construction of STP, 79.0 % of the work has been completed. The same was verified during inspection and photographs are attached as Annexure 4 .

¶385

2.2 Short Term Measures:

¶386

As a short term measures as per the recommendations of Joint Committee, Mettupalayam Municipality has planned for the

¶387

[39]

¶388

phytoremediation in the major drains joining the River Bhavani. The detail of the short term measures as furnished by the Mettupalayam Municipality is enclosed as Annexure 5 . It was informed that within November 30, 2020 the phytoremediation will be made operational. During inspection, the construction of wetland system in the Uppupallam Odai which is upstream of Mettupalayam Municipality’s sewage disposal was constructed and informed to provide in remaining major sewer drains.

¶389

3.0 Government Hospital, Mettupalayam

¶390

The Government Hospital (GH), Mettupalayam is located adjacent to the River Bhavani. The Government Hospital, Mettupalayam has obtained consent to operate and subsequent renewal consent of TNPC Board vide Proc.No.F.1000CBN/OS/DEE/TNPCBCBN/W&A/2020 dated:17.10.2020 with validity period up to 31.03.2021 and also obtained Authorization under Biomedical Wastes Management Rules, 2016 vide Proc. No. F.1000CBN/BWA/OS/DEE/TNPCB/CBN/2016 dated:27.04.2019 with validity period up to 31.03.2020. The GH has not applied for renewal of authorization.

¶391

The Government Hospital, Mettupalayam has not provided treatment system for treating the liquid waste generated and is being disposed into public sewer after necessary disinfection. The Government Hospital (GH), Mettupalayam has provided disinfection system in six locations such as 1. Operation Theatre, 2. Labour ward, 3. Dialysis ward, 4. Blood bank, 5. Laboratory and 6.Emergency ward. The trade effluent (after disinfection) sample was taken in the GH drain on 18.03.2020 and result is submitted below

¶392

S.No. Parameters Unit Drain near Standard
Mortuary prescribed by
TNPCB
1 pH @ 25°C 8.24
2 Total Suspended Solids mg/l 446
3 Oil & Grease mg/l 15
4 BOD for 3 days @ 270C mg/l 160
5 COD mg/l 944
6 Ammonical Nitrogen mg/l 34.7
7 Total l Nitrogen mg/l 0.41

¶393

From the above table, TSS, Oil and Grease, BOD and COD are not meeting the standards prescribed by TNPCB for discharging trade effluent into inland surface water. Hence, it is evident that the disinfectant system provided by Government Hospital is inadequate and not operated regularly and discharging untreated trade effluent into public sewer which finally reaches River Bhavani.

¶394

It has been informed that the Joint Director of Medical and Rural Health Services has requested the Chief Engineer(Buildings), PWD, Trichy Region to send the cost estimation for the “Construction of Combined Sewage Treatment Plant (100 KLD) in Government Sub District Hospital at Mettupalayam in Coimbatore District vide letter dated:25.09.2020 & 08.10.2020. The Rough cost estimated for the combined STP is Rs. 102.0 Lakhs by the PWD and submitted to the Director of Medical and Rural Health Services, Chennai to obtain administrative sanction from the Government. The letter from the PWD sent to Director of Medical and Rural Health Services, Chennai is attached as Annexure 6 .

¶395

3. 1 Environmental Compensation

¶396

[40]

¶397

As per the guidelines issued by CPCB for environmental compensation HCF is calculated as follows.

¶398

	No Arrangeme nt for disposal of BMW with CBWTF (1)	Not Applied for Authoriza tion on (2)	Improper Segregation of BMW (3)	No pre- Treatment (4)	On-site storage not provided or not adequate (5)	No ETP Despite requirement (6)	Score for each of Other Violations of BMWRules ,2016 (7)
Heath	30	10	20	10	10	15	5
Risk
Score (HR)

¶399

Note: Score of 5 to be added for each of other violations at column (7), with

¶400

sum of HR limited to 100

¶401

Environmental Compensation for HCF = HR X T X S X R X N.

¶402

HR is sum of (1) + (2) + (3) + (4) + (5) + (6) + (7)

¶403

HR = 0 + 0 + 0 + 0 + 0 + 15 + 0 Total = 15. T for bedded hospital – 1.0 S for 100 to 200 bedded HCFs – 1.0 R is taken as rupees 250. N is number of days of violation. Note: SCN issued dated:20.01.2017 Number of days for which violation took place - 1376 days (Date of inspection of SCN issued 20.01.2017 to 29.10.2020)

¶404

Hence Environmental Compensation for HCF

¶405

Environmental compensation of Rs. 3,750/- per day w.e.f.

¶406

30.10.2020 shall be imposed until compliance.

¶407

4.0 S ummary, Remedial measures and Recommendations:

¶408

xv. Around 79% of the STP construction is completed as compared 50 % in the last inspection of the Joint Committee. The undertaking by the Mettupalayam Municipality is submitted to Chairman of the Joint Committee informing construction of UGSS & STP shall be completed and made operational by June, 2021.

¶409

xvi. As a short term measures, Mettupalayam Municipality has planned for Insitu bioremediation techniques such as Phytoremediation in all major

¶410

[41]

¶411

drains joining the River Bhavani. The construction of Wetland system at Uppupallam odai is completed and shall make operational by November 30, 2020.

¶412

xvii. Hence the Chairman /Joint Committee decided not to impose the EC for the Mettupalayam Municipality.

¶413

xviii. Mettupalayam Municipality shall provide In-situ bioremediation techniques such as Phytoremediation, Constructed Wetlands and Microbial Bioremediation for sewage treatment in remaining drains as suggested by the CPCB immediately until the completion of underground sewerage scheme and STP.

¶414

xix. The analysis results of the samples collected from the drain of Mettupalayam Government Hospital, are not meeting the standards prescribed by TNPCB for parameters such as TSS, Oil and Grease, BOD and COD. This confirms the discharge of untreated liquid wastewater into public sewer which joins the River Bhavani.

¶415

xx. The Government Hospital Mettupalayam shall remit the interim environmental compensation calculated till 29.10.2020 is Rs. 51.6 Lakhs and thereon each day Rs.3,750/- shall be levied until compliance.

¶416

xxi. The Government Hospital Mettupalayam shall effectively utilize the existing disinfection system provided for disinfecting the liquid waste water before discharging into public sewer.

¶417

xxii. The Government Hospital Mettupalayam shall provide the Combined Sewage Treatment Plant capacity of 100 KLD immediately.”

¶418

38.Thereafter this Tribunal passed the following order:

¶419

Though, short term and long term measures were provided to meet the situation, it is not known how much progress has happened after this inspection report, because the report was prepared long ago. Whereas, some of the short term measures will have to be completed by end of December2020. Further, interim compensation was also calculated till 29.10.2020 to the tune of Rs.51.6 Lakhs and thereafter to pay Rs.3,750/- per day till its compliance against the Government Hospital.

¶420

But it is not known as to whether any steps have been taken by the Pollution Control Board to impose such compensation against the Government Hospital Mettupalayam by initiating proceeding by issuing show cause notice and giving opportunity to them to submit their explanation for the same.

¶421

The Municipality has also not filed any status report as to whether the short term measures suggested were complied with or not and what is the present stage of construction of the Under Ground Sewage System which was under progress in that area as even as per the earlier report, around 79% work has been completed. 8. The objections raised by the applicant in O.A. No.58/2017 were also not seen mentioned in the report. That shows that they have not considered the objections raised by the applicant in O.A. No.58/2017, while filing the report as directed by this Tribunal.

¶422

So under such circumstances, we direct the committee to re-visit the area for preparation of further report and submit the report regarding the progress that has taken place to implement the short and long term measures suggested by them by the Municipality as well as the Government Hospital

¶423

[42]

¶424

and what further action has been taken by the Pollution Control Board against the Government Hospital for not complying with the pollution control norms and the violation committed by them on the basis of the recommendations made by the committee.

¶425

10.The committee is directed to submit a further report to this Tribunal on or before 05.02.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.

¶426

11.The Municipality as well as the Health Department are also directed to submit their independent response regarding the steps to be taken by them for mitigating this issue as directed by the committee and also show cause why the compensation cannot be imposed and performance guarantee should not be imposed against them for non-compliance of the directions within the time frame fixed by the committee before the next hearing date.

¶427

The matter was then posted to 05.02.2021 for consideration of further

¶428

report.

¶429

39.On 05.02.2021 the matter was adjourned to 17.02.2021 by notification.

¶430

On 17.02.2021, this Tribunal considered the report filed by the Tamil Nadu Pollution Control Board dated nil received on 11.02.2021 extracted

¶431

in Para 3 of the order which reads as follows:

¶432

REPORT FILED ON BEHALF OF THE RESPONDENT TAMIL NADU POLLUTION CONTROL BOARD.

¶433

I, R.Sarasavani, D/o. Raghavan, Hindu, aged about 55 years, having my office at No. 76, Mount Salai, Guindy, Chennai - 600032, do hereby solemnly affirm and sincerely state as follows:-

¶434

I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing this Report on behalf of the 5th Respondent TNPC Board and as such I am well acquainted with the facts of the case as per records.

¶435

It is respectfully submitted that the Hon’ble NGT has passed order dated 05.01.2021 and directed inter alia that:

¶436

“Though, short term and long term measures were provided to meet the situation, it is not known how much progress has happened after this inspection report, because the report was prepared long ago. Whereas, some of the short term measures will have to be completed by end of December2020. Further, interim compensation was also calculated till 29.10.2020 to the tune of Rs.51.6 Lakhs and thereafter to pay Rs.3,750/- per day till its compliance against the Government Hospital.

¶437

Further, it is not known as to whether any steps have been taken by the Pollution Control Board to impose such compensation against the Government Hospital Mettupalayam by initiating proceeding by issuing show cause notice and giving opportunity to them to submit their explanation for the same.

¶438

Under such circumstances, we direct the committee to re-visit the area for preparation of further report and submit the report regarding the progress that has taken place to implement the short and long term measures suggested by them by the Municipality as well as the Government Hospital and what further action has been taken by the Pollution Control Board against the Government Hospital for not complying with the pollution control norms and the violation committed by them on the basis of the recommendations made by the committee.”

¶439

[43]

¶440

It is respectfully submitted that the Joint Committee has reported that the disinfection system provided by the Government Hospital is not adequate to meet the standards prescribed by the TNPC Board.

¶441

Further, it is respectfully submitted that the Joint Committee has calculated the Environmental Compensation (EC) of Rs. 51.6 Lakhs on account of the violations by the HCF for the period 20.01.2017 to 29.10.2020 and recommended for the levy of EC for the HCF. Also the Joint Committee has recommended for the levy of Environmental Compensation of Rs. 3,750/- per day w.e.f 30.10.2020 until compliance.

¶442

Hence, it is respectfully submitted that the Board has calculated the Environmental Compensation to be levied for the HCF for the period from 20.01.2017 to 29.10.2020 as Rs. 51.6 Lakhs and from 30.10.2020 upto 31.01.2021 as Rs.3,52,500/- and the total amount of Rs.55,12,500/- is assessed as Environmental Compensation for the period from 20.01.2017 to 31.01.2021 for the violations by the Government Hospital.

¶443

Therefore, it is respectfully submitted that in exercise of the powers conferred under Section 5 of the E(P) Act, 1986, a show cause notice has been issued to the M/s. Government Hospital, Mettupalayam vide Board’s Proc.No. T4/TNPCB/F-001904/LAW/LAIII/NGT(SZ)/OA.No.10 of 2017/2021 Dated 03.02.2021 to show cause from the date of receipt of this notice, why the Board shall not recover the Environmental Compensation of Rs. 55,12,500/- for the period from 20.01.2017 to 31.01.2021 for the noncompliance of the provisions of the Bio-Medical Waste Management Rules, 2016 as amended.

¶444

Under the above circumstances, it is humbly prayed that this Hon’ble National Green Tribunal (Southern Zone) may be pleased to take this Report on record and pass such further or other orders as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice.”

¶445

40.This Tribunal also considered the report filed by the Mettupalayam Municipality dated nil received on 11.02.2021, extracted in Para 4 of the order which reads as follows:

¶446

REPORT OF THE COMMISSIONER, METTUPALAYAM MUNICIPALITY IN THE MATTER OF O. A. NO.10, 18, 58 AND 105 OF 2017 SUBMITTED BEFORE THE HONOURABLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI, AS PER THE ORDER DATED 5^TH JANUARY 2021

¶447

The Municipality as well as the Health Department are also directed to submit their independent response regarding the steps to be taken by them for mitigating this issue as directed by the committee and also show cause why the compensation cannot be imposed and performance guarantee should not be imposed against them for non-compliance of the directions within the time frame fixed by the committee before the next hearing date. For consideration of further report and status report to be filed by the parties, post on 05.02.2021.

¶448

In compliance of short term and long term measures in Mettupalayam Municipality we submitted as below.

¶449

Action taken for long term measures .

¶450

Under Ground Sewerage System (UGSS) and collection wells were under progress. Around 92% of the Sewerage Treatment Plant (STP) construction

¶451

[44]

¶452

is completed as compared to 13% increase in progress with respect to inspection conducted in October 22, 2020. It was informed that due to pandemic COVID-19 situation and nationwide lockdown, the construction work was hampered. The Construction of Inlet chamber, Sequential Batch Reactors and Chlorine Contact Tank are completed and Construction of Blower building, administrative building and centrifuge building were under progress. It was informed that by the end of June 30, 2021 the construction & operation of the STP will be completed. The status report of construction of UGSS and STP furnished by given in the table below:

¶453

1	*Name of Scheme* Name of the Division Name of the Executive EngineerMobileNo *Under Ground Sewerage Scheme to METTUPAL* *Municipality inCoimbatore District.* *Sewerage Division, Kuniyamuthur.* *Er. J.K. Annadurai ,B.E. MBA,* *9360236553*	*AYAM*
	Beneficiary Mettupalayam Municipality
	Population and Requirement Population Benefited (in Lakh)
	Present (2017) Inter (2032) Ultimate (2047)
	0.715 0.773 0.836
2	Administrative Sanction G.O.(D) No.389 /MA&WS (MA3) dept / dt.09.09.2016 91.70 crores to install and Rs. 97.50 lakhs to maintain annually.	- Rs.
3	Technical Sanction CE/CBE No: 11/2016-17 dt.24.02.2017 for Rs.91.70	crore
4	Date of Work Order 1. Package -I :CE / TWAD Board / Coimbatore : Work No. F. UGSS to MTP Mpty Package -I / SDO (T1)/CE/CBE/2018 / Dt : 09.04.2018. 2. Package -II: CE / TWAD Board / Coimbatore : Work No. F. UGSS to MTP Mpty Package -I / SDO (T1)/CE/CBE/2018 / Dt : 09.04.2018. 3. Package-III: CE/TYWAD/Cbe Work order no. F.UG to MTP Mpty package III/SDO(T1)/CE/Cbe/2018/dt.16.8.18	order order SS
5	Agreement No /date/ Value & Period 1.Pac -I :Agt No CE/CBF/ No 4/18-19/dt.04.05.18 Rs. Cr/30 +6 Months 2.Pac -II :Agt No CE/CBF/ No 5/18-19/dt.04.05.18 Rs Cr/30 +6 Months 3.Pac-III :Agt No. CE/Cbe/no.15/18-19/dt. 12.9.18rs.1 cr./ 30 +6 Month	29.34 .37.46 3.788
6	Date of Commencement of work For Pac-I & II -*24.4.2018 &Pac-III –12.9.2018*
7	Name of Contractor Package I: M/s. VVV Construction Private Ltd., Annai S Nagar Main Road, Nesapakkam, Chennai -600 078 Package II: M/s. Keyem Engineering Enterprises., Kam Nagar,	athya araj
	Thiruvanmiyur,Cheennai -600 041Package-II: R.Velumani, Avinashi.
N	*ame of the work* *Physical Progress of work* *Financial Progress in lakhs*	*Scheduled* *date of*
*Sl.*		*completion*
*No.*	*Total Qty* *of Work* *Progress up to* 27.01.2021 *Balance* % *Total* *Cost* *Expenditu* re *upto* 27.01.21 %

¶454

[45]

¶455

Physical Progress:
COLLECTION SYSTEM
I Package I
1 Sewer Line (Mts.) 31821 19460 12361
2 Manholes (Nos.) 1342 1079 263
House Service
3 10205 2710 7495
Connection (Nos.)
Package I
–10/2020 (
Road Restoration
Rs.917 4722.96l
4 31021 10485 20536
62 % 54% Original)
Works (Meter) 0 Lakhs akhs
03/2021(Re
Pumping Main vised)
5 7699 5367 2332
((Meter)
Pumping Station 3 Nos.
6 3
(Nos.) completed .
6 Nos
7 Lifting Station (Nos.) 7 1
completed.
Package II
10/2020
Original)
68.00%
03/2021
(Revised)
II Package II
1 Sewer Line (Mts.) 47814 32912 14902
2 Manholes (Nos.) 1977 1604 373
House Service
3 6795 2642 4153
Connection (Nos.)
Road Restoration
4 Works (Meter) 37814 20821 16993
Stoneware Line
Pumping Main
5 6209 3571 2638
(Meter)

¶456

[46]

¶457

2 Nos.
Pumping Station
6 3 completed 1 1
(Nos.)
No U/P
Lifting Station
7 1 completed
(Nos.)
Sewerage
Treatment Plant – 92% 92.00% Package III - 3/2021
III 1 No 1
8.65 mld SBR completed (Original))
Method

¶458

Action taken for short term measures.

¶459

As a short term measures as per the recommendations of Joint Committee, we planned for the phytoremediation in the major drains joining the River Bhavani. It was informed that within November 30, 2020 the phytoremediation will be made operational. The construction of wetland system in the Uppupallam Odai which is upstream of Mettupalayam Municipality’s sewage disposal was completed.

¶460

Commissioner, Mettupalayam Municipality

¶461

41.Thereafter, the Tribunal passed the following order:

¶462

The Committee has not filed the further report as directed by this Tribunal. The Pollution Control Board also did not mention as to whether the steps taken by the Municipality are sufficient to meet the requirements as well. Though the Pollution Control Board in their report mentioned that they have already issued show-cause notice to the Government Hospital, Mettupalayam vide proceedings dated 3.2.2021, imposing the environmental compensation for non-compliance of the provisions of the Bio Medical Waste Management Rules, 2016, they want further time for completion of the proceedings and submit the final action taken report.

¶463

It is quite unfortunate that the Health Department has not come with any proposal as to how they are going to resolve the issue in respect of the Government Hospitals where lot of violations were noticed by the Committee. The Committee also has not filed any further report as directed by this Tribunal, considering the objections raised by the applicant in O.A.58/2017 as well.

¶464

When this was pointed out, the learned counsel appearing for the State Departments submitted that if some more time is granted they can come with the further report.

¶465

The matters are of the year 2017. The question is regarding implementation of the Solid Waste Management Rules, 2016 and Bio Medical Waste Management Rules, 2016 in Mettupalayam Municipality. It is seen from the report of Mettupalayam Municipality that 92% of the establishment of STP work has been completed and phytoremediation in respect of drains has been completed.

¶466

The Committee is directed to ascertain as to whether there was any change in the water quality on account of the improvements made by the concerned departments and they may file a further report regarding the same as well, as to whether the water quality in Bhavani river has improved on account of the temporary measures that have been taken by the Mettupalayam Municipality.

¶467

[47]

¶468

The Health Department is also directed to file their independent report as to the steps to be taken to meet the situation of improving the conditions in the Government Hospital, Mettupalayam so as to make it eco friendly and compliance of the Solid Waste Management Rules, 2016 and Bio Medical Waste Management Rules, 2016. The Mettupalayam Municipality is also directed to file their further status report regarding the completion of the work as undertaken by them. The above authorities are directed to submit the report to this Tribunal on or before 22.3.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.

¶469

The Registry is directed to communicate this order to the Members of the Committee, Official Respondents, including the Chief Secretary and Secretary to Government, Health Department, State of Tamil Nadu for their special attention for remedying the situation in a war-footing manner as health of the people will be affected if immediate steps are not taken to remedy the situation. For consideration of further report, post on 22.3.2021

¶470

42.The matter was posted to 22.03.2021 for consideration of further report. On

¶471

22.03.2021, the matter was taken up and considered the report filed by the Mettupalayam Municipality dated 18.03.2021 e-filed on the same date

¶472

extracted in Para 2 of the order which reads as follows:

¶473

“REPORT OF THE COMMISSIONER, METTUPALAYAM MUNICIPALITY DATED 18.03.2021 IN THE MATTER OF O.A. NO. 10, 18, 58 AND 105 OF 2017 SUBMITTED BEFORE THE HONOURABLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI, AS PER THE ORDER DATED 17^TH FEBRUARY 2021.

¶474

The Municipality as well as the Health Department are also directed to submit their independent response regarding the steps to be taken by them for mitigating this issue as directed by the committee and also show cause why the compensation cannot be imposed and performance guarantee should not be imposed against them for non-compliance and performance guarantee should not be imposed against them for non-compliance of the directions within the time frame fixed by the committee before the next hearing date. For consideration of further report and status to be filed by the parties, post on 22.03.2021.

¶475

As per the direction of Honourable Green Tribunal Court, the committee has revised the long term measures and short terms works of the Mettupalayam Municipality on 17.03.2021.

¶476

In compliance of short term and long term measures in Mettupalayam Municipality we submitted as below.

¶477

Action taken for long term measures.

¶478

Under Ground Sewerage System (UGSS) and collection wells were under progress. Around 94% of the Sewerage Treatment Plant (STP) construction is completed as compared to 15% increase in progress with respect to inspection conducted in October 22, 2020. It was informed that due to pandemic COVID-19 situation and nationwide lockdown, the construction work was hampered. The Construction of inlet chamber. Sequential Batch Reactors and Chlorine Tank are completed and Construction of Blower Batch Building, administrative building and centrifuge building were under progress. It was informed that by the end of June 30, 2021 the construction & operation of the STP will be completed. The

¶479

[48]

¶480

overall progress of the UGSS scheme is 82%. The status report of construction of UGSS and STP is given in the table below:

¶481

1 Name of Scheme Under Ground Sewerage Scheme to METTUPALAYAM
Name of the Division Municipality in Coimbatore District
Name of the Executive Sewerage Division, Kuniyamuthur.
Engineer Er. J.K. Annadurai, B.E. MBA, 9360236553
Mobile No
Mettupalayam Municipality
Beneficiary
Population Benefited (in Lakh)
Population and Requirement Present (2017) Inter (2032) Ultimate
(2047)
0.715 0.773 0.836
2 Administrative Sanction G.O.(D) No. 389/MA&WS (MA3)dept/dt.09.09.2016 – Rs.
91.70 crores to install and Rs. 97.50 lakhs to maintain annually.
3 Technical Sanction CE/CBE No: 11/2016-17 dt. 24.02.2017 for 91.70 crore
4 Date of Work Order 1. Package-I: CE/TWAD Board/Coimbatore: Work Order
No. F. UGSS to MTP Mpty Package – I/SDO
(T1)/CE/CBE/2018/Dt: 09.04.2018.
2. Package – II: CE/TWAD Board/Coimbatore: Work order
No. F, UGSS to MTP Mpty Package-I/SDO
(T1)/CE/CBE/2018/Dt:09.04.2018
3. Package-III: CE/TYWAD/Cbe Work order no.F.UGSS to
MTP Mpty package III/SDO/(T1)/CE/Cbe/2018
dt.16.08.2018
5 Agreement No/date/Value & 1. Pac-I: Agt No CE/CBF/No 4/18-19 /dt. 04.05.2018 Rs.
Period 29.34 Cr/30 + 6 months
2. Pac-II: Agt No CE/CBF/No 4/18-19/dt.04.05.18 Rs.
37.46 Cr/30 + 6 months<br>3. Pac-III: Agt No. CE/Cbe/no.15/18-19/dt.12.09.18 Rs.
13.788 Cr./30 + 6 Month.
6 Date of Commencement of For Pac-I & II- 24.4.2018 & Pac-III – 12.9.2018
work
7 Name of Contractor Package I: M/s. VVV Construction Private Ltd., Annai Sathya
nagar Main Road, Nesapakkam, Channai – 600 078
Package II: M/s.. Keyem Engineering Enterprises, Kamaraj
Nagar, Thiruvanmiyur, Chennai – 600 041
Package II: R. Velumani, Avinashi
Scheduled
Name of the
Physical progress of work Financial Progress in lakhs date of
work
Sl. completion
No Total Progress Expenditure
Total
Qty of up to Balance % up to %
cost
work 16.03.2021 16.03.2021
Physical
progress
COLLECTION
SYSTEM
I Package I
Sewer line
1 29321 20105 9216
(Mts.) Pacakage I
Manholes – 10/2020
2 1342 1109 233 5166.47
(Nos) 69% Rs.9170 70% (Original)
Lakhs Lakhs
House Service 50/2021
3 Connection 10205 3550 6655 (Revised)
(Nos)
4 Road 28521 12465 16056

¶482

[49]

¶483

Restoration
Works (Meter)
Pumping Main
5 7699 6263 1436
(Meter)
Pumping
3 Nos
6 Station (Nos.) 3
completed
Lifting Station
6 Nos
(Nos.) 7 1
completed
Package II
II
Sewer Line
1 (Nos.) 45314 34102 11212
Manholes
2 (Nos.) 1977 1627 350
House Service
Connection
3 6795 2726 4069
(Nos.)
Package II-
Road
10/2020
Restoration
73% (Original)
Works (Meter)
4 35314 27700 7614 05/2021
Stoneware
(Revised)
Line
Pumping Main
5 (Metre) 6938 5154 1784
2 Nos.
Pumping
completed
6 Station (Nos.) 3 1
1 No. U/P
Lifting Station
7 (Nos.) 1 Completed
Sewerage
Treatment 94%
Plan – 8.65 94% (Original) 05/2021 (Revised)
III 1 No. 1
mld SBR Completed Package III – 3/2021
Method

¶484

Action taken for short term measures.

¶485

As per the recommendations of Joint Committee. It was suggested for the Mettupalayam Municipality to execute phytoremediation in the major drains adjoining the River Bahvani. The construction of wetland system with phytoremediation technic which is in the upstream side of Uppupallam Odai in Mettupalayam Municipality limit was completed.

¶486

As per the direction of Hon’ble National Green Tribunal Court, the committee has revised the long term measures and short terms works of the Mettupalayam Municipality on 17.03.2021 and also water samples have been collected at 7 different locations within Mettupalayam Municipality in the upstream and downstream of the River Bhavanai. The Municipality has taken stringent measures to prevent pollution of river water.”

¶487

43.Thereafter this Tribunal passed the following order:

¶488

The learned counsel appearing for the State departments wanted some more time to file their statement regarding the allegations made against the

¶489

[50]

¶490

Government Hospital, Mettupalayam regarding the non-compliance of the BioMedical Waste Management Rules, 2016 and Solid Waste Management Rules, 2016, as they are taking some steps to rectify the same.

¶491

The learned counsel appearing for the Tamil Nadu Pollution Control Board wanted some more time to file their report regarding the further action taken by them against the hospital authorities for non-compliance of the statutory rules. 6. The Mettupalayam Municipality has filed their status report stating that 94% of the Sewage Treatment Plant (STP) work has been completed and they may be able to complete the work and connect all sewage lines to the same thereby, the sewage will not be let into the Bhavani River by 30th June, 2021.

¶492

Considering the fact that the official respondents will be busy with election work and declaration of election results and without formation of new government, it may not be possible for them to take steps to do the things by allotting necessary funds etc. for this purpose, we feel that some more time can be granted to the authorities to come with their proper further action taken report to avoid pollution being caused to the Bhavani River.

¶493

It is mentioned in the written submission filed by the Joint Committee that the presence of Faecal Coliform (FC) which is due to discharge of sewage and on all other aspects, they are confirming with the criteria for drinking water and it is also mentioned that the presence of copper is in excess, which according to them, may be due to the natural geographical conditions.

¶494

However, the Health Department has not filed any statement as directed by this Tribunal.

¶495

10.So considering the circumstances, we feel that some more time can be granted to the Mettupalayam Municipality to complete the Under Ground Sewerage System (UGSS) and the Government Hospital, Mettupalayam to comply with the Solid Waste Management Rules, 2016 and BioMedical Waste Management Rules, 2016 and the Tamil Nadu Pollution Control Board is also directed to file further action taken report against the local bodies and hospital for non-compliance of the directions of the Principal Bench of National Green Tribunal in respect of Solid Waste Management Rules, 2016 and the BioMedical Waste Management Rules, 2016 on or before 05.07.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.

¶496

11.The Registry is directed to communicate this order to the members of the committee, official respondents, Pollution Control Board including the Chief Secretary, State of Tamil Nadu, Principal Secretaries of Health Department and Local Bodies by e-mail immediately for their information and compliance.

¶497

44.The case was posted to 05.07.2021 for consideration of further reports. The

¶498

matter was taken up on 15.07.2021 and considered the further report filed by the Joint Committee signed by one of the members on 01.07.2021, e-filed on

¶499

06.07.2021extracted in Para 4 of the order which reads as follows:

[51]

[52]

[53]

[54]

[55]

[56]

[57]

[58]

45.Thereafter, this Tribunal passed the following order:

¶509

The applicant in O.A. No. 58 of 2017 had filed written submissions in the form of objections to the joint committee report. The applicant had mentioned that apart from the sewage and garbage dumping etc., in the drain which ultimately reaches the River Bhavani as one of the reasons for polluting the water, there are other sources of pollutants as pointed out in the earlier objections. They have a raised a specific issue that the trade effluents released from ITC also mixes with the Bhavani River and they have also mentioned that there are three major pollution sources / points above this intake-well, (1) the confluence point of Periapallam where polluted water caused by the ITC mixes

¶510

[59]

¶511

with the Bhavani River (II) Saradha Terry Products and (III) the confluence point of Kallaru River and all these water reaches the Bhavani River which will ultimately polluted the river water. Unless these issues are also addressed, it may not be possible to resolve the entire issue in a scientific manner.

¶512

They have also mentioned in the written submissions that the committee has not properly understood the points that have been raised by them in the earlier objection and that also will have to be revisited. So under such circumstances, we direct the joint committee to inspect the area mentioned in the written submissions submitted in the applicant in O.A. No. 58 of 2017 and consider those objections and after inspecting the areas and Industries to ascertain as to whether the ETP and other trade effluents mechanisms provided are efficiently functioning and whether there is any possibility of illegal discharge of untreated trade effluents into any of the drains or the water body directly in a clandestine manner so as to affect the water quality and also take the water samples from those points as well, to ascertain as to whether there is any possibility of pollution being caused due to illegal discharge of trade effluents and if there is any contamination caused then they are directed to find out the source and provide remediation required for that purpose.

¶513

They are also directed to consider the Research study on Pollution conducted by the Directorate of Natural Resources Management of Tamil Nadu Agricultural University, which was given to the Tamil Nadu Pollution Control Board on 31.03.2016 and consider whether the recommendations if any made by the committee in that case and the directions given by the Tamil Nadu Pollution Control Board pursuant to the same have been strictly implemented and if not, what is the gap and what is the nature of action taken by the Tamil Nadu Pollution Control Board in this regard.

¶514

The committee is also directed to ascertain as to whether the industries mentioned in the written submissions filed by the applicant, dated 30.06.2021 are treating the effluents generated by them in a scientific manner and what is the quantity of the effluents generated, how it is treated and the treated water is being used by them and whether that treated water if any, used for irrigation is fit for irrigation as such and if not, what are the remediation measures to be taken to rectify the same and whether the inlet and outlet discharges from the treatment plants are meeting the norms and if not what is the remedial measures to be taken by them and if there is any violation found, what is the action taken by them. All the above aspects will have to be incorporated in the report to be filed by them.

¶515

10.The applicant is directed to submit a copy of the written submissions filed by them which was considered by this Tribunal today to the members of the committee within a week, so as to enable them to comply with the direction. 11.The committee, the Health Department and also to the Mettupalayam Municipality are directed to submit their further progress report regarding the compliance of the recommendations made by the joint committee earlier.

¶516

12.The Tamil Nadu Pollution Control Board is also directed to file an independent report regarding the further action taken reports for the past as well as the continuing violations that are being committed by the officials who are not complying with the Bio-Medical Waste Management Rules, 2016 and Solid Waste Management Rules , 2016 which also indirectly causes pollution to the Bhavani River and that also will have to be addressed while considering these aspects.

¶517

13.The learned counsel appearing for the State of Tamil Nadu State Department submitted that the Director of Health Department wanted to file a detailed compliance report for the recommendations of the committee. Since he is not a party to the proceedings, they may be permitted to file the counter.

¶518

14.It may be mentioned here that since the District Collector is a party to the proceedings and he can file an independent report after collecting all the details from the concerned Government Departments regarding the action taken to abate such violations if they so desire.

¶519

15.The committee as well as the respective Departments are directed to file their further independent reports as directed by this Tribunal on or before 09.09.2021 by e-filing in the form of searchable PDF/OCR Support PDF and

¶520

[60]

¶521

not in the form of Image PDF along with necessary hard copies to be produced as per rules.

¶522

16.The Registry is directed to communicate this order to the members of the committee, official respondents, Tamil Nadu Pollution Control Board including the Chief Secretary, State of Tamil Nadu, Principal Secretaries of Health Department and Local Bodies by e-mail immediately for their information and compliance.

¶523

46.The case was posted to 09.09.2021 for consideration of further report. On

¶524

09.09.2021, this Tribunal had considered the report submitted by

¶525

Mettupalayam Municipality dated 03.09.2021 extracted in Para 2 of the

¶526

order which reads as follows:

¶527

[61]

¶528

[62]

¶529

47.Thereafter, this Tribunal passed the following order

¶530

Considering the report, it is seen that Coonoor Municipality is also contributing some pollution to Kallaru River, which ultimately joins Bhavani River. The Mettupalayam Municipality and Coonoor Municipality have not made as a party to the Suo Motu proceeding initiated by this Tribunal. Further, the Government Hospital, Mettupalayam is also contributing pollution, as they are not properly treating the sewage and other effluents generated within the hospital and they are not implementing the Bio Medical Waste Management Rules, 2016 as well, which results in discharge of untreated effluents into the drain which ultimately reaches the Bhavani River. 5. So, we feel that it is necessary to implead the Principal Secretary for Health and Family Welfare, Government Hospital, Mettupalayam, Mettupalayam Municipality and Coonoor Municipality are necessary parties to the proceeding. So, they are impleaded as additional respondents 11 to 14 in O.A. No. 10 of 2017 (SZ) respectively Suo Motu by this Tribunal. The Office is directed to carry out the amendment in the cause title. Mr. B. Anand proposed to appear for Mettupalayam Municipality. Mr. N.K. Ponraj represented Mr. P. Srinivas, counsel for Page 27 of 31 the Coonoor Municipality. Dr. D. Shanmuganathan standing counsel represented the Principal Secretary for Health and Family Welfare and Government Hospital, Mettupalayam. So, service is complete.

¶531

The Registry is directed to communicate this order along with the report submitted and the gist of the Suo Motu proceedings and copy of the newspaper report to the newly added respondents viz., respondent 11 to 14.

¶532

[63]

¶533

It is seen from the report submitted by the Joint Committee that study conducted by the Director of Natural Resources Management, Tamil Nadu Agricultural University found that the water samples analysed are unfit for human and domestic consumption and for agricultural purpose. They also noticed higher pH in soil samples which can lead to reduction in crop fields by above 50%. However, the Joint Committee relied on the subsequent report filed by the Tamil Nadu Agricultural University, whom the industry had engaged for making study to suggest the remedial measures to resolve the issue. The Joint Committee has only relied on the latest report and observed that there is no pollution. Ideally, the Pollution Control Board itself should have conducted the study and filed a report. In respect of M/s. Sharadha Terry Products Ltd., it is seen that 419 Tonnes of chemical sludge is still remaining in the closed shed and they have also stored hazardous waste mixed salt of 4,311 Tonnes which was generated from Agitated Thin Film Drier (ATFD) during its process. The Tamil Nadu Pollution Control Board has to clarify as to whether this is within limit as per the consent granted and if not, what is the action taken by them. The result of effluent samples taken by the Pollution Control Board reveals very high TDS as well as Chloride and there is no observation made regarding the reason and source of such pollution of high quantity in the report filed by the Tamil Nadu Pollution Control Board. 8. They have not mentioned as to whether the hazardous waste and sludge kept in the industrial premises is within the permissible limit and also within the permissible time as provided under the respective rules and if not, what is the nature of action taken by the State Pollution Control Board in this regard. 9. The committee is directed to get an independent report regarding the soil sample and water sample within the factory premises where the treated effluent is being discharged and the nearby agricultural fields and if it is found to be contaminated and not fit for agricultural purpose, then suggest the remedial measures to be taken, apart from assessing environmental compensation for damage caused to the environment.

¶534

10.The learned counsel appearing for the applicant in O.A. No.58/2017 submitted that the objection raised by the applicant in Para 3 of his written submission dated 30.06.2021, e-filed on 02.07.2021 has not been considered by the joint committee.

¶535

So, the committee is directed to answer that aspect as well, so that, consideration of that aspect also can be considered by the Tribunal while hearing the matter at the time of final hearing.

¶536

12.The learned counsel appearing for the Pollution Control Board as well as State Department submitted that the Hospital authorities have obtained necessary sanction for providing STP within the premises of the hospital and they have undertaken that they will be able to complete the process and make the STP functional by end of November-2021.

¶537

13.It is not mentioned in the report as to whether the Government Hospital, Mettupalayam is complying with the provisions of the Solid Waste Management Rules, 2016 as well as Bio Medical Waste Management Rules, 2016 and what are all the steps taken by them in this regard and whether the steps taken by them are sufficient to meet the situation and if not, what is the further action taken by the Pollution Control Board in this regard against the hospital authorities.

¶538

14.The learned counsel appearing for the State Department submitted that as regards the Bio Medical Waste Management Rules, 2016 is concerned, they are complying with the same and they engaged some agency for collection and disposal of the biomedical waste generated within the hospital premises. 15.The learned counsel appearing for the State Department also submitted that necessary consent for establishment of the STP has been granted and the hospital authorities are undertaking the construction work.

¶539

16.The Tamil Nadu Pollution Control Board is also directed to take samples of the water before 30th September, 2021 to ascertain as to whether there was any improvement in the water quality on account of steps taken by the municipalities, Government Hospital, Mettupalayam and also the industry in this regard.

¶540

[64]

¶541

17.The Pollution Control Board is at liberty to engage any other independent agency other than the Tamil Nadu Agricultural University who has been engaged by the industry as their consultant to get assistance in this regard. 18. So, they are directed to file status report regarding the implementation of the Solid Waste Management Rules, 2016 and Bio Medical Waste Management Rules, 2016 in the Government Hospital, Mettuapalaym, as several violations have been alleged in the earlier report submitted by the Joint Committee.

¶542

19.They are directed to submit the above reports to this Tribunal on or before 23.11.2021 by e-filing in the form of Searchable PDF/OCR Page 31 of 31 Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.

¶543

20.The Registry is directed to communicate this order to the members of the committee, official respondents, Tamil Nadu Pollution Control Board and also to the newly impleaded additional respondents 11 to 14 by e-mail immediately for their information and also for compliance of the direction.

¶544

48.The matter was posted to 23.11.2021 for consideration of further reports. On

¶545

23.11.2021, the Tribunal considered the order passed on 09.09.2021

¶546

extracted in Para 1 of the order and considered the report submitted by the Chief Medical Officer, Government Hospital, Mettupalayam, Coimbatore

¶547

dated nil signed on 20.11.2021, e-filed on 23.11.2021 extracted in Para 3 of

¶548

the order which reads as follows:

[65]

[66]

[67]

49.Thereafter, the Tribunal passed the following order:

¶553

It is mentioned in the report that probable completion of establishment of Sewage Treatment Plant (STP) will be 15.12.2021.

¶554

The learned counsel appearing for Tamil Nadu Pollution Control Board (TNPCB) submitted that the water samples were taken during September 2021 which is sent for analysis and they had proposed to conduct the inspection during November, but due to heavy rain they [14] could not conduct the inspection. Now they proposed to conduct the inspection on 7 and 8th of December 2021, so they wanted some time for filing the report.

¶555

Considering the circumstances, we feel that some time can be granted to the committee to submit the report and they are directed to submit the report to this Tribunal on or before 23.12.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.

¶556

The committee is directed to answer all the issues raised by this Tribunal in the order dated 09.09.2021 while submitting the report.

¶557

The Registry is directed to communicate this order to the members of the committee, official respondents through e-mail immediately for their information and for compliance of the direction.

¶558

50.The case was posted to 23.12.2021 for consideration of further reports. The

¶559

matter was taken up on 01.02.2022, the Tribunal considered the Joint

¶560

Committee report dated 21.12.2021, e-filed on 22.12.2021 extracted in Para

¶561

3 of the order which reads as follows:

¶562

“REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE

¶563

HONOURABLE NGT SOUTH ZONE IN THE MATTER OF O. A. NO.10, 18, 58 AND 105 OF 2017 SUBMITTED BEFORE THE HONOURABLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI, AS PER THE ORDER DATED SEPTEMBER 09, 2021 & NOVEMBER 23 ,2021

¶564

BACKGROUND

¶565

The Hon’ble National Green Tribunal, Southern Zone, Chennai in O.A. No. 10, 18, 58 and 105 of 2017 has directed as follows in its order dated: 09.09.2021; The copy of the order is attached as Annexure II.

¶566

“7. It is seen from the report submitted by the Joint Committee that study conducted by the Director of Natural Resources Management, Tamil Nadu Agricultural University found that the water samples analysed are unfit for human and domestic consumption and for agricultural purpose. They also noticed higher pH in soil samples which can lead to reduction in crop fields by above 50%. However, the Joint Committee relied on the subsequent report filed by the Tamil Nadu Agricultural University, whom the industry had engaged for making study to suggest the remedial measures to resolve the issue. The Joint Committee has only relied on the latest report and observed that there is no pollution. Ideally, the Pollution Control Board itself should have conducted the study and filed a report. In respect of M/s. Sharadha Terry Products Ltd., it is seen that 419 Tonnes of chemical sludge is still remaining in the closed shed and they have also stored hazardous waste mixed salt of 4,311 Tonnes which was generated from Agitated Thin Film Drier (ATFD) during its process. The Tamil Nadu Pollution Control Board has to clarify as to whether this is within limit as per the consent granted and if not, what is the action taken by them. The result of effluent samples taken by the Pollution Control

¶567

[68]

¶568

Board reveals very high TDS as well as Chloride and there is no observation made regarding the reason and source of such pollution of high quantity in the report filed by the Tamil Nadu Pollution Control Board.

¶569

8. They have not mentioned as to whether the hazardous waste and sludge kept in the industrial premises is within the permissible limit and also within the permissible time as provided under the respective rules and if not, what is the nature of action taken by the State Pollution Control Board in this regard.

¶570

9. The committee is directed to get an independent report regarding the soil sample and water sample within the factory premises where the treated effluent is being discharged and the nearby agricultural fields and if it is found to be contaminated and not fit for agricultural purpose, then suggest the remedial measures to be taken, apart from assessing environmental compensation for damage caused to the environment.

¶571

10. The learned counsel appearing for the applicant in O.A. No.58/2017 submitted that the objection raised by the applicant in Para 3 of his written submission dated 30.06.2021, e- filed on 02.07.2021 has not been considered by the joint committee.

¶572

11. So, the committee is directed to answer that aspect as well, so that, consideration of that aspect also can be considered by the Tribunal while hearing the matter at the time of final hearing.

¶573

12. The learned counsel appearing for the Pollution Control Board as well as State Department submitted that the Hospital authorities have obtained necessary sanction for providing STP within the premises of the hospital and they have undertaken that they will be able to complete the process and make the STP functional by end of November-2021.

¶574

13. It is not mentioned in the report as to whether the Government Hospital, Mettupalayam is complying with the provisions of the Solid Waste Management Rules, 2016 as well as Bio Medical Waste Management Rules, 2016 and what are all the steps taken by them in this regard and whether the steps taken by them are sufficient to meet the situation and if not, what is the further action taken by the Pollution Control Board in this regard against the hospital authorities.

¶575

14. The learned counsel appearing for the State Department submitted that as regards the Bio Medical Waste Management Rules, 2016 is concerned, they are complying with the same and they engaged some agency for collection and disposal of the biomedical waste generated within the hospital premises.

¶576

15. The learned counsel appearing for the State Department also submitted that necessary consent for establishment of the STP has been granted and the hospital authorities are undertaking the construction work.

¶577

16. The Tamil Nadu Pollution Control Board is also directed to take samples of the water before 30th September, 2021 to ascertain as to whether there was any improvement in the water quality on account of steps taken by the municipalities, Government Hospital, Mettupalayam and also the industry in this regard.

¶578

17. The Pollution Control Board is at liberty to engage any other independent agency other than the Tamil Nadu Agricultural University who has been engaged by the industry as their consultant to get assistance in this regard.

¶579

18. So, they are directed to file status report regarding the implementation of the Solid Waste Management Rules, 2016 and Bio Medical Waste Management Rules, 2016 in the Government Hospital, Mettupalayam, as several violations have been

¶580

[69]

¶581

alleged in the earlier report submitted by the Joint Committee.

¶582

19. They are directed to submit the above reports to this Tribunal on or before 23.11.2021”

¶583

In this regard, the NGT Joint Committee in its Lr.No. DEE/TNPCB/CBN/NGT Appln.No.10,18,58 & 105 of 2017/2021 Dt:19.11.2021 “submitted that the officials of TNPCB, Coimbatore north had collected water samples in River Bhavani on 30.09.2021 as per the Hon’ble NGT order dated:09.09.2021 to ascertain as to whether there was any improvement in the water quality on account of steps taken by the Municipality, Government Hospital, Mettupalayam and industries. Soil samples were also collected in and around the unit premises of M/s. ITC Limited, Paper Boards and Specialty Boards Division, Unit on the same day. Water and soil samples were sent to laboratories for analysis and reports of analysis are yet to be received.” and “requested that the TNPC Board may kindly appraise the Hon’ble NGT(SZ), Chennai and two months time may please be obtained so as to carry out the Joint Committee inspection, samples collection, samples analysis and prepare the complete report and furnish the final report to the Hon’ble NGT(SZ), Chennai before the next hearing” The Hon’ble National Green Tribunal, Southern Zone, Chennai in O.A. No. 10, 18, 58 and 105 of 2017 has directed as follows in its order dated: 23.11.2021; The copy of the order is attached as Annexure III

¶584

“6. Considering the circumstances, we feel that some time can be granted to the committee to submit the report and they are directed to submit the report to this Tribunal on or before 23.12.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.

¶585

7. The committee is directed to answer all the issues raised by this Tribunal in the order dated 09.09.2021 while submitting the report.

¶586

9. for consideration of further reports, post on 23.12.2021” REPORT ON THE ISSUES RAISED BY THE HON’BLE NGT IN IT’S ORDER DATED: 09.09.2021 & 23.11.2021

¶587

M/S. SHARADHA TERRY PRODUCTS LTD

¶588

It is informed by M/s. Sharadha Terry Products Ltd vide its letter dated 17.12.2021, that they have paid an advanced amount Rs. 2,33,000/- to the unit of M/s. Ultratech Ltd, Ariyalur for the disposal of ETP sludge on 02.11.2020. The unit has disposed the ETP sludge 142.86 Tons for the amount of Rs.1,34,841/- so far and balance amount Rs.1,01,159/- is pending with the unit of M/s. Ultratech Ltd, Ariyalur. Further, it is submitted that the unit M/s. Ultratech Ltd, Ariyalur was contacted through telephone and it is ascertained that the unit was not in operation since May 2021 due to the technical faults in kilns and also due to the pandemic situation and heavy rain fall in this monsoon. The unit has assured to dispose the same on or before 31.12.2021.In this regard, the unit has been addressed by the Chairman of the Committee / District Collector to complete the disposal of balance quantity of sludge within 31.12.2021. (Copy enclosed)

¶589

[70]

¶590

In the report of the Joint Committee for the order dated July 15, 2021, the result of effluent samples TDS & Chlorides were found to be high. The samples taken for analysis are from ETP Inlet and RO Feed (ETP Outlet). The results obtained are from the primary treatment only and further treatment (Reverse Osmosis, Multiple effect evaporators etc.,) is carried out by the unit before reusing the treated effluent back into the process. Further, M/s. Sharadha Terry Products Ltd is achieving Zero Liquid Discharge (ZLD) system in its premises.

¶591

M/S. ITC LIMITED, PAPER BOARDS AND SPECIALTY BOARDS

¶592

DIVISION, UNIT

¶593

In compliance to the Hon’ble NGT direction, joint committee has inspected the unit on

¶594

08.12.21 and taken water samples from the following points, M/s. ITC Limited, Paper Boards and Specialty Boards Division ETP Inlet, M/s. ITC Limited, Paper Boards and Specialty Boards Division ETP Outlet, M/s. ITC Limited, Paper Boards and Specialty Boards Division Treated effluent pumping tank Near Vermi compost area, Surface Water Near Kumachiparai odai near Mr.Duraisamy Thottam, Open well at Mr.Duraisamy Thottam, Bore well at irrigation land (Coconut Farm) backside of vermi compost, Open well at Mr.Pettaiyan Thottam and sent for analysis to Advanced Environmental Laboratory, Coimbatore and Advanced Environmental Laboratory, Salem. Soil samples were also collected and sent for analysis to Glens Innovation labs Pvt Ltd, Chennai.(NABL accredited Laboratory)

¶595

The results of analysis effluent samples collected from the unit M/s. ITC Limited, Paper Boards and Specialty Boards Division by the officials of TNPCB on 30.09.2021 are tabulated as below:

¶596

S. No.	Paramet ers	Unit	ETP Inlet	ETP Outlet	Treated effluent pumping tank Near Vermin compost area	Standards for on land for irrigation
1.	pH at 25°c	Number	6.96	7.84	7.65	5.5-9.0
2.	Conductivity at 25°c	µmhos/ cm	4450	3570	3600	-
3.	Total Suspended Solids	mg/l	4498	90	62	200
4.	Total Dissolved Solids	mg/l	3148	1840	1802	2100
5.	BOD (at 27°C for 3 days)	mg/l	810	22	19	100
6.	COD	mg/l	4480	192	184	-
7.	Ammonical Nitrogen	mg/l	<2	<2	<2	-
8.	Total Kjeldahl Nitrogen	mg/l	7.28	<5	5.6	-
9.	Sulphide	mg/l	2.4	<1.0	<1.0	-
10.	Phenolic	mg/l	<0.001	<0.001	<0.001	-

¶597

[71]

¶598

	Compounds
11.	% Sodium	%	40	58	55	60
12.	Iron Total as Fe	mg/l	1.07	0.05	0.17	--
13.	Total Chromium	mg/l	<0.01	<0.01	<0.01	-
14.	Copper*	mg/l	0.8468	0.7438	0.2468	-
15.	Zinc*	mg/l	0.9439	0.6388	0.4359	-
16.	Lead*	mg/l	<0.015	<0.015	<0.015	-
17.	Cadmium*	mg/l	<0.0008	<0.0008	<0.0008	-
18.	Nickel*	mg/l	0.2458	0.1051	0.0758	-

¶599

The report of analysis of the samples taken from ETP Inlet, ETP Outlet & Treated effluent pumping tank Near Vermin compost area in M/s. ITC Limited and in surrounding areas reveals that the parameters are within the discharge standards for on land for irrigation water as prescribed by the Tamilnadu Pollution Control Board.

¶600

The results of analysis for the soil samples are awaited from Glens Innovation labs Pvt Ltd, Chennai and further detailed report will be submitted on receipt of the same.

¶601

COMPLIANCE OF DIRECTIONS BY TNPCB

¶602

The water samples from the bore wells located in the unit’s irrigation land and neighbours agriculture land and the surface water samples from the Odai (canal) located near the unit were collected during inspection by the officials of TNPCB on 30.09.2021 and results are tabulated as below:

¶603

S. No.	Parameters	Unit	1	2	3	4	Standards for on land for irrigation by TNPCB
1.	pH at 25°c	Numb er	7.98	8.82	7.45	7.85	5.5-9.0
2.	Conductivity at 25°c	µmh os / c m	2660	1585	3430	762	-
3.	Total Suspende d Solids	mg/l	1 2	10	10	24	200
4.	Total Dissolve d Solids	mg/l	1414	804	1974	420	2100
5.	BOD (at 27°C for 3 days)	mg/l	5	<2	<2	<2	100
6.	COD	mg/l	3 2	24	32	16	-
7.	Ammonical Nitrogen	mg/l	< 2	<2	<2	<2	-
8.	Total Kjeldahl Nitrogen	mg/l	< 5	<5	<5	<5	-
9.	Sulphide	mg/l	<1.0	<1.0	<1.0	<1.0	-

¶604

[72]

¶605

10.	Phenolic Compounds	mg/l	<0.001	<0.001	<0.001	<0.001	-
11.	% Sodium	%	4 1	30	46	28	60
12.	Iron Total as Fe	mg/l	<0.05	<0.05	<0.05	<0.05	--
13.	Total Chromiu m	mg/l	<0.01	<0.01	<0.01	<0.01	-
14.	Copper*	mg/l	0.5460	0.3492	0.7460	0.0596	-
15.	Zinc*	mg/l	0.7492	0.4162	0.5496	0.0751	-
16.	Lead*	mg/l	<0.015	<0.015	<0.015.	<0.015	-
17.	Cadmium*	mg/l	<0.0008	<0.0008	<0.000 8	<0.0008	-
18.	Nickel*	mg/l	0.0611	0.0811	0.0722	0.0412	-

¶606

Note: 1. (Surface Water) Kumachiparai odai near Mr.Duraisamy Thottam, 2. (Open well water) Open well at Mr. Duraisamy Thotta, 3. (Bore well Water) Bore well at irrigation land (Coconut Farm) backside of vermin compost & 4. (Open well water) Open well at Mr.Pettaiyan Thottam

¶607

In the ground and surface water, all the parameters are within the

¶608

permissible limits for irrigation standards prescribed by TNPCB.

¶609

The results of soil samples taken inside and outside the premises by TNPCB on 30.09.21 and got analyzed through Glens Innovation labs Pvt Ltd, Chennai are tabulated below:-

¶610

S. Cod Code Code - Code Code Code Code -
Parameters Unit Code - Limit*
N e - - 02 03 – - 05 - 06 07 08
o. 01 04
1 C:N Ratio - 7:32:1 5:35:1 3:48:1 4:34:1 7:19:1 8:49:1 4:1:1 7:83:1 -
Conductivit
2 µs/c 76 76 22 129 122 58 47 42 2000
y at 25 o C m
3 pH at 25 o C - 7.10 6.98 7.04 7.79 8.08 7.75 7.80 7.40 6 to 8
4 Phosphorus as P mg/ 4.4 1.8 11 2.3 8.7 6.5 5.4 4.0 -
kg
Potassium
5 as K mg/ 1692 1230 1481 1936 2205 1355 1550 1545 -
kg
Sodium
6 Absorptio - BD BDL BDL BD BD BD BDL B 5
n ratio L (DL:1. (DL:1.5 L L L (DL:1.5) D
(DL: 5) ) (DL: (DL:1 (DL:1 L
1.5) 1.5) .5) .5) (D
L:
1.5
)
7 Sodium as Na mg/ 164 147 156 122 191 169 146 132 -
kg
8 Cadmium as Cd mg/kg Q BL BLQ (LO (LOQ:2.BLQ Q BL Q BL Q BL (LOQ:2.BLQ BLQ 1.4
(LOQ:2.
(LO Q: 0) (LOQ (LOQ (LOQ 0)
0)
Q:2.0 2.0) :2.0) :2.0) :2.0)
)
Chromium mg/
9 30.49 15.86 15.85 18.33 22.49 14.75 21.17 21.61 6
as Cr kg
4
mg/
10 Copper as Cu 18.84 15.34 7.01 14.44 17.21 19.55 18.41 15.69 6
kg
3
11 Iron as Fe mg/ 7563.9 7154.98 4568.83 4475.1 5354.7 8074.5 9229.25 13304.5 -
kg
7 4 6 1 2

¶611

[73]

¶612

12	Lead as Pb	mg/ kg	BL Q (LO Q:2.0 )	BLQ (LOQ: 2.0)	BLQ (LOQ:2. 0)	BL Q (LOQ :2.0)	BL Q (LOQ :2.0)	BL Q (LOQ :2.0)	BLQ (LOQ:2. 0)	BLQ (LOQ:2. 0)	7 0
13	Magnesium as Mn	mg/ kg	169.59	99.55	53.48	107.1	82.78	83.08	88.09	64.52 -
14	Mercury as Hg	mg/ kg	BL Q (LO Q:2.0 )	BLQ (LOQ: 2.0)	BLQ (LOQ:2. 0)	3.11	BL Q (LOQ :2.0)	BL Q (LOQ :2.0)	BLQ (LOQ:2. 0)	BLQ (LOQ:2. 0)	6. 6
15	Nickel as Ni	mg/ kg	14.54	7.73	6.87	10.99	13.45	7.16	6.54	9.41	5 0
16	Zinc as Zn	mg/ kg	14.95	8.57	5.34	13.03	13.18	17.83	15.44	11.39	200

¶613

Note: Code 01 – Mr. Ashokrajkumar Thottam S/o. Easwara Gownder, Code 02 – Previously ETP sludge stored area, Code 03 –

¶614

Previously bottom ash stored area near stand by Boilser 44T/Hr, Code 04 – Kumachiparai Odai near Mr.Duraisamy Thottam , Code 05

¶615

– Mud Road in Between Kumachiparai Odai Mr.Duraisamy Thottam, Code 06 – Irrigation land (Coconut Farm) backside of vermi compost, Code 07 – Irrigation land by using fresh water near vermin compost, Code 08 – Irrigation land by using fresh water near vermin compost,

¶616

Standards as per Guidance document for assessment and remediation of contaminated sites in India 1st Edition, December 2015 by MoEF, GOI

¶617

All the soil parameters tested are within the limit as prescribed by MoEF, GOI.

¶618

3.0 OBJECTION RAISED BY THE APPLICANT IN PARA 3 OF HIS
WRITTEN SUBMISSION DATED 30.06.2021
The Joint committee has already replied for the objection raised by the applicant in
its report dated 28.12.2020 and it is submitted below:-
Objection raised by the applicant in
Para 3 of his written submission dated Reply
30.06.2021
The report is, primarily, defective on Earlier reply made by the Joint Committee in its report
the following counts: dated 28.12.2020 stated that
The Municipal Commissioner,
“The Municipal Commissioner, Mettupalayam in his
Mettupalayam, did not say anything
letters dated 16.03.2020 and 29.05.2020 assured to
in his report contrary to what had
complete the constructions of STP and UGSS by June 2021
been said in the Municipal and to make operational by June 2021.”
Resolution dated 11.06.2015. But he
Municipal commissioner, Mettupalayam has made
had been made to sign to the
resolutions dated 11.06.2015 to shift the water pumping
contrary as a member of the Joint
station from Samanna water pumping station to
Committee.
Vilamarathur. But later Municipal commissioner’s,
The demand of the people of Mettupalayam Lr. No2679/2017/E1 dated 16.03.2020
Mettupalayam which was reflected stated that to prevent the pollution in Bhavani River,
in the Resolution dated 11.06.2015 Sewage treatment plant has been proposed as per the GO
No. 389 dated 09.09.2016.
was just in accordance with the
precedent set in the year 2012 in
respect of Kaundanpalayam- In this aspect Municipal commissioner, Mettupalayam has
Vadavalli project in the year 2012 signed the Joint Committee report for installation of
Sewage Treatment Plant.
by the TWAD Board. But the Joint
Committee did not examine this
aspect.

¶619

4.0 GOVERNMENT HOSPITAL, METTUPALAYAM

¶620

[74]

¶621

The Hospital authorities in their letter dated 20.12.2021(Annexure IV) informed that they have obtained necessary sanction for providing STP within the premises of the hospital and stated that due to heavy rain and ongoing pandemic situation the civil construction has been delayed. The proposed completion date is 15.01.2022. In this regard, it has been addressed by the Chairman of the committee / District Collector to complete the construction of Sewage Treatment Plant at the earliest and report compliance. (Copy enclosed)

¶622

The Government Hospital, Mettupalayam is complying with the provisions of the Solid Waste Management Rules, 2016 as well as Bio Medical Waste Management Rules, 2016. The health care facility is disposing the Bio Medical Waste through TNPCB authorized Common Bio Medical Waste Treatment Facility M/s. Teknotherm Industries, Coimbatore. The Government Hospital, Mettupalayam has obtained valid consent order under the Water & Air Acts validity up to 31.03.2023. Currently the health care facility is discharging the sewage into Mettupalayam Municipality Public drain and effluent to Mettupalayam Municipality Public drain after proper disinfection. The Solid Waste generated from the health care facility is being disposed through local body.

¶623

5.0 MONITORING OF RIVER BHAVANI

¶624

The Officials of TNPC Board has monitored River Bhavani Stretch on December 08 2021. The River Bhavani water samples were collected at ten locations (Photographs attached) and analyzed in the Advanced Environmental Laboratory, TNPCB, Salem. Location Details

¶625

BR-01A: Near Kavundampalayam Scheme water pump house BR-01: Mr. Kittu’s Thottam, Vilamarathur,

¶626

BR-02-Badrakaliamman Koil,

¶627

BR-03A- Near Kuduthurai malai (Thekkampatti)

¶628

BR-03-Near Samanna Water Tank and Mettupalayam Municipality Water Pumping station (confluence point of Uppupallam Odai),

¶629

BR - 04Backside of Subramaniyar Temple(Afterconfluence of Uppupallam Odai) BR05 - V.O.C Street, Ward No.5 (After confluence of Srirengarayan Odai),

¶630

BR-06-Arulmigu Sithi Vinayagar Temple in Alangombu, BR-07- Near Subramaniyar Koil in Sirumugai

¶631

BR-08-Sirumugai water pumping station at Koothamandipirivu

¶632

The results of water samples are tabulated below:-

¶633

[75]

¶634

S. No.	Parameter s	Unit	BR- 01A	BR- 01	BR- 02	BR- 03A	BR- 03	BR- 04	BR- 05	BR- 06	BR- 07	BR- 08
1	Turbidity*	NTU	2.4	2.0	1.4	1.4	2.6	1.9	2.4	1.7	1.4	1.9
2	Colour*	(Hazen units)	<5	<5	<5	<5	<5	<5	<5	<5	<5	<5
3	Conductivit y at 25°c	µmhos/ cm	111	81	95	94	165	111	134	84	92	116
4	pH at 25°c	Number	7.47	7.08	6.58	6.66	6.68	6.75	6.64	6.57	6.49	6.40
5	Total Suspended Solids at 103°C - at 105°C	mg/l	4	4	4	4	4	4	4	4	4	4
6	Total Dissolved Solids at 180°C	mg/l	72	52	60	60	108	72	88	56	60	76
7	Chloride as Cl	mg/l	9	10	11	11	18	14	14	10	12	13
8	Sulphate as SO4	mg/l	<5	<5	<5	<5	<5	<5	<5	<5	<5	<5
9	Oil and Grease	mg/l	<4	<4	<4	<4	<4	<4	<4	<4	<4	<4
10	BOD (at 27°C for 3 days)	mg/l	<2	<2	<2	<2	<2	<2	<2	<2	<2	<2
11	COD	mg/l	8	8	8	8	8	8	8	8	8	8
12	Manganese *	mg/l	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1
13	Ammonical Nitrogen as NH3-N	mg/l	<2	<2	<2	<2	<2	<2	<2	<2	<2	<2
14	Total Kjeldahl Nitrogen	mg/l	<2	<2	<2	<2	<2	<2	<2	<2	<2	<2
15	Fluoride as F	mg/l	0.050	0.022	0.027	0.038	0.089	0.078	0.100	0.044	0.061	0.083
16	Ph. Compounds	mg/l	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05
17	% Sodium	%	31	18	17	17	22	26	23	17	16	25
18	Total Hardness as CaCO3	mg/l	23	22	26	25	47	28	37	23	27	24
19	Alkalinity as CaCO3	mg/l	36	22	30	28	44	44	52	29	31	38
20	Ph. Alkalinity*	mg/l	<1	<1	<1	<1	<1	<1	<1	<1	<1	<1
21	Nitrate Nitrogen as NO3	mg/l	0.076	0.011	0.022	0.022	0.054	0.032	0.043	0.022	0.032	0.043
22	Nitrite Nitrogen as NO2	mg/l	0.007	0.002	0.003	0.002	0.010	0.006	0.006	0.002	0.002	0.006
23	Phosphate as PO4	mg/l	0.057	0.032	0.036	0.041	0.097	0.081	0.093	0.036	0.049	0.057
24	Cyanide	mg/l	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05
25	Calcium as Ca	mg/l	7.6	6.0	8	6.4	11	6.8	7.6	5.2	6.4	6.4
26	Magnesium as	mg/l	0.9	1.7	1.4	2.1	4.6	2.6	4.3	2.4	2.6	1.9
27	Mg Sodium as Na	mg/l	4.9	2.3	2.6	2.5	6.3	4.7	5.3	2.2	2.4	8.9

¶635

[76]

¶636

28	Potassium as K	mg/l	1.1	0.6	0.9	0.8	1.4	1.2	1.5	0.7	0.9	0.9
29	Iron Total as Fe	mg/l	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05
30	Dissolved Oxygen	mg/l	6.3	6.4	6.1	6.3	6.4	6.2	6	6.6	6.7	6.5
31	Free Ammonia*	mg/l	0.297	0.297	0.297	0.297	0.297	0.297	0.297	0.297	0.297	0.297
32	Boron*	mg/l	<0.002	<0.002	<0.002	<0.002	<0.002	<0.002	<0.002	<0.002	<0.002	<0.002
33	Hexavalent Chromium	mg/l	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05
34	Total Residual Chlorine*	mg/l	<1	<1	<1	<1	<1	<1	<1	<1	<1	<1
35	SAR*	mg/l	0.4	0.2	0.2	0.2	0.4	0.4	0.4	0.2	0.2	0.4
36	Residual Sodium Carbonate*	-	(-Ve)	(-Ve)	(-Ve)	(-Ve)	(-Ve)	(-Ve)	(-Ve)	(-Ve)	(-Ve)	(-Ve)
37	Total Chromium	mg/l	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05	<0.05
38	Copper*	mg/l	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2
39	Zinc*	mg/l	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1
40	Lead*	mg/l	<0.5	<0.5	<0.5	<0.5	<0.5	<0.5	<0.5	<0.5	<0.5	<0.5
41	Cadmium*	mg/l	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1	<0.1
42	Nickel*	mg/l	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2	<0.2
43	Feacal Coliform*	MPN/ 100ML	7.8	6.8	14	13	6.1	17	17	12	13	14
44	Total Coliform*	MPN/ 100ML	22	15	39	39	14	32	31	26	31	33

¶637

Note: BR-01A: Near Kavundampalayam Scheme Water Pump House, BR – 01: Mr. Kittu’s Thottam, Vilamarathur, BR-02-Badrakaliamman Koil, BR-03A - Near Kuduthurai Malai (Thekkampatty Panchayat) BR – 03 - Near Samanna Water Tank and Mettupalayam Municipality Water Pumping station BR-04 -Backside of Subramaniyar Temple(Afterconfluence of Uppupallam Odai) BR-05 - V.O.C Street, Ward No.5 (After confluence of Srirengarayan Odai), BR-06 -Arulmigu Sithi Vinayagar Temple in Alangombu, BR-07- Near Subramaniyar Koil in Sirumugai and BR-08 - Sirumugai water pumping station at Koothamandipirivu

¶638

From the above table, it clearly shows discharge of sewage from local bodies

¶639

and hence there is presence of coliform in all locations. Other parameters are within the permissible limits for drinking water standards except Turbidity and Copper which is found slightly higher than the drinking water standards in all locations, which may be due to natural resources. In this regard, the Commissioner, Mettupalayam Municipality has been addressed by the Chairman of the committee / District Collector to complete the construction of Sewage Treatment Plant at the earliest and report compliance. (Copy enclosed)

¶640

6.0 JOINT COMMITTEE INSPECTION

¶641

The Joint Committee had inspected the River Bhavani Stretch on December 08 2021. The River Bhavani water samples at ten locations, soil & water samples in and around the unit of M/s. ITC Limited, Paper Boards and Specialty Boards Division, Unit were collected and sent to Laboratories for analysis. The reports of analysis are yet to be received from the laboratories.

¶642

Report dated December 21, 2021”

¶643

[77]

¶644

51.The Tribunal also considered the report filed by the Chief Medical Officer, Government Hospital, Mettupalayam Municipality signed by the officer on 31.01.2021, e-filed on 01.02.2022 extracted in Para 5 of the order which reads as follows:

¶645

[78]

¶646

[79]

¶647

52.Thereafter this Tribunal passed the following order:

¶648

In the Joint Committee report, it was mentioned that they have collected the soil and water samples from the compound of M/s. ITC Limited, Paper Boards and Speciality Boards Division and sent it for analysis and they are awaiting the report and once the same is received, they may be able to come up with the further report.

¶649

It is also seen from the Joint Committee report that construction of the Sewage Treatment Plant (STP) will be completed by end of December2021 in the Government Hospital, Mettupalayam and they may be able to commission the same by end of January-2022.

¶650

The Tamil Nadu Pollution Control Board is also expected to file an independent report regarding the sufficiency of the temporary remedial measures undertaken by the Mettupalayam Municipality and suggest further remedial measures (if any) to be done by them to avoid the untreated sewage from reaching the water body.

¶651

The learned counsel appearing for the State Departments submitted that civil work of STP has been completed and they may be able to commission the same immediately after getting the electric connection. The State Departments are expected to expedite the commissioning of STP in the Government Hospital so as to prevent the untreated sewage being discharged into the drain which ultimately reaches the Bhavani River.

¶652

10.The Chief Medical Officer, Government Hospital, Mettupalayam, Tamil Nadu Pollution Control Board and the Joint Committee are directed to file the further report as directed by this Tribunal on or before 28.02.2022 by e-filing

¶653

[80]

¶654

in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules. 11.The Registry is directed to communicate this order to the official respondents, members of the Joint Committee, Tamil Nadu Pollution Control Board and the Chief Medical Officer, Government Hospital, Mettupalayam by e-mail for their information and compliance of directions.

¶655

53.Thereafter, this Tribunal received the further Joint Committee report dated

¶656

25.02.2022 answering the objections raised by the applicant to the Joint

¶657

Committee report e-filed on 25.02.2022 which reads as follows:

[81]

[82]

[83]

[84]

[85]

[86]

[87]

[88]

54.We have also received the report submitted by the Chief Medical Officer,

¶667

Government Hospital, Mettaupalayam, Coimbatore signed by the officer on

¶668

24.02.2022, e-filed on the same date which reads as follows:

¶669

[89]

¶670

55.It is seen from the report of the Chief Medical Officer that the combined

¶671

sewage treatment plant in Government Hospital has been completed and the electricity supply was commissioned and the test operation was done on 23.02.2022.

¶672

56.We have also received another report submitted by the Chief Medical Officer, Government Hospital, Mettaupalayam, Coimbatore signed by the officer on 24.03.2022, e-filed on 25.03.2022 which reads as follows:

¶673

[90]

¶674

57.It is seen from the report that the combined sewage treatment plant was

¶675

completed and it was put to operation.

¶676

58.Heard the Learned Counsel for the applicant in O.A. No. 58 of 2017 and also

¶677

the official respondents including the local bodies.

¶678

59.The Learned Counsel appearing for the applicant in O.A. No. 58 of 2017 submitted that the location of the STP now provided by Mettupalayam

¶679

[91]

¶680

Municipality will not serve the purpose as it has to be shifted to downstream of the river and no purpose will be served by locating the STP in that place and it has to be relocated in the upstream as suggested by the applicant, then only the purpose of the establishment of the STP will be fulfilled.

¶681

60.The Learned Counsel appearing for Mettuapalayam submitted that 98 per cent of the work of the STP has been completed and it is not feasible to shift the present STP to the location suggested.

¶682

61.The applicant in O.A. No. 58 of 2017 has produced the sketch regarding

¶683

changing of drawing of water from the present location to another location

¶684

which was reproduced below:

¶685

62.The Learned Counsel for the applicant in O.A.No. 58 of 2017 explained

¶686

before us that at present the water is being drawn by Mettupalayam Municipality from point 11and if it is shifted to point no. 1, then major point for pollution can be avoided. When this was pointed out, the Learned

¶687

[92]

¶688

Counsel appearing for the Metupalayam Municipality submitted that they have proposed to draw additional water from point no. 1 shown by the applicant in O.A. No. 58 of 2017and a resolution has been passed in this regard and they are submitting necessary proposal to the Government in this regard. As and when sanction is granted, they will try to implement the same. The above submission is recorded.

¶689

63.The various reports submitted by Pollution Control Board show that lot of improvement happened in the water quality and also certain short term measures suggested by the Joint Committee have been implemented by the various local bodies. Further in respect of permanent solution to be provided, by establishing STP as the process is nearing completion and once the same is implemented, there will be further improvement in the water quality of

¶690

river Bhavani.

¶691

64.As regards the industrial effluent is concerned, the regulators have categorically stated that almost all industries are situated away from the Bhavani River and most of them are having their own effluent treatment plants and they are following zero liquid discharge system. Regular monitoring is being done by them and as and when any deficiency is found,

¶692

they are taking appropriate action against those industries which are not complying with the directions issued by them.

¶693

65.Since, most of the recommendations suggested by the Joint Committee have been implemented by the Government Hospital, Mettaupalayam Coimbatore and also by the local bodies and it will be impossible for this Tribunal to monitoring the implementation in a perpetual manner, we feel that the applications can be disposed of by giving following directions:

¶694

i. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of the various recommendations made by the Joint

¶695

[93]

¶696

Committee and if there was any delay or noncompliance observed , then they are directed to take appropriate action against those local bodies which are not taking action for complying with the recommendations of the Joint Committee.

¶697

ii. The Pollution Control Board is also directed to monitor the implementation of the Solid Waste Management Rules, 2016 and also direction given by the Principal Bench in O.A. No. 606 of 2018 in this regard by the local bodies which are situated along the upstream and downstream of Bhavani river which were referred to in the application and if there was any non-compliance found, then the Tamil Nadu Pollution Board is directed to take action against those Municipalities or local bodies as has been directed by the Principal Bench in O.A. No. 606 of 2018 in accordance with law.

¶698

iii. The Pollution Control Board is also directed to continue the monitoring of the industrial units and also monitor the water quality of Bhavani River periodically and if there is any contamination or pollution found, then trace out the sources of pollution and take action against those persons who are responsible for the same in accordance with law.

¶699

iv. The submission made by the Learned Counsel appearing for Mettaupalayam Municipality that a resolution has been passed for taking additional water from point no. 1 mentioned in the sketch produced by the Learned Counsel for the applicant in O.A. No. 58 of 2017 mentioned above while discussing the case by this Tribunal and decided to send a proposal to the Government for this purpose is recorded. They are directed to take necessary steps for implementation of that proposal after getting necessary permission and sanction from the Government, if

¶700

[94]

¶701

permissible, so that the Grievance of the applicant in O.A. No. 58 of 2017 can be redressed.

¶702

v. The Pollution Control Board is also directed to monitor the

¶703

implementation of the Solid Waste Management Rules, Biowaste Management Rules by the Mettupalayam Government Hospital and if there is any violation found, then they are directed to take appropriate action against them in accordance with law.

¶704

vi. The local bodies which are situated on the upstream and downstream of

¶705

the Bhavani River which were mentioned in the application are directed to strictly implement the Solid Waste Management Rules, 2016 and take steps not to discharge untreated sewage into river Bhavani and take all necessary steps to protect water bodies against encroachment and pollution as there is constitutional obligation on them to protect the water bodies under Article 48(A) of Constitution of India and also they have got a responsibility to provide clean water as part of right to life as enshrined in Article 21 of Constitution of India.

¶706

vii. The Director Rural Development, the Commissioner of Town Panchayat,

¶707

the Commissioner Municipal Administration, the Additional Chief Secretary for Municipal Administration and Water Supplies, the Chief Secretary to Government, State of Tamil Nadu are directed to monitor the Solid Waste Management Rules, 2016 and implementation of the directions of this Tribunal to avoid dumping of waste and also discharge of untreated sewage into the Bhavani River and protect the river from pollution.

¶708

viii.Considering the circumstances, the parties are directed to bear their respective costs in the applications.

¶709

[95]

¶710

ix. The Registry is directed to communicate this order to the Director Rural Development, the Commissioner Town Panchayat, the Commissioner Municipal Administration, the Additional Chief Secretary for Municipal Administration and Water Supplies, the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of the direction.

¶711

66.With the above directions and observations the applications are disposed of.

¶712

...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Dr. Satyagopal Korlapati)

¶713

O.A. No.10/2017(SZ), O.A. No.18/2017(SZ), O.A. No.58/2017(SZ)& O.A. No.105/2017(SZ), 28^th March, 2022. AM.

¶714

[96]

Mr.D.Sateesh Kumar S/O. K. Damodaran v. State Government of Tamil Nadu, Rep. by Its Chief Secretary

Case brief

What is this about?

What did the court decide?

Mr.D.Sateesh Kumar S/O. K. Damodaran v. State Government of Tamil Nadu, Rep. by Its Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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