The National Green Tribunal on Friday expressed its disappointment with the non-responsiveness of the Delhi Jal Board for not taking any remedial action against the bad odour from the Sewage Treatment Plant, Kondli in Delhi. The NGT was considering the issue for remedial action as the Sewage Treatment Plant was not operated as per norms. 

“The matter has been considered in the last two years on several occasions but we find the response of the Delhi Jal Board (DJB) to be disappointing,” noted the Bench comprising of Chairperson Adarsh Kumar Goel, JM Sudhir Agarwal and EM Dr. Nagin Nanda.

The NGT on November 12, 2021, directed the DJB, “It may be ensured that the Sewage Treatment Plant complies with the standards in terms of the consent, it operates as per its designed capacity and excess effluent is not bypassed untreated, in violation of the Water Act. Foul smell must be duly remedied. New odour control system may be duly assessed from time to time about its effectiveness and pending installation, interim effective arrangements are made for control of odour and compliance of standards.”

The original application was filed by the resident welfare association society.

On first date of hearing, 04.07.2019, the tribunal directed the Delhi Jal Board (DJB) and Delhi Pollution Control Committee (DPCC) to take appropriate action in accordance with law and furnish a factual and action taken report in the matter within one month.

Also Read: Allahabad HC directs UP Higher Education Service Commission to allow candidates with wrong number on receipts to write recruitment test

In the report filed by the DPCC, it is stated that based on water laboratory analysis of the samples collected at the outlet, 25 MGD STP (Phase-II) and 45 MGD STP (Phase-IV) are not meeting the prescribed standards and vide directions issued on 24.09.219, the DJB has been required to provide effective odour control mechanism by 31.03.2020. The said direction also required the DJB to rectify the deficiencies for proper operation and maintenance of STPs at Kondli.

The matter was re-considered on 27.09.2019 and direction was issued for further appropriate action by the Delhi Jal Board (DJB) in light of the report of the Delhi Pollution Control Committee (DPCC).

In view of seriousness of the violation of norms resulting in bad odour, the DJB may ensure that all remedial actions are completed by 31.03.2020 as directed by the DPCC and with this timeline in mind, all the necessary procedures may be preponed accordingly. The DJB may specify the person responsible for ensuring such compliance and consequences for failure including disciplinary action and recording such failure in the ACR. Name of such officer may be notified on the website of the DJB within one week from today.

The tribunal considered the matter on 09.07.2021 and finding failure of the Delhi Jal Board to perform its obligation of preventing odour at the Sewage treatment plant the Tribunal directed Delhi Jal Board to take further necessary action in the matter.

The applicant has submitted that inhabitants of the area are still forced to inhale hazardous gas on account of failure of the DJB.

We find that though it was earlier stated that odour control systems will be installed, in terms of report of the DJB dated 15.01.2020, no such steps have been taken. Merely dosing of Ferric Chloride, Primary Thickener-A covering and some plantation can hardly be held to be adequate steps in the matter.

The problem has been persisting since long but plea of pandemic is being taken to justify inaction. We do not understand why DJB is now shirking its responsibility and taking a contra stand that small steps taken are enough and no odour control system is required. This stand is against public interest and noncompliance of order of this Tribunal.

The DJB is held to be liable to pay cost of Rs. 5 lakh per month from 01.06.2021 till compliance. The CEO, DJB will be personally responsible for compliance. The CEO, DJB will be at liberty to take action against the erring officers in the matter. The CEO, DJB may remain present in person through video conferencing, along with the compliance status on the next date.

Also Read: Allahabad HC asks outgoing executive, Elder’s Committee of Bar Association to resolve dispute

In pursuance of the tribunal directions, Delhi Jal Board filed a report –

a) That in compliance of directions passed by this honourable tribunal Delhi Jal Board after taking approval from the Competent Authority, has issued Work Order to Joint Venture of M/s Aaxis Nano Technologies Pvt. Ltd. & M/s. Aquachem Enviro Engineers Pvt. Ltd. for the work of “Retrofitting of 45 MGD (PhaseIV) at Kondli, Delhi with Odour Control Units along with O&M of 5 years”.

b) That the Contract Agreement (CA) has been executed between Delhi Jal Board and JV of M/s. Aaxis Nano Technologies Pvt. Ltd & M/s. Aquachem Enviro Engineers Pvt. Ltd.

c) hat as per the work order issued to the contractor, the said work has to be completed within five months with regard to Supply, Installation, Testing & Commissioning of Odour Control System and thus as per the terms and conditions of the work order the work of installation and commissioning will be completed by January 2022.

d) That it is further submitted that the odour control system which is to be installed is supposed to be imported from Netherlands, Europe as per the specification mentioned in the agreement.

e) That the software for the purposes of online monitoring of Hydrogen Sulphide parameters as well as mobile application has been developed and is under testing stage and portable devices for H2S monitoring has been procured by the contractor.

f) Delhi Jal board is carrying out round the clock dosing of ferric chloride, so as to curb the bad odour. It is relevant to submit here that the results of dosing have been encouraging and the Sulphide content has considerably reduced and are under permissible limits as mentioned in the CPHEEO manual.

The original application stands disposed.

The National Green Tribunal‘s Principal Bench comprising chairperson Adarsh Kumar Goel, Judicial Member Sudhir Agarwal and Expert Member Dr Nagin Nanda directed the Principal Chief Conservator of Forests (PCCF) to take remedial action against illegal cutting of 150 trees by postal authorities at Postal Training Centre, Vadodara, Gujarat.

The original application was registered by the tribunal based on a complaint received by e-mail. “We are of the view that allegation needs to be first considered by the statutory authorities,” the NGT said.

Also Read: National Green Tribunal says its disappointed with non-responsiveness of Delhi Jal Board

The application was disposed of by the tribunal directing the Gujarat PCCF to look into the matter and take remedial action in accordance with law.

In a laudable move, the Tribunal has asked the Central Pollution Control Board to frame rules for the disposal of cigarette and bidi ends within three months.

By Gautam Mishra

The National Green Tribunal (NGT) has directed the Central Pollution Control Board (CPCB) to frame guidelines for the disposal of cigarette/bidi butts in the interest of the environment within three months. The principal bench of the NGT, comprising Justice Adarsh Kumar Goel, Justice SP Wangdi and Dr Nagin Nanda, while hearing a matter seeking direct regulation of disposal of cigarette and bidi butts, apart from prohibiting the consumption of tobacco in public places, noted that tobacco was undoubtedly harmful.

A plea was filed before the NGT by Doctors for You seeking directions to regulate the disposal of these butts and prohibit consumption of tobacco in public places. “The butts are particularly harmful to fresh­water bodies, the ocean, and to marine life,” the petition stated.

The health ministry in its response submitted that tobacco was detrimental to health. Cigarette and bidi butts were not bio-degradable. The ministry had enacted the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, and also framed rules.

The counsel for the applicants stated that apart from consumption, right from cultivation till the disposal of tobacco, the entire chain had a serious effect on the environment and sometimes led to forest fires. The petition further stated that its “cultivation, processing, production, and disposal was harming the ecology badly”.

Earlier, the Tribunal had directed that a study be conducted by the Indian Institute of Toxicology Research on whether cigarette and bidi butts fall within the category of toxic waste or not.

The report said:

According to a Tobacco Product Waste Reduction Toolkit, published by the California Tobacco Control Program, the following methods can reduce toxic waste generated by cigarette butts:

• Litter laws: Depending on the jurisdiction of the policy, a Tobacco Product Waste campaign could involve local or state enforcement agencies. For example, California Penal Code 374.4 makes it unlawful to litter or be the cause of litter on public or private property. The fine in these cases may range from $250 to $3,000.
• Extended producer responsibility and product stewardship: This includes a policy principle to promote improvements of product systems by extending the responsibilities of the manufacturer to various parts of the entire lifecycle of the product, including take-back, recycling, and final disposal of the product.

According to Report on Tobacco Control in India by the Ministry of Health and Family Welfare,

It adds that as tobacco is processed, it consumes fuel wood, causing deterioration of forest cover. It grows in dry lands, is water-demanding and consumes large quantities of fertilisers and pesticides. “The making of cigarettes and cigars also produces large quantities of waste in the form of tobacco slurries, solvents, oils and greases, paper, wood, plastic, packaging materials, and results in air pollution. In the United States of America, for example, the tobacco industry ranks 18th among all industries in the production of chemical waste,” it says.

It affects the environment through deforestation, bio-diversity losses, use of pesticides and fertilisers and there are social costs. As mandated by Parliament and directed by the Supreme Court, the centre has the responsibility for initiating legislative and administrative measures for tobacco control at the national level.

Action should be taken before everything goes up in smoke. 

Setting a strict example, the National Green Tribunal imposed hefty fines to the tune of Rs 286 crore on four firms responsible for creating “gas chamber like condition” in Mahul, Ambapada and Chembur areas of Mumbai.

By Shaheen Parween

The National Green Tribunal recently imposed a fine of Rs 286 crore on four firms responsible for creating “gas chamber like condition” in Mahul, Ambapada and Chembur areas of Mumbai. The Tribunal imposed a fine of Rs 20 lakh on Sea Lord Containers Ltd (SLCL), Rs 142 crore on Aegis Logistics Ltd (ALL), Rs 67.5 crore on Bharat Petroleum Corporation Ltd (BPCL) and Rs 76.5 crore on Hindustan Petroleum Corporation Ltd (HPCL).

The bench comprised of Chairperson Justice Adarsh Kumar Goel, Justice SP Wangdi and Dr Satyawan Garbyal (Executive Member). They were hearing an application filed by Charudatt Koli for execution of an earlier order of the Tribunal, dated December 18, 2015, wherein it considered the issue of remedial steps to be taken for control of air pollution in the above three areas in Mumbai.

Logistic services, storing oil, gas and chemical items, as well as oil companies releasing emissions of volatile organic compounds (VOCs) during loading, storage and unloading or handling of hazardous chemicals at various stages were said to be major contributors to the air pollution. The Tribunal found that there was deterioration of surrounding air quality, causing a threat to the health of residents in these areas.

Accordingly, the Tribunal directed the Maharashtra Pollution Control Board to prepare a comprehensive action plan for control of air pollution. A Health Impact Assessment study was directed to be carried out, apart from the VOC assessment study. The Tribunal issued other incidental directions for prevention and remedial action by the operators of various projects as well as regulatory authorities.

The Tribunal thereafter sought a “respiratory morbidity survey” report from KEM Hospital in Mumbai for residents in Ambapada, Chembur and Mahul. According to the survey report, 67.1 percent of the people in Mahul area complained of breathlessness more than three times a month, 76.3 percent reported complaints in all seasons, 86.6 percent complained of eye irritation and 84.5 percent felt persistent chest pain. Further, a pulmonary function test revealed that 7.3 percent had mild restriction and 5 percent had mild obstruction of the lungs.

Thereafter, the applicant filed an execution application before the Tribunal alleging non-compliance with the direction dated December 18, 2015. The Tribunal, after perusing the report of the Joint Committee, dated January 1, 2019, found damage to the air quality by VOC emissions and suggested steps for their control. The Tribunal then directed remedial action and assessment of compensation on polluter pays principle.

While imposing the above costs, the Tribunal observed: “While it is true that there may be many reasons for the presence of VOCs in the atmosphere, like vehicular emissions etc, it cannot be denied that the said four companies e.g. ALL, SLCL, BPCL and HPCL contribute substantially and predominantly to the VOCs in Mahul and Ambapada villages.” It added: “The prolonged exposure to hazardous air pollutants even at minuscule level may weaken the lungs and other organs. Conditions prevailing in the area are sometimes likened to that of Gas chamber.” The Tribunal accepted the computation made by the Central Pollution Control Board (CPCB) which had constituted an in-house technical committee to determine the damage caused to the environment. The fine imposes absolute liability on parties handling harmful substances to pay for any damage caused.

The Tribunal further observed that the respondent companies had been taking action to prevent the harmful emissions which were particularly noticeable after 2015 and at present, the industries have acted on implementation of the action plan. Accepting the report submitted by CPCB, the Tribunal observed: “The CPCB has accordingly assessed the values of VOCs emissions based upon the data provided to them by the companies. In view of the submissions made by the CPCB and above discussion, the objections of the units regarding use of data prior to control measures and the incorrect application of the formula and methodology are untenable. We are satisfied that all the objections raised by the respondent companies have been duly considered by the CPCB’s in-house Technical Committee and we are satisfied with the correctness of the conclusion arrived at by the CPCB. No further hearing is necessary in view of clarifications made by the CPCB.”

The Tribunal further said that a ten-member joint committee comprising two senior nominees of CPCB, representatives of Ministry of Environment, Forest and Climate Change; State Pollution Control Board; District Magistrate, Mumbai; National Environmental Engineering Research Institute; Tata Institute of Social Sciences, Mumbai; IIT Mumbai; KEM Hospital, Mumbai and a nominee of health secretary, Maharashtra, may prepare an action plan for restoration measures spread over a span of time not beyond five years.

It said that the State Pollution Control Board will be the nodal agency. The plan in particular will provide for dealing with health issues of the inhabitants and measures for control of pollution in the three areas which will be a Special Air Pollution Control Area for the restoration plan, the Tribunal said.

The finalisation and execution of the action plan will be overseen by Justice VM Kanade, former judge of Bombay High Court, with the assistance of technical experts nominated by CPCB and State Pollution Control Board. Justice Kanade will be free to take any other independent assistance, it said.

Lead Picture: cps.iitb.ac.in