Fighting against POLLUTION to Save Environment

SUPREME COURT MONITORING COMMITTEE

  1. In fact, the MEE has not operated at full capacity at all during the year 2003-2004. It has operated or only 4 months with very low capacity during 2004-2005 and it has started operating at low capacity from August 2005 i.e. only after the APPCB issued its directions dated 5.8.2005.
  2. In the year 2003, the Board did not consider the renewal of consent for operation (CFO) to JETL, as it was not meeting the stipulated norms of 35 TPD of TDS in the outlet. The Board directed JETL to submit a report on the efficacy and adequacy of JETL to be conducted by a third party. M/s. NEERI evaluated JETL and submitted the report. Some of the observations of M/s. NEERI were:

    1. Suspended solid removal efficiency in primary treatment should be substantially improved.
    2. The total dissolved concentration in the equalized wastewater is very high and is due the presence of inorganic constituents.

  3. The Technical Committee of the AP Board again reviewed the performance of JETL on 24.08.2004. On the recommendations of the Technical Committee, APPCB issued a CFO dated 29.11.2004 directing JETL to divert all effluents having TDS concentrations above 15,000 mg/l to the MEE. The sulphate standards were prescribed as 1000 mg/l in the outlet of JETL considering the need to protect the sewer lines due to the effects of sulphate ions on the sewer itself.
  4. JETL submitted a representation dated 13-10-2004 conveying their inability to meet the stipulated sulphate standards. The CETP could not have taken this stand because it did not object when the NOC and later, the CFO was issued and renewed by the Board. Despite this refusal to comply, the plant was allowed to continue in operation.
  5. The Fact Finding Committee constituted by the Hon'ble AP High Court in W.P.No.19661/02 submitted certain facts about the deleterious impacts of sulphate concentration in effluents being discharged to sewers which may be noted, as they have public consequences. They are:

    1. In the absence of dissolved oxygen and nitrates, sulphates serve as a source of oxygen for biochemical oxidations produced by anaerobic bacteria. Under anaerobic conditions, the sulphate ion is reduced to sulphide ion to form hydrogen sulphide after reacting with hydrogen.
    2. At pH levels below 8, the formation of hydrogen sulphide is very high. Under such conditions serious odour and corrosion problems occur.
    3. Gravity type sewers provide an unusual environment for biological changes in the sulphur compounds present in wastewater. These changes require oxygen, and if sufficient amounts are not supplied through natural aeration from air in the sewer, reduction of sulphate occurs and sulphide is formed. As moisture collects on the walls and crown of the sewer, hydrogen sulphide dissolves in this water and sulphuric acid is formed. This being strong acid, attacks the concrete, particularly the crown where drainage is at a minimum.

  6. It may be noted that the sulphate values in the outlet continued to be in the range of 3500 to 4500 when tested from September, 2005 to November, 2005.
  7. The SCMC visited the JETL on 19.10.2004 to review the functioning of the CETP and hazardous waste management in JETL. It found that the sludge was being dried in open ponds and was continuously being exposed to rain. As such practices cannot be tolerated and not permitted in view of the Supreme Court’s direction (14.10.2003) disallowing temporary storage of hazardous waste, the Committee found JETL in violation of the Supreme Court order.
  8. The SCMC directed the JETL to submit a time bound action plan to APPCB for transfer of the sludge (approximately 2000 tonnes) to the TSDF and also a scheme for regular transfer of sludge from the CETP to the TSDF in future.
  9. The SCMC took a review of earlier fact finding reports of CPCB, NEERI, etc and the status of compliance with SC and High Court orders and alsosaw things on the ground, and having examined the feasibility of the CETP to meet the standards, it concluded that the CETPs cannot cope up with the high COD, TDS and SS loads, especially when each and every industry may not have the requisite facilities for its pre-treatment of its waste and therefore the output parameters need to be corrected. The SCMC in its letter dated 12.02.2005, directed APPCB to enforce the EPA norms for discharge of the effluents from JETL. It also suggested that a time bound programme may be submitted by the CETP.
  10. The SCMC also said that hazardous wastes remain in form of suspended solids and dissolved solids and are getting into the environment through the waste waters, creating adverse effects. Hazardous substances must be removed by the CETP and sent to the TSDF.
  11. The SCMC also confirmed that the CETP is diluting the pollution by mixing it with large volumes of sewage and is merely transferring the pollution and hazardous wastes from one area to the other. The SCMC also observed that if hazardous waste is mixed with non-hazardous waste, then even the non-hazardous waste becomes hazardous. This is also substantiated from the reports available with APPCB. APPCB has carried out the unit wise performance evaluation of JETL in the year 2003 and 2005. Some of the observations of APPCB are:

    1. pH values are observed to be neutral through out the treatment of the effluent at the plant.
    2. TDS values are observed to be constant before mixing with the domestic sewage. 55% reduction of TDS concentration can be observed after mixing with sewage and the same continues till the end.
    3. The same trend, as observed in the case of TDS, is observed with respect to TSS also. About 75% reduction can be observed at the end.
    4. COD and BOD values remain constant till mixing with domestic sewage. 50% to 60% reduction can be observed after mixing with sewage, which is attributed to dilution and not to treatment. At the end, about 85% to 90% COD and 97% BOD reduction was observed.
    5. It has been observed that of the total TDS concentration, sulphates form almost 50% and chlorides form almost 30%. The analysis of APPCB shows that of the total TDS concentration, the inorganic TDS (TDS I) is about 93%. Biological treatment cannot reduce the inorganic TDS.

  12. From the above, it can be clearly concluded that proper treatment of hazardous substances and pollutants is not taking place in JETL CETP except dilution. By sending such effluents through K&S main to Amberpet STP, JETL is carrying out a second round of dilution of the effluent rather than treating it to meet environment norms. It may also be noted that even if the secondary treatment (biological treatment) of Amberpet STP is commissioned, it will not address the problem of TDS from the CETP due to the reasons already given. In any case, at the present, the STP does not have a secondary treatment including biological treatment system. The end result is that partially treated city sewage is being finally discharged into the Musi river.
  13. The continuous defiance of JETL in not meeting the standards prescribed by the Board will further aggravate the situation. Therefore, it is very important that JETL is compelled to meet the standards prescribed by the Board on 05.08.05, which JETL has been refusing to comply by taking shelter under the order of Supreme Court dated 10.11.98 (which ironically it claims does not apply to it anyway). The intention of the Supreme Court order on 10.11.98 was never to allow JETL to ravage the environment in such manner or to sustain its plea that it be continued to operate the plant at the same standards as recommended in 1998.
  14. From the above, it is very clear that JETL has no respect for protection of environment and that it has only been gaining time, on some plea or the other, to delay a complete and efficient treatment of effluents at JETL premises, as a result of which the environment continues to get damaged. Even the sample collected at the outlet of JETL on 17.11.2005 had a TDS value of 13,564 mg/l.
  15. Since such discharges are not permitted in the opinion of the SCMC after the order dated 14.10.2003, SCMC ordered the AP Board to level appropriate penalties in terms of section 16 of the Hazardous Waste Rules, 1989 (as amended) from the period 1.1.2004.
  16. The MEE has never been operated seriously, but the discharge has continued. The impact on the Musi river is there for all to see. The food grown there is unfit for human consumption or for cattle. Ironically, these are drug producing industries but their contribution to their immediate environment has been poisoning of environment and disturbance to public health.
  17. The intention of fixing the EPA norms for CETP is not to close down the member units, but to safeguard the environment, human life and cattle. The disposal standards prescribed to the JETL are in accordance with the EP Act notifications. These standards àre being applied to all CETPs in the country by the SCMC where required.
  18. Therefore, the order dated 05.08.2005 issued by the Board is not contradictory to the supplementary report of the CPCB dated October, 1998. Further the order issued is in line with the directions issued by the Hon’ble Supreme Court order dated 10.11.98 for reduction of TDS load and considering the beneficial uses of receiving water body i.e. Musi river, which today remains polluted and contaminated with hazardous constituents.
  19. The first reaction of JETL to the order dated 5.8.2005 issued by the AP Board was rebellion and refusal to obey. Despite the matter being before the apex court and now the High Court, the unit has carried on nonetheless. It has given no reason why it cannot comply and why it wants to go along with status quo, when other units are complying.
  20. After negotiations, the AP PCB issued a fresh order on 26 December 2006, requiring compliance with inlet standards for TDS. As a result of these efforts, and due to intense monitoring, as expected, hazardous waste generation from MEE has increased as can be seen from the following table:
    21. Month Tankers (10 KL) received at MEE MEE salts sent to TSDF Spray drier salts send to TSDF
    July 05 80 -- --
    Aug 119 18.61 --
    Sept 90 40.91 --
    Oct 185 30.695 17.885
    Nov 263 22.29 109.15
    Dec 396 29.13 295.7
    Jan 06 301 57.095 285.495
    Feb 06 287 26.86 184.5
  21. Despite claims that nothing could be done, TDS concentrations at the JETL outlet have reduced from 15,000 mg/l to 12,000 mg/l. The diversion of high TDS tankers to MEE has resulted in the TDS load at the outlet being reduced from 37.5 TPD to 21 TPD. The improvements are also at the individual industry levels.
  22. The order dated 14.10.2003 is the end of the line for JETL and its industries and closes the loopholes that industry had developed to deal with the orders passed by the apex court in 1998. If the Court now allows the petitions against the orders of the Board, themselves issued after the SCMC visited the state and saw for itself situation at first hand, then not only the order dated 14.10.2003 will be undermined but the earlier orders as well.
  23. For these reasons, the SCMC finds that its orders should have been implemented. Instead, the usual recourse is further writ petitions, while the pollution continues unabated. This Hon'ble Court may query the PCB on why it has not shut down those industries unwilling to cooperate with implementation of the directions of this Court.

Prepared by Dr Claude Alvares and Dr D.B. Boralkar To be approved by Dr Devotta/Dr Chakrabarti
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