The National Green Tribunal (NGT) directed the Tharamangalam Municipality to complete the process of removing the legacy waste as undertaken by them and properly maintain the waste disposal and segregation process as per rules.
The Southern Bench of Justice Pushpa Sathyanarayana and Dr. Satyagopal Korlapati disposed of an application filed regarding the non-implementation of the Solid Waste Management Rules, 2016, Plastic Waste (Management and Handling) Rules, 2011 and Other Waste Management Rules by the Tharamangalam Municipality.
According to the applicants, no steps have been taken by the Tharamanagalam Municipality to prohibit the use of banned single use plastic bags and there is no proper collection and disposal of the waste generated in that area. Huge amounts of legacy waste are lying in the dump yard and without scientifically disposing of the same, they are using the illegal method of burning, which results in vast air pollution.
It is stated that burning of plastic releases toxic gases like dioxins, furans, mercury and polychlorinated biphenyls into the atmosphere and poses a threat to vegetation, human and animal health. Burning of plastic waste increases the risk of heart disease, aggravates respiratory ailments. Burning of plastic also releases black carbon which contributes to air pollution.
Further, no steps are being taken by the Municipality for applying the“3R Principle” (Reduce, Reuse and Recycle) in respect of use of plastic. Instead they are mixing with the other waste without segregation and sending it to the recycling units and RDF units and burning the same with other waste which is against the provisions of the Solid Waste Management Rules, 2016 and Other Waste Management Rules.
The grounds raised by the applicants are:
(i) Usage of banned plastics items, carry bags continuously is illegal and environmentally unsustainable.
(ii) The respondents have not taken any action under the provisions of the Plastic Waste (Management and Handling) Rules, 2011 and they failed to monitor and enforce the provisions of the Solid Waste Management Rules, 2015.
On the above grounds, the applicants filed this application seeking the following reliefs:-
(i) To declare the burning of the plastic items and solid waste near the Govt. Elementary School Keel Chinnagoundampatti and the residential area of Chinnagoundampatti by the 5th Respondent as violation of Plastic Waste (Management and Handling) Rules, 2011 and Solid Waste Management Rules, 2015.
(ii) To restrain the burning of plastic and carry bags and solid waste near the school and the residential area of Chinnagoundampatti.
(iii) To direct the respondents 1 to 5 find out alternative places and mechanism for waste storing and management.
(iv) To direct the respondents 2 to 5 to install electric cremation furnace with high tower chimney.
(v) To direct the 2nd Respondent release the fund to 5th Respondent to set up electric cremation furnace.
(vi) To direct the respondent 5 to impose fine for violators for usage of banned plastics and plastic carry bag and banned plastic products in municipality limit.
(vii) To direct the respondent 5 to initiate criminal prosecution against the violators under the provision of the environmental legislation.
(vii) Pass such further or other orders as this Hon’ble National Green Tribunal SZ may deemed fit and necessary in the interest of justice.”
In response to the above, the 4 th respondent, Tamil Nadu Pollution Control Board, filed an independent report. It is stated that the total area of Tharamangalam Municipality is 9.72 sqm and it is having around 30,222 numbers of population. The Municipality is generating 8.7 MT per day of solid waste in which 4.5 MT are wet waste and 4.2 MT are dry waste.
The report also states that after the water and air analysis, everything is exceeding the parameters and the Pollution Control Board has also given certain directions to the Municipality to deal with the issue.
The 5th respondent, Tharamangalam Municipality, has filed several status reports. As per status report dated 27.03.2023 administrative sanction of Rs. 96.10 Lakhs has been accorded for segregation and disposal of 13,785 M3 legacy waste under the scheme of ‘Swachh Bharath Mission 2.0’ through the bio-mining method to carry out the work. The technical sanction was also accorded on 15.07.2022 and the work order was issued pursuant to the same to a Private Limited on 30.08.2022.
The report states further that under the bio-mining process, removal of the legacy waste had been carried out by the contractor and as on date, 6540 M3 of waste has been segregated and disposed of. The remaining waste will be segregated and disposed of within a period of three months through the biomining process. The construction of the Micro Composting Centres is also in progress. Nearly, 50% of the same is completed and the entire project will be completed within two months time i.e. on or before 31.05.2023.
Yet another report dated 21.11.2023 was filed by the 5th respondent. It stated about the two of the Micro Composting Centres (MCCs) present at Chinnakavundampatti Nagar, Salem. The MCCs are operating under the Solid Waste Management Program. The total amount of garbage received in the municipality is 9.61 MT/Day and 228.3 MT/Month. The municipality receives 4.96 MT of biodegradable waste which is being segregated and sent to the MCCs and the compostable waste per month is 148.8 MT. The recyclable waste is separated and sent for recycling.
Latest and final report has been filed by the 5th respondent on 19.01.2024. In the report it is stated that there are two Micro Composting Centres with the capacity of 03MT each. The construction of the micro composting centres is complete and effective. The biodegradable waste of 4.96 MT are converted into manure and at present it is given to the farmers at free of cost. The non-biodegradable waste in which the unsold plastics of 1.8 MT is sent to the shopcare recyclable plastic company, Rasipuram and the amount collected from sold plastics of 1.5 MT is being disbursed to the sanitary workers. The domestic hazardous waste of 0.05 MT is sent to incinerators, the sanitary waste of 0.05 MT is sent to private agencies and the electronic waste of 0.05 MT is also sent to private agencies. The slit and other waste of 2.00 MT is used in landfill at the low laying areas.
It is also submitted in the report that the additional High-Power Committee for the SBM (2.0) group has approved biomining of 7346m3 of legacy waste and an estimate cost of Rs.57.00 lakhs is sanctioned by the Regional Director of Municipal Administration vide letter dated 26.12.2023. It is also stated that after receiving the sanctioned amount along with the tender process, the legacy waste will be fully removed from the said area.
Since 23.12.2022, several developments have taken place in the case and the 5 th respondent, Municipality also has filed several reports and complied with the directions issued by the Tribunal time to time. The NGT noted that from 23.12.2022 the Counsel for the applicant is not appearing in the matter and on 19.01.2024, the Tribunal even directed to list the matter for dismissal on 24.01.2024. Even on 24.01.2024 there was no representation for the applicant.
The 5th respondent (Tharamangalam Municipality) is also directed by the NGT to file a compliance report after 06 (six) months.
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