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Judgment
Issue for consideration is the remedial action for scientific management of waste at Indirapuram, Vasundhara and Vaishali, Ghaziabad. The Tribunal has dealt with the matter by several orders in the last about four years, starting from order dated 19.11.2018 when a joint Committee of District Magistrate, Ghaziabad, Ghaziabad Development Authority, Municipal Corporation Ghaziabad and State Pollution Control Board was constituted to prepare and execute remedial action plan.
Order dated 22.10.2021
Vide order dated 22.10.2021, compliance status was last reviewed in continuation of earlier proceedings and it was found that steps taken were still inadequate. The Tribunal considered the report dated 30.07.2021 filed by the Ghaziabad Nagar Nigam (GNN), report dated
13.08.2021 by the State PCB and report dated 12.08.2021 of the Oversight Committee, constituted by this Tribunal. In view of continuing violations, the Tribunal directed remedial action as follows:-
“12. Accordingly, the Chief Secretary, Uttar Pradesh with the assistance of Additional Chief Secretary, Nagar Vikas, UP and/or any other authorities may review the situation within one month. Compensation payable in terms of orders of this Tribunal may be deposited with CPCB within one month which may be utilized for restoration of damage to the environment by preparing an appropriate action plan. The situation may be constantly reviewed preferably on daily basis for the next one month and at suitable intervals thereafter. The Additional Chief Secretary, Nagar Vikas, UP may file compliance status after coordinating with concerned authorities after three months. Pending assessment quantification of compensation, the Ghaziabad Nagar Nigam may deposit interim compensation of Rs. 1 crore with the CPCB within 15 days, to be utilised for restoration of the environment. The Nigam is free to recover the amount out of the salary of erring officers.
We also direct CPCB to give an independent report on the issue of management of solid as well as liquid waste in the area in question before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The report may mention the area of both the legacy sites reclaimed, quantity of waste bio-mined, routing of recovered material for further usage. Lifting of stabilised organic fraction by the Fertilizer agencies and blending by NPK to enhance fertilizer nutritive value may be ascertained. It may be enquired whether any more legacy waste site exists. Further, whether the RDF contains plastic/chlorinated plastic used as fuel. With regard to four garbage factories, information is required about the process adopted, material balance and Authorization under MSW Rules. In case of ten sewage drains, the technologies adopted and their performance duly supported by the analytical results needs to be indicated. Storm water drains are not be used for disposal of sewage, as earlier held by this Tribunal, being prohibited under the Water Act. The performance of STPs and the gap between sewage generation and treatment may be mentioned.”
Same issue was raised in another matter being O.A. No. 333/ 2021, M/s Real Anchors Developers Pvt. Ltd. Vs. U.P. State Pollution Control Board & Ors. which was considered on 12.04.2022 in light of status report dated 05.03.2022 filed by the joint Committee of CPCB, State PCB, District Magistrate, Gautam Budh Nagar, Ghaziabad Development Authority and Ghaziabad Municipal Corporation. The Tribunal directed as follows:-
“6. We find it further necessary to direct the Ghaziabad Nagar Nigam to expedite the process of remediating the legacy waste scientifically and to ensure prompt handling and disposal of current waste, ascertaining management status in terms of waste processing and resultant gap. GDA may also specify the infrastructure provided in projects developed/being developed with reference to sewage and solid waste management and linkages with Ghaziabad Nagar Nigam. The GDA and Ghaziabad Nagar Nigam may file their respective reports before the next date by email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF in O.A. 909/2018, Confederation of Trans Hindan RWA’s Ghaziabad vs. U.P. State Pollution Control Board & Ors. which is still pending and is listed for hearing on 25.05.2022. The report may mention both aspects discussed above.”
Order of Hon’ble Supreme Court dated 1.4.2022 on appeal of GDA
We note from the record that appeal filed by the Ghaziabad Development Authority before the Hon’ble Supreme Court against order of this Tribunal dated 22.10.2021 being Civil Appeal No. 2649-50 of 2022, Ghaziabad Development Authority vs. Confederation of Trans Hindon RWA(S) Ghaziabad & Ors. was dismissed on 01.04.2022.
Consideration of Status reports in compliance of order dated 22.10.2021 and further orders
In light of earlier orders of this Tribunal, Ghaziabad Development Authority has filed its report in O.A. No. 333/2021 which is also to be considered in the present matter. Reports from Additional Chief Secretary dated 22.02.2022 and by Ghaziabad Nagar Nigam dated 22.02.2022 have also been filed followed by further report of Ghaziabad Nagar Nigam dated 25.05.2022. CPCB has filed its report dated 20.07.2022. Report of the Ghaziabad Development Authority is dated 02.08.2022. Oversight Committee has filed reports dated 21.02.2022, 01.04.2022, 20.05.2022 and 28.07.2022. We proceed to consider the said reports.
Reports of Oversight Committee
We refer the latest report of the Oversight Committee dated 28.07.2022 which also covers the status filed by Ghaziabad Nagar Nigam and Ghaziabad Development Authority. The report of the Oversight Committee has dealt the issues relating to bio-mining of legacy waste, door-to-door collection and final treatment of the waste, status of garbage factories, management of RDF and management of compost. We find that out of more than 1200 MT of waste being generated (excluding the Indra Puram and Raj Nagar area which are within the jurisdiction of Ghaziabad Development Authority) hardly 700 tons per day of waste is being processed at the two garbage factories i.e. Ret Mandi and Sihani Gate. However, it is proposed to enhance the capacity of Ret Mandi garbage factory to 500 tons per day but no timeline has been given. Further, decision is yet to be taken for setting up of one more garbage processing plant or waste to energy plant so entire waste generated is treated on day-to-day basis. The latest status filed by the Oversight Committee is reproduced below:
“1. Cleaning and bioremediation of legacy waste dump located at Shakti Khand, Indrapuram and Pratap Vihar: Both the sites have been cleaned. However, the Chairmen Oversight Committee during his inspections dated 13.03.2022 and 27.04.2022 observed fresh dumping of the waste at the Shakti khand site. During inspections dated 21.05.2022 it was informed that this waste was dumped by the Ghaziabad Development Authority (GDA) and has not cleaned even after repeated directions. Now the GDA has informed that they have allotted 33.10 acre of land in Gaaland to the Nagar Nigam Ghaziabad for the dumping and treatment of the waste. For the treatment of waste collected from 21.10.2020 to 31.03.2022 by the GDA at the Shakti Khand site, the GDA has paid Rs 50 lakh to the Nagar Nigam Ghaziabad on 23.04.2022 against the demand of Rs 154.2 lakh by the Nagar Nigam letter dated 17.02.2022.
Door to Door collection and final treatment of the waste:
a) Chairmen, Oversight Committee during its inspection dated 21.05.2022 was informed that total solid waste generated in the Ghaziabad city is approximately 1200 MT/day excluding the Indra Puram and Raj Nagar area which are within the jurisdiction of Ghaziabad Development Authority.
b) It was informed by the Nagar Nigam Ghaziabad that the work of door to door collection of waste is being done by Nagar Nigam Ghaziabad in all its zones under its jurisdiction.
c) The GDA informed that for the two areas under its jurisdiction namely Indiranagar and Rajnagar the door to door collection of waste is being done by M/s Nature Clean Enviro service Pvt. Ltd and M/s Shivay Media (AF) Pvt. Ltd respectively.
Status of the Garbage Factories: During the inspection dated 21.05.2022, two garbage factories were operational in Ghaziabad namely Ret Mandi of capacity 350 MT/day (at present 200 MT/day solid waste is being treated at this garbage factory) and Sihani Gate of capacity 500MT/day (functional at its full capacity). At Ret Mandi garbage factory, work of development of another wet waste treatment unit was in progress. Post development of this wet waste treatment unit the capacity of this garbage factory will be 500 MT/day. The construction work is being done by the Nagar Nigam Ghaziabad and will be run by a private company namely Rollz India.
a) During the inspection dated 21.05.2022, Chairmen highlighted that the treatment capacity in the Ghaziabad is insufficient to treat all the waste being generated in the city. He was informed by Nagar Swasthya Adhikari that remaining waste is being dumped at a site situated at the Pipe Line Road. At the site municipal waste was found dumped which was informed to be approximately 20 thousand MT. This site situated at the Pipe Line Road is someone’s private land. At the time of inspection some machines were functional at the site to treat the waste being dumped there. On the way to this site another dump of the garbage was lying which was partly capped in a low lying area of an abandoned old brick kiln. This land also belongs to some private person.
Management of RDF: It was informed that the disposal of the RDF is being done at the waste to energy plant situated at Nand Gram, Ghaziabad. However, the details of RDF being generated at the treatment plant and amount of waste being supplied to the waste to energy plant were not provided in the progress report.
Management of Compost: It was informed that they are using compost as fertilizer. However the details of its consumption were not provided to this committee since last February.
Letter received from GDA is enclosed as Annexure-1.
Inspection report of Chairman, Oversight Committee is annexed as Annexure-2.
Recommendations:
In view of the above, the recommendations made in the reports dated 21.02.2022, 01.04.2022 and 20.05.2022 are reiterated.
Additional Recommendations:
In the repeated inspection done by the Chairmen Oversight Committee it has come to light that the amount of waste treatment facility is still far behind the amount of waste being generated in the city. The Ghaziabad Nagar Nigam should be directed to develop adequate capacity for garbage treatment on priority so that day to day waste can be scientifically treated.
The Ghaziabad Nagar Nigam and GDA should be directed to scientifically quantify the future solid waste generation in the Ghaziabad city and accordingly plan for the proper management of the waste to prevent formation of any such legacy waste sites in future.
The awareness drives should be conducted to spread awareness and encourage people to practice segregation of the waste at the source.
The GDA has mentioned that they are using RDF in waste to energy plant and Compost as fertilizer. However only stating it without any details shed no light on the treatment of the solid waste. They should be directed to provide relevant details so that if on proper analysis these efforts of the Nagar Nigam are found useful and replicable for others, then it can be shared with other urban bodies as a good practice.
The Member Secretary, UPPCB is directed to send this report to the Registrar General, National Green Tribunal, Principal Bench, New Delhi for placing the same before the Hon’ble Tribunal with a copy to the Chief Secretary, Government of Uttar Pradesh for necessary action. The report also be uploaded on the website of the Committee.”
Report of GDA
Further, latest report of the Ghaziabad Development Authority dated 02.08.2022 is as follows:-
“2. Compliance Report
It is to be informed that in a part of the STP complex in Shaktikhand-4 of Indirapuram Yojna, the waste of the entire Indirapuram Yojna was being dumped for many years. In compliance with the orders of Hon'ble National Green Tribunal, for disposal of garbage from the above temporary dumping site, directions were given for bioremediation of temporary dumping waste by designating the Ghaziabad Nagar Nigam as the executive body and the expenditure on it would be borne by the Ghaziabad Development Authority. Instructions were given to do so. A contract of Rs.308.00 lakh was made by the Ghaziabad Nagar Nigam by inviting tender for the works of bioremediation.
As per the directions of Hon'ble National Green Tribunal, the Ghaziabad Development Authority has made full payment of the said Rs.308.00 lakh to the Ghaziabad Nagar Nigam. It is to be informed that about 33.108 acres of land has been transferred to the Ghaziabad Nagar Nigam by the authority for setting up of dumping site and garbage disposal plant in Galand Village for disposal of garbage of Indirapuram scheme and 2 km of double lane approach road has been constructed at the site. The construction work has also been done by the authority. So far, the Ghaziabad Nagar Nigam has not set up a waste disposal plant at the above permanent dumping site, Galand Village. Therefore, at present also the waste of Indirapuram scheme is being dumped in a part of the said temporary dumping site.
It is to be informed that the Ghaziabad Nagar Nigam had made a demand of Rs 1,54,20,000.00 for the disposal of legacy waste dumped from date 21.10.2020 to 31.03.2022. Out of the above amount, Rs. 50.00 lakh has been paid by the Ghaziabad Development Authority as advance amount to the Ghaziabad Nagar Nigam. Remaining amount of Rs,.1,04,20,000.00 will be paid by the authority in relation to the work done by the Ghaziabad Nagar Nigam.”
Independent Report of CPCB dated 20.7.2022 about compliance status in terms of para 13 of order dated 22.10.2022
We may now consider the report of CPCB dated 20.07.2022 submitted in terms of para 13 of the order dated 22.10.2021. With regard to solid waste management, there are two legacy waste sites. Shakti Khand-IV, Indirapuram has 1,41,004 cu.m. of waste covering an area of 45,516 sq. m. out which 1,05,313 MT of waste has been processed till 15.02.2022 while 35,791 MT of waste is still left for processing. 95% Area has been recovered. With regard to site at Pratap Vihar, out of 4.91 lakh cu.m. of waste spread in area of 45,299 sq.m., 3,36,287 MT of waste was processed and 25,066 sq.m. area has been recovered. 10,266 MT of RDF is still stored at two sites. The technical information on the two dumpsites is reproduced below:
“2.1.1 MSW Dumpsite
There are two waste dump sites one at Shakti Khand IV, Indirapuram, Ghaziabad and other at Pratap Vihar, Ghaziabad. As informed by Ghaziabad Nagar Nigam (GNN) and RO, UPPCB, Ghaziabad, there is no more dumpsite in the area of Trans Hindon Area.
(i) MSW Dump Site, Shakti Khand IV, Indirapuram Ghaziabad
CPCB officials inspected the dumpsite on 04.01.2022 and 15.02.2022. The findings of the same are given below.
Serial No.
Item
Remarks
1
General Information
A
City & Location of Dumpsite
MSW Dump Site, Shakti Khand IV, Indirapuram Ghaziabad Uttar Pradesh
B
Name, Designation & Contact Details of Nodal Officers for Biomining
Dr. Mithlesh Kumar, Nagar Swasthya Adhikari, Mobile No. 8178016808
C
Stage of Biomining (Planned/Being Executed/Completed
Being executed during visit (Fig-1)
2
Volume of Waste
A
Has Contour Survey of site been Done (Y/N)
Yes
B
Length (Initial -M)
327 M Avg.
C
Width (Initial -M)
140 M Avg.
Height (Initial -M)
5.00 meter +
Total Volume (Cub. Meter)
141004 cu.m.
3
Characteristics of Waste
Mixed legacy MSW
4
A
Leachate Characteristics
No Leachate observed
5
Baseline Survey
A
Ground Water Analysis
Test report of ground water analysis is enclosed as Table-1
B
Soil Analysis
No
C
Quantity Of Waste Processed Per Day (TPD)
400 - 600 TPD
6
Process Flow sheet of BioMining
Stablization & Cleaning
Racking of Waste for Drying
Shifiting of Waste for Weighing
Weighing of Waste
Drying of Waste at Tipping Floor
Screening of Waste
Storage of RDF, BIO EARTH &
Rejects
Disposal of Screened Fractions
End
7
Stabilization of waste
A
Type of biomining method Adopted (Tractor tiller, Trench method; Cone Method; Windrow, Thin Layer Method)
Windrows
B
Machinery used for Excavating dumpsite (Tractor Tiller etc)
Excavator
C
Machinery Used for preparing Windrows (JCB etc)
Excavator
D
Are large objects removed prior to windrow preparation
Yes, Stone, Wood and large objects removed manually
E
Are Windrows Turned Every 4-5 Days
Yes. As and when required based on site conditions
F
Duration of Stabilization
7-14 Days for drying, it is old dump site and already stabilized
G
Bio-culture Used
As and when required
H
Is End Product Stabilized (No Heat / Gas /leachate /Smell)
Yes
I
Is leachate Being Generated from the waste
No leachate generation observed
J
If Yes, methodology for leachate Management Adopted
Not Applicable
8
Processing of Legacy Waste
Machinery Used For processing of legacy waste
a
Screening
i
Trommel (Number & Capacity (TPD)
2 Nos X 300 TPD = 600 Ton
+ 1 Ballistic X 400 TPD = 400 Ton Total = 1000 TPD (Fig-1)
ii
Size of screens used (Mostly used 150 mm. 80 to 100 mm,
24 to 50mm, 1216 mm and 4-
6)
90, 24, 6 mm
iii
Vibrating Screen
Yes. Ballistic Machine has the vibrating screen
iv
Electromagnet (For separating ferrous metals)
Not Required
v
Air Classifier (for separating light material from heavy organic)
Not Required
vi
Disc/Star (No.)
Not Applicable
b
Handling
i
Loader (No.)
2 JCB + 1 Pockline + 1 Additional Pockline
ii
Conveyor (No.)
11 Nos.
iii
Fork Lift (No.)
Nil
iv
Categories in which the waste is segregated (Compost/Recyclables/RDF/ C& D/Inerts etc.)
Bio Earth, RDF and C&D Inerts
v
Quantity of items which is being generated in each category
Tentative percentage RDF - 5 to 8 % Bio Earth - 55 to 60 % & Inert 2-3 %. Quantity of items generated is after windrows formation and sun / bio drying where the moisture is
dried before segregation. The remaining portion is moisture loss.
vi
Quantity of items being utilized of different categories
As informed by GNN
Bio Earth - Used by Nagar Nigam in Horticulture, Landfilling, Plastic exchange program, offtake by farmers etc.
RDF - Cement Factories, WtE Plants, Local Industrial Units.
Recyclable Plastic - Recycling Units C&D Waste –Landfilling, Local use.
vii
Documents supporting usage of different fractions (Bioearth/Recyclable/RDF/Ot her
Agreements with M/s East Delhi Waste Processing Company Ltd. (EDWPCL), M/s Shree Cement Ltd.,
wastes)
M/s JK Lakshmi Cement Ltd. and M/s JK Cement Ltd. for disposal of RDF is enclosed as Annexure II. Purchase order of M/s JK Cement Ltd. is enclosed as Annexure IIa.
viii
Analysis results of fine earth
Test report of compost analysis is enclosed as Table-2
ix
Frequency of testing of bio- earth
As and when required
9
Miscellaneous
a
Have fires being reported at the site
No
b
Methodology to tackle fires
Not required
c
Is fresh waste being dumped at the site
Yes, by Ghaziabad Development Authority (GDA) @ ~95 TPD
d
Percentage land recovered so far
Approx. 95 % area has been cleared. GNN has dumped soil for developing forest at the site (Fig- 2).
e
Is third party audit of biomining being done
No
10
Other observations:
During inspection it was observed that Ghaziabad Nagar Nigam (GNN) is doing the
biomining process of waste
dumped by them and no processing of waste was observed for the waste dumped by Ghaziabad Development Authority (GDA).
During inspection it has been observed that Ghaziabad Nagar Nigam(GNN) has stopped dumping of fresh solid waste. However, GDA is dumping fresh waste @ ~95TPD. For processing of the fresh waste, GDA informed that they will provide financial support to GNN for the processing of the waste dumped by GDA.
As informed, total 105313 MT waste has been processed so far at the site.
Out of which, 8544 MT of RDF/ Dry waste obtained which was further disposed to cement plants, Waste to Energy plant, local industrialunits, local recyclers and stored at site (Table-3).
63000 MT & 2175
MT of compost /bio earth and Inert respectively also generated after biomining and used by farmers, GNN for leveling of sites (Table- 3).
During inspection the segregated fractions such as RDF, Compost was also found Stored at the site (Fig-3). Quantity of RDF/ Compost stored at site and disposed is given in Table-3.
As informed by GNN, the stored RDF (307 MT) at the site shall be shifted to the proposed Waste to Energy plant at Mussoorie Gulawati road industrial area Ghaziabad.
As informed by GNN the land after reclamation shall be developed as forest area by Miyawaki method of forestation and the stored compost (830 MT) shall be used in the forestation.
During inspection, it was observed the process for forestation has been initiated by dumping soil in there claimed
area at the site (Fig-2).
NPK blending is not being done to enhance the fertilizer nutritive value of the generated compost as informed by GNN.
The conductivity of compost sample collected from the site (Table-2) was much higher than the prescribed limit as per SWM Rules, 2016 while Organic Matter and K as K2O were found lower than the prescribed value.
The total hardness and TDS of ground water sample collected from site (Table-1) was found higher than the desirable limit as per SWM Rules, while other parameters found within the limit.
As per “Consolidated Guidelines for Segregation, Collection and Disposal of Plastic Waste” published by CPCB (Annexure III), PVC is used in Pipe, Window profile, fencing, flooring, shower curtains, lawn chairs, non-food bottles and children's toys etc. During the visit no such PVC item was physically observed in the waste. However, there is no separate provision for segregation of PVC items on the site. Close view of RDF is given in Fig-3a.
xxx
xxx
Date of Inspection
04.01.2022 and 15.02.2022
Table 1: Analysis Report of Ground Water samples collected by CPCB on 04.01.2022
Ground Water (Sample Location)
Desirable limit as per SWM Rules 2016 (Standards for Landfill considered for comparison)
Parameter
Indirapuram Shakti Khand (SKGW)
Pratap Vihar (PVGW)
pH
7.5
8.1
6.5-8.5
TDS (mg/L)
854
1044
500
Total Hardness as CaCO3 (mg/L)
404
89
300
Chloride (mg/L)
136
282
250
NO3 (mg/L)
11.4
0.9
45
Ammonical Nitrogen (mg/L)
BDL
0.2
-
Cyanide (mg/L)
BDL
BDL
0.05
Phenol (mg/L)
BDL
BDL
0.001
As (mg/L)
BDL
BDL
0.01
Cd (mg/L)
BDL
BDL
0.01
Cr (mg/L)
BDL
BDL
0.05
Cu (mg/L)
BDL
BDL
0.05
Fe (mg/L)
BDL
BDL
0.3
Ni (mg/L)
BDL
BDL
-
Pb (mg/L)
BDL
BDL
0.05
Zn (mg/L)
BDL
BDL
5.0
Hg (µg/L)
BDL
BDL
0.001
BDL: Below Detection Limit, Detection Limit (µg/L): As - 0.49, Cd – 0.42, Cr – 0.56, Cu – 0.35, Fe – 0.67, Ni – 0.54, Pb – 0.31 & Zn – 0.59, Hg-0.7
Table 2: Analysis Report of Compost samples collected by CPCB on 04.01.2022
Parameter
Compost (Sample Location)
Prescribed limit as per SWM Rules 2016
Indirapuram Shakti Khand (SKC)
Pratap Vihar (PVC)
Moisture (%)
27.6
27.2
15 to 25 Maximum
pH (1:2.5)
7.6
7.6
6.5-7.5
Conductivity (umoh/cm) (1:2)
7790
8230
<4000
Organic Matter (%)
5.10
3.97
>12.0
Exchangeable K (mg/100g)
143.84
125.03
-
K as K2O (%) by multiplying % K by 1.2051
0.17
0.15
>0.4
As (mg/kg)
2.85
5.79
10
Cd (mg/kg)
2.02
2.27
5.0
Cr (mg/kg)
32.00
118.62
50
Cu (mg/kg)
107.51
217.80
300
Ni (mg/kg)
15.40
43.46
50
Pb (mg/kg)
37.97
98.16
100
Zn (mg/kg)
377.47
416.90
1000
Hg (mg/kg)
BDL
BDL
0.15
Table 3: Summary of Utilization of Screened Products at Indirapuram MSW Dump site;
(as informed by Ghaziabad Nagar Nigam)
Summary of Legacy Waste Processing (Indirapuram)
Total Land Area
45,516
sqmt
Area Cleaned till date
Approx. 95 %
Legacy Waste Processed till date
105,313
MT
Legacy Waste processed after sun drying and moisture reduction
RDF / Dry Waste
8,544
MT
Cement Plants
5,018
MT
Waste to Energy Plants
402
MT
Local Industrial Units
827
MT
Local Recyclers
1990
MT
Stored at site
307
MT
Compost / Bio Earth
63000
Local Use in GNN projects
7,372
MT
Local lifting by Farmers/ Disposal for filling low lying areas etc.
49128
MT
Used at site for leveling etc.
5670
MT
Stored at site
830
MT
Inert (Local land filling)
2,175
MT
As informed by GNN, the stored RDF (307 MT) at the site shall be shifted to the proposed Waste to Energy plant at Mussoorie Gulawati road industrial area Ghaziabad. The land after reclamation shall be developed as forest area by Miyawaki method of forestation and the stored compost (830 MT) shall be used in the forestation.
(ii) MSW Dump Site, Pratap Vihar, Ghaziabad
Inspection Report MSW Dump Site, Pratap Vihar, Ghaziabad
Serial No.
Item
Remarks
1
General Information
A
City & Location of Landfill
MSW Dump Site Pratap Vihar Ghaziabad Uttar Pradesh
B
Name, Designation & Contact Details of Nodal Officers for Biomining
Dr. Mithlesh Kumar, Nagar Swasthya Adhikari, Mobile No. 8178016808
C
Stage of Biomining(Planned/Being Executed/Completed
Being Executed.
As informed by GNN, more than 55% work completed.
Total Area approx. 45299 Sqm Land Cleared 25066 Sqm
2
Volume of Waste
A
Has Contour Survey of site been Done (Y/N)
Yes
B
Length (Initial -M)
320 M Avg.
C
Width (Initial -M)
142 M Avg.
Height (Initial -M)
10.85 m
Total Volume (Cub. Meter)
4.91 lakh cu.m.
3
Characteristics of Waste
Mixed legacy MSW
4
A
Leachate Characteristics
No Leachate legacy Waste
observed,
Old
5
Baseline Survey
A
Ground Water Analysis
Test report of ground water analysis is enclosed as Table-1
B
Soil Analysis
No
C
Quantity Of Waste Processed Per Day (TPD)
Approx. 3000 TPD
6
Process Flow sheet of Bio- Mining
Stablization & Cleaning
Racking of Waste for Drying
Shifiting of Waste for Weighing
Weighing of Waste
Drying of Waste at Tipping Floor
Screening of Waste
Storage of RDF , BIO EARTH & Rejects
Disposal of Screened Fractions
End
7
Stabilization of waste
A
Type of biomining method Adopted (Tractor tiller, Trench method; Cone Method; Windrow, Thin Layer Method)
Windrows
B
Machinery used for Excavating dumpsite (Tractor Tiller etc)
Excavator
C
Machinery Used for preparing Windrows (JCB etc)
Excavator
D
Are large objects removed prior to windrow preparation
Yes, Stone, Wood and large objects removed manually
E
Are Windrows Turned Every 4-5 Days
Yes. As and when required based on site conditions
F
Duration of Stabilization
7-14 Days for drying, it is old dump site and already stabilized
G
Bio-culture Used
As and when required
H
Is End Product Stabilized (No Heat / Gas /leachate /Smell)
Yes
I
Is leachate Being Generated From the waste
No leachate generation observed
J
If Yes, methodology for leachate Management Adopted
Not Applicable
8
Processing of Legacy Waste
Machinery Used For processing of legacy waste
a
Screening
i
Trommel (Number & Capacity (TPD)
3 Nos X 400 TPD = 1200 Ton
+ 1 Vibratory Screen X 2000 TPD
= 2000 Ton
Total = 3200 TPD (Fig-4)
ii
Size of screens used (Mostly used 150 mm, 80 to 100 mm,
24 to 50mm, 1216 mm and 46)
90, 24, 6 mm
iii
Vibrating Screen
Warrior 1200 is vibrating screen
iv
Electromagnet (For separating ferrous metals)
Not Required
v
Air Classifier (for separating light material from heavy organic)
Not Required
vi
Disc/Star (No)
Not Applicable
b
Handling
i
Loader (No.)
3 JCB, 20 Dumpers, 4 Pokelain, 3 Tractors
ii
Conveyor (No.)
16
iii
Fork Lift (No.)
Nil
iv
Categories in which the waste is segregated (Compost/Recyclables/RDF/C &D/Inerts etc.)
Bio Earth, RDF & Inerts
v
Quantity of items which is being generated in each category
RDF -5 to 7% Bio Earth -55 to 65% & Inert 1-2 %. Quantity of items generated is after windrows formation and sun / bio drying where the moisture is dried before segregation.The remaining portion is moisture loss.
vi
Quantity of items being utilized of different categories
As informed by GNN
Bio Earth - Use by Nagar Nigam in Horticulture, Landfilling, Plastic exchange program, offtake by farmers etc. RDF-Cement Factories, WtE Plants, Local Industrial Units. Recyclable Plastic
– Recycling Units Inert –Landfilling, Local Use.
vii
Documents supporting usage of different fractions (Bioearth/Recyclable/RDF/Other wastes)
Agreements with M/s East Delhi Waste Processing Company Ltd. (EDWPCL), M/s Shree Cement
Ltd., M/s JK Lakshmi Cement Ltd. and M/s JK Cement Ltd. for disposal of RDF is enclosed as Annexure II.
Purchase order of M/s JK Cement Ltd. is enclosed as Annexure IIa.
viii
Analysis results of fine earth
Test report of compost analysis is enclosed as Table-2
ix
Frequency of testing of bio- earth
As and when required
9
Miscellaneous
a
Have fires being reported at the site
No
b
Methodology to tackle fires
Not required
c
Is fresh waste being dumped at the site
No
d
Percentage land recovered so far
~55 %
e
Is third party audit of biomining being done
Yes
10.
Other observations:
During inspection it has been observed that no fresh waste is being dumped at the site.
The processing of waste was found under process during the visit.
As informed, 336287 MT waste has been processed so far at the site.
Out of which, 16219 MT of RDF/Dry waste obtained till date was further disposed to Cement plants, Waste to Energy plant, local industrial units, local
recyclers and stored at site. (Table-4)
211860 MT & 1413 MT of
compost/bio earth and inert respectively also generated after biomining and used by farmers, GNN for local land filling (Table-4).
During inspection the segregated fractions such as RDF, Compost and inert was also found stored at the site (Fig-5). Quantity of RDF/Compost/Inert stored at site and disposed is given in Table-4.
As informed by Ghaziabad Nagar Nigam (GNN) the RDF stored at site (9959 MT) shall be used in
the proposed waste to energy plant at Mussoorie Gulawati road
industrial area, Ghaziabad.
As informed,
8474MT of compost and
47 MT of inert, stored at site shall be used by farmers and land filling respectively.
NPK blending is not being done to enhance the fertilizer nutritive value of the generated compost as informed by GNN.
The conductivity and Cr of compost sample collected from the site (Table-2) was much higher than the as prescribed limit as per SWM Rules, 2016 while Organic Matter and K as K2O were found lower
than the prescribed value.
Chloride and TDS of ground water sample collected from site (Table-
1) were found to be on the higher than the desirable limit as SWM Rules, 2016 while Total Hardness was found on the lower side. All other parameters found within the limit.
Regarding PVC in RDF, similar observation was found at Pratap Vihar Site as in Indirapuram Site. No PVC item was observed in the RDF at dumpsite.
Table 4: Summary of Legacy Waste Processing as informed by GNN at Pratap Vihar MSW Dump site
Summary of Legacy Waste Processing (Pratap Vihar)
Total Land Area
45,299
sqmt
Area Cleaned till 31/01/2022
25,066
sqmt
Percentage of Area Cleaned
55.3 %
Legacy Waste Processed
336,287
MT
Windrows and Drying for moisture reduction before segregation
RDF / Dry Waste
16,219
MT
Cement Plants
1,817
MT
Waste to Energy Plants
827
MT
Local Industrial Units
697
MT
Local Recyclers
2,919
MT
Stored at site
9,959
MT
Compost / Bio Earth
211,860
MT
Local Use by Nagar Nigam
25,423
MT
Local lifting by Farmers etc.
44,491
MT
Local disposal for land filling
133,472
MT
Stored at Site
8,474
MT
Inert (Local land filling)
1,413
MT
Local disposal for land filling
1,366
MT
Stored at Site
47
MT
As informed by Ghaziabad Nagar Nigam (GNN) the RDF stored at Pratap Vihar site (9959 MT) shall be used in the proposed waste to energy plant at Mussoorie Gulawati road industrial area, Ghaziabad. 8474 MT of compost and 47 MT of inert, stored at site shall be used by farmers and land filling respectively.”
The report further shows that the quality of compost is deficit in organic carbon and exceeds the specifications with respect to conductivity and chromium contents. Description of garbage factories is reproduced as under:
“2.1.2 Garbage Factories
There are two Garbage factories in the Trans Hindon area, one at Hindon Vihar Ghaziabad and other at Sihani, Ghaziabad. The findings of inspection by CPCB officials of these sites are reported in this section.
It was informed by GNN that apart from the above sites, GNN has initially planned to establish two more garbage factories, one at Indirapuram legacy waste site (after the land is cleared) with capacity of 500-700 TPD and another at Govindpuram with 100 TPD capacity. Out of four garbage factory projects, two were visited during inspection because work on the other two has not yet started.
2.1.3 Sihani Garbage Factory
The Sihani Garbage Factory was found operational during the visit on 15.02.2022.
(a) Process Details:
Waste is received at the factory and stored in covered area (Fig-6). The collected waste is segregated through manual and mechanical segregation. The detailed process adopted for segregation of MSW is given in Fig-7. Generated RDF is being stored on the site in covered area (Fig-8).
(b) Material Balance Sheet
As informed by GNN, the waste processing capacity of this factory is 150 TPD and waste is being processed at the rate of approx. 50 TPD. However, as per the data provided by GNN (Table-5), waste is processed @513 TPM and the waste is processed on day today basis. The material balance sheet of waste processing at Sihani Garbage Factory is given in the Fig-9.
(c) The unit has not obtained Authorization under Solid Waste Management Rules, 2016.
(d) No leachate generation is found in the tipping area. There are lined drains and RCC based leachate collection tank constructed in the plant to collect any leachate generated within the plant. No leachate treatment plant is installed. The leachate gets evaporated by sun drying in the collection tank.
(e) During visit no odour was observed. No other source of air pollution was observed. Odour suppressant used are herbal sanitizers including citrenella, lemon grass etc.
(f) After the windrows are formed, the wet waste decomposes by 80-90% and moisture is also lost due to bio-drying. This forms majority of the unaccounted losses.
(g) It was informed by GNN that inert waste if combustible is mixed with RDF and if non-combustible like Coconut etc. is dried and sent for charcoal manufacturing.
(h) The conductivity, Cr and Cu of compost sample collected from the site (Table-6) was found higher than the prescribed limit as per SWM Rules, 2016 while Organic Matter was found lower than the prescribed value.
Table 5: Details of waste processing at Sihani Garbage Factory
Month
Waste Receive d in MT
Waste Segregate d in MT
Dry Waste (including RDF &
Recyclables) produced in MT
Wet Waste in MT
Reject in MT
Final Compos t in MT
Jun-21
190
190
57
129
1
2
Jul-21
323
323
97
220
2
19
Aug-21
961
961
288
653
5
30
Sep-21
513
513
154
349
3
30
Oct-21
-
-
-
-
-
-
Nov-21
1270
1270
381
864
25
42
Dec-21
77
77
22
50
1
32
Jan-22
259
259
70
159
5
49
Table 6: Analysis Report of Compost samples collected by CPCB on 15.02.2022 from Sihani Garbage Factory
Parameter
Value
Prescribed limit as per SWM Rules 2016
Moisture (%)
26.71
15-25 Maximum
pH
8.16
6.5-7.5
Conductivity (umoh/cm)
11400
4000 Maximum
Organic Matter (%)
9.75
12.0 minimum
Exchangeable K (mg/100g)
386.91
-
K as K2O (%) by multiplying
% K by 1.2051
0.47
0.4 minimum
As (mg/kg)
BDL
10
Cd (mg/kg)
BDL
5.0
Cr (mg/kg)
128.5
50
Cu (mg/kg)
389.20
300
Ni (mg/kg)
49.90
50
Pb (mg/kg)
98.60
100
Zn (mg/kg)
644.80
1000
Hg (mg/kg)
BDL
0.15
2.1.4 Hindon Vihar Garbage Factory
As informed by GNN during the visit of Hindon Vihar Garbage Factory on 15.02.2022, the waste processing capacity of this factory is 350 TPD. The construction work has been completed including electricity work (Fig-10). As informed, the factory is not yet operational due to lack of connecting road. It was also informed that the same process be adopted for segregation of MSW at Hindon Vihar Garbage Factory as adopted at Sihani Garbage factory.
2.1.5 Summary & Conclusions
ü Proper logbook to be maintained so as to plastic waste management v' Compost quality may be enhanced as required.
ü Garbage Factory serves as Material Recovery Facility and serves as an intermediate step for Solid Waste Management preventing dumping of waste
ü Very high unaccounted waste (~62%) indicating that records are not kept properly. Proper records to be maintained to ensure that the screened fractions (Compost, RDF % Inerts) are disposed off properly.
ü Necessary measures to be taken for on-site control of air & water pollution.
ü Necessary approvals to be obtained from UPPCB including Consents under Air & Water Act (as applicable) for operation of the garbage factory”
With regard to sewage management, it is stated that 10 drains carrying sewage and sullage are terminating into river Hindon. The underground sewerage terminates to eight sewage treatment plants having capacity of 480 MLD. Out of 8 STPs monitored by CPCB, only one STP is reported to be complying with reference to fecal coliform standards. The treated waste water is discharged into the drains rather than putting into the recycling or reuse system. Bioremediation process adopted by 10 drains is found to be ineffective because of non-scientific approach. Huge pollution load in terms of BOD is discharged into the River Hindon. The relevant part of the report on status of sewage is as under:
“2.2 Actions taken by CPCB on drains and STPs located in Ghaziabad
In compliance to directions of Hon’ble NGT, a team comprising officials from CPCB, UPPCB & Nagar Nigam, Ghaziabad visited the sites on 10.05.2022 and 18.05.2022 and conducted inspection and sampling of 08 STPs and 10 drains located in Ghaziabad, to carry out performance of bioremediation of drains. Details of drains and STPs monitored, are as under:
Drains (10) located in Ghaziabad
S. No.
Name of the drain
Date of visit
Bioremediation
Discharge of drain into
1
Indira Puram Drain
10/05/2022
Yes
Hindon River
2
Pratap Vihar Drain
3
Rahul Vihar Drain
4
Kailla Bhatta Drain
5
Dasna Drain
18/05/2022
6
Arthda Drain
7
Karhda Drain
8
City Forest Drain
9
Nandi Gram Drain
10
Hindon Vihar drain
STPs (10) located in Ghaziabad
Date of Inspection: 10/05/2022 & 18/05/2022
S.No.
Name of STP
Installed Capacity (in MLD)
Technology adopted
Treatment Capacity (in MLD)
Average flow
(in MLD)
1
Indira Puram (UP Jal Nigam)
74
SBR
56
56
2
Indira Puram (UP Jal Nigam)
56
UASB
70
70
3
Indira Puram (GDA)
56
SBR
56
56
4
Dundahera (UP Jal Nigam)
56
SBR
56
45
5
Dundahera (UP Jal Nigam)
70
UASB
70
70
6
Govindpuram, (GDA)
56
SBR
56
11
7
Bapudham, (GDA)
56
SBR
56
1
8
Noor Nagar Morty (GDA)
56
SBR
56
18
2.2.1 Observations
CPCB monitored 10 nos of drain and 08 nos of STPS located in
Ghaziabad:
A. Drains:
(i) Nagar Nigam, Ghaziabad cultured the biomedia and sprayed at different locations in drain on fortnightly basis. There is no retention wall or bridge raised in drains to ensure mixing of biomedia with wastewater of drains to get effective results.
(ii) Bio-remediation in drains was carried out without regulation of dose to ensure homogenization of the biomedia throughout the drain. The biomedia cannot face/bear shock loads in case of accidental spills sudden flow or discharges in the drain.
(iii) CPCB collected samples of 10 drains before the outfall into Hindon River and analyzed for 04 parameters, viz., pH, BOD, COD & TSS, to access the effectiveness of bio-remediation applied by Ghaziabad Nagar Nigam. Analytical results are depicted in Table 7.
B. STPs
(i) CPCB team monitored 10 STPs, located in Ghaziabad and samples were collected from both inlet and outlet. Subsequently, samples were analyzed for 08 parameters viz., pH, BOD, COD, TSS, NH3 -N, PO4-, fecal coliform and total coliform. Analytical results are depicted in Table 8.
(ii) STP at Dundahera discharges wastewater into Dasna Canal. Discharge of treated wastewater of 02 STPs is conveyed through 03 outlets. There may be a possibility that the by-pass channel is discharging untreated wastewater into Dasna Canal.
(iii) There is no infrastructure in place for collection and storage of Biogas generated in UASB reactors of STP at Indirapuram (56 MLD) and Dundahera (56 MLD).
(iv) STP at Bapudham receives only 01 MLD of wastewater against the treatment capacity of 56 MLD.
Table 7: Analytical results of drains monitored in Ghaziabad during 10/05/2022 & 18/05/2022
S. No.
Name of the drain
Parameters
pH
COD (mg/L)
BOD (mg/L)
TSS (mg/L)
General Standards for Discharge of Environmental Pollutants into inland surface, under Schedule-VI of The Environment (Protection) Rules, 1986.
5.5-9.0
250 mg/L
30 mg/L
100 mg/L
1
Indirapuram
7.3
281
77
346
2
Pratap Vihar
7.1
155
29
153
3
Rahul Vihar
7
367
113
258
4
Kailla Bhatta
7
194
63
112
5
Dasna
7.1
297
166
193
6
Arthda
6.5
152
62
122
7
Karhda
7
566
218
339
8
City Forest
7.8
93
29
82
9
Nandi Gram
7.1
377
161
197
10
Hindon Vihar
7.2
293
72
159
Table 8: Analytical results of Sewage Treatment Plants (STPs) located in Ghaziabad
S.
No.
STP Name
Installed Capacity (In MLD)
Technology adopted
Sampling Location
Parameters
pH
COD
(mg/L)
BOD
(mg/L)
TSS
(mg/L)
NH3-N
(mg/L)
PO4 -
(mg/L)
Fecal Coliform (MPN/100
mL)
Total Coliform (MPN/100
mL)
Norms as per NGT direction dated 30/04/2019 in the matter of OA 1069 of 2018
6.5-
9.0
50
10
20
5
1.0
230
N/A
1
Indirapuram
74
SBR
Inlet
7
826
149
834
-
-
-
-
Outlet
7.2
63
13
27
6
0.45
49 X 103
70 X 103
2
Indirapuram
56
UASB
Inlet
6.9
416
118
206
27
1.23
26 X 1010
17 X 1011
Outlet
7
196
49
80
21
1.69
24 X 107
24 X 107
3
Indirapuram
56
SBR
Inlet
7.1
270
104
105
19
2
14 X 1010
17 X 1010
Outlet
7.2
34
8
18
2
1.16
45
13 X 102
4
Dundahera
56
SBR
Inlet
6.6
1907
707
1954
22
1.69
39 X 1011
28 X 1012
Outlet
7.6
65
10
14
BDL
0.52
17 X 103
22 X 103
5
Dundahera
70
UASB
Inlet
7
468
193
309
25
0.30
11 X 108
21 X 108
Outlet
7.2
135
35
65
20
2.01
23 X 104
49 X 104
6
Govindpuram
56
UASB
Inlet
7
228
115
122
23
2.7
46 X 108
70 X 108
Outlet
7.5
35
6
BDL
3
1.30
54 X 104
92 X 104
7
Bapudham
56
UASB
Inlet
8.1
99
16
237
8
2.02
70 X 108
14 X 109
Outlet
-
-
-
-
-
-
-
-
8
Nur Nagar Morty
56
SBR
Inlet
7.4
273
116
160
10
1.55
17 X 107
32 X 107
Outlet
7.5
43
9
20
BDL
0.68
35 X 109
16 1010
2.2.2 Findings:
Based on the analytical results following findings are made:
A. Drains
Bio-remediation techniques adopted by Nagar Nigam, Ghaziabad in 10 monitored drain is not effective as high organic load was observed at outfall of each drain. Nagar Nigam, Ghaziabad needs to address the issue by ensuring complete (100%) tapping of drains in compliance of Hon’ble Tribunal’s orders.
B. STPs
Out of 08 STPS monitored, only 01 STP located at Indirapuram with SBR treatment technology and capacity of 56 MLD was complying and 06 were not complying with the norms prescribed by NGT, for parameters viz., COD 34 mg/L, BOD 8mg/L, TSS 18mg/L, NH3-N 2 mg/L & FC 45 MPN/100 Ml.
STPs at Govindpuram and Nur Nagar Morty were non-complying with respect to Fecal Coliform only.
STPs at Indirapuram with UASB treatment technology and capacity of 56 MLD maintained by UP Jal Nigam and at Dudahaida with UASB treatment technology and capacity of 70 MLD were non-complying with respect to 06 parameters viz., COD, BOD, TSS, NH3-N, Phosphorus and fecal coliform.
STP at Indirapuram (74MLD) receives COD 826 mg/L and TSS 834 mg/L at inlet. This STP receives wastewater from Sahibabad drain. The high COD level at inlet indicates that drain carries untreated industrial discharge which may be attributed to untreated discharge from industrial units operating in non-conforming areas in upstream region of the drain. Storage facility for biogas generated in UASB reactors of STP at Indirapuram (56 MLD), is not available.”
Finding about gaps in compliance and directions
Since report of CPCB is exhaustive and no objection has been filed thereto, we accept the report and proceed on that basis. Other reports do not rebut the data in the said report.
It is seen that overall situation with respect to solid and sewage management is far from satisfaction. There is huge gap in waste generation and treatment/processing. For solid waste management, one site measuring 33.108 acres at Galand Village and the waste to the extent of 20,000 MT is being deposited at pipeline road. Further, another private land on an abandoned brick kiln site is being used for dumping waste. Thus, the gap appears to be of 500 tons per day. With regard to sewage management, except one STP, none of the STPs are complying with respect to fecal coliform. STPs designed at Govindpuram, Bapudham and Noor Nagar Morty for 56 MLD of capacity are receiving only 11, 1 and 18 MLD respectively. It is not clear how Indirapuram STP is having treatment capacity of 70 MLD against the installed capacity of 56 MLD. Further, 10 drains are discharging BOD ranging from 29 to 218 mg/l of BOD into river Hindon.
Determination of liability for compensation on principle of ‘polluter pays’ and directions for restoration measures
In view of continuing violation of norms, Ghaziabad Nagar Nigam (GNN) and Ghaziabad Development Authority (GDA) have to be held liable to pay compensation for restoration of environment in the light of scale adopted by the Tribunal vide order dated 01.09.2022 in OA No. 606/2018 (with respect to State of West Bengal). Liability of GNN will be 75% as primary responsibility for maintaining drains, STPs and solid waste is of GNN. The liability of GDA will be 25%. The amount of compensation is fixed at Rs. 200 crore as follows:
i. For non-compliant sewage treatment plants (7 STPs) equivalent to 424 MLD, Rs. 212 crores i.e. 25% of total cost of treatment @ Rs. 2 crores per MLD since facilities exist in these STPs at the secondary level but improvement is required
ii. For gap of 200 TPD of solid waste management and unprocessed bioremediated waste estimated at 1.90 lakh MT, Rs. 5.70 crores @ Rs. 300 per MT. (rounded of to Rs. 200 crore)
As already mentioned, GNN has to deposit Rs. 150 crores and GDA Rs. 50 crores. The compensation be deposited with the District Magistrate Ghaziabad by the above authorities within two months. The amount is to be credited to a separate account to be utilised for remediation measures as per action plan to be jointly prepared and executed within six months by a joint Committee of CPCB, State PCB and District Magistrate with association of Nagar Nigam and Development Authority.
Further, the STPs in operation need to comply the standards and treated water is to be effectively utilized for secondary purposes instead of being discharged into the drains. Legacy waste sites be maintained and landscaped with plantations. MSW processing facilities be developed to bridge the gap.
The Divisional Commissioner, Ghaziabad may monitor the entire action plan on monthly basis with Ghaziabad Development Authority and Ghaziabad Nagar Nigam and continue further action to augment capacity suitably for treatment of solid and liquid waste which may be further periodically reviewed by the Additional Chief Secretary, Urban Development, UP on bimonthly basis.
The application stands disposed of without prejudice to the aggrieved parties taking further remedies as per law.
All I.A.s will also stand disposed of.
A copy of this order be forwarded to Additional Chief Secretary, Urban Development, UP, CPCB, State PCB, District Magistrate and Divisional Commissioner, Ghaziabad, GDA, and Ghaziabad Nagar Nigam by e-mail for compliance.