Nitin Shankar Deshpande v. Union Of India

1. The issue for consideration is effluent discharge standards for STPs as laid down vide Notification dated 13.10.2017 by way of Environment (Protection) Amendment Rules, 2017 against Serial No. 105 of Schedule-I to the Environment (Protection) Rules, 1986.

2. Vide order dated 21.12.2018, this Tribunal noted that untreated or partially treated sewage is a major source of pollution in the country. The Hon'ble Supreme Court in the case of Paryavaran Suraksha Samiti v. Union of India (2017) 5 SCC 326 directed taking of steps so that huge gap in sewage generated and treated is bridged.

3. The Tribunal also noted that the proposed standards as per Draft Notification dated 24.11.2015 issued by Ministry of Environment, Forest & Climate Change (MoEF & CC) are sought to be diluted by the impugned Notification as follows:

Sr. No. Parameters Old Norms 1986 Draft Norms Nov., 15 MoEF & CC Notification October 2017 1. Biochemical Oxygen Demand (BOD) (mg/1) <30 <10 <30 and <20 (metro cities) 2. Chemical Oxygen Demand (COD) (mg/1) <250 50 No limit 3. Total Suspended Solids (TSS) (mg/1) <100 <20 <100 and <50 (metro cities) 4. Total Nitrogen (mg/1) <100 <10 No limit 5. Ammonical Nitrogen (mg/1) <50 <5 No limit 6. Total Phosphorus (mg/1) No limit No limit No limit 7. Fecal Coliform MPN/100 ml No limit <100 <1000

4. The Tribunal also noted that the relaxed standards will deteriorate the water quality and degrade the environment and be a retrograde step. The dilution will also affect the human life and the water quality of the rivers.

5. Accordingly, the Tribunal constituted an Expert Committee comprising the nominees from IIT Kanpur, IIT Roorkee, NEERI and CPCB which was to give its report after examining the best available technologies and best practices and after referring to the Experts study on the subject particularly CPCB Report on “River Stretches for Restoration of Water Quality, 2014–2015” and the order of this Tribunal on the subject of polluted river stretches dated 20.09.2018 in Original Application No. 673/2018 in the matter of News item published in “The Hindu” authored by Shri Jacob Koshy titled “More river stretches are now critically polluted: CPCB”. The Tribunal also directed stay of operation of the impugned Notification and application of pre-revised standards till further orders.

6. Accordingly, report has been received from CPCB vide e-mail dated 30.04.2019 forwarding the Expert Committee report. The report noted the current status of water quality of rivers which flows in India and the fact that 351 river stretches out of 323 rivers were polluted. There was need for revised standards for BOD and COD with a view to protect the water quality of the rivers/streams. There was also a need for revised standards for TSS, for Nitrogen (Ammonia & Nitrates) and Phosphorus and for Fecal Coliform.

7. The Committee while discussing the need for revised the Standards for BOD and COD observed that:

“Inclusion of COD in sewage discharge certainly offers advantages in terms of early diagnosis on functioning of STPs and thus helps in resorting immediate measures/corrective actions. This is because analysis of COD is completed within 5 Hours as against 5 days at 20°c or 3 days at 27°C for BOD (Sawyer & Mccarty, V. Edition). Moreover, if Government wishes to regulate STPs across the county through online monitoring system in future, inclusion of COD in Discharge Standards will prove beneficial for the reason that COD sensors are quite reliable and readily available in Indian market, however the same is not the case with BOD sensors. Thus, from regulatory point of view also, COD is an important parameter and needs to be included in sewage Discharge Standards.”

While discussing the need for revised standards for TSS the Committee has observed that:

“The Microbial quality of wastewater could be linked with the TSS concentration. The larger the Suspended solids, the larger shall be the presence of bacteria, protozoa and viruses. High TSS wastewater cannot be easily disinfected, as the suspended particles “hide” these microorganisms and also react with chemical disinfectants.”

Further the committee observed:

“A well designed and operated conventional sewage treatment system such as activated sludge process can meet 20 mg/L effluent TSS discharge standards. Many STPs bases on secondary wastewater treatment all over the globe are able to achieve 10-20mg/L. TSS without any tertiary treatment.”

Further with regard to the need for revised standard for Nitrogen (Ammonia & Nitrates) and Phosphorus it has been elaborated by Committee that:

“Nitrogen and phosphorus in all forms are major rate limiting elements essential for the growth of alage and other vegetation in water bodies leading to a state called eutorphication. The greenish color water with large vegetation growth is common sight for not only lakes and ponds but also slow moving rivers.

Eutrophication arises from the oversupply of nutrients (N & P), which leads to overgrowth of plants and alage. Degradation of dead alage and plants by microbes consumes dissoloved oxygen in the water, thereby creating the state of hypoxie.

Eutrophication leads to many problems related to water quality:

• Large Dissolved oxygen variation leads to fish kills

• Filling the water body with dead algae and other vegetation.

• Decomposition of dead algae and vegetation at the bottom causing oxygen depletion and further release of nutrient.

• Release of algal toxins and odors causing substances make the water unsuitable for human and animal consumption.”

The Committee has also observed that:

Due to the absence of dilution and worsening of our rivers and lakes, it is necessary to move towards nutrients (nitrogen and phosphorus) regulations in water bodies.

The Committee while discussing the revised standards for Fecal Coliforms observed:

“As per “Houses and Household Amenities, Latrine Facility, Census of India - 2011, Registrar General and Commissioner, India” available at http://censusindia.gov.in/2011census/hlo/Data sheet/India/Latrine.Pdf; Out of 7.9 Crores Urban Households (UHH), nearly 1.7 Crores UHH (i.e. 20 %) lacks adequate sanitation. At the same time more than 5 lakhs villages in the country are now open defecation free (ODF) (https://sbm.gov.in/sbmdashboard/ODF.aspx.) Although rural parts are covered through sanitary toilets, effluent from septic tanks from newly built 9.2 crores toilets across the country is unavoidable. This may pose very high health risk owing to the fact that “Sanitation” including collection, conveyance and treatment is either absent or inadequate in such areas. Reletting FC pose risk to downstream cities/town/villages that rely on drinking water source on same water body in case of rivers. It appears quite reasonable to say that FC Standards be prescribed to 100 MPN/100 ml. considering its impact on human health in general and readiness of Indian wastewater sector to handle the same (Recommended value of FC in CPHEE0 Manual, 2013 is MPS230/100ml.).

(emphasis added)

Hence, CPHEE, 2013 recommended the following guidelines for treated sewage discharge into surface water which after some travel may join a drinking water source to be used as source of supply for drinking water as given in following Table 5.20

Table 5.20 Recommended Guidelines for Treated Sewage if Discharged into Surface Water to be used as source of Drinking Water.

Parameter MoEF Standards (A) Recommended Values BOD, mg/L 30 Less than 10 SS, mg/L 100 Less than 10 TN, mg/L 100 Less than 10 Dissolved P. mg/L 5 Less than 2 Faecal Coliforms, MPN/100 ml. Not specified Less than 230

(A) General Standards, Environmental Protection Rule, 1986 & as authorized by PCB

• In order to achieve the above values, the treatment process would need to be designed for nutrient removal in addition to the conventional BOD and SS removal. It has also been reported that if the nutrients were removed to the levels mentioned in Table 3.20, then the amount of chlorine required for disinfection would be less at about 5 mg/l.

Considering aforementioned analysis, the Chairman CPCB directed all State Pollution Control Boards to make it mandatory for local bodies to set up sewerage systems for treatment and disposal of sewage to meet the prescribed standards i.e., pH 6.5-9, BOD (mg/L): Not more than 10, COD (mg/L): Not more than 50, TSS (mg/L): Not more than 20, NH4-N (mg/L): Not more than 5, N-total (mg/L) Not more than 10 Fecal Coliforms (MPN/100 ml) Less than 230. The details are provided in Annexure 1.”

8. The report further mentions that the stringent standards in terms of Draft Notification dated 24.11.2015 are not only economically viable and technically feasible, the cost will not be significantly high. In this regard, it was observed:

“7.0 ECONOMIC VIABILITY & RESOURCE POSITION

1. For Nitrification (Conversion of ammonia to nitrate), 20-30% larger aeration tanks are required with additional 40-50 % aeration demand. The Total capital and O & M cost of the system increases by 10-20 & 5-10 % respectively.

2. For further removal of nitrate from wastewater, denitrification (conversion of nitrate to Nitrogen gas) is needed by additional anoxic tank in the system. The capital cost further increases by 5-10 %. Nevertheless, denitrification gives 25 % oxygen credit which reduces 25 % aeration requirement.

3. Finally, overall capital and operational cost implications for achieving standards for metropolitan and class-I cities shall be 20-30%.

4. Typical total unit costs for wastewater treatment based on experience gained in Western Europe and the USA is presented in Figure XX (WHO/UNEP 1997), The total unit cost for secondary treatment (BOD < 20-30 mg/L, & TSS < 50-100 mg/L) varies between 1.5-2.0 US$/m3, while for tertiary treatment (BOD, TSS & TN < 10 mg/L) it is 2.0-2.5 US$/m3. The additional burden is approximately 25-33 % which matches with Indian experience as well.

5. In recent years, many STPs are constructed based on effluent BOD, TSS & TN < 10 mg/L) and all the well operated and maintained STPs are providing the desired effluent quality. Some of these STPs are monitored by IIT Roorkee in recent years under several research projects and NGT reports. The performance evaluation results for 20 MGD Nilothi STP, 20 MLD Pappan Kalan STP, 15 MLD Delhi Gate STP and 5 MGD Kapashera STP of Delhi submitted to NGT alongwith 3.0 MID STP, Rishikesh, 1 M.D. STP, Delhi, 27 M.D. STP, Haridwar etc., monitored under various research projects is attached as Annexure 3.

6. CPCB has also conducted study on technological achievability of proposed standards. Delhi Jal Board has installed and commissioned 04 STPs on advanced treatment technology along with coliform reduction facilities.

7. In addition, the following STPs all over India are producing the desired quality: 1.5 M.D. STP, Cubbon Park, Bangalore, 2.0 M.D. STP, Pahalgam, 3.5 M.D. STP, Tapovan, Rishikesh, 4.0 M.D. STP, IIT’ Madras, 12.5 M.D. STP, Tonca, Goa, 15.0 M.D. STP, Gorakhpur, 17.3 M.D. STP, Zirakpur, Punjab, 18 MLD STP, Sarai, Haridwar, 20.0 M.D. STP, Hyderabad, 20.0 MLD Sangvi, Pune, 30 M.D. STP, Hyderabad, 37.5 MLD STP, UP Housing Board, Lucknow, 40.0 MLD Kharadi, Pune, 40.0 M.D. STP, Hubbali, Karnataka, 45 M.D. STP, Mundhwa, Pune, 50 MLD STP Kalamboli, Navi Mumbai, 54 M.D. STP, Noida, 55.0 MLD, Singanpure, Surat, 56 M.D. STP, Indirapuram, Ghaziabad, 68.0 M.D. STP, Dehradun, 100 M.D. STP, Vashi Navi Mumbai, 130 M.D. STP, Nagpur, 137 M.D. STP, Greater Noida, 245 MLD STP Indore, etc.

8. In practical experience with actual tendered cost, the experience has been quite differing. Many tenders based on old and less stringent quality standards have been awarded at much higher per MLD cost as compared to STPs having more stringent standards. Plus on a long term basis, new technologies have lower life cycle costs. Other factors which are encouraging most corporations and contractors to adopt new technologies are more compact designs, less land requirement, less construction time, better material of construction, less maintenance cost, automation and less dependency on expensive trained manpower to operate plants in remote locations.”

9. Accordingly, the Committee further observed that:

“• The new stringent standards are devised considering the deterioration condition of water bodies and unavailability of adequate dilution water in our water bodies. If not stringent quality standards are not implemented then in the coming future with more population burden on rivers, situation will further deteriorate.

• The greatest benefit of these standards is to achieve all purpose non-portable reuse quality effluent. Each STP is to be treated as a source of water for reuse and recycling, helping in mitigating drought/climate change in the country. It will also reduce exploitation of groundwater reserves and dependency on rainfall which has become quite unpredictable in the past few years. Climate change is a reality that should be addressed and adopted for in the coming future. It will go a long way in reducing agricultural dependency on bore well water.

• If treatment of wastewater is not carried out with intention of reuse and recycle expenditure on conveyance/long distance transport of water/sewage will be much higher. Even as on toady in many cities cost of conveyance of water is much higher than the treatment of sewage to make it fit for most uses including domestic uses. For example the cost of transporting water from Narmada to fulfil water supply needs of Indore city (approximately @ Rs. 20/cum) is much higher than the cost of treating sewage to tertiary level.”

In view of above and severity of depletion of aquatic resources vis-a-vis the financial aspects related to conveyance and treatment of water/sewage the committee recommended that the effluent discharge for STPs to be as follows:

“Sl. No. Industry Parameters Standards (Applicable to all mode of disposal) 1 2 3 4 Sewage Treatment Plants (STPs) Mega and Metropolitan Cities Class I Cities Others Deep Marine Outfall pH 5.5-9.0 5.5-9.0 5.5-9.0 5.5-9.0 Bio-Chemical Oxygen Demand (BOD) 10 20 30 30 Total Suspended Solids (TSS) 20 30 50 50 Chemical Oxygen Demand (COD) 50 100 150 150 Nitrogen-Total 10 15 - - Phosphor us-Total (For Discharge into Ponds, Lakes) 1.0 1.0 1.0 Fecal Coliform (FC) (Most Probable Number per 100 mililiter, MPN/100 ml Desireable-100 Permissible-230 Desireable-230 Permissible-1000 Desireable-1000 Permissible-10,000 Desirable-1000 Permissible-10,000 Note: (i) Mega-Metropolitan Cities have population more than 1 crore, Metropolitan Cities-Population more than 10 Lakhs and Class-1 Population more than 1 Lakh. (ii) All value in mg/l except for pH and Fecal Coliform. (iii) These standards will be applicable for discharge into water bodies as well as for land disposal/applications. (iv) These Standards shall apply to all new STPs for which construction is yet to be initiated. (v) The existing/under construction STPs shall achieve these standards within 07 years from the date of notification. (vi) In case where the marine outfall provides a minimum initial dilution of 150 times at the point of discharge and a minimum dilution of 1500 times at a point 100m away from discharge point, then norms for deep sea marine discharge shall be applied. (vii) Reuse/Recycling of treated effluent shall be encouraged. (viii) State Pollution Control Boards/Pollution Control Committees may make these norms more stringent taking into account the local conditions.

10. We have heard Learned Counsel for the parties.

11. Learned Counsel for the applicant submits that while the Expert Committee is fully justified in suggesting parameters as per its report for Mega-Metropolitan Cities, there is no justification for different and diluted standards for Class-I cities, Other cities or Deep Marine Outfall and to that extent the report of the Expert Committee fall short of the required scientific logic and database. While recommending the diluted standards for Class-I cities, Other cities or Deep Marine Outfall the Committee has not given any explanation with regard to the existing pollution load in these areas, the available systems in place, the efficacy of the systems in terms of meeting of norms, the population impacted by deteriorating water quality and likely consequences on health of people if these diluted norms are permitted. There is no scientific justification offered for diluting the norms for these areas in which the majority of country's population resides. Also such standards we feel must apply not only to new STPs but also to the existing ones. Further, there is no justification for non-application of such standards for seven years for existing STPs.

12. Learned Counsel for CPCB and interveners are unable to justify dilution of standards for areas other than Mega Metropolitan Cities or for existing STPs.

13. We find that there is no justification for diluted standards for areas other than Mega and Metropolitan Cities. The water quality standards are required to be same for the population of major cities or other cities. No justification has been shown for different standards for persons living in cities other than Mega and Metropolitan Cities. Major population of this country will be affected by diluted standards and only persons in Mega and Metropolitan Cities will have comparatively better standards without any valid reason or distinction. We may note that filters, UV filters etc. are facilities mainly available in major cities and not in smaller cities or villages where the standards are proposed to be diluted.

14. Accordingly, we accept the report of the Expert Committee with the modification that the standards recommended for Mega and Metropolitan Cities will also apply to rest of the country. We also direct that the standards will apply not only for new STPs but also for existing/under construction STPs without any delay and giving of seven years time stands disapproved.

MoEF & CC may issue an appropriate Notification in the matter within one month from today.

The Application is disposed of.