NEWS ITEM PUBLISHED IN THE TELUGU NEWSPAPER NAMED ...

enforce any of the regulations specified in the environmental permits. It has poisoned groundwater as a result hundreds of acres of farmland became barren.

2. Vide order dated 28.04.2022, the Tribunal sought opinion of Department of Atomic Energy, Mumbai on the issue. Accordingly, the Department of Atomic Energy has given its opinion dated 20.07.2022 which is as follows:-

"Background Information:

Issues similar to those raised by 'Eenadu Andhra Pradesh Edition' on August 07, 2021 have been raised on several occasions in the past. In the year 2018, water samples from tailings slurry, stagnant water and supernatant water from the tailing pond had been collected by Andhra Pradesh Pollution Control Board (APPCB) on various dates and had been analysed in the same year by agencies engaged by APPCB who are accredited by Atomic Energy Regulatory Board (AERB) and National Accreditation Board for Testing and Calibration Laboratories (NABL). These reports had indicated uranium concentration Below Limit of Quantification (BLQ) in almost all the bore wells except a few cases. As a part of background monitoring, Health Physics Unit (HPU) of Bhabha Atomic Research Centre (BARC) collects water samples from the monitoring wells located at tailing pond and surrounding areas from time to time. During the testing of such water samples, a few cases of anomalies had also been found out during such surveillance. Earlier in June 2017, during regulatory inspection of Tummalapalle mill, AERB had observed that high uranium values (956.7 ppb) in boreholes of MC Palle village has been reported, which is located about 2km from tailings pond of Tummalapalle mill, UCIL. In this regard, AERB had recommended UCIL for finding out the reasons for high uranium values in public bore wells. In view of this, extensive in depth investigations have been carried out by different agencies to find out the root cause of contamination of ground water in the area and also to establish if the tailings pond had played any role in such contamination. The particulars of such investigations carried out are described below.

Studies on Ground water Flow Direction:

A study focussing on the ground water flow direction around the tailing pond was conducted in order to understand whether tailing pond resulted in any ground water contamination. Water samples from more than 50 wells in the region, spatially well distributed within a radius of 10 km were collected three times during the period from December 2019 to March 2021 and were analysed for various parameters, including uranium and barium.

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The general groundwater flow direction in the region around the tailing pond is from South West (Udumalaikuruti upstream) to North East (Vemula, downstream). Based on detailed study of the topography (48 well locations), water table data and gradient analysis (54 wells) and water quality data (130 wells) across three different time periods spanning one year, it is found that there is no discernible uranium plume emanating from the tailing pond. This is evident from the fact that the concentrations of uranium in wells downstream of the tailing pond are low. Additionally, the regions upstream of the tailing pond have very high uranium concentration. The presence of high groundwater uranium concentrations in upstream areas indicates that there is significant contamination of uranium due to natural ore deposits in that area resulting in poor water quality. This indicates that contamination is natural and not anthropogenic.

Studies on Hydrogeological Aspects:

Tailing pond is located at an aerial distance of 2.2, 6 and 1.5 km from the villages MC Palle, Kanampalle and KK Kotalu respectively. None of these villages are located downstream of tailing pond. Moreover, the MC Palle and Kanampalle villages are situated on the ore body / mineralisation. From the watershed analysis, it is evident that the tailing pond / MC Palle are located at two different watersheds and separated by two hillocks with height of 400m RL and a valley with structural features. It is also observed that the tailing pond water shed is located at lower elevation when compared to MC Palle watershed and tailings water would not be travelling to the higher elevation and further these two watersheds are not connected by the same aquifer.

To ascertain the tailing pond water percolation into ground water, the data of agriculture bore wells (71) located in the vicinity covering downstream and upstream of the tailing pond and MC Palle, Kanampalle and KK Kotalu villages have been collected and interpreted with orebody configuration which is derived from exploratory borehole data of AMD through orebody modelling The extent of the uranium mineralisation at Tummalapalle region starts from the outcrop and extends up to 800m vertical depth. Ore body modelling based on 378 boreholes drilled by AMD reveals that out of 71 agriculture bore wells, 29 bore wells have intersected the ore body showing uranium concentration. The uranium concentration of remaining 42 bore wells which do not intersect ore body, is well within the permissible limits. However, it is noted that 9 bore wells located at MC Palle village show uranium concentrations in the range of 87 µg /l to 7500 µg/l. It is observed that these bore wells are located in close proximity to the dyke which is passing across the village. The reason for higher concentration of the non- intersecting agriculture bore wells could be attributable to existence of this post mineralised dyke.

As per the directives of APPCB, polyethylene and bentonite clay lining is to be laid for Thickened Tailing Disposal area (TTD). Presently, thickened tailings are not generated from the plant and polyethylene lining is not applicable. As per AERB guidelines, the bottom of tailing pond is lined with natural clay. The low permeability of clay lining ensures that the migration is contained

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within the tailing pond and there is no possibility of percolation of tailing water into ground water table.

The tailing slurry is being discharged into tailing pond and the supernatant water is re-circulated back into the system. It is important to note that the monitoring wells located in the downstream of tailing pond do not show any higher values of uranium concentration and other constituents of tailings water. It implies that the migration of tailings water is not occurring and also the clay lining is effective.

PCB has collected water samples from tailing slurry, stagnant water and supernatant water from the tailing pond and groundwater samples from adjoining villages of KK Kotalu, Kanampalle & MC Palle villages. From the analysis, it is observed that the pH of the ground water is in the range of 7.04 to 7.75 against the pH >12 of tailing pond water. It confirms that there is no migration of tailing pond water into the ground as pH of ground water remains unaltered.

Studies on Isotope Hydrology

The Isotopic hydrological study was conducted over an area of 625 Km² in Tummalapalle area, Kadapa district, Andhra Pradesh during monsoon and post monsoon seasons in years 2020 and 2021 to understand factors leading to high uranium concentration in ground waters. The study included collection of 155 water samples which were subjected to various analysis such as hydrochemical, environmental isotope, isotopes of dissolved carbonates & sulphates and radioisotopes. Analytical results show an average uranium concentration of 332 µg/L during monsoon and 428 µg/L during post monsoon. Higher levels of nitrate (ay.68.51 mg/L) is also observed. Average pH in ground water is found to be 7.24 whereas that of mine effluent water is highly alkaline (11-12) which can damage pipes and water carrying appliances.

Statistical studies such as analysis of variance and factor scores reflect that the average values of uranium did not vary much in the last eight years and that uranium migration could be attributed to various geochemical processes. Stable isotope systematics study suggest a common source of recharge, which is predominantly rainwater. The isotope signatures of high uranium containing groundwater do not match with that of mine effluent samples. Modelled age determinations of ground waters based on radio isotopes indicate a range of about 600 to 3000 years suggesting that tailing pond and decant pond are not contributing to uranium contamination.

This multi isotopic study has brought to light that the higher concentration of uranium in ground waters could be due to geogenic in nature and suggest that high uranium values may be attributed to rocks having uranium bearing minerals in the system. Relatively high concentration of uranium in ground waters has been found in parts of Punjab. Recent published literature shows 5.4 to 43.4 ng/ml in Melwa, 11.7 to 113.7 ng/ml in Batinda and 0.5 to 579 ng/ml in the districts of SW Punjab. The Malwa

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region has the state's two biggest coal-fired power stations, which generate fly ash that has high levels of uranium. The high uranium concentrations in Punjab appear to be geogenic as these areas, consist of high heat producing granites and acid volcanic rocks which have high concentrations of uranium.

Summary

Studies on hydrological particularly groundwater flow, geohydrological focussing essentially on ore body modelling and multi isotope tracer hydrological investigations involving various analysis such as hydro chemical, environmental isotope, isotopes of dissolved carbonates & sulphates and radioisotopes indicate that tailing ponds do not contribute uranium contamination in ground waters of Tummalapalle area, but may be attributable to ore deposit as evidenced by the age of groundwater and further substantiated by the presence of high uranium values essentially in the upstream side of the tailing pond."

3. Uranium Corporation of India Ltd. has also filed its response which is as follows:-

"Issues raised:

1. Whether the tailing pond maintained by the UCIL IS most hazardous to the environmental pollution?

2. Whether the Thorium and radium present in mine tailing contaminates the water sources. And whether it led to higher risk of cancer?

3. Whether the Groundwater in surrounding villages has become contaminated by Uranium and other heavy metal?

4. Whether the UCIL has made any attempt to increase the green cover around the tailing pond to curb the spread of dry radioactive particles through air, if any?

5. Whether the Land owners were properly compensate acquiring the land?

6. Whether the ground water contamination is due to the um_ mining activity? (CMET Water Samples Results)

7. Whether the animals death in large number is due to the UCIL mining activity?

8. Whether the land in the village turned into white due to the UCIL mining activity?

Arguments advanced by UCIL

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1. The Tailings Pond has been designed in line with the guidelines laid by International Atomic Energy Agency (IAEA) and adhering to the stipulations laid by Atomic Energy Regulatory Board (AERB) and State Pollution Control Board. In this regard the UCIL had obtained various approvals at the time of construction and operations from all regulatory bodies. The details of the statutory clearance for Tummalapalle Uranium Process Plant are mentioned below:

 Environment Clearance for Tummatapalle Mine and Mill has been obtained from the Ministry of Environment and Forest (MoEF) vide reference no. J- 11015/394/2006-IA/II (M); dated 21.02.2007

 Consent for operation (CFO) of the pant for the Existing discharge of sewage and/or trade effluents under Section 25/26 of the Water(Prevention and Control of Pollution) Act, 1974 and amendments there for for discharge of air emissions under section 21/22 of the Air(Prevention and Control of Pollution) Act, 1931 and amendments thereof and Renewal of Authorisation under Rule 5(4) of the Hazardous Wastes(Management, Handling and Transboundary movement) Rules, 2008 and Amendment Rules, 2009 has been obtained by UCIL vide reference no. APPCB/KNUTPT/103/HO/CF0/2014/942; dated

01.01.2015 and the same was renewed for a period of five years i.e., up to 30.06.2021 vide renewal order dated 02/07/16.

 Authorisation consent for construction of Tummalapalle Mill other than tailing pond has obtained vide ref. no. AERE/IPSD/VVP/PG/15/ACPSR-FCF/2010/2119 dt.14.05.2010. Consent for construction of Tummalapalle tailing pond and tailing dam including check dam of UCIL has obtained vide ref.no AERE/IPSD/VVP/PG/15 /ACPSR-FCF/2011/1167dt.31.03.2011 extension of consent for construction of Tummalapalle tailing pond and tailing dam of UCIL has obtained vide ref.no. AERB/CN/IPSD/DD/75A(5)/2016/1011Dt.28.03.2016.

2. Regarding issue no. 2, the petitioner mentioned that Uranium has a half-life of 2,40,000 years and emits radiation for thousands of years and also the radiation levels are high at different places in around the Tailing Pond, which is far from the truth.

UCIL has stated that, half-life period of Uranium is 4.5 billion years. That, Health Physics Unit (HPU) an independent unit of Bhabha Atomic Research Centre(BARC), monitors the radiation levels regularly in the surrounding environment includes Air, Water, Soil & Saplings etc around the UCIL installations in the country.

UCIL has also stated that there is no limit of back ground radiation levels as mentioned by the petitioner. The background radiation levels depend upon the geological environment which

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may vary from region to region. The background radiation level in Kerala is much higher compared to Tummalapalle Unit. That, the radiation levels are in the tailing pond as mentioned by the petitioner as 0.80-0.90 µSv/hour is not found anywhere in the Tailing Pond.

UCIL has also stated that radiation exposure of miner/employees on an average is in the range of 2-6 msv which are far below the prescribed limit of 20 msv of AERB. The international accredited studies confirm that no effect is anticipated at this radiation exposure level.

3. UCIL stated that Atomic Minerals Directorate for Exploration & Research (AMD) has established country's largest Uranium deposit from Tummalapalle region which occupies 50% share in the Uranium reserves found in the country. The Uranium ore body starts from surface and extends up to 1000mtr at Tummalapalle and out crops of Uranium ore body also found at many places.

Further ISCIL stated that several times the allegations of contamination of groundwater and soil in the area because of UCIL activities have been refuted with scientific studies. A committee of experts (which includes a professor of IIT Kharagpur) constituted by Department of Atomic Energy in May 2018 had looked into the above allegations and has explained that deep water bore wells (up to 700 ft) have been drilled by locals in the region which have intercepted uranium bearing dolomitic rock in most of the cases. This water with higher uranium values and other associated salts are being used for agricultural purposes, thus contributing to elevated level of salt concentration in the soil. Moreover, the Tummalapalle area is categorized under over exploited zone of ground water by Andhra Pradesh State Groundwater Dept.

It is pertinent to mention that ground water in many parts of Andhra Pradesh and Telangana States have been contaminated due to presence of Uranium ore body though there are no mining activities of UCIL.

As per the directives of APPCB in its CFE & CFO, polythene and bentonite clay lining is to be laid for `thickened tailing disposal area'. At present, the answering respondent has not yet commenced production of thickened tailings which contains 70% solids and the construction of thickened tailings disposal area with HDPE and Geotextile lining has been approved in-principal by AERB, which is presently being designed by a Consultant. This Tailing Pond has been designed in line with guidelines laid by International Atomic Energy Agency (IAEA) and adhering to the stipulations laid by Atomic Energy Regulatory Board (AERB) and State Pollution Control Board.

4. UCIL to increase the green field area for the protection of human health and environment etc. UCIL has been doing green belt development as per the Environmental Clearance issued by Ministry of Environment, Forest and Climate Change (MoEFCC)

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with the help of State Government. So, far green belt has been developed in 80 Ha at Tummalapalle for implementation the above directions. The tailings in the pond are in the form of semi-solid condition and there is no chance of spread dry radioactive particles through air.

5. The land is transferred to UCIL by the State Government upon completion of the Land Acquisition procedure. UCIL does not have any role in payment of compensation to the land owner's directly. The genuine land owners will get all the benefits like employment etc. as per the Rehabilitation & Resettlement Policy, 2006 of UCIL. So far the employment provided to 268 nos. of land outstees against of their acquired land at Tummalapalle Project.  Some misleading facts has been spread throughout India that a common disease was found in this area. And some studies, reports were conducted, but none of them have found any disease attributable to radiation exposure.

6. The high concentration of the Uranium is observed in a few water samples collected in the villages of MC Palle, Kottala and Kanampalle which are found in scattered pattern. Further to that MECON Ltd., (A Govt. Of India Enterprise) has conducted hydrogeological investigations around tailing pond to examine the ground water contamination. MECON has concluded that the ground water contamination is not attributable to UCIL activities.

7. UCIL stated that the dying of animals and diseases mentioned are not attributable to answering respondent company.

8. UCIL stated that due to the deepening of water bore wells and also continuous exploitation of ground water resulted higher concentration of the salts on the soil from the Dolomitic rock. Shri Raghavendra Reddy, Sarpanch of Bhumaiahgaripalle had earlier also complained the depletion of ground water level before the District Collector. The District Collector had directed the official concerned of the Ground Water department for study and submit the detailed report in this regard. As such, the official of Groundwater Department had confirmed in his report that, above issues had been arisen due to less recharge and also over exploitation of the ground water in this region."

4. It is also stated that some matters are pending before Andhra

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6. In view of scientific studies on the subject based on which opinion of the Department of Atomic Energy and stand of the Uranium Corporation, are that contamination of water is not attributable to pollution, we are not inclined to pass any further order in these suo-motu proceedings but this order will not affect the proceedings said to be pending before the High Court.

The application is disposed of.

Adarsh Kumar Goel, CP

Sudhir Agarwal, JM

Prof. A. Senthil Vel, EM

September 20, 2022

Original Application No. 245/2022

SN

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