ASHWANI KUMAR DUBEY v. SASAN ULTRA MEGA POWER PROJECT (RELIANCE POWER LIMITED)

2. Main orders passed by the Tribunal are in OA 117/2014, OA No. 164/2018 and OA No. 148/2020. Other matters are covered by the said orders. Though the said three matters have been dealt with separately, principal issue in all three matters is common and overlapping. In OA No. 117/2014, the issue dealt with relates to compliance of mandate for scientific management and utilization of fly ash by the TPPs in Sonebhadra and Singhrauli. In OA 164/2018, apart from the said issue, additional issue in the context of breach of Rihand Reservoir on 07.08.2019 and 06.10.2019 has been raised. Further, breach of fly ash pond in Sasan Ultra Mega Power Plant on 15.04.2020 resulting in death of six persons and injuries to others, apart from damage to crops has been raised.

3. On appointing Expert Committees and considering reports submitted based on study on the spot, the Tribunal found serious gaps in storing of fly ash in ponds and dykes and failure to prevent fugitive emissions, failure to install FGDs, failure to install OCEMS at appropriate locations. Such failures have been found to have resulted in serious damage to the environment and the public health which need to be remedied in a Mission Mode as per mandate of Constitution of India and the NGT Act. Accordingly, directions have been earlier given and further compliance reports sought. Scope of today's proceedings is ascertainment of updated status and need for further directions in the interest of environment and public health.

Last orders OA No. 117/2014 - order dated 4.11.2020

4. OA No. 117/2014, Shantanu Sharma vs. Union of India & Ors., OA No. 499/2014, Anupam Raghav & Anr. vs. U.O.I. & Ors. and OA No. 102/2014, Sandplast (India) Ltd. & Ors. vs. MoEF & Ors. were last dealt

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with vide order dated 04.11.2020. The Tribunal noted earlier proceedings of the Tribunal, the notification of the MoEF&CC on the subject and impact of non-utilization and improper disposal of fly ash on the health and recipient environment, including surface and ground water, horticulture and agriculture crops in violation of provisions of the Air (Prevention and Control of Pollution) Act, 1981; Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986 (EP Act) and Notifications issued thereunder. The Tribunal noted that the report of the Working Group constituted by the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Govt. of India submitted in the year 2011, recommending requirement of 100% fly ash disposal and enforcement strategies, including condition for grant of loan and incentives. It was further noted that the MoEF&CC directed 100% utilization of fly ash by 31.12.2017. The Tribunal also referred to Judicial and Executive orders for utilization of the fly ash in construction activities, brick making, road construction and constitution of Monitoring Committees in every State and also at the level of Central Government. The Tribunal also referred to statistics of generation and utilization of the fly ash and need for invoking 'Polluter Pays' principles as a component of 'Sustainable Development' principle, also incorporated under Section 20 of the NGT Act, 2010. In terms of orders of this Tribunal dated 20.11.2018, a Joint Committee was constituted to determine the amount of compensation required to be paid by individual TPPs and also interim compensation fixed by this Tribunal. In the light of report of the Joint Committee dated 20.12.2019, the Tribunal issued further directions about the mode of disposal/utilization of fly ash for reclamation of low-lying areas and in using of abandoned mines/Quarries. It was noted that several TPPs had preferred appeals to the Hon'ble Supreme Court against

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the order of interim compensation passed by this Tribunal. The Tribunal directed further steps for scientific disposal of the fly ash and coercive measures by the statutory regulators against the violators, subject to orders of the Hon'ble Supreme Court in matters pending therein. Relevant extracts from the order are:

"xxx …………………………………xxx…………………………….xxx

15. On the last date i.e. 12.02.2020, the Tribunal reviewed the matter further in the light of the report of the joint Committee filed on 20.12.2019. It was observed:-

"21. Pursuant to order dated 20.11.2018, the joint Committee has filed its report on 20.12.2019 on the subject of action plan to achieve 100% fly ash utilization by the TPPs and liability of the TPPs to pay compensation. The report mentions the meetings held for the purpose and consideration of the enhanced utilization of fly ash by way of Ash based building construction material such bricks/blocks/tiles; road, flyover embankment construction, Development of low- laying areas, Reclamation of abandoned mine voids, Ash utilization as soil conditioners of agriculture. As per CPCB, about 77% of total fly ash generated per annum is utilized. This indicates a gap in terms of 23% which needs immediate action. In terms of legacy waste, the total quantum is 1647 million tonnes as on

31.03.2019.

22. The Committee recommended one year time to achieve 100% utilization of fly ash where the utilization currently was more than 85% and two years for the remaining. The action plans of 118 individual units have been annexed. The compliance status is to be reviewed quarterly and on annual basis. On the subject of environmental compensation, it is recommended that compensation should be imposed only on non-pit head TPPs."

16. It was further observed that this Tribunal has noticed repeated and continuous defaults by the TPPs resulting in damage to the environment and public health for which compensation has been assessed by the experts under orders of the Tribunal. In O.A. No. 453/2019, Anjani Jaiswal vs. Union of India & Ors., vide order dated 11.10.2019, this Tribunal considered reports of the MPPCB and UPPCB in respect of pollution by the TPPs in districts Singrauli and Sonebhadra respectively. It was found that damage was being caused to the water bodies including Rihand reservoir, surface and ground water and rivers like Son, Renu, Bijul, Kanhar, Gopad, Pankagan, Kathauta Kachan, etc. and streams/nalas like Ballia Nala, Chatka Nala, Kahuwa Nala, Tippa Jharia, Dongia Nala,

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etc. water was contaminated by toxic effluents discharged and was not fit for consumption.

MPPCB furnished its report dated 21.08.2019 recording a finding that pollution was taking place and recommending compensation as follows:

"Details of imposed Environmental compensation

As per the Environmental Compensation guidelines framed by CPCB in compliance of order 31.08.2018 in O.A. 593/2017 the maximum environmental compensation is Rs. 30,000/- per day of non-compliance. The total amount of 56,08,50,000/- (Fifty Six Crore Eight Lac Fifty thousand rupees) may be imposed upon the 03 TPP & 08 NCL mining project against the non- compliance of the major notification, direction & recommendations issued since 2014. Summary of the days of non-compliance & Environmental compensation therefore is as tabulated below:

compliance Rupees @ 30000/day

1. M/s E ssar Power MP Limited, 01 30,000/- Singrauli, MP

2. M/s Sasan Power Limited, 1247 3,74,10,000/- Singrauli, MP

3. M/s NTPC, Vindhyachal, 1389 4,16,70,000/- Singrauli, MP

4. NCL, Nigahi, Singrauli 1825 5,47,50,000/-

5. NCL, Gorbi Block-B, 1843 5,52,90,000/- Singraulli

6. NCL, Khadia Project, 1825 5,47,50,000/-

7. NCL, Amlohri area, Singraulli 2185 6,55,50,000/-

8. NCL, Bina project 1825 5,47,50,000/-

9. NCL, Dudhichua area 1825 5,47,50,000/-

10. NCL, Jayant Project 2455 7,36,50,000/-

11. NCL, J hingurda area 2275 6,82,50,000/- " Likewise, UPPCB also found pollution by the TPPs in its report dated 28.08.2019 and compensation was recommended as follows:

"Abridged Status of Environmental Compensation (EC) EC in Rs.

S.No. Name of industry (M/s)

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" Apart from recommendation for compensation, the UPPCB also recommended remediation measures and study of carrying capacity as follows:-

"11. Recommendations In order to suitably address the critical issues of potential concerns to environment in the Singrauli Area, the Committee proposes following Recommendations subject to approval of Hon'ble NGT:

a. In keeping with the strict compliance of this referenced Order of Hon'ble NGT, the Statutory Authorities may take note of the findings of this report and ensure appropriate action for recovery of Environmental Compensation due to damage caused to environment.

b. Considering complexity of study components and required expertise in related field / discipline, estimation of environmental damage and cost of remediation be worked out by a consortium of reputed institutions namely National Institute of Hydrology (NIH), Roorkee, National Geophysical Research Institute (NGRI),Hyderabad; National Institute of Occupational Health (NIOH), Ahmedabad; National Botanical Research Institute (NBRI), Lucknow and Indian Institute of Toxicology Research (IITR), Lucknow or such other institutions

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of repute. U.P. Pollution Control Board and M.P. Pollution Control Board may be nodal agencies for execution of the above activities in their respective jurisdiction. c. Irrigation Department in U.P. State is required to come out with status of silting in the reservoir impacting adversely on the water holding capacity of the reservoir and possible threat (if any) on the structure of the Rihand dam as the latter was designed to hold water column and is expected to practically holding a significant column of silt due to discharge of industrial effluents.

d. Environmental carrying capacity in Singrauli area must be worked out to take a decision on new / expansion projects and also to devise an environment friendly strategy on pollution control by the industries in the area."

17. The Tribunal also considered the subject of parameters for determining environmental compensation. Apart from the said issues, there was specific consideration with regard to the breach of fly ash dyke of ESSAR Thermal Power Plant and NTPC, Vindhya Nagar at Singruali, M.P. In O.A. No. 164/2019, with reference to breach of fly ash dyke of ESSAR Thermal Power Plant and NTPC, Vindhya Nagar at Singruali, M.P., the Committee appointed by this Tribunal headed by Justice Rajes Kumar, former Judge of Allahabad High Court, in its report dated 03.11.2019 observed:-

"(2) By persuasion and monitoring, the Fly Ash disposal by the Thermal Power Plants has been increased but 100% disposal could not be achieved. Disposal of stocked Fly Ash has not yet been started. An exclusive meeting of the Thermal Power Plants has been held on 22^nd October, 2019. The meeting was very successful. Some positive suggestions have come out to deal with the Fly Ash. Copy of the Minutes has already been sent by email. It is stated that the Fly Ash is the main cause of the air pollution in the Singrauli-Sonbhadra area. Since the installation of the Thermal Power Plant(s) from the year 1981 onwards, no sincere effort was made by the Thermal Power Plants for the disposal of Fly Ash. It is only because of the sincere effort made by the Committee and regular monitoring, the Thermal Power Plants have started taking steps for disposal of Fly Ash.

(3) Construction of the Fly Ash Dyke and its maintenance was not found technically sound and proper. Recently, two Fly Ash Dykes - one of ESSAR Thermal Power Plant and another of NTPC, Vindhyanagar were breached, causing heavy environmental damages. The Committee has taken serious note about this happening and has given direction to all Thermal Power Plants to get the certificate of the third party expert about the construction and stability of the Fly Ash Dyeke. The Committee is seriously monitoring.

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(4) Since long, the industrial effluents have been drained in the Rihand Reservoir. The Fly the Fly Ash has also been drained by some of the Thermal Power Plants, Ash travelled to the Rihand Reservoir, polluting the water of the Rihand Reservoir, which is only source of water. The committee has taken a very serious note of this issue and directed the U.P. Pollution Control Board to prepare a DPR for de-silting of sludge in order to purify the water and to increase the capacity of the Rihand Reservoir which has been substantially reduced due to drainage of affluents and fly ash.

(8) Shri Ashwani Kumar Dubey has filed one Application seeking the various reliefs on account of the environmental damages being cause by the breach of Fly Ash Dyke of ESSAR Thermal Power Plant. The enquiry in pursuance thereof is going on. Shri Ashwani Kumar Dubey has also filed a second Application seeking various reliefs on account of the breach of the Fly Ash Dyke of NTPC Vindhyanagar causing environmental damages. The enquiry in this regard is going on and is pending."

18. Finally, the Tribunal passed following operative order:-

"30. We have considered the written submissions filed by the individual TPPs. In view of earlier orders dealing with the contentions of the TPPs, there is no merit in the stand that the said plants are not liable for 100% fly ash disposal. Difficulties pointed out are of no relevance as the same are to be resolved by the administration and not by the victims of pollution whose rights are being affected. Environment cannot be violated against statutory norms. Violation of statutory notifications needs to be visited sternly in terms of enforcing the same, recovering compensation and prosecuting the violators. Whatever be the individual circumstances, it cannot be a ground to disobey law and to commit criminal offence under the Water Act, Air Act and EP Act. There is no discretion available with this Tribunal to dispense with the mandate of law. Statutory provisions are binding on every TPP without any exception. It is, thus, not necessary to go into the justification or otherwise of such impermissible defence of the TPPs.

31. In view of above, all TPPs must take prompt measures for disposal of both current and accumulated fly ash. In respect of non-compliant TPPs, Polluter Pays principle has to be applied from the cut-off date of 31.12.2017, apart from other statutory consequences for continued violations.

32. Thus, our directions are as follows:-

a. The TPPs may take prompt steps for scientific disposal of fly ash in accordance with the statutory notification issued by the MoEF&CC under the provisions of EP Act requiring 100% utilization and disposal of fly ash.

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b. For the non-compliant TPPs, environmental compensation needs to be determined w.e.f. the cut-off date of 31.12.2017 as stipulated in the Notification dated 27.01.2016.

c. CPCB may accordingly compute and levy Environmental Compensation in accordance with the formula referred to above w.r.t. individual TPPs in accordance with law and submit compliance report to this Tribunal before the next date. d. CPCB Guidelines of May 2019 for

Utilization/Disposal of Fly ash for Reclamation of Low Lying Areas and in Stowing/Back filling of Abandoned Mines/Quarries may be complied. e. Task Force of Ministry of Power and Ministry of Coal may recommend list of abandoned mines/quarries for mine back filling purposes to the CPCB. CPCB may notify the same accordingly for use by the TPPs as per applicable guidelines and permission from State PCBs/PCCs. f. A Committee comprising of CPCB and IIT Roorkee may assess the environmental damage with regard to the breach sites at Vidhyanchal TPP an Essar TPP in Singrauli area and submit its recommendation within three months. CPCB shall be at liberty to engage any other technical expert for this purpose.

g. The Committee comprising of Collector, CPCB and Member Secretary of MP State Pollution Control Board may assess the damage with regard to the breach sites at Vidhyanchal TPP and Essar TPP in Singrauli area to the crop and agricultural productivity and ensure effective restoration/remediation of affective sites within three months.

h. CPCB may ensure implementation of action plans approved by it in accordance with timeline as provided in the statute.

i. A joint Committee comprising of MoEF&CC, CPCB, IIT Roorkee and any other member considered necessary may submit quarterly progress report on recommendations of Expert Committee of Niti Aayog for enhanced utilization of fly ash in various sectors: mines, roads, cement, industries and bricks etc., along with its implementation status. j. The present order is subject to proceedings pending before the Hon'ble Supreme Court and where stay is operative, this order will not operate till stay

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continues and thereafter abide by orders of Hon'ble Supreme Court."

19. Accordingly, compliance reports have been filed by the MoEF&CC, the CPCB and the joint Committees.

20. The report filed by the MoEF&CC on 03.11.2020 with regard to enhanced utilisation of fly ash is that guidelines for disposal/utilization of the fly ash for reclamation of low lying areas and in using of abandoned mines/Quarries, in consultation with Central Pollution Control Board and Central Institute of Mining and Fuel Research, Dhanbad has been published in March, 2019. As per policy decision dated 28.08.2019, restriction on backfilling of fly ash in abandoned mines and low lying areas has been removed. National Highways Authority has given an action plan on 30.09.2019 for enhanced utilization of fly ash. Direction has been issued on 02.03.2020 to Ministry of Power, Ministry of Road Transport & Highways, Ministry of Coal, Ministry of Housing and Urban affairs, Central Pollution Control Board, National Thermal Power Corporation and National Highways Authority of India requesting them to furnish the progress report/action taken report. Ministry of Coal has submitted ATR via email dated 06.11.2019, 08.04.2020, 03.09.2020 respectively on the recommendations of Expert Committee i.e. "mining companies should share their experience of mines backfilling to enhance fly ash utilisation in this sector". MoEF & CC has shared the report on fly ash filling experience in CIL mines and also the list of mines identified by Ministry of Coal for fly ash filing with CPCB and Ministry of Power with request to furnish progress report in this regard vide letter dated 27.04.2020. Ministry has issued a reminder letter vide email dated 07.07.2020 to Ministry of Power, Ministry of Road Transport and Highways, Ministry of Housing and Urban affairs, Central Pollution Control Board, National Thermal Power Corporation, National Highways Authority of India requesting to furnish the progress report/action taken report at the earliest.

21. Report of CPCB filed on 04.09.2020 is to the effect that environmental compensation has been computed. Out of 112 plants, two have paid while 102 plants have sought exemption. List of 21 abandoned mines has been finalized for utilization of the fly ash. Action with regard to the directions (f) and (g) is pending finalization. Utilization status for 2018-2019 and 2019-20 has been monitored.

22. A report has been filed by the joint Committee constituted in terms of direction (f) of order dated 12.02.2020 on 06.09.2020 regarding Environmental Compensation for Vidhyanchal TPP and Essar TPP. The assessment of compensation is as follows :-

"3. Damage assessment fir M/s Essar Power MP Ltd & M/s NTPC Vindhnagar

The Committee has assessed the environmental damage based on the available monitoring reports, field reports and literature. The brief on damage cost is as tabulated below:-

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23. The recommendations in the report are as follows:-

"i. Industrial units have engaged professional institute NEERI, Nagpur to assess the damage; the institute needs to assess the site specific long term direct or indirect impact on the flora fauna, human health and consumptive cost.

ii. Industrial units need to comply for 100 % fly ash utilization to avoid such incidence in future.

iii. To install monitoring stations on the affected sites, to continuously monitor the movement of plume underground or the leaching of toxic heavy metals from the sediment

iv. Industrial units need to take care for the health of worker s employed for spill clean-up working."

24. Second report is by the Committee constituted in terms of direction (g) for assessment of compensation to the crop and agricultural productivity by Vidhyanchal TPP and Essar TPP. The Compensation has been assessed, for which recommendation is as follows:-

"3. Restoration/remediation of the site a. Restoration of site by M/s Essar Power MP Ltd.

The team of district administration and Madhya Pradesh Pollution Control Board has visited the ash dyke breached data area on 02.02.2020 to physically verify the status of restoration work of the site. The report submitted vide letter no. 1125/RO/PCB2020 dated 17.02.2020 by MPPCB, Singraulli states that the ash spread over the field and water bodies was collected and dumped at ash dyke no. 3. The photographs attached with the report show that ash spread over the fields was removed and site is restored. Copy of the report is enclosed as Annexure-

IX. Further after the site collection of ash from the fields by M/s Essar Power MP Ltd., farmers have sown the Kharif crop during this monsoon.

b. Restoration of site by M/s NTPC Vindhnagar

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As there was no agricultural activity is in practice inside the NTPC ash dumping area; no crop damage was reported and same was recorded by district administration. As per the status report submitted by M/s NTPC Vindhnagar on 27.07.2020; the ash spread over the land and in drains and near pond were collected that was about 1 Lac ton. The collection of ash deposited near the Rihand reservoir is delayed due to swampy land and problems of machinery movement, which is likely to be completed by 15-09.2020. The dredging of the affected portion of the Rihand Reservoir is also being started. Copy of the status report submitted by NTPC is enclosed as Annexure-X."

Recommendation:

a. The Essar Power M.P. Ltd. Village Bandhaura, Distt. Singrauli (M.P) shall be directed to compensate for indirect loss of Rabi Crop of Rs. 2014200/-

b. The Essar Power M.P. Ltd. Village Bandhaura, Distt. Singrauli (M.P) may depute an agricultural institute for the assessment of damage to the crop productivity w.r.t. the Kharif and Rabi crop cultivated in 41 Ha of Village Karsualal and Karsuaraja for 2020-21 & 2021-22."

25. Let further steps be taken in terms of the above reports subject to the orders of the Hon'ble Supreme Court in matters pending therein. Further progress report may be compiled by the MoEF in terms of direction (i) in the order dated 12.2.2020. CPCB may finalise the issue of compensation determination. We approve the reports of the joint Committees. Recovery of compensation will be as per directions of the Hon'ble Supreme Court wherever there is stay.

Xx xx xx

The CPCB, the MoEF&CC and the joint Committees may file their further status reports with regard to the status as on 30.4.2021 before the next date by e-mail at judicial- ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The joint Committee is at liberty to take assistance of such other experts as they find necessary."

OA No. 164/2018 - order dated 14.07.2020

5. In OA No. 164/2018, Ashwani Kumar Dubey vs. Union of India & Ors., the matter was last considered vide order dated 14.07.2020. The Tribunal inter alia considered the issue of breach of fly ash dykes due to storage beyond capacity or otherwise and adverse impact on public

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health and water bodies in the area of Singrauli and Sonebhadra Districts of Madhya Pradesh and Uttar Pradesh respectively. There was damage to Rihand Reservoir which was major source of water supply in the area. The Tribunal had constituted an Oversight Committee headed by Justice Rajesh Kumar, former Judge of the Allahabad High Court to furnish a factual report in the matter with recommendations for remedial action. In the light of recommendations of the said Committee and the response of the concerned TPPs, the Tribunal issued directions for scientific management and disposal of fly ash as well as payment of compensation and also directed further monitoring by Joint Committee of CPCB, State PCB and District Magistrate and filing of quarterly status reports before the Tribunal. Relevant extracts from the said order are reproduced below:

"1. The order is being passed in continuation of order dated 05.11.2019. The issue for consideration is remedial action against pollution and violation of environmental norms by Thermal Power Stations operating in Singrauli and Sonebhadra Districts of Madhya Pradesh and Uttar Pradesh respectively, resulting inter- alia in air pollution, water contamination and large scale of damage to public health. The areas figure in the list of polluted industrial clusters based on comprehensive environment pollution index, prepared by the CPCB as per available data of pollution.

2. After considering the report of the joint Committee, constituted by the Tribunal, to the effect that damage to environment was being caused by the thermal power stations in Singrauli and Sonebhadra in M.P/U.P and that water bodies, including the Rihand Reservoir (main source of supply of drinking water in the area) were adversely affected, the Tribunal directed remedial action and also constituted an oversight committee (OC) headed by Justice, Rajesh Kumar, former Judge of the Allahabad High Court.

3. The Committee gave its reports about the status of compliance upon which the Tribunal passed further orders. The reports considered by this Tribunal include reports dated 14.12.2018 (I^st report), 28.06.2019 (II^nd report), 21.08.2019 & 23.08.2019 (III^rd report) and 29.10.2019 (IV^th Report). The IV^th report pointed out

damage to the Rihand Reservoir on account of breach of fly ash dykes of Essar Power and NTPC on 07.08.2019 and 06.10.2019 respectively. Slurry travelled upto the reservoir giving rise to emergent situation. The concerned plants were required to take suitable remedial measures by the Committee.

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4. In the earlier orders, the Tribunal directed consideration of recommendations of the Committee and appropriate further action, adopting appropriate safeguards. The Tribunal also directed the CPCB to have an action plan prepared by the power plants for de- silting of the reservoir and improvement of the dykes. The issue of recovery of compensation was deferred to the extent that there was stay by the Hon'ble Supreme Court. The term of Committee headed by Justice Rajesh Kumar was initially for six months but was extended till 31.12.2019. The NTPC and Essar power were directed to initiate steps for restoration of their respective ash dykes by

31.12.2019.

5. In pursuance of the above, we have considered the matter further in the light of following:-

I) Report of Justice Rajesh Kumar dated 20.12.2019

II) Report of the CPCB dated 28.02.2020

III) Objections to the report by the Vindhyachal Super Thermal Power Station, R-10

IV) Comments to the observations of the OC report dated 20.12.2019 by the UPVUN.

6. Report dated 20.12.2019 by the OC is based on the minutes of meeting held on 17.12.2019 which record the status report furnished by the concerned power plants. With regard to the NTPC, the Committee observed that on account of the breach of its ash dyke, the fly ash travelled up to the reservoir for which interim compensation of Rs. 10 Crore was liable to be deposited. NTPC was also required to take remedial measures. UPUVN was also found to be liable as follows:

"On the spot inspection, the Committee found that a large portion of Ash Dyke had been breached with the result huge quantity of fly ash had spread all over the land. It has travelled up to the Rihand reservoir. Prima facie, the interim environmental compensation demanded by the MPPCB at Rs. 10.00 Crore cannot be said to be excessive. The said amount ought to be deposited. We are of the view that the furnishing of bank guarantee of Rs. 1.00 Crore is not sufficient. MPPCB may issue the notice asking the Plant to deposit the entire Rs. 10.00 Crore. Bank guarantee cannot be said to be deposit, it can only be treated as the security. The committee is of the view that to strengthen the ash dyke the plant should consider to develop RCC wall around the fly ash dyke. The structure should be of RCC having a layer of PVC, tiles to ensure the stability of the dyke. At present the dyke is being made out of the fly ash putting boulder pitching outside wall and brick lining inside the dyke. The storage of fly ash is very important aspect in the context of Environment. Improper storage of fly ash results in air pollution and water pollution affecting the Environment In the last meeting we have asked

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the thermal power plants to explore the possibility of developing the fly ash mount as has been developed by NTPC Dadri. Neither any interest has been shown in this regard nor any step has been taken to develop the fly ash mount. In the face of status stated above, we direct NTPC-Vindhyachal to be very sincere and implement the directions given by the committee and by the Hon'ble NGT in a shorter time.

Committee directs the MPPCB to assess the Environment Compensation finally within one month. Plant is also directed to give the status report time to time, preferably within 15 days each time.

UPVUN, Anpara:

On the information being received from the various sector that there is a continuous flow of the water carrying fly ash from two sides towards Rihand Reservoir since last more than one year. On 15.12.2019 night at about 6:30 PM committee visited the spot and found that the information given is true. There is continuous flow of water coming from plant along with the fly ash filling in Rihand Reservoir. On a query being made that why this is happening, Shri Pradhul Gupta, Senior Engineer states that this flow is not continuous, it is mainly during the rainy season and this happened because of fulfilment of the ash dyke therefore the water is overflowing. It also carries catchment water. It is stated that they are raising the height of the dyke which may likely to take one year at least. He further submitted that they are also developing another compartment which may likely to take six months and they are also making effort to divert the nala which carries natural water to reduce the quantity of water. We do not find explanation satisfactory. The fact is that the water carrying fly ash are continuously flowing towards the Rihand Reservoir, the volume of the flowing water is very high and it carries fly ash, it is continuous since last more than one year. Discharge of fly ash to the Rihand Reservoir pollutes the water of reservoir which is the only source of water of the area. We find that the information about the flow of huge water along with fly ash had not been conveyed to SPCB authorities and they have deliberately concealed the facts. It is mentioned here that these two areas are in a very interior and we have to reach these places after travelling about 18 KM kaccha road through forest. Act of pollution amounts to violation of various laws and polluter is liable to be punished. The committee is of the

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view that since the flow of water along with fly ash is continuous, and there is no possibility for its immediate stoppage. The only way to stop the flow is to close operation of the unit and their unit is liable to be closed until they make arrangements and ensure that no water with ashes may go to the Rihand Reservoir. The committee is also of the view that they are liable for the environment compensation as well as cost of desilting of the ashes from the reservoir on the principle of polluter pay. The UPPCB is directed to assess environmental compensation and take all stringent actions under the provision provided in the various Acts."

7. Report of the CPCB is on the issue of de-silting and restoration of Rihand Reservoir. It refers to pre-existing guidelines of CPCB on

ash disposal in mounds and backfilling of ash in abandoned mines. With regard to the cost apportionment for de- silting/restoration of Rihand Reservoir, The CPCB has concluded as follows:

"In absence of verified records in these respects, an assessment of contribution of each plant by this approach is difficult. Therefore, the contribution of each power plant might also be revealed by the proposed study to assess sediment volume at various places in the reservoir.

To begin with, the total ash slurry volume generated by each plant on the periphery of Rihand reservoir can be considered as the basis of sharing of the cost of the study to assess sediment volume at various places in the reservoir. For this purpose, the information on annual power generation and coal consumption, average ash content, and annual ash generation as well as annual ash slurry generation based on ash to water ration power plants and collated (Annexure-III). Total ash quantity and ash slurry volume generated over the years by individual thermal power plants located on the periphery of Rihand reservoir on the basis of information collected is presented below:

Table 1

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It is submitted that U.P. Irrigation Department may be directed to coordinate the study to assess sediment volume at various places in the reservoir.

It is further submitted that Anpara TPS and Lanco-Anpara power plants may be directed to stop ash pond overflow discharge into Rihand reservoir."

8. According to the Vidhyachal Super Thermal Power Station, R- 10, the observation of the oversight Committee are completely erroneous and unsubstantiated. Breach was plugged within 30 hours. PFL wall was repaired and it is also incorrect that fly ash transfer to the Reservoir and that the raising of the height was without expert opinion. It is further submitted that compensation of Rs. 10 Crores was not justified. Cash payment of Rs. 1 Crore has been made towards interim compensation. With regard to developing fly ash mound, it is stated that it is not necessary. Comments of the UPVUN are that necessary action has been taken which may be verified. There is zero discharge from the ash dyke. Reference has also been made to the inspection report by the joint Committee of the CPCB and the State PCB recommending as follows:

"Recommendations

1. M/s NTPC Shaktinagar to repair the AWRS desloged pipeline within 07 days & to stop discharge of decant water of S1 & S2 dyke immediately by pumping in M/s NTPC Vindhnagar AWRS 03 system immediately.

2. M/s NTPC Vidhnagar shall collect back the spread over ash from 53 Ha area with minimal fugitive emission & dispose it in operating dyke. Unit shall submit the time bound action plan in this regard.

3. M/s NTPC Vindnagar to stop the probable mixing of slurry in Rihand reservoir & Surya drain near decanting pond with no further delay.

4. M/s NTPC Vindhnagar may be asked to deposit 01 Crore to CPCB or MPPCB towards an interim environmental compensation w.r.t Aryavart Foundation v. M/s Vapi Green Enviro Ltd & Ors. Hon'ble NGT O.A 95/2018 order dated 11.1.2019"

9. We have duly considered the stand of the NTPC- Vidhyachal Super Thermal Power Station as well as the UPUVN. Mere self- serving denial in the face of report based on site visit by a Committee appointed by this Court headed by a former judge of the High Court has no legs to stand. Responsible organisations should

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refrain from adopting such attitude. We uphold the report of the OC. We also note that the Tribunal has been considering the issue of compliance of Notification dated 31.12.2018 issued by the MoEF&CC requiring 100% utilization of fly ash vide order dated 12.02.2020 in Original Application No.117/2014, Shantanu Sharma v. Union of India & Ors. In the said order, following directions were issued:-

"32. Thus, our directions are as follows:-

a. The TPPs may take prompt steps for scientific disposal of fly ash in accordance with the statutory notification issued by the MoEF&CC under the provisions of EP Act requiring 100% utilization and disposal of fly ash.

b. For the non-compliant TPPs, environmental compensation needs to be determined w.e.f. the cut-off date of 31.12.2017 as stipulated in the Notification dated 27.01.2016.

c. CPCB may accordingly compute and levy Environmental Compensation in accordance with the formula referred to above w.r.t. individual TPPs in accordance with law and submit compliance report to this Tribunal before the next date.

d. CPCB Guidelines of May 2019 for Utilization/Disposal of Fly ash for Reclamation of Low Lying Areas and in Stowing/Back filling of Abandoned Mines/Quarries may be complied.

e. Task Force of Ministry of Power and Ministry of Coal may recommend list of abandoned mines/quarries for mine back filling purposes to the CPCB. CPCB may notify the same accordingly for use by the TPPs as per applicable guidelines and permission from State PCBs/PCCs.

f. A Committee comprising of CPCB and IIT Roorkee may assess the environmental damage with regard to the breach sites at Vidhyanchal TPP an Essar TPP in Singrauli area and submit its recommendation within three months. CPCB shall be at liberty to engage any other technical expert for this purpose.

g. The Committee comprising of Collector, CPCB and Member Secretary of MP State Pollution Control Board may assess the damage with regard to the breach sites at Vidhyanchal TPP and Essar TPP in Singrauli area to the crop and agricultural productivity and ensure effective restoration/remediation of affective sites within three months.

20

h. CPCB may ensure implementation of action plans approved by it in accordance with timeline as provided in the statute.

i. A joint Committee comprising of MoEF&CC, CPCB, IIT Roorkee and any other member considered necessary may submit quarterly progress report on recommendations of Expert Committee of Niti Aayog for enhanced utilization of fly ash in various sectors:

mines, roads, cement, industries and bricks etc., along with its implementation status.

j. The present order is subject to proceedings pending before the Hon'ble Supreme Court and where stay is operative, this order will not operate till stay continues and thereafter abide by orders of Hon'ble Supreme Court.

Copy of this order may be conveyed to MoEF&CC, Ministry of Power, Ministry of Coal, CPCB, IIT Roorkee and MP State Pollution Control Board. CPCB may put the order on its website and communicate the same to all concerned TPPs."

10. In view of the above, we direct:

i. Fly ash disposal may be undertaken as per the directions in the order of this Tribunal dated 12.02.2020 referred to above.

ii. Fly ash disposal in mounds and backfilling of ash in abandoned mines may be undertaken as per the CPCB guidelines If necessary, Indian Bureau of Mines, Dhanbad may also be consulted so that latest technology is utilized and all necessary safeguards are adopted.

iii. Report of the CPCB regarding Cost apportionment for de- silting/restoration of Rihand Reservoir is accepted and further steps, including further study be undertaken as recommended by the CPCB. The U.P Irrigation Department may coordinate such study.

iv. Anpara TPS and Lanco-Anpara power plants may stop ash pond overflow discharge into Rihand Reservoir to the extent the work remains unexecuted.

v. The NTPC, Vidhyachal may deposit amount of Rs. 10 Crores as recommended by the Oversight Committee with the State PCB towards interim compensation, deducting the mount already deposited. The plant may also develop RCC wall around the plant in the matter recommended.

vi. The liability for environmental compensation in respect of UPVUN, Anpara and NTPC Vidhyachal may be assessed by joint Committee of CPCB and the State PCB within two months. The nodal agency will be the State PCB for coordination and compliance.

21

vii. The transportation measures may be adopted as per suggestions of the Committee and directions of the Hon'ble Supreme Court.

11. Since the term of the Committee has expired, further oversight work may be undertaken by a joint Committee of the CPCB with respective State PCB and the District Magistrates. The State PCBs will be the nodal agency for the respective States.

12. The newly constituted OC may furnish its reports quarterly by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. First such report may be furnished giving status as on 31.10.2020 by 15.11.2020 with copies to concerned stake holders for their response if any by 30.11.2020."

OA No. 148/2020 - order dated 29.06.2020

6. In OA No. 148/2020 (earlier OA No. 31/2020(CZ), Hiralal Bais vs. Reliance Sasan Power P. Ltd. & Ors., CZ Bench of this Tribunal dealt with the incident dated 15.04.2020 of death of six persons, washed away in fly ash slurry and contamination of mercury in air, water and soil on account of negligence by the TPP - Sasan Ultra Mega Power Plant vide order dated 29.6.2020 and constituted a joint Committee to furnish a factual and action taken report. OA No. 94/2020, Ashwani Kumar Dubey vs. Sasan Ultra Mega Power Plant & Ors. also relates to the same incident which was filed before PB. Vide order dated 14.7.2020, the Tribunal noted the order of the Central Zone Bench dated 29.06.2020 in OA No. 148/2020 (earlier OA No. 31/2020(CZ)) constituting a Joint Committee to ascertain facts and give report and directed hearing of both matters together. The operative part of the order dated 29.6.2020 in OA 148/2020 (earlier OA No. 31/2020(CZ) is reproduced below:

"By way of filing this application, the applicant has raised the issue of the incident of collapsing of Fly ash pond constructed by Reliance Power's Ultra Mega Power Project's (UMPP) Singrouli (MP) on 10.04.2020 around 3 PM during COVID 19 pandemic, leading to flood of the toxic ash slurry located in adjoining Harrhava village, washed away six persons, including three kids, a woman and two men living

22

in the adjoining villages. All the Respondents are severely and jointly responsible for the loss of human and animal's lives as well as severe damages to the nearby rivulets Goiwahai, vegetations, biodiversity, fertile agricultural lands, due to their negligence. A substantial issue of environment has been raised.

We deem it just and proper to call a report from a Joint Committee consisting of:-

1. Representative of MoEF & CC

2. Representative of CPCB

3. District Collector, Singrouli

4. Madhya Pradesh Pollution Control Board through its Regional Officer, Singrouli."

Status reports for consideration in today's proceedings OA 117/2014 and connected matters

7. A report dated 23.08.2021 in pursuance of order of this Tribunal dated 04.11.2020 which also includes compliance status of earlier orders of the Tribunal dated 27.01.2020/12.02.2020 has been filed in the form of two annexures (Annexure -1 and Annexure-2). Annexure-1 deals with status of utilization of fly ash by Power Plants in 2020-2021 as follows:

23

"Status of Utilization of Fly Ash by Thermal Power Plants during year 2020-2021 Sl. Name of Thermal Power Plants State Capacit Coal / Lignite Total Ash Total Ash % Ash Unutilised Unutilised No. y (MW) Consumption Gen. (T) Utilization Utilization ash up to ash up to (Million (T) in 2020-21 31.03.2020 31.03.202

Tonnes) (Mill. Ton) 1 (Mill.

Ton)

1. Vijayawada, APPGCL, Dr. Narla A.P. 1760 6.640436 2941374 2963370 100.75% 42 42 Tata Rao TPS

2. Rayalseema, APPGCL A.P. 1650 1.676004 730093 921480 126.21% 15.9 15.65

3. Simhadri, NTPC A.P. 2000 6.447 2448817 3024865 123.52% 16.55 15.15 (121.69%)

4. Simhapuri Energy Limited A.P. 600 0 0 0 - - -

5. Thamminapatnam, Meenakshi A.P. 300 0.109107 7439 495 6.65% 0 0.006944 Energy Pvt. Ltd.

6. Damodaram Sanjeevaiah TPS A.P. 1600 4.027513 1195286 1096090 91.70% 2.55 2.649197

7. Sembcorp Energy India Ltd. P-2 A.P. 1320 4.72585 458383 459422 100.23% 0.885 0.8835 (Sembcorp Gayatri TPP)

8. Sembcorp Energy India Ltd., P-1 A.P. 1320 5.262925 1339535 1389723 103.75% 2.882 2.832 Painampuram

9. Vizag TPP, Hinduja A.P. 1040 0.820631 324503 351912 108.45% 1.194492 1.167083

10. Bongaigaon Thermal Power Assam 750 1.714175 524429 328996 62.73% 1.143005 1.338438 Project, NTPC

11. Kahalgaon, NTPC Bihar 2340 10.82 4016797 4154861 103.44% 66.52 66.5 (86.09%)

12. Muzaffarpur, NTPC Kanti Bijlee Bihar 610 1.864 710083 749366 105.53% 1.979 1.94 Utpadan Nigam Limited

13. Barh, NTPC Bihar 1320 5.367553 2039670 2204213.61 108.07% 6.372 6.2076

14. Nabi Nagar TPS, BRBCL Bihar 750 3.122168 1334947 379252 28.41% 0.775 1.730696

15. Nabi Nagar Power G.C. NPGC Bihar 660 2.87 1043130 538144 51.59% 0.81 1.314986 Ltd.,

24

25

26

27

28

29

30

31

32

33

34

Note: There are 27 TPPs which have mentioned the quantity of ash disposal in 'ash dyke raising' as utilization. In such cases % utilization excluding ash disposal in ash dyke raising has been mentioned under the brackets.

Summary of Ash Generation and Utilization during year 2020-21

. No. of Thermal Power Stations : 191

. Capacity (MW) : 2,13,030 MW

. Coal consumed : 672.130 Million Tonnes

. Fly Ash Generation : 222.789 Million Tonnes

. Fly Ash Utilization : 205.098 Million Tonnes

. Percentage Utilization : 92.06%

. Legacy based ash stored till 31.03.2021 : 1670.602 Million Tonnes"

35

8. The status of earlier order dated 12.02.2020 with regard to environmental damage due to breach of fly ash dykes at Vindhyanchal TPP and ESSAR TPP in Singrauli area is mentioned as follows:

"

With regard to the damage cost deposition, Hon'ble NGT under

Para 25 of order states the following:

36

"Let further steps be taken in terms of the above reports subject to the orders of the Hon'ble Supreme Court in matters pending therein.

Further progress report may be compiled by the MoEF in terms of direction (i) in the order dated 12.2.2020. CPCB may finalise the issue of compensation determination. We approve the reports of the joint Committees. Recovery of compensation will be as per directions of the Hon'ble Supreme Court wherever there is stay."

The committee report placed before the Hon'ble NGT did not state that the Environmental Damage was of Rs. 104 Crores. The report specifically mentions that in as much as the environmental damages at 104 crores was concerned, the same contains a specific limitation that it is just preliminary in nature and further discussion/vetting is to be initiated once a report by NEER1 is received.

The limitation clause of the report is reproduced below:

"4. Limitations

i. The above assessment is just preliminary for a guidance purpose. As per the information, NEERI has been professionally engaged by both the industrial units to perform a detailed assessment. Further discussion/vetting on such report may be initiated when the same is made available to the committee.

ii. In absence of long term site specific studies in Indian context, one• time monitoring, sampling is not adequate to assess the damage cost." Moreover, NTPC Vindhyachal has also filed an Appeal before the Hon'ble Supreme Court challenging the order passed by Hon'ble NGT and the reports submitted therein; listing is awaited."

OA 164/2018 and connected matters

9. Quarterly status reports have been filed by the Joint Committee comprising of CPCB, State PCB and the District Magistrate, in pursuance of order dated 14.07.2020 and a report dated 14.01.2022 has also been filed by the Oversight Committee (OC) headed by Justice S.V.S. Rathore, former Judge of Allahabad High Court constituted by this Tribunal on suggestion of State of UP to oversee compliance of directions of this Tribunal on certain environmental issues. It will suffice to refer to the 5^th

37

Quarterly Report of the Joint Committee filed on 15/01/2022 and the Joint Committee comprising of CPCB, State PCB and SDM Sonebhadra. The Committee undertook field visit on October 16 - 21, 2021 and looked into the compliance status of TPPs, coal mines and other industries. The status found is reported as follows:

"1. Thermal Power Plants

1.1. M/s NTPC Limited Shakti Nagar Sonbhadra. 1.1.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

The committee

c) To ensure 100% fly ash • As per the details provided, the unit has utilized 24.17% utilization in accordance with of the total fly ash generated during March to October MoEF&CC Notification dated 2021. The fly ash has been mainly utilised in NHAI road 31.12.2018 and Hon'ble NGT projects, ash brick construction, land development, and order dated 12.02.2020 in the

ash dam augmentation.

matter of OA No 117/2014.

• The reported fly ash utilization is much less than the desired utilization percentage. Also, they are mainly

38

using legacy fly ash which was already stored in old ash dyke and the fresh fly ash generated is being stored in new ash dyke.

• The committee asked to submit a time bound action plan for 100% utilization of fly ash generated at the earliest to Hon'ble NGT.

1.1.2. Status of other identified issues

39

c) Treatment and • The Solid waste generated from the residential colony is Disposal of dumped at the site located near Jayant Road. The MSW generated scientific method is not been adopted for the proper from residential segregation and disposal of MSW.

area

1.3.2. Calculation for environmental compensation

a. The unit was found discharging the ash pond overflow water into the Rihand reservoir. The CCTV footage confirms the discharge since the month of August 2021. Hence, environmental compensation is being calculated based on the 'Polluters Pay Principle'. Calculation of Environmental Compensation is as demonstrated below

• EC = PI x N x R x S x LF = 80 x 92 x 250 x 1.5 x 1 = 27,60,000/-

Where,

• PI = Pollution Index of Industrial sector (Taken as '80' considering 'Red Category')

• N = number of days of violation took place (From 01.08.2021 to 31.10.2021 i.e., 92 days)

• R = A factor in Rupees (taken as '250')

• S = Factor for scale of operation ('1.5' considering scale of operation being 'Large') LF = location factor

('1.0' considering population of area being < 1 million)

1.1.3. Recommendations of the Committee

• The unit should immediately take required measures to stop the discharge of ash pond overflow into the Rihand reservoir.

• The unit may be asked to relocate the OCEMS in order to achieve the desired iso-kinetic sampling for particulate matter.

• The unit may be asked to complete the installation of the third CAAQMS at the earliest.

• The unit may be asked to ensure that the CAAQMS is connected to the CPCB/SPCB server at the earliest.

• The unit may be asked to submit a time-bound action plan for 100% fly ash utilization at the earliest.

• The process of installation and commissioning of the FGD system needs to be expedited in realization of the revised timeline.

• The unit may be asked to properly treat the MSW generated from their residential colony.

• The unit shall take immediate measures to control fugitive emission in ash dyke area.

40

Further, the committee recommends for imposing environmental compensation (EC) of Rs 27,60,000/- for discharging ash pond overflow water into the Rihand reservoir.

1. .2. M/s NTPC Limited Rihand Super Thermal Power (Power Plant)

1.2.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

41

1.2.2. Status of other identified issues

42

• The segregated plastic waste is being sent to Ultratech cement, Dalla.

1.2.3. Recommendations of the Committee

1. The unit may be asked to ensure that the CAAQMS is connected to the CPCB/SPCB server at the earliest.

2. The unit may be asked to submit a time-bound action plan for 100% fly ash utilization at the earliest.

3. The process of installation and commissioning of the FGD system needs to be expedited in realization of the revised timeline.

1. 3. M/s Anpara Thermal Power Plant (Power Plant) 1.3.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

43

44

1.3.3. Status of other identified issues

1.3.4. Calculation for environmental compensation

The unit was asked to achieve ZLD for process effluent and reuse treated effluent from STP for irrigation

45

purpose. However, the unit has not been found to comply with both of the conditions. Hence, environmental compensation is being calculated based on 'Polluters Pay Principle'. The present committee is reviewing the matter for the period starting from 01.08.2021. And hence, the same date has been considered as reference for calculation of period of non- compliance. Calculation of Environmental Compensation is as demonstrated below:

• EC = PI x N x R x S x LF = 80 x 456 x 250 x 1.5 x 1 = 01,36,80,000/-

Where,

• PI = Pollution Index of Industrial sector (Taken as '80' considering 'Red Category')

• N = number of days of violation took place (From 01.08.2020 to 31.10.2021 i.e., 456 days)

• R = A factor in Rupees (taken as '250')

• S = Factor for scale of operation ('1.5' considering scale of operation being 'Large')

• LF = location factor ('1.0' considering population of area being < 1 million)

1.3.5. Recommendations of the Committee

• The unit may be asked to install flow meters to measure the amount of ash slurry discharged into the ash pond and the amount of water recovered and recycled from it.

• The unit may be asked to trap the discharge of wastewater containing ash into the Rihand reservoir through the drain at power house area.

• The unit may be asked to furnish explanation regarding not achieving ZLD in ETP & STP and also can be asked to submit a time-bound action plan for achieving ZLD.

• The unit may be asked to ensure complete restoration activity by removing deposited fly ash on the surface of the Rihand reservoir near the ash pond overflow lagoon area in time-bound manner.

• The unit may be asked to submit a time-bound action plan for 100% fly ash utilization at the earliest.

• The unit may be asked to make such a provision that the surface runoff water from the surrounding area does not reach the ash dyke.

• The process of installation and commissioning of the FGD system needs to be expedited in realization of the revised timeline.

46

Further, the committee recommends for imposing environmental compensation (EC) of Rs. 1,36,80,000/- for not complying the condition of ZLD for ETP & STP.

1. .4. M/s Anpara 'C' Lanco Thermal Power Station 1.4.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

47

1.4.2. Status of other identified issues

48

to Vendor approved by ULB for disposal.

1.4.3. Recommendations of the Committee

• The unit should immediately take corrective action to avoid any kind of accident in pipeline carrying ash slurry near the Dibulganj area.

• The unit may be asked to install flow meters to measure the amount of ash slurry discharged into the ash pond and the amount of water recovered and recycled from it.

• The unit may be asked to submit a time-bound action plan for 100% fly ash utilization at the earliest.

• The unit may be asked to submit a time-bound action plan for the installation of the 3^rd CAAQMS.

• The unit may be asked to ensure that the CAAQMS is connected to the CPCB/SPCB server at the earliest.

• The process of installation and commissioning of the FGD system needs to be expedited in realization of the revised timeline.

1. .5. M/s Renusagar Thermal Power Plant 1.5.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

49

50

deployed to control the fugitive emission.

• Very high Fugitive emission in transport vehicle parking area, nearby silo at exit point was also been observed. Huge ash was seen deposited in the said area

1.5.2. Status of other identified issues

1.5.3. Calculation for environmental compensation

The unit was found violating the environmental Norms and causing air pollution in the area by open burning of MSW, adequate measures for controlling the fugitive emissions from material storage and transport areas. Considering the extent of air pollution witnessed in the area, the committee recommended for imposing the environmental compensation based on the 'Polluters Pay Principle'. The period of violation is considered as the reporting quarter.

Calculation of Environmental Compensation is as demonstrated below

EC = PI x N x R x S x LF

= 80 x 92 x 250 x 1.5 x 1

= 27,60,000/-

Where,

51

• PI = Pollution Index of Industrial sector (Taken as '80' considering 'Red Category')

• N = number of days of violation took place (From 01.08.2021 to 31.10.2021 i.e., 92 days)

• R = A factor in Rupees (taken as '250')

• S = Factor for scale of operation ('1.5' considering scale of operation being 'Large')

• LF = location factor ('1.0' considering population of area being < 1 million)

1.5.4. Recommendations of the Committee

• The unit can be asked to complete the installation of proper sludge drying beds in the existing ETP at the earliest.

• The unit may be asked to relocate the OCEMS in order to achieve the desired iso-kinetic sampling for particulate matter.

• The unit can again be asked to submit time bound action plan to relocate the existing CAAQMS for ensuring representative ambient air quality monitoring as per the guideline and also complete the installation of another 02 CAAQMS.

• The unit may be asked to ensure that the CAAQMS is connected to the CPCB/SPCB server at the earliest.

• The unit may be asked to submit a time-bound action plan for 100% fly ash utilization at the earliest.

• The process of installation and commissioning of the FGD system needs to be expedited in realization of the revised timeline.

• The unit should immediately stop the burning of the MSW. And they can be asked to adopt proper scientific approach for disposal of MSW.

• The unit can be asked to take corrective measures to control the fugitive emissions from raw material storage and fly ash transportation areas.

• The unit can be asked to submit explanation for dumping the fly ash in haphazard manner. They should take immediate action for its proper disposal.

Further, the committee recommends for imposing environmental compensation (EC) of Rs 27,60,000/- as the unit was causing the air pollution through burning of MSW and inadequate measures taken to control the fugitive emissions from raw material handling and fly ash transportation areas.

1. .6. M/s Obra Thermal Power Station (Power Plant) 1.6.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

52

53

pond and spreading of • The 2nd raising of ash dyke has slurry been started and is likely to be completed within six months

f) Control of pollution during • As per information, the unit coal storage, receives coal through the rail transportation and system. The unit has provided a handling cover shed and a sprinkling system to trap the dust released during the

unloading.

• Committee observed that water sprinkler to control the fugitive emission in CHP area was not working effectively.

1.6.2. Status of other identified issues

54

1.6.3. Calculation for environmental compensation

The unit is constantly discharging untreated effluent and ash slurry in to the River Renu. Hence, environmental compensation is being calculated based on 'Polluters Pay Principle'. The present committee is reviewing the matter for the period starting from 01.08.2021. And hence, the same date has considered as reference for calculation of period of non-compliance.

Calculation of Environmental Compensation is as demonstrated below:

EC = PI x N x R x S x LF

=80 x 456 x 250 x 1.5 x 1

= 01,36,80,000/-

Where,

PI = Pollution Index of Industrial sector (Taken as '80' considering 'Red Category') N = number of days of violation took place (From 01.08.2020 to 31.10.2021 i.e., 456 days) R = A factor in Rupees (taken as '250') S = Factor for scale of operation

('1.5' considering scale of operation being 'Large') LF = location factor

('1.0' considering population of area being < 1 million)

1.6.4. Recommendations of the Committee

• The unit should immediately take action to trap the continuous flow of ash slurry from powerhouse and

55

ash pond overflow water carrying ash into the river Renu.

• Further, the unit can be directed to restore the river bed areas on which a huge deposition of ash is visible. The restoration activity should be completed in time- bound manner.

• The unit should treat all the industrial effluent generated and in no case the untreated effluent shall be discharged into the river Renu.

• The unit may be asked to install an effluent collection and conveyance system for ETP & STP at the earliest.

• The unit may be asked to ensure that the CAAQMS is connected to the CPCB/SPCB server at the earliest.

• The unit may be asked to submit a time-bound action plan for 100% fly ash utilization at the earliest.

• The process of installation and commissioning of the FGD system needs to be expedited in realization of the revised timeline.

• The unit can be asked to adopt the scientific approach for treatment and disposal of MSW.

• The unit can be asked to install the flow meters for measuring amount of ash slurry discharged and water recycled through AWRS. The unit can also be asked to install flow meters for measurement of amount of wastewater treated through the ETP and

STP

Irrespective of the observations and recommendation of the committee regarding discharge of ash water into the River Renu, the unit has not taken any initiative for its control. Huge quantity of fly ash being discharged into River every quarter. However, the lenient approach of the management not been changed.

Hence, committee has recommended to fix the personal responsibility of the officers seating at management level for causing such a environmental damage. Further, the committee recommends for imposing environmental compensation (EC) of Rs. 01,36,80,000/- for discharging untreated wastewater and ash slurry into River Renu.

2. Coal Mines of M/s Northern Coalfields Limited (NCL)

2.1. NCL Dudhichuwa Project, Sonbhadra 2.1.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

S. Issues identified in Hon'ble Compliance Status No. NGT order (As on 31.10.2021)

56

c) C ontrol of air pollution during • Six tankers of 70KL, three tankers coal of 28 KL and four converted

storage, handling and tankers of 22 KL capacity has transportation. been deployed for dust

suppression in • ha ul road and coal

yard.

Two road sweeping machines have

been also deployed for road

sweeping in the coal mine and

residential colony.

• Two truck mounted fogging machines are deployed for suppression of air borne

57

dust. • One fogger cannon system has been installed at Wharf Wall.

• 70 water spray nozzles have been provided at 10 transfer point of total 4 km length of Belt conveyor system. 16 water spraying nozzles are also provided in 02 storage Silos.

• It has been informed that, the ratio of coal transportation through Road to Train is 4:96.

• The unit has also yet not provided tyre washing facility for the transport

vehicles.

2.1.2. Status of other identified issues

2.1.3. Calculation for environmental compensation

The unit is constantly discharging untreated effluent in to the Balia Nalla. Hence, environmental compensation is being calculated based on 'Polluters Pay Principle'. The present committee is reviewing the matter for the period starting from 01.08.2021. And hence, the same date has considered as reference for calculation of period of non- compliance.

Calculation of Environmental Compensation is as demonstrated below:

EC = PI x N x R x S x LF = 80 x 456 x 250 x 1.5 x 1 = 01,36,80,000/-

Where,

• PI = Pollution Index of Industrial sector (Taken as '80' considering 'Red Category')

• N = number of days of violation took place (From 01.08.2020 to 31.10.2021 i.e., 456 days)

• R = A factor in Rupees (taken as '250')

58

• S = Factor for scale of operation ('1.5' considering scale of operation being 'Large')

• LF = location factor ('1.0' considering population of area being < 1 million)

2.1.4. Recommendations of the Committee

• The unit should ensure regular operations of ETP and proper utilization of the treated effluent to achieve zero discharge.

• The coal mine should ensure that no treated/untreated effluent will be discharged into the Balia Nalla which finally meets the Rihand reservoir.

• The unit can be asked to explore the possibility to monitor the status of fugitive emissions through the existing CCTV network provided for monitoring of production activities.

• The unit can be asked to strengthen the vigilance mechanism to identify the default transporters and take stringent action against them.

• The unit can be asked to provide effective tyre washing facility for transport vehicles.

• The unit can be asked to ensure proper treatment and disposal of MSW generated in their residential colony.

• The unit can again be asked to submit the time-bound action plan for compliance with the provision of the Notification of 2009 regarding utilization of 25% fly ash along with Over Burden (OB) for back-filling the abandoned mine.

Further, the committee recommends for imposing environmental compensation (EC) of Rs. 1,36,80,000/- for constantly discharging untreated effluent into the Balia Nalla.

2.2. NCL Bina Project, Bina, Sonbhadra 2.2.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

59

2.2.2. Status of other identified issues

60

2.2.3. Recommendations of the Committee

• The unit can be asked to submit timebound action plan for controlling the fire in the coal stock yard.

• The unit can be asked to explore the possibility to monitor the status of fugitive emissions through the existing CCTV network provided for monitoring of production activities.

• The unit can be asked to strengthen the vigilance mechanism to identify the default transporters and take stringent action against them.

• The unit can be asked to provide effective tyre washing facility for transport vehicles.

• The unit can be asked to ensure proper treatment and disposal of MSW generated in their residential colony.

• The unit can again be asked to submit the time-bound action plan for compliance

61

with the provision of the Notification of 2009 regarding utilization of 25% fly ash along with Over Burden (OB) for back-filling the abandoned mine.

• The unit can be asked to take corrective action so that the site of CAAQMS could be open from all the direction.

2.3. NCL Krishna Shila Project 2.3.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

62

• The coal handling plant of 4 MT capacity has been installed and in operation. It is provided with silo for rapid loading of coal into the railway wagons. Cold fog dust suppression system has been provided throughout the length of

CHP.

• Spraying through fixed type sprinkling system is being done along the coal transport road (from coal yard to weighbridge) and remaining area is covered through 04 tankers of 28 KL capacity, six tankers of 12 KL capacity, and one truck mounted mist gun.

2.3.2. Status of other identified issues

2.3.3. Recommendations of the Committee

• The unit can be asked to explore the possibility to monitor the status of fugitive emissions through the existing CCTV network provided for monitoring of production activities.

• The unit can be asked to strengthen the vigilance mechanism to identify the default transporters and take stringent action against them.

• The unit can be asked to provide effective tyre washing facility for transport vehicles.

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• The unit can be asked to ensure proper treatment and disposal of MSW generated in their residential colony.

• The unit can again be asked to submit the time-bound action plan for compliance with the provision of the Notification of 2009 regarding utilization of 25% fly ash along with Over Burden (OB) for back-filling the abandoned mine.

2.4. M/s NCL Kakri Project, Sonbhadra 2.4.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

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roads and connecting road from Mine entry to weighbridge.

2.4.2. Status of other identified issues

2.4.3. Calculation for environmental compensation

The unit is discharging treated and untreated effluent in to collection pond, overflow of which is reaching to the Rihand reservoir through the drain. Hence, environmental compensation is being calculated based on 'Polluters Pay Principle'. Last one quarter is the period of non-compliance found.

Calculation of Environmental Compensation is as demonstrated below:

EC = PI x N x R x S x LF

= 80 x 92 x 250 x 1.5 x 1

= 27,60,000/-

• PI= Pollution Index of Industrial sector (Taken as '80' considering 'Red Category')

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• N = number of days of violation took place (From 01.08.2021 to 31.10.2021 i.e., 92 days)

• R = A factor in Rupees (taken as '250')

• S = Factor for scale of operation ▪ ('1.5' considering scale of operation being 'Large')

• LF = location factor ▪ ('1.0' considering population of area being < 1 million)

2.4.4. Recommendations of the Committee

• The coal mine should ensure that no treated or untreated effluent will be discharged into the Rihand reservoir through the drain.

• The coal mine should immediately trap seepage in the drain at mine water collection sump.

• The unit can be asked to strengthen the vigilance mechanism to identify the default transporters and take stringent action against them.

• The unit can be asked to explore the possibility to monitor the status of fugitive emissions through the existing CCTV network provided for monitoring of production activities.

• The unit can be asked to provide effective tyre washing facility for transport vehicles.

• The unit can be asked to ensure proper treatment and disposal of MSW generated in their residential colony.

• The unit can again be asked to submit the time-bound action plan for compliance with the provision of the Notification of 2009 regarding utilization of 25% fly ash along with Over Burden (OB) for back-filling the abandoned mine.

• The unit can be asked to take corrective action so that the site of CAAQMS could be open from all the direction.

Further, the committee recommends for imposing environmental compensation (EC) of Rs. 27,60,000/- for discharging untreated/treated effluent into the Rihand Reservoir.

2.5. NCL Khadia Project Sonbhadra 2.5.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

66

c) Control of air pollution during • Mobile water sprinklers have been coal storage, handling and deployed on Haul roads. transportation. • Truck mounted mist spray

machine and road sweeping

machine are also deployed.

• Fixed fogging machine is deployed near coal yard.

2.5.2. Status of other identified issues

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2.5.3. Calculation for environmental compensation

The unit is discharging treated and untreated effluent in to natural drain that reaches the Rihand reservoir. During the earlier visit also the ETP was found nonfunctional. Hence, environmental compensation is being calculated based on 'Polluters Pay Principle'. Last one quarter is the period of non-compliance found.

Calculation of Environmental Compensation is as demonstrated below:

EC = PI x N x R x S x LF

= 80 x 92 x 250 x 1.5 x 1

= 27,60,000/-

Where,

• PI = Pollution Index of Industrial sector (Taken as '80' considering 'Red Category')

• N = number of days of violation took place (From 01.08.2021 to 31.10.2021 i.e., 92 days)

• R = A factor in Rupees (taken as '250')

• S= Factor for scale of operation ('1.5' considering scale of operation being 'Large')

• LF = location factor ('1.0' considering population of area being < 1 million)

2.5.4. Recommendations of the Committee

• The unit should ensure continuous operations of ETP. The unit should trap all the bypasses and should ensure that no treated/untreated effluent will be discharged in to the environment.

• The unit can be asked to ensure the proper and regular operation of the water spraying system for effective control of fugitive dust emissions.

• The unit can be asked to strengthen the vigilance mechanism to identify the default transporters and take stringent action against them.

• The unit can be asked to provide effective tyre washing facility for transport vehicles.

• The unit can be asked to ensure proper treatment and disposal of MSW generated in their residential colony.

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• The unit can again be asked to submit the time-bound action plan for compliance with the provision of the Notification of 2009 regarding utilization of 25% fly ash along with Over Burden (OB) for back-filling the abandoned mine.

• The unit can be asked to take corrective action so that the site of CAAQMS could be open from all the direction.

Further, the committee recommends for imposing environmental compensation (EC) of Rs. 27,60,000/- for discharging untreated/treated effluent into the Rihand Reservior.

3. Aluminum Smelter: M/s HINDALCO Industries Ltd, Renukoot, Sonbhadra

3.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

69

3.2. Status of other identified issues S. Issues identified Compliance Status No. (As on 31.10.2021)

a) Control of air pollution during • The transportation of coal is coal storage, handling and mainly done through the road. transportation. During the visit, very high fugitive emission has been observed in the

in CHP area and the measures

taken by the unit are not adequate

to control the fugitive emission in

effective manner.

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3.3. Calculation for environmental compensation

The unit is violating the condition of ZLD since last 11 years i.e. from 2011. However, as the present committee is reviewing the matter for the period starting from 01.08.2021 and hence this date is considered as reference for calculation of period of non-compliance. However, additional environmental compensation can be imposed on the unit for non-compliance of ZLD condition since last 11 years.

The environmental compensation calculated based on 'Polluters Pay Principle' is as demonstrated below:

EC = PI x N x R x S x LF

= 80 x 456 x 250 x 1.5 x 1

= 1,36,80,000/-

Where,

• PI = Pollution Index of Industrial sector (Taken as '80' considering 'Red Category')

• N = number of days of violation took place (From 01.08.2020 to 31.10.2021 i.e., 456 days)

• R = A factor in Rupees (taken as '250')

• S = Factor for scale of operation ('1.5' considering scale of operation being 'Large')

• LF = location factor ('1.0' considering population of area being < 1 million)

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3.4. Recommendations of the Committee

• The unit should immediately take corrective measures to achieve the ZLD. In no case, they should discharge treated or untreated effluent/sewage in the surrounding environment.

• The unit should immediately ensure environment friendly disposal for the huge quantity of bottom ash stored in open inside the plant premises.

• UPPCB can initiate stringent action against the unit for storing a huge quantity of bottom ash in open and also impose the appropriate applicable environmental compensation for the same.

• The unit should ensure the proper treatment and disposal of the MSW.

• The unit should immediately take corrective measures to control the fugitive emission effectively.

Further, the committee recommends for imposing environmental compensation (EC) of Rs. 1,36,80,000/- for not achieving the prescribed ZLD condition and discharging untreated sewage into the environment. Though the unit is not complying the said condition for last 11 years the calculated environmental compensation is only for the limited period of violation (i.e., from 01.08.2020 to 31.10.2021).

4. M/s Grasim Industries Limited Chemical Division, Renukoot, Sonbhadra

4.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

72

action plan by industry to Environmental Compensation of Rs. shift the mercury bearing 155,42,85,300/- i.e. One Hundred brine sludge and the muck Fifty-Five Crore Forty-Two Lac contaminated with EightyFive Thousand Three chlorinated chemicals from Hundred for the noncompliance in the factory premises to the the matter.

TSDF in consultation with • The unit has approached Hon'ble the UP-state Pollution Control Supreme Court for relief and the Board. It may be stated here matter is sub-judice. that storage of hazardous • In addition to above, the unit has mercury bearing brine sludge stored brine sludge in the open pits. and the muck contaminated As per HWM Rules, 2016 the said with chlorinated chemicals waste is categorized as hazardous inside the premises is not waste of category 16.3. permitted by the prevailing • It has been informed that around Hazardous Waste 25000 MT brine sludge has been Management Rules, 2016 sent to TSDF for disposal and they and, therefore, to be shifted are in process to send the remaining to a suitable TSDF 10,000 MT waste.

immediately.

4.2. Status of other identified issues

4.3. Recommendations of the Committee

• The unit should be asked to submit the clarification regarding the discharge of chemically contaminated effluent into the drain. Based on the reply from the unit a suitable environmental compensation can imposed for the said non-compliance.

• The unit should ensure environment friendly disposal of all the brine sludge stored in open pit. The UPPCB need to initiate a required action so that the said Hazardous Waste can be disposed of in environmentally sound manner.

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• The unit should complete the remediation activities in the timebound manner of the area wherein the ash has been dumped.

• The unit can be asked to prepare and execute an action plan to shift the mercury bearing brine sludge and the muck contaminated with chlorinated chemicals from the factory premises to the TSDF in consultation with the UP- state Pollution Control Board.

Further, the committee is in view that an appropriate environmental compensation (EC) for the reported non- compliance can be imposed. If Hon'ble NGT agrees to the same then the EC will be calculated separately after reviewing the explanation submitted by the unit.

5. M/s Birla Carbon India Pvt Ltd, Renukoot, Sonbhadra

5.1. Compliance status of action points identified by the oversight committee.

5.2. Recommendations of the Committee

• The unit should keep strict vigilance on the area from where the effluent was earlier reaching outside the plant boundary.

6. Stone Crusher

6.1. Compliance status of action points identified in Hon'ble NGT orders and additional issues identified by earlier oversight committee.

74

causes a health hazard. visit. Intentional nonoperation in Most of the crushers are view of the visit of the committee located in habited area or cannot be ruled out. very near to the roads/ • The majority of stone crushers highways. All such stone have installed infrastructures like crushers which are not enclosures around the crushers, suitably located as well as water sprinkling arrangements which do not have adequate along the boundary wall, and cloths pollution control systems at the falling points. However, all should be immediately these are poorly maintained and closed. Relocation of stone seem to be occasionally operated, crushers may also be due to which thick deposition of explored. dust on tree leaves and other

infrastructures are clearly visible.

Thus, it indicates the irregular/poor

operations of pollution control

systems.

• The committee has also witnessed a very dusty and hazy environment in the area while traveling on the nearby highway on other days.

• It has been informed that UPPCB has issued notice to the 30 stone crushers for violating the Norms.

6.2. Recommendations of the Committee

• Considering the status of huge dust emission in the area wherein this stone cluster is situated the committee recommends that the UPPCB should initiate stringent action against the defaulter units.

• In-addition, continuous monitoring through drone camera survey needs to initiated on priority for ensuring the monitoring and identification of the defaulters.

• At least one CAAQMS has to be installed in the area for continuous monitoring of the Ambient Air. The capital and operational cost can be recovered from the stone crusher units on 'Polluters Pay Principle'. Till such time CAAQM is established and made operational, parodic manual monitoring of AAQ be initiated by UPPCB to have representative status.

• As there is no improvement found in the status of the air pollution, the committee has recommended that the district administration and UPPCB should explore the option of closure and relocation on a priority.

7. Pollution Control Board and MoEF&CC S. Issues identified in Compliance Status No. Hon'ble NGT (As on 31.10.2021) Order/Oversight

Committee

75

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stations. Besides mercury in surface and ground water should also be monitored manually once in three months.

8. District Administration of Respective States

77

Aditya Birla Chemicals, Renukoot and 69,09,000 had been made to Central M/s Hindalco Industries, Renukoot. Since Water and Power Research Station this reservoir is the only drinking water (CWPRS) Khadakwasla Pune source in the area, the reservoir needs Maharashtra for the study. restoration and protection. A •It has been informed that the study comprehensive study needs to be has been conducted and report undertaken to assess the reservoir's water submitted to Hon'ble NGT. and sediment quality and to delineate

water and sediment remediation and

restoration measures on Polluter Pays

Principle. All the streams and nullahs

joining the reservoir need to be intercepted

and diverted to save the reservoir from

further pollution. CSIR-NEERI, Nagpur

and/or CSIR-IITR, Lucknow may be

entrusted with this study for which both

these organizations have the requisite "

expertise.

10. The report of the Oversight Committee headed by Justice SVS Rathore filed on 14.01.2022 mentions the compliance status by TPPs, Coal Mines, Stone Crushers and Statutory Regulators - MoEF&CC, CPCB and State PCB. The status found is reported as follows:

"A. Thermal Power Plants (TPPs) & Industries S. Issues/ Compliance Updated Progress No. Directions by Status

the Hon'ble NGT

1. 100% Partially Except M/s Hindalco industries, Renusagar and Renukoot,

Utilization Complied ash utilization is abysmally low in all the units. Even these

And Disposal two units have not met the norm in Financial Year 2019-20

of Flyash & 2020-21 and 2020-21 & 2021-22 respectively. The unit wise utilization details are given in the following table:

Table TPPs/Industries Year Total Ash Total Ash Disposal Ash Generated Utilized in ash Utilization (in Lac MT) (in Lac pond (in %)

MT) (in Lac

MT)

M/s UPRVNL 2019-20 36.24 1.41 34.83 3.69%

Anpara 2020-21 33.61 9.19 24.42 27.34%

2021-22 17.61 0.70 16.46 3.97%

(Upto Sep.,

2021)

M/s Obra 2019-20 11.14 0.86 10.28 7.71%

Thermal Power 2020-21 14.09 0.80 13.28 5.73%

Plants 2021-22 7.13 0.36 6.77 5.04%

(Upto Sep.,

2021)

M/s Lanco 2019-20 15.77 3.58 12.19 22.71%

Anpara Power 2020-21 17.49 2.95 14.54 16.88%

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Ltd., Anpara 2021-22 8.57 1.09 7.48 12.70%

(Upto Sep.,

2021)

79

80

a. M/s Jai Bricks, Pipri, Anpara (20.11.2018) to take upto 200 MT/month of flyash.

b. M/s Birendra Singh Inta Bhatta, Auri More, Anpara (20.11.2018) to take upto 200 MT/month of flyash c. M/s HIBA Infratech, Auraiya (18.08.2021) to take upto 200 MT/month of fly ash for the period 01.09.2021 to 31.8.2022 d. M/s KS Enterprises, Lalganj, Mirzapur (20.09.2021) to take upto 5000 MT/month of fly ash for the period 20.09.2021 to 19.09.2022. However, no ash has been lifted by the above first three units till Sep., 2021

5. Letters dated 07.02.2019 and 08.07.2021 were sent to the Regional office, NHAI, Varanasi for entering into an MoU to take fly ash for road construction projects. Response is still awaited.

Partially M/s NTPC Rihand Complied 1. It is presently manufacturing ash bricks through 02 fully automatic ash brick plants. Approx. 1206 MT flyash has been used to manufacture 5.32 Lacs

bricks/month. These bricks are utilized in the Plant, townships and ash dykes.

2. To promote the offtake of dry fly ash, the Plant has procured 03 Bogey Tank for Alumina Powder (BTAP) rakes for transportation of fly ash. Till 30.09.2021, approx. 81,000 MT of fly ash has been transported to the cement plants.

3. It has given permission to M/s ACC Ltd. for transportation of fly ash in 10 rakes of tarpaulin covered BOXN wagon. Out of 10 rakes, 5 rakes have been dispatched to different cement plants of ACC Ltd. Similarly, 2 rakes have been sent to Dalmia Cement Plant, Nagoan, Assam.

4. 03 MoUs have been signed with NHAI- Varanasi for the supply of approx. 06 Lac CuM of pond ash (NH-56, NH-29 and bypass road project Varanasi). Approx.

4.22 Lac MT of pond ash was lifted by NHAI during 26.06.2020 to 30.09.2021.

5. It has requested NCL authorities on 05.08.2020 for allocation of mines for backfilling of abandoned coal mines but no mines have been allocated to it till now.

Partially

Complied M/s NTPC Shaktinagar

1. Ash filling in abandoned stone quarries having 60 Hectare area located at Billi, Markundi has been offered on lease basis and the NTPC is the getting the feasibility assessment done.

2. It has installed 05 semi-automatic fly ash brick plants and 02 old brick machines have been replaced with new brick

81

machines. Presently 4.5 lac/month bricks are being manufactured.

3. It has signed a contract with NHAI for the supply of 11.75 Lac MT Pond ash for road projects. (Supply started on 27.06.2020). Steps are also being taken for finalization of contract for additional supply of 5.2 lac MT of pond ash for Varanasi Ring Road project.

Partially

Complied M/s Hindalco Industries Ltd.,

Renusagar

1. Approx. 34800 MT/month of fly ash & 84000 MT/month of pond ash is being transported through rail rakes and bulkers on continuous basis for its utilization by the following cement & cement sheet making companies a. M/s Hyderabad Industries Ltd., Jaunpur (3000 MT/month of fly ash, for the period of 01.05.2020 to

30.04.2025)

b. M/s Prism Cement, Satna (13500 MT/month of fly ash, for the period of 01.05.2019 to 30.04.2024)

c. NU Vista Ltd., Bihar (7800 MT/month of fly ash, for the period of 01.09.2019 to 31.08.2022)

d. M/s Kanodia Infratech Ltd.., Bihar (10500 MT/month of fly ash, for the period of 01.12.2019 to 30.11.2024) e. M/s ACC Ltd. Tikariya Sultanpur (U.P.) (4000-8000 MT/month of pond ash, for the period of 01.08.2021 to

01.08.2022)

f. M/s Shree Cement, Bihar (60000 to 80000 MT/month of pond ash, for the period of 01.08.2021 to 31.07.2022) g. Fly Ash Movers Ltd., Satna (4000 to 8000 MT/month of pond ash, for the period of 01.09.2021 to 31.08.2022)

2. Approx. 4030 MT/month of flyash is used for bricks manufacturing at their own Brick making plant at Renusagar and for supply to other brickmaking units viz. M/s Bharat Hume & Pipe, Karhiya Sonbhadra & M/s Puja Industries Bhairwa Sonbhadra.

3. Approx. 19786 MT/month of ash is supplied for road projects of Varanasi.

Partially M/s Hindalco Industries Ltd., Renukoot Complied 1. The preliminary assessment of site suitability study of an abandoned quarry in Dalla region by M/s Genstru, Pune has been completed. The final report is awaited.

2. Approx. 9930.02 MT/month of fly ash is being transported through bulkers on a continuous basis for its utilization by the following cement-making companies a. M/s Tabsio Infratech- 79.03 MT/month b. M/s Eco Cement - 747.00 MT/month c. M/s Diamond Industries- 280.65 MT/month

82

83

Partially 1. It has got the design and

Complied drawing of raising of ash dyke prepared by IIT-Roorkee. The

first raising work of ash dyke

has been completed and the 2^nd

raising work has been started

from October, 2021. As per the

report of IIT-Roorkee, the ash

dyke is structurally safe, sound

and sustainable and there is no

chance of breach.

2. In order to maintain zero

discharge from ash dyke, all

the systems i.e., ash slurry

pump, seepage of the ash dyke

and Ash Water Recirculation

System (AWRS) are functioning

properly and its regular

maintenance work is being

done. AWRS also facilitates

recirculation of ash pond water.

3. The unit is yet to install flow

meters to measure the quantity

of ash slurry disposed in the

ash dyke and the amount of

water recycled from the ash

pond.

Partially M/s Lanco Anpara Power Ltd. Complied 1. The AWRS is fully

functional and flow meters

in all three lines have been

installed on 05.12.2021.

2. Regular monitoring is

being done to keep ash

dykes in proper condition

to avoid any overflow.

NTPC Rihand Partially 1. Ash dyke has been constructed

Complied with approved engineering

design provided by the

Corporate Centre. Third party

assessment of ash dyke is

being done by IIT-Roorkee.

2. It has awarded the ash dyke

stability study to IIT-

Hyderabad for the year 2021.

Two visits of experts (in

Feb.,2021 & July, 2021) for

dyke stability assessment have

been done and their report is

still awaited.

3. Flow meters are installed.

During April, 2021 to Sept.,

2021, approx. 17016721 KL of

ash slurry has been discharged

and out of that 15388800 KL

water has been recycled

through the AWRS

M/s NTPC Shaktinagar Partially 1. Regular monitoring is being done to

Complied keep ash dykes in proper condition to

avoid any overflow.

84

85

unloading. No transportation of coal being done through road. The unit has installed water sprinklers in coal storage area and dust suppression system at loading- unloading points.

M/s Lanco Anpara Power Ltd.- About 70% of coal is transported through railway rakes and the rest 30% is transported through tarpaulin covered trucks. Sprinkling of water on the road is also being done. The unit has installed water sprinklers in coal storage area and dust suppression system at loading-unloading points.

M/s NTPC Rihand-

1. It is transporting 100% coal from the linked mines of Northern Coalfield Ltd. (NCL) through Merry-Go-Round (MGR) railway system and a covered shed is provided for unloading of coal.

2. Water sprinklers, dust and dry fog dust suppression systems have also been installed and the same are operational in the CHP.

3. Installation of cold fog dust suppression system is proposed in Stage-I system. Notice Inviting Tender has been issued for the same and the system is expected to be

commissioned by Dec., 2022.

M/s NTPC Shaktinagar:

1. It is transporting 100% coal from the linked mines of NCL through MGR railway system and unloading takes place in a covered shed.

2. Water sprinklers in the coal storage areas and dust suppression systems have also been installed and the same are operational.

3. The fugitive emission is in the range of prescribed norms. The unit is in process to further improvise the condition by installing a fog system.

4.

M/s Hindalco Industries Ltd., Renusagar:

1. The industry is transporting approximately 80% of coal through BPC and the balance of 20% is transported through tarpaulin- covered trucks.

2.

3. It has installed a belt pipe conveyor (BPC) system (4.65 km) from the Krishnashila coal mine for coal transportation.

4.

5. Fugitive emission of dust is being controlled by the Dust Extraction System installed at the coal discharge point and conveyors. Rain guns are installed in the yard periphery and are

operational for controlling dust in the coal Storage area. Stacker mouths discharge

86

87

88

89

Station (CWPRS) Khadakwasla, Pune,

Maharashtra, which has been engaged by

the Irrigation Department, UP for this

study. Study work has been reported to be

delayed due to COVID-19. Further

information in this regard is awaited from

Executive Engineer Rihand Dam, Civil

Division, Pipari.

9. Ambient Air Partially Anpara TPS has installed 03 CAAQMS for quality around Complied ambient air quality monitoring at 03 Anpara TPS different locations. All are working properly and are linked with the CPCB server. The status of the Ambient Air Quality at these locations is as follows:

a. The concentration of PM10 exceeded the standard limit of 100 µg/Nm3 in the

month of January to June, 2021 and

Nov., 2021 for Anpara Colony near Auri

More

b. The limit was exceeded in Anpara

Admin Building near Bajrang Nagar for

the months of January to May, 2021

and Nov., 2021.

c. At Anpara DTPS Admin Building near

Coal Handling Plant (CHP), the

concentration of PM10 was high in the

months of January, March, April, May,

September and November, 2021. (Refer

Appendix- I)

10. CAAQMS Complied Name of Industry No. of

installed by CAAQMS

TPPs in installed

Sonbhadra M/s UPRVUNL Anpara 01 M/s UPRVUNL Obra 03

M/s NTPC Rihand 03

M/s NTPC Shaktinagar 02 M/s NCL Khadia 01

M/s NCL Bina 01

M/s NCL Kakri 01

Hindalco Industries Ltd., 01 Renusagar

Hindalco Industries Ltd., 01 Renukoot

M/s Lanco- Anpara Power

01

Ltd. All the CAAQMS are using four parameters viz SO2, NOX, PM10 and PM2.5 to assess the air quality. The details of the Air Quality for Sep., 2021 regarding the above mentioned TPPs/industries are enclosed as Appendix- II.

11 Continuous Complied M/s Anpara TPS operation of

ESPs 1. During the period from July to Sep.,

and 2021, 11 SMS alerts were generated.

installation of 2. Stack Emission: Due to shut down of

OCEMS units, ESPs went out of order, changes

connected in the ESP field and coal mills, soot

with the blowing, load variation etc. occurred.

CPCB/SPCB Immediate action was taken to

server normalize the plant and to lower down

the PMvalue of Unit No 1, 2, 3, 4, 5

90

below 100 mg/Nm3 & 6, 7 below 50

mg/Nm3.

M/s Obra TPS Complied Electronic Precipitators (ESPs) have been

upgraded and their effective functioning is

being ensured. OCEMS is installed in all

the operational stacks and connected with

the CPCB server for online monitoring of

data. During the period from July to Sep.,

2021, 39 SMS alerts were generated. PM

level is being maintained within the

prescribed limit of 100 mg/NM3

M/s Lanco Anpara Power Ltd. Complied Effective operations of ESPs are ensured.

OCEMS is installed in all the operational

stacks and connected with the CPCB

server. During the period from July to Sep.,

2021, no SMS alerts were generated. The

unit has stated that PM level is within the

prescribed limit of 50 mg/NM3.

NTPC Rihand Complied 1. It has installed 06 ESPs (one for each

unit) and OCEMS in all stacks and

these are connected with the CPCB

server.

2. During the period from July to Sep.,

2021, 119 SMS alerts were generated.

3. The alerts appeared on few occasions

in EQMS due to technical problems in

the sensors of the monitoring

equipment. It has been reported by the

unit that the actual quality of the

treated effluent was always well

below the prescribed limits.

4. The PM alerts mainly appeared in the

OCEMS during unit light-up after shut

down and its stabilization. The alerts

appeared intermittently for a very

short period and not for a long

duration.

NTPC Shaktinagar Complied Effective operations of ESPs are ensured.

OCEMS was installed in all the operational

stacks and connected with the CPCB

server. During the period from July to Sep.,

2021, 242 SMS alerts were generated

M/s Hindalco Industries Ltd., Complied Renusagar

1. OCEMS has been installed on Sep.,

2015 in all the boilers/Stacks & ETP.

The emission level is well within

prescribed limit of 100 mg/NM3.

2. During the period from July to Sep.,

2021, 27 SMS alerts were generated for

which the industry has replied to the

CPCB.

M/s Hindalco Industries Ltd., Complied Renukoot

1. The unit has installed OCEMS and ESP

in 04 boilers which are connected with

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92

NTPC Shaktinagar: 06 RO Plants have

Not been installed near the plant area and it is

Complied also supplying drinking water in steel

tankers in village Paraswar Raja

M/s Hindalco Industries Ltd.,

Renusagar: No RO plant has been

Complied installed. Drinking water is supplied

through pipeline from Renusagar to

Garbandha & Partaliya villages.

M/s Hindalco Industries Ltd., Renukoot: It has installed 13 RO Plants in

Complied Kushma & Kirvani villages and is

providing pure drinking water since Jan.,

2015. It is also supplying drinking water

through stainless steel tankers to the

villages.

M/s Grasim Industry, Renukoot: It has

installed 04 RO Plants of 5000 litre/hr

Complied capacity in Khairahi- 1 & 2, Gambhirpur, Kushmaha- 2 villages and all are

operational.

B. Coal Mines of M/s Northern Coalfields Limited (NCL)

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3. Co ntrol of Air Partially NCL Krishnashila Project Pollution during Complied 1. Till Sep,2021 40% of coal is transported Through rail;

coal storage, 44% through Belt Piped Conveyor (BPC) and the

handling and remaining 16% through tarpaulin-covered trucks.

transportation 2. The 4 MT/annum Coal Handling Plant (CHP) is operational. It is equipped with a silo for the rapid loading of coal onto railway wagons. Throughout the length of the CHP, a cold fog dust suppression system has been provided. The road from coal yard to weighbridge is sprayed with a permanent sprinkling system, while the remaining area is sprayed with 10 mobile water sprinklers (4 with total volumetric capacity of 28 KL and 06 with capacity of 12 KL) and 01 truck-mounted mist gun.

3. Dust survey is conducted on regular basis. 18 CCTVs have been put throughout the mine to Monitor the operations, dust suppression

systems and sprinkling frequency.

NCL Khadia Project:

1. Till Sep,2021,70.70 % of coal has been transported through rail and 29.30 % through tarpaulin-covered trucks.

2. It has installed 02 CHP having capacity of 4 MT/annum and 6 MT/annum through which coal is being transported through Merry-Go-Round (MGR) (rail transport). For further increment in the dispatch capacity through rail mode, a wharf wall (railway siding) of 4 MT/annum was expected to be made operational by Dec, 2021.

3. Mobile water sprinklers are deployed on haul roads.

4. Dust extraction system is operational in the Coal Handling Plant (CHP-Phase-1).

5. Fixed sprinklers around coal yard-1.

6. Drills are provided with dust extractors.

7. Approach road to mines is covered with blacktopping.

8. Wetting of Run-of-mine (ROM) coal before crushing in the CHP is done through automatic water sprinklers installed at the receiving pit.

9. Routine maintenance and periodic overhauling of Heavy Earth Moving Machinery (HEMM) is being done.

10. Thick green belts around the mine and colony are maintained.

11. Vegetative covers provided on the non-active OB dump.

12. For continuous monitoring of particulate matter (PM) levels in the air, it has established one Continuous Ambient Air Quality Monitoring Station (CAAQMS) linked with the CPCB server.

13. Truck-mounted mist spray machine and road sweeping machine has been installed (date not revealed).

14. Water sprinklers and dust extraction system at the CHP receiving Pit Phase- I has been renovated.

15. Approx. 2 km WBM haul road for prevention of fugitive dust emission has been constructed.

16. Fixed fogging machine near the coal yard to control dust emission has been installed.

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17. Biological reclamation through the plantation on 20 hectares dump slope and grassing on the area beside it has been done.

NCL Kakri Project

1. Till Sep., 2021, 57.66% of coal is transported through rail and 42.34% is transported through tarpaulin-covered trucks.

2. Dust Suppression system is installed in coal loading silo area, loading and unloading point at the CHP. Coal Stockyard is sprinkled through a firefighting truck. Water sprinkling on haul roads is being done through water tankers.

NCL Dudhichuwa Project

1. Till Sep, 2021, 86.28% of coal is transported through rail and 13.72% through road. Pipe Conveyor transportation is used for internal transportation from CHP to Silo loading of railway wagon.

2. 06 tankers with total volumetric capacity of 70KL, 03 tankers of 28 KL & 04 tankers of 22KL are deployed for dust suppression in haul road and coal yard.

3. 02 road sweeping machines are deployed for sweeping the colony and industrial road.

4. 02 truck-mounted fogging machines are deployed in the mine and colony for suppression of dust.

5. Installation of 01 fixed fogging guns at Warf Wall Siding is in progress.

NCL Bina Project

1. Approx. 85.22% of coal is transported through rail and the remaining 14.78% of coal is transported through road by tarpaulin-covered trucks.

2. Fixed sprinklers were fitted at the CHP in August,

2021.

3. 02 fixed fog canon machines with a throw of approx. 100 m were commissioned in September, 2021.

4. Fixed sprinklers were installed on transportation road of 1.5 km length.

5. 02 truck-mounted fogging machines are operational.

6. 01 truck-mounted road sweeping machine is operational.

7. Mistspraying arrangements in the CHP, crusher & all transfer points have been made.

8. 17500 saplings planted within the premises in the year 2020-21.

9. 15 mobile water sprinklers are working.

10. All drill machines are provided with cyclone dust separator & dust guards.

11. One surface miner has been procured to control dust due to drilling & blasting.

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6. Fi re due to coal Complied NCL Krishnashila Project: It has been informed that

overburden/ reject there has never been an incidence of fire due to coal overburden. The coal yard has sufficient number of fire hydrants to meet any such eventuality. The stock of coal (presently approx. 9000 Ton) is also kept at low height for better air circulation.

NCL Bina Project: Fire in the coal reject storage generated from Deshaling plant has been extinguished completely.

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C. Stone Crushers S. Issues/ Directions Compliance Updated Progress No. by the Hon'ble Status

NGT

1. All stone crushers Partially In the operational 279 stone crushers, closed metal

in The Singrauli Complied sheet enclosures have been installed at all the dust

area Have not emitting points and water sprinkling systems are also

taken Adequate installed for dust suppression. As per information given

pollution control by the RO, Sonbhadra, the environment is very dusty

measures as the and hazy in the area where stone crushers are situated.

level of air This indicates that the several stone crushers are not

pollution in the operating the water sprinkling system and air pollution

vicinity of the stone control systems effectively.

crusher is high and

causes a health No information has been submitted regarding the air

hazard. Relocation quality either by the industries or by the UPPCB.

of stone crushers may also be

explored.

2. Status of 384 stone Partially crusher units Complied established in

Sonbhadra Total no. of Stone Crusher Units 384

identified Total no. of Stone Crusher Units has 269

installed proper APCS & have CTO from

UPPCB

Total no. of Stone Crusher Units 01

Applied for CTO Total no. of Stone Crusher Units which 76

have not installed proper APCS & are

sealed Total no. of Stone Crusher Units is not 38

in working condition/not applied for CTO/Self- closed/ Dismantled

D. UPPCB, CPCB & MOEF&CC

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2. A t least three continuous Partially 1. Mercury monitoring in the ambient air, soil &

Monitoring systems for Complied groundwater in the area is being done by the

mercury (Hg) monitoring NEERI, Nagpur.

in the ambient air should 2. The assessment of mercury bearing sludge,

be installed at suitable ground water and soil around

locations In Singrauli The secured landfill (SLF) sites of Chemical

area by the industries on Division, Grasim Industries Ltd., Renukoot,

Polluters Pay Principle. Sonbhadra done by the NEERI, Nagpur in the

Besides this, mercury in year 2019 revealed that mercury was not

the surface and leaching from the SLF and not contaminating

groundwater should also the groundwater. (Refer Appendix- IV)

be monitored manually once in three months.

Recommendations

1. Majority of the Thermal Power Plants (TPPs)/industries located in Sonbhadra district of UP are not utilizing/ disposing 100% fly ash as per the CPCB guidelines. From the aforementioned progress report, it appears that these TPPs/industries have taken certain measures but their adequacy for 100 % utilization/ disposal of fly ash cannot be ascertained for want of relevant information not forthcoming from these TPPs/industries in spite of repeated reminders. The TPPs/industries may be directed to submit its action plan along with quarterly progress report to the Oversight Committee for purposeful and objective monitoring and rendering effective assistance to the Hon'ble NGT.

2. As per the direction of the Hon'ble NGT, the CPCB was required to notify the list of abandoned mines/quarries for being used by the TPPs/industries but from the information received from these TPPs/industries, it appears that no such list has been notified by the CPCB as yet. The CPCB may be directed to notify the same at the earliest.

3. The filling of abandoned coal mines and stone quarries is a key avenue for ash disposal, but there is a substantial delay in processing the requests of the TPPs/industries

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owing to the necessary conditions of repeated inspections, studies and approvals by different authorities which take a very long time. There is an urgent need to simplify this procedure. For this purpose, a Committee may be constituted under the Chairpersonship of the District Magistrates and all the district level officers of concerned departments as well as Heads of the stakeholder units as members, who should deliberate on this issue and submit its report to the respective departmental heads in the State and the Central Government for revision of the procedure. All the guidelines should be oriented towards giving single- window clearance in a time-bound manner from the district level.

4. The quarterly progress report of the Joint Committee comprising of the MOEF&CC, CPCB, IIT Roorkee and any other member considered necessary for enhanced utilization of fly ash in various sectors viz., mines, roads, cement, industries and bricks etc. along with its implementation status may be shared with the State and District Level Committees and all stakeholders as well as the Oversight Committee for increasing awareness about the possible alternative uses of flyash.

5. The UPPCB had imposed Environmental Compensation (EC) on the TPPs/industries erring in achieving 100% fly ash utilization for the year 2019-2020. But no information has been provided about any such action being taken by the UPPCB against the continued violation of the Environment Protection (EP) Act and related rules/guidelines by the TPPs/industries. It is pertinent to mention that the Hon'ble Supreme Court has stayed the realization of EC but not granted them immunity from continued violation of the law. Therefore, the UPPCB may be directed to discharge their statutory responsibility in its letter and spirit until these TPPs/industries fully comply with the Environmental Laws in respect of 100% utilization/disposal of fly ash.

6. The TPPs/industries may be directed to share their action plan for protecting the environment as approved by the CPCB to the Oversight Committee along with the quarterly progress report for ensuring timely implementation of the same with a view to save the environment from further deterioration and provide a dignified healthy living to the local people.