ToxicsWatch
Alliance
To
Shri Prakash Javadekar,
Union Minister
of Environment, Forests & Climate Change
Government of
India
New Delhi
May 14, 2015
Subject- Delhi’s
Okhla area awaits 1984 industrial disaster like fate due to unapproved Chinese technology
Sir,
This is to draw your immediate attention
towards the case of a Dioxins and heavy metals emitting unapproved Chinese
incinerator technology based municipal solid waste (MSW) to energy plant of
Timarpur-Okhla Waste Management Co Pvt Ltd (TOWMCL) of M/s Jindal Urban
Infrastructure Limited (JUIL), a company of M/s Jindal Saw Group Limited which
faced 28 dates of hearing in Writ Petition No. 9901 of 2009 at Hon’ble Delhi
High Court and is currently pending before the National Green Tribunal (NGT)’s
bench headed by Justice Swatanter Kumar since February 2013. The case is named Application No. 22 of 2013 in NGT. The
matter came up for hearing yet again for the 21st time on
12th May, 2015. By an earlier order of 7th May, 2015, NGT
had cancelled the scheduled hearing. This case has been replete with such
cancellations both in Hon’ble Court and the NGT while residents of Delhi’s
Okhla locality await relief and justice.
I submit that in the immediate aftermath
of industrial disaster of 1984, it was promised by the then Hon’ble Prime
Minister that hazardous industrial units will not be set up in residential
areas. This case shows how that promised has been breached in violating of all
the existing rules, regulations and Hon’ble Supreme Court’s orders with
impunity. The case also shows how even the institutions which allowed this
plant to come up in the first place have found its performance deeply
problematic.
I submit that
the attached Show Cause Notice
issued to the plant of Jindal’s TOWMCL reveals unambiguously that the its Consent
to operate under Air (Prevention and Control of Pollution) Act, 1981 &
Water (Prevention and Control of Pollution) Act, 1974 granted by Delhi
Pollution Control Committee (DPCC), which exercises the delegated powers of
Central Pollution Control Board had expired on 20th March, 2013. The
plant is operating without the same since then. But DPCC has failed to order
its closure despite such blatant violation of law. Even NGT has not done
anything to ensure closure of the plant till date. It is evident that rule of
law has lost its meaning in the matter of this plant. It is apparent that the
regulatory agencies and NGT might is dwarfed by the tremendous influence of the
company in question. As per the website of TOWMCL, it is claimed that the plant
received Consent to operate on 21st December. 2011. The fact is that
the plant is operating without consent to operate since 2013.
I submit that as
per the attached official document of
DPCC on the subject of “Status of Okhla Waste to Energy plant by
Timarpur-Okhla Waste Management Co Pvt Ltd” (TOWMCL) as on 16th
April, 2015. The plant of TOWMCL is operational. It is processing 1950 MT of
waste and generating 16 MW of power. The report mentions that the plant was
supposed to use RDF technology but refrains from mentioning that it is using an
unapproved Chinese technology brought to light by the CPCB committee report
prepared pursuant to 22th March 2011 dated order of the Shri Jairam Ramesh, the
then Union Minister of Environment & Forests. This led to the official recognition
of deviations from approved technologies.. The Chinese
technology provider is from Hangzhou New Century Company Ltd of Hangzhou Boiler
Group. The
High Powered Technical Experts Evaluation Committee of CPCB in its 31 page
report on the Timarpur-Okhla Waste to Energy Incinerator Plant brought to light
the illegalities committed by Jindal’s TOWMCL. The report was communicated on
March 22, 2012. This report is based on three meetings of the Technical Experts
Evaluation Committee held on April 26, 2011, August 11, 2011 and September 22,
2011 under the chairmanship of Chairman, CPCB.
I submit that substitution
of technology is prohibited under the provisions of the Environmental Clearance.
It is deemed dangerous to according to a report of CSIR-National Environmental
Engineering Research Institute (NEERI).
I submit that the representatives of GTZ (German Technical
Cooperation) led by Dr. Juergen Porst, Senior Advisor stressed the need for a
Disaster Management Plan in the very first meeting of this CPCB Committee,
which is annexed to the CPCB's report. This finds reference in the minutes of
the meeting annexed with the report. It underlines the possibility of disaster
from the Timarpur-Okhla Waste to Energy Incinerator Plant, which is situated in
a residential area. It is noteworthy that a hazardous plant in Bhopal's
residential area that led to world worst industrial disaster in 1984 also did
not have any disaster management plan. This report made a shocking revelation
that although Hon’ble High Court has been hearing the case since 2009, the
project proponent did not inform the court about gross deviations from the
project design plan envisaged in the EIA report. As per the minutes of the
second meeting of this committee, non-cooperative approach of the senior
officials of Timarpur-Okhla Waste to Energy Incinerator Plant was “condemned”
on 11th August, 2011. Representatives of GTZ underlined that there
was lack of transparency with regard to environmental and health impact on the
neighborhood residents. It was also noted that the fugitive emissions and the
expected emission of Dioxins and Furans has not been quantified. The
characteristic of ash and required standards was not mentioned. Prof. T R
Sreekrishnan, Department of Biochemical Engineering and Biotechnology and a
member of the Committee stated that disposal option for incineration instead of
bio-methanation proposed for green waste is in violation of what was mentioned
in the EIA report of the company in question.
I submit that all
subsequent reports by subordinate officers of Chairman, CPCB are subservient to
this report of the High Powered Technical Experts Evaluation Committee headed
by Chairman, CPCB. This report revealed how illegal Chinese boilers are being
used without any approval in Delhi’s Okhla Waste to Energy project. The technical
review by CPCB committee admitted that efficacy of reciprocal stoker type
boilers (in place of RDF) "is not known for Indian conditions and requires
to be verified." There is a
compelling reason for treating this report as the main report of CPCB.
I submit that despite
its limitations the fact remains that DPCC’s status report dated 16th
April, 2015 states, “…in case the Project Proponent (Jindal’s TOWMCL) found
defaulting in compliance of the direction of Tribunal, the Tribunal would be
compelled to direct the closure of this industry.” The DPCC concludes that
“directions u/s 31 (A) of the Air Act, 1981 was issued on 03.07.2014 and
simultaneously show cause notice was issued for refusal of consent under Air
& Water Act and authorization under MSW Rules. The Project Proponent has
filed statutory appeal against the directions dated 03.07.2014 before the
Ministry of Environment & Forests, Government of India. The appeal was
listed for 27.02.2015 and the same is pending. The matter is to be listed for
final hearing and the next date of hearing is yet to be notified.” It is
apparent that even DPCC was waiting for NGT to hear the matter on 7th
and 8th May, 2015 after CPCB filed its inspection report.
I submit that
the Environmental Clearance (EC) which has been amended several times was given
to the plant of Jindal’s TOWMCL. is the legacy of Shri A Raja years in the MoEF
and Shri Rakesh Mehta years in Municipal Corporation of Delhi and Government of
NCT of Delhi.
The ToR given by
MoEF’s Experts Appraisal Committee to the project in question specifically
demanded “Disaster Management Plan” but the High Powered Committee constituted
by the then Union Minister of Environment & Forests headed by Chairman, CPCB
observed in its report that this plan has not been prepared. It condemned the
non-cooperation by the company. This committee noted that this plant is
operating in violation of Municipal Solid Waste (Management & Handling) [MSW]
Rules, 2000. It came to light from the observation of Shri A B Akolkar from
CPCB.
I submit that
this Petition reached NGT upon transfer from the Hon’ble High Court of Delhi at
New Delhi in view of the terms of the order dated 23rd January,
2013. This abrupt transfer was one of the most bizarre acts of the judiciary
given the fact that the case in question was at a very critical stage before
the Hon’ble Court. In fact the transfer happened at the eleventh hour and at
the penultimate stage of hearing.
I submit that by
an order of 6th April, 2015, NGT directed, “In the interest of justice , we grant
last opportunity and we make it
clear that if the Applicant do not
argues on the next date of hearing ,
we shall proceed with
the matter in
accordance with law. List this
matter for arguments on 7th and 8th May, 2015.” and had cancelled scheduled
hearing of 6th and 7th April, 2015. On 11th
May, 2015, it ordered that it will hear the matter on 12th May,
2015. It is evident from NGT’s own order that it did not proceed after granting
the “last opportunity” despite explicitly promising that it would do so.
I submit that the
NGT’s order dated 5th March, 2015 had noted that of “the report of
the Joint Inspection Team” consisting of representatives of Ministry of Environment
& Forests (MoEF), Central Pollution Control Board (CPCB) and Delhi
Pollution Control Committee (DPCC). NGT had
allowed “Two of the
representatives of the Applicant” to “be associated with
inspection team and
are permitted to
take the photographs.” NGT had observed, “This shall
be a final report,
which we are directing
to be filed
before the Tribunal.” It had also sought report on
whether “the Project Proponent (Jindal’s TOWMCL) is operating within the framework of the Environmental Clearance.” NGT’s
order dated 12th November 2014 reads, “We also
direct the inspecting
team to record
its findings as regard
the compliance of
the terms and
condition s prescribed for
the consent to operate
and Environmental Clearance granted to the Project Proponent.” By
its order dated 18th December, 2014, NGT had given “four weeks” time
for the report to be filed before it. But it was not done and this deadline was
not complied with. NGT had fixed 12th February, 2015 as the date for
“final hearing.” The report was received on 4th March, 2015 by the
Applicant, the Sukhdev Vihar Residents Welfare Association following which NGT
had fixed 6th & 7th April, 2015 for arguments. But the “final hearing” is yet to happen.
I submit that
NGT’s order dated 6th August, 2014 observed, “A Learned Counsel
appearing for the CPCB submits that she would file the report during the course
of the day. Liberty granted. She
further states that the test
in regard to
Dioxine and Furan
could not be
conducted by the
laboratory of the
Board in as much as
the laboratory was
shut down for
renovation etc. We direct the
CPCB to take the sample and get the
same analyzed either
from its own lab or any
of its recognized
laboratory and place
the analysis Report
before the Tribunal before the
next date of hearing.” The subsequent hearing and orders passed therein
illustrate that the report was not filed as per the promise made and recorded
in the order. This order reveals that CPCB’s laboratory is non-functional. The
order further observes, “The Learned Counsel appearing for MoEF submits
that he would take instruction s from
the Ministry both in regard to the
prescription of standard for PM as well as what is the fate of the Appeal preferred by the Project
Proponent against the direction of the
Board dated 3 rd July, 2014.” It is evident from the order that CPCB has passed
certain order which is adversarial to Jindal’s TOWMCL plant located in Sukhdev
Vihar, Okhla locality.
I submit that in
its very first order dated 11th March 2013, NGT stated, “We may
notice that according to the contention raised by the learned counsel appearing
for the Applicant, even Ministry of Environment and Forests had imposed certain
conditions, which have not been complied with by the Unit and it has breached
number of other obligations upon it.” Despite having taken cognizance of the
breach of law, till date NGT has not provided any relief to the residents of
Okhla area. It had constituted an expert committee to enable it to appreciate
the contentions raised before it. The committee consisted of Member Secretary
of Central Pollution Control Board, Member Secretary of the Delhi Pollution
Control Committee, representative Scientist from the Ministry of Environment
and Forests, a Technical Expert to be
nominated by the Applicant, an Environmental Engineer from the Delhi Pollution
Control Committee and a representative of one of the Respondents. This committee
was supposed to submit its report within two weeks.
In effect, what
the NGT has done between February 2013 and May 2015 is to constitute committees
and wait for their reports even as the residents and birds of Okhla continue to
be engulfed by the toxic ash fall from the highly polluting plant of Jindal’s
TOWMCL. If this is going to be the case, it is better for the Hon’ble High Court
to hear the matter.
I submit that
this case demonstrates that NGT is no better than Hon’ble High Court in terms
of time it takes to decide cases of environmental damage. The comparison
between orders of Hon’ble High Court passed during its 28 dates of hearing and
order passed by NGT unequivocally demonstrates that NGT is worse than Hon’ble
High Court in terms of providing relief to the residents of Okhla. Not only
that, NGT has done erroneous reading of the Hon’ble court’s orders with no
immediate remedy in sight. It is emerging that Hon’ble High Court is more
competent in such matters.
I submit that
NGT’s sensitivity towards the plight of the victims of Jindal’s plant in Okhla
articulated in the petition/application by Sukhdev Vihar residents can be
gauged from its order dated 18th March, 2015 in Original Application
No. 141 of 2014 (Saloni Singh & Anr. Vs. Union of India & Ors). Its
order by NGT bench headed by Justice Swatanter Kumar reads: “We are informed
that Okhla plant dealing with the MSW has a capacity of 2000 MT/day and nearly
1900 metric tonnes of MSW is being processed at the plant everyday. This
practically means that this plant has come to its saturation point. We are also
informed that another MSW Plant of 1350 metric tonnes at Ghazipur is to become
operational from 31st March, 2015. However, it is further informed that it is
only the RDF section of the plant that would become fully operational by that
date. The power generation would become operative by the June, 2015. We direct
that the Authorities shall take all steps within their power to complete this
project as stipulated by June, 2015. This plant should become operative to deal
with 1350 metric tonnes of MSW everyday. The Secretary, Power and Energy
Department, NCT Delhi shall personally be responsible in addition to the high
power officers mentioned above for compliance of these directions. The Railway
and the concerned Corporation shall tie-up with NCT. Delhi and start sanding
their MSW to the Gazipur site w.e.f. 01-04-2015.”
In an apparent
display of its continued ambivalence NGT, in its order in another case titled
Ms. Almithra H Patel Vs Union of India & Others in O.A. No 109 of 2014
opined that WTE plant should be encouraged in view of the fact that it resolves
the issue of non-availability of land and landfill sites, produces energy at
lesser price and also addresses the problem of leachate which contaminates
ground water. It directed all the states and union territories to explore if
MSW could be used in a meaningful purpose by establishing such plants.
I submit that
the global experience demonstrates without any dispute that incinerator based
WTE plants do not resolve the issue of non-availability of land and landfill
sites because disposal of incineration ash into the landfill site remains a
problem recognized under Schedule IV of the MSW (Management and Handling)
Rules, 2000. This experience also shows that energy from municipal waste is not
produced at any lesser price in fact it more expensive. The myth of incinerator
based WTE plant solving the problem of leachate which contaminates ground water
has long been debunked. The existing literature on waste management underlines
that incinerator based WTE plants constitute a meaningless and misplaced
option. The fact is that it is not a solution, it is a problem creator. It
gives birth to the problem of what can deemed as landfills in the sky. It is a
case of putting resources up in flames.
In its presentation
to EAC the Project Proponent of the Okhla had claimed that the fly ash from the
plant will be dumped in Bhatti Mines, a ground water recharge zone. It has now
come to light that it dumping it in Tughlakabad area.
These orders of
NGT reveal that residents of Sukhdev Vihar and other colonies of Okhla is
expected to accept the existence of Jindal’s MSW based plant based on
unapproved Chinese technology and admittedly without any Disaster Management
Plan as a fait accompli. Not only
that the NGT is so convinced about the usefulness of such projects that it has directed
the Authorities to “take all steps within their power to complete” similar
project in Ghazipur “as stipulated by June, 2015.” In fact the Master Plan Report (2020) of Municipal
Corporation of Delhi (MCD) says, “RDF is often an option when emission
standards are lax and RDF is burned in conventional boilers with no special
precautions for emissions.” It is surprising that despite such observation in
the report, NGT recommends RDF based Ghazipur plant and implicitly approves
unapproved Chinese technology for Okhla.
It also
demonstrates that NGT does not have the technical competence for which its
creation was justified.
It is noteworthy that Shri Manish Sisodia, Deputy Chief
Minister, NCT of Delhi inspected the site of Ghazipur’s waste-to-energy plant
to witness its trial reportedly said, "It is undoubtedly expensive but we
need to do such experiments to make Delhi a world-class city. The plant is
ready but not working since some files have been pending in the excise
department. We will get those cleared as soon as possible.” It appears strange
that he is following the footprints of a government whose misplaced initiatives
like these led to it being vanquished. It is hoped that your consideration of
the matter will set matters right.
This order underlines that the NGT has apparently reached its
verdict regarding the fate of Jindal’s plant in Okhla prior to “final hearing”
of the case of residents of Sukhdev Vihar. It seems legal scholars might
categorize such observations as judicial impropriety. This strengthens the
belief in the proceedings of the Hon’ble High Court.
I submit that Hon’ble High Court attempted to bring some relief to the Okhla community
by ordering
immediate closure of biomedical waste incinerator plant Sukhdev Vihar, Okhla in Writ Petition (C) No. 6976 of 2008 in the matter of
Dioxins emitting biomedical waste incinerator in Sukhdev Vihar, Okhla.
Hon’ble High Court judgment is eminently relevant to the case in NGT because
the case was transferred midway from the Ho’ble High Court to the NGT. The
judgment refers to ‘The summary of “Epidemiological Studies on Adverse Health
Effects Associated with Incineration” would show that medical waste
incinerators are a leading source of dioxins and mercury in the environment and
there is link between incinerator emissions and adverse health impacts on
incinerator workers and residents living around the incinerators.’
The observations made in the judgment
will have far reaching implications. It reads: “Both older and more modern
incinerators can contribute to the contamination of local soil and vegetation
with dioxins and heavy metals. In several European countries, cow’s
milk from farms located in the vicinity of incinerators has been found to
contain elevated levels of dioxin, in some cases above regulatory limits.
Increased levels of dioxins have been found in the tissues of residents near to
incinerators in the UK, Spain and Japan. At an incinerator in Finland, mercury
was increased in hair of residents living in the vicinity. Children living near
a modern incinerator in Spain were found to have elevated levels of urinary
thioethers, a biomarker of toxic exposure. “ It notes that “After 2 years of
operation of incinerator, dioxins levels were found increased by about 25% in
both groups living between 0.5 to 1.5 and 3.5 to 4.0 km away (201 people) of
people. In the repeat analysis, the increase was in the range of 10-15%”.
It records that “Mothers living close to
incinerators and crematoria from 1956 to 1993” showed “increased risk of lethal
congenital abnormalities, in particular, spinal bifida and heart defects, near
incinerators: increased risk of stillbirths and anacephalus near crematoria”. With
regard to “Residents from 7 to 64 years old living within 5 km of an
incinerator and the incinerator workers” the judgment observes, “Levels of
mercury in hair increased with closer proximity to the incinerator during a 10
year period”.
The judgment found that “Residents
living within 10 km of an incinerator, refinery, and waste disposal site”
showed “Significant increase in laryngeal cancer in men living with closer
proximity to the incinerator and other pollution sources”. The “Residents living
around an incinerator and other pollution sources” showed “Significant increase
in lung cancer related specifically to the incinerator”. The “People living
within 7.5 km of 72 incinerators” displayed “Risks of all cancers and
specifically of stomach, colorectal, liver and lung cancer increased with
closer proximity to incinerators”. The petition was filed by residents seeking
directions to the authorities and the operator to close down the Common
Bio-Medical Waste Treatment facility operating less than 30 Meters from the DDA
Self Financing Scheme Flats at Sukhdev Vihar and other colonies and burning
12-15 tons of hazardous bio-medical Waste per day injurious to the health and
the life of the 10 lakh public living around it and degrading the environment
for all times to come.
The order observes, “10. In Master Plan
for Delhi, 2021, notified on 07.02.2007, hazardous waste processing viz.
hospital/medical/industrial waste is amongst the industries, manufacturing of
which shall be prohibited within National Capital
Territory of Delhi.” It is not in dispute that Delhi’s municipal waste has
hazardous waste characteristics. It is noteworthy that the biomedical waste
incinerator is located exactly in the vicinity of the residential colonies and
Jindal’s controversial municipal waste incinerator. The Hon’ble Court observed
that “This is a mandatory requirement of the guidelines issued by CPCB, that
such facility should be far away from residential and sensitive areas” The same
holds true for the location of the Jindal’s municipal waste based incinerator
plant. This order of Hon’ble High Court underlines that its approach to
environmental damage is better than that of NGT.
I submit that
the plant in question faces bitter opposition from residents, environmental
groups and waste pickers of Delhi. The plant is just 1.7-km away from the Okhla
Bird Sanctuary. The sanctuary is situated at the entrance of Noida in Gautam
Budh Nagar district of Uttar Pradesh. An area of 3.5 square kilometres on the
river Yamuna was notified as a bird sanctuary by the Government of Uttar
Pradesh under the Wildlife Protection Act, 1972 in 1990. The Jindal’s power
plant is sandwiched between an eco sensitive zone and the residential colonies.
The plant is situated at a distance of less than 50-100 meters from the
residential colonies. This hazardous plant has an adverse impact on a large
number of transcontinental migratory birds that visit the Okhla sanctuary.
Their numbers have decreased over the years. Not only that there is a large
lake which lies sandwiched between Okhla village towards the west and Gautam
Budh Nagar towards the east, the impact of the plant on this water source was
not been disclosed in the Environment Impact Assessment report of the plant.
This plant does not have the required mandatory clearances from the National
Board for Wildlife. The sanctuary is approachable from Mathura Road (NH-2), via
Sarita Vihar going towards NOIDA. The nearest stations of Delhi Metro are
Sarita Vihar and Jasola Apollo metro station. This also reveals that the plant
located in the vicinity of the sanctuary is amidst densely populated
residential area. It is quite disturbing that Okhla’s vegetable market (subzi
mandi) is getting submerged in the ashes which emerge from the plant which is
burning some 2050 Metric Tons of mixed municipal waste which has hazardous
waste characteristics.
It is quite
appropriate that Hazardous Substances Management Division (HSMD), MoEFCC has
framed the Draft Municipal Solid Waste (Management and Handling) Rules to
replace the pre-existing Municipal Solid Waste (Management and Handling) Rules,
2000 given the fact that Indian municipal waste does have hazardous waste
characteristics.
I submit that
this Jindal’s waste based power plant is situated not only in the proximity of
New Friends Colony, Maharani Bagh, Sukhdev Vihar and the business district
Nehru Place - but also several prominent institutions, including hospitals like
Apollo, Escorts and Holy Family. But
disregarding these habitations of birds and humans and a number of binding
guidelines from multiple state agencies and Supreme Court directive, the plant
has deployed unapproved and untested Chinese technology for power generation
from burning the garbage unmindful of its human and environmental cost due to
emissions of pollutants like persistent organic pollutants and heavy metals.
This has serious health and environment implications for the residents of
National Capital Region (NCR) in general and Okhla and NOIDA residents in
particular. Transboundary air pollution from plant is adversely affecting
Delhi’s Okhla vegetable market and UP’s NOIDA areas. South Delhi's residents in
Okhla face toxic dust as Jindal’s waste based power plant in Sukhdev Vihar,
Okhla spews out large clouds of thick emissions. Residents are left choking and
spluttering and suffered severe eye irritation in Sukhdev Vihar which is barely
100 metres from the plant. Much of
Sukhdev Vihar, Hazi colony, Gaffar Manzil and adjoining colonies including
Jamia Milia Islamia and hospitals remains blanketed by soapy brown ash which
had to be cleaned off floors, cars and even trees and shrubbery. The plant is
amidst institutions of national importance like Central Road Research
Institute, Institute of Genomics and Integrative Biology and the Indian
Institute of Information Technology.
Such toxic emissions from the Jindal’s power plant in an ecologically sensitive
area and thickly populated area has become a routine affair with all the
concerned authorities turning a blind eye towards this illegitimate and illegal
act.
This plant has
violated all the rules in the rule book. The polluting potential of a plant
using municipal solid waste as fuel is serious. Emissions include suspended
particulate matter (SPM), sulphur oxides (SOx), nitrogen oxides (NOx), hydrogen
chloride (HCl), and dioxins and furans, the most toxic substances known to
mankind.
I submit that
besides violating all the relevant laws and rules, this plant is violation of
Wildlife Protection Act 1972 creating a compelling reason for the closure of
this plant. The plant
became operational in 2012 but it is using untested and unapproved Chinese incinerator
technology, a fact noted in the report of the Central Pollution Control Board
committee constituted after a delegation had met Shri Jairam Ramesh, the then
Union Minister of Environment & Forests pursuant to his site visit of the
plant. It is noteworthy that the Hon’ble Minister had written to the then Chief
Minister, NCT of Delhi underling that the plant is functioning in violation of
environmental regulations.
I submit that this plant does not have clearance from the
Delhi Urban Arts Commission, which is a mandatory requirement.
I submit that this plant is in a green belt contrary to the
Master Plan of Delhi, in contravention of section 3(2) (v) of the Environment
(Protection) Act, 1986, Rule 5 (ix) of Environment (protection) Rules, 1986 and
Guidelines for Establishment of Industries issued by MoEF.
I also wish to draw your attention towards the ‘White Paper
on Pollution in Delhi with an Action Plan’ prepared by Union Ministry of
Environment and Forests. The White Paper says, “The experience of the
incineration plant at Timarpur, Delhi and the briquette plant at Bombay support
the fact that thermal treatment of municipal solid waste is not feasible, in
situations where the waste has a low calorific value. A critical analysis of
biological treatment as an option was undertaken for processing of municipal
solid waste in Delhi and it has been recommended that composting will be a
viable option. Considering the large quantities of waste requiring to be
processed, a mechanical composting plant will be needed.” The paper is
available on Ministry’s website.
I submit that after the failure of Delhi’s Timarpur waste to
energy plant, Hon’ble Delhi High Court had ordered an enquiry by the
Comptroller Auditor General (CAG). In its annual report dated March 1990, the
Comptroller Auditor General of India (CAG) observed, “The Refuse
Incinerator-cum-Power Generation Plant installed by Ministry of
Non-Conventional Energy Sources in March 1985 remained inoperative since its
installation. The Ministry failed to utilise or dispose off the inoperative
plant and incurred an expenditure of Rs 1.25 crore on maintenance and insurance
of the plant.” The project was scrapped in July 1990. It is germane to note
that Union Ministry of New and Renewable Energy which is now part of Ministry
of Power provides a subsidy of Rs 1.5 crore/MW is distorting waste management
in the country including Delhi.
I submit that as per Hon’ble Supreme Court’s order in the
Writ Petition (Civil) No.888 of 1996 such subsidies are not meant for
incinerator plants like the one in Okhla. Hon’ble Court’s order dated 6th
May, 2005 said, “…we hope that till the position is clear, the Government would
not sanction any further subsidies.” It is noteworthy that on 15th
May, 2007, the Court’s order “permit (s) Ministry of Non-conventional Energy
Sources (MNES) to go ahead for the time being with 5 pilot projects chosen by
them” but it is noteworthy that this refers specifically to bio-methanation
technology. MNES is renamed as Ministry of New & Renewable Energy (MNRE).
It has been revealed through RTI that neither the proposed Delhi’s waste to
energy incinerator projects one of those 5 pilot projects nor is it based on
the recommended technology.
It is apparent
that amendments made in the EC have been made to gain this assistance of Rs 1.5
crore/MW even as the stay by the Hon’ble Supreme Court on sanction of any
further subsidies for projects on energy recovery from Municipal Solid Wastes
continues to be in force, in manifest violation of Court’s order. It is
relevant to take note of an order of Union Ministry of Renewable Energy (MNRE)
order in this regard. It reads: “Projects for power generation from MSW through
a two-stage process involving production of RDF by processing of MSW and it’s
combustion for generation of power are proposed to be taken up in a fast track
mode. …The developers will be selected on the basis of a bid for minimum amount
of financial assistance (or ‘viability gap’ funding) within an overall ceiling
of Rs 1.50 crore per MW.” In the light
of the Court’s order MNRE must be persuaded to withdraw or modify its letter
(No.10/3/2005-UICA) to stop promotion of polluting technologies like
incinerators.
Hon’ble Supreme
Court is quite categorical in saying, “The Committee has recommended that
projects based on bio-methanation of MSW should be taken up only on segregated/uniform
waste unless it is demonstrated that in Indian conditions, the waste
segregation plant/process can separate waste suitable for bio-methanation. It
has opined that there is a need to take up pilot projects that promote
integrated systems for segregation/collection/ transportation and processing
and treatment of waste. In view of the report of the Committee and having
regard to the relevant facts, we modify the order passed by this Court earlier
and permit Ministry of Non-conventional Energy Sources (MNES) to go ahead for
the time being with 5 pilot projects chosen by them, keeping in view the
recommendations made by the Expert Committee and then take appropriate decision
in the matter.” Despite this Delhi Government has erred in supporting illegal
waste to energy incinerators in Delhi which is contrary to the Hon’ble Court’s
order.
But Delhi Government falsely claimed in the Hon’ble High
Court that it was one of the five projects cleared by Hon’ble Supreme Court
leading to dismissal of petition filed by residents but when the Hon’ble High
Court later found to its shock that such a claim was manifestly untrue, the
petition was restored. It was in March 2009 that Writ Petition (Civil) No. 9901
of 2009 which was initially dismissed on 12th August, 2009 because
of misrepresentation of facts by Shri A S Chandiok the then Additional
Solicitor General. Hon’ble High Court later found that it was misled earlier
which had led to it dismissing the petition. The Petition was restored by an
order dated 15th January, 2010. In the presence of Shri A.S.
Chandihok, the bench headed by the Chief Justice, Hon’ble Delhi High Court in the
order observed, “that the project in question” and “the location of the pilot
project in Delhi was neither recommended by the Expert Committee nor approved
by the Supreme Court.”
I submit that Hon’ble High Court on 18th July,
2010 had asked Central Pollution Control Board (CPCB) and the Delhi Pollution
Control Committee (DPCC) to conduct a joint inquiry about India’s first waste-to-energy
plant and file a report on the allegations that it posed health risks to
citizens. The Bench of Chief Justice
Dipak Misra and Justice Sanjiv Khanna ordered, “A joint report be submitted by
the DPCC and the CPCB after an inquiry of the site of the energy plant about
the alleged risks posed to citizens”. In a bizarre case one of NGT’s order in
the case in question relied on reasoning advanced in the dismissal order of
Hon’ble High Court and chose not to take cognizance of the Hon’ble Court’s restoration
of the same case which later admittedly got transferred to NGT. It is also
apparent that NGT is simply repeating the orders given by the Hon’ble Court.
The judicial process in this case at least resembles a treadmill.
It is noteworthy
that Asian Development Bank (ADB)'s Asian
Pacific Carbon Fund (APCF) dropped this waste to energy plant out of its
portfolio amidst controversy surrounding it. In any case it is a misplaced
carbon credit project. It underlines how carbon trade is not part of the
solution but part of the problem.
I submit that Shri Vijay Kumar Malhotra, MP in a letter
dated 27th June, 2008 to the Lt. Governor of Delhi had expressed
apprehension over the location of such a plant in South Delhi. He wrote, “This plant would release various
types of harmful gases which will certainly pose serious health threat to the
lives of surrounding residents.” Shri Subhash Chopra, then MLA Delhi
Legislative Assembly wrote separately to Chief Minister of Delhi and Lt.
Governor of Delhi, Tejender Khanna demanding inquiry into
the toxic flay ash from the Jindal's large plant in a letter dated 27th
December, 2013.
I submit that a bizarre situation has emerged because the
arguments for Refuse Derived Fuel (RDF) incineration technology that was
advanced by the company and the law officers of the previous central and state
governments are no more relevant because the plant is using an experimental
Chinese technology which was never ever mentioned at the time of submitting the
project proposal or in its EIA report based on which a so-called Public Hearing
was conducted in Saket.
I
submit that Parliamentary Standing Committee on Urban Development in its report
submitted to the Parliament in February 2014 recommended that “these kinds of
Waste Incinerator Plants should be stopped in all residential areas in all
metropolitan & Big cities across the country.” The fact remains air
pollutants are passengers without passports.
I wish to inform
you that the ongoing protest rallies and an online campaigns against the toxic,
waste-to-energy incinerator where students are also participating in large
numbers underlines that the operation of Jindal’s waste burning based power
plant is an act of environmental lawlessness in the heart of the national
capital.
I submit that the Inter-Ministerial Task Force on Integrated
Plant Nutrient Management did not encourage Waste to Energy policy and
recommended setting up of 1000 compost plants all over the country in its
report submitted to the Hon’ble Supreme Court and had allocated Rs. 800 crore
for the same. Even Dr A.P.J. Abdul Kalam, the former President
underlined the need for Integrated Zero Waste Management. He illustrated it by
referring to a village of 2,400 families, which generates garbage of over 48
tonnes per year. This garbage is converted into manure and recyclable waste
generating over Rs 3 lakh in revenue. This scheme provides employment to people
of the Panchayat. Such measures promote sustainable development as against the
current trend of introducing failed polluting technologies, which turn citizens
into guinea pigs for experiments.
I submit that the incentives and subsidies should be offered
in areas of `cold' technologies alone, which are suited to our country
economically, socially and also to our wastes. The ideal resource management
strategy for MSW is to avoid its generation in the first place. This implies
changing production and consumption patterns to eliminate the use of
disposable, non-reusable, non-returnable products and packaging. The
alternative waste disposal methods include waste reduction, waste segregation
at source, extended use and refuse, recycling, biomethanation technology and
composting.
Let me take the
opportunity to demand that Okhla Bird Sanctuary which is located in the
vicinity of this hazardous plant to be declared a Ramsar site. The Ramsar
Convention’s Article 1.1 defines wetlands as “areas of marsh, fen, peatland or
water, whether natural or artificial, permanent or temporary, with water that
is static or flowing, fresh, brackish or salt, including areas of marine water
the depth of which at low tide does not exceed six metres.” This definition can
be applied to Okhla Bird Sanctuary. Its Article 2.1 provides that wetlands to
be included in the Ramsar List of internationally important wetlands “may
incorporate riparian and coastal zones adjacent to the wetlands, and islands or
bodies of marine water deeper than six metres at low tide lying within the
wetlands.” Wetlands are areas where water is the primary factor controlling the
environment and the associated plant and animal life. They occur where the
water table is at or near the surface of the land, or where the land is covered
by water. There are total 26 recognized Ramsar sites in India. Okhla Bird
Sanctuary should be made India’s 27th Ramasar site to ensure its protection and
conservation from encroachments and industrial pollution. NCR region does not
have any Ramasar site. This will be a major and memorable contribution to NCR’s
landscape for generations to come and help prevent approval for hazardous
industrial units in the region at a time when Delhi’s residents are gasping for
fresh air.
I submit that
instead of adopting Not In My Back Yard (NIMBY) approach-which entails shifting
a polluting unit to another location- the ministry should order closure of the
plant and adoption of Zero Waste philosophy for undertaking decentralized and sustainable
waste management practices recommended by several committees. The experience of
shifting of stone crushers from Lal Kua to elsewhere showed that mere shifting did
not make it non-polluting. In any case transfer of waste from richer localities
to poorer localities tantamount to waste colonialism because the latter offer
least resistance to flow waste as is evident from the current state of affairs.
In view of the
above, having been involved with these issues since October 2000 and this
specific issue since March 2005, I seek your urgent intervention for prevention
of unfolding public health and environmental disaster in Delhi’s Okhla area and
adjoining areas of Uttar Pradesh in particular and NCR region in general due to
the Dioxins emitting plant of Jindal’s TOWMCL.
I will be happy
to share relevant documents in this regard and meet you with a delegation to
apprise you of the situation.
Thanking You
Yours faithfully
Gopal Krishna
ToxicsWatch
Alliance (TWA)
Mb: 08227816731,
09818089660
E-mail: 1715
krishna @gmail.com
Web: www.toxicswatch.com
Cc
Shri Pinaki
Misra, Chairperson, Parliamentary Standing Committee on Urban Development
P.S: The first
Environmental Clearance to this plant was granted 21st March, 2007
for 15 MW under the signature of Dr A Senthil Vel, Additional Director, MoEF
pursuant to directions from Shri R Chandramohan, Joint Secretary, MoEF. The
minutes of the 46th meeting of Expert Appraisal Committee on
Infrastructure Development and Miscellaneous Projects held on 16th
November, 2006 reveals that TOWMCL, the project proponent when it was part of
IL&FS Limited (when Shri D K Mittal, IAS was its Managing Director) had
submitted that it will set up a Refuse Derived Fuel technology facility based
on Department of Science and Technology-TIFAC technology with a capacity to
process 1300 tons per day of MSW to produce 15 MW of power. Subsequently,
TOWMCL requested Dr A Senthil Vel “to issue make suitable amendments in the EC
to reflect the capacity of the proposed plant as 16 MW instead of 15 MW. The EC
was amended for processing 1950 tons MSW by an order dated 9th May,
2007. In March 2011, TOWMCL again sought an amendment to the EC after making
submission for an additional 4.9MW before the Expert Appraisal Committee (EAC)
for processing of 2050 tons of MSW. The EC was amended again for 20.9 MW. It is
noteworthy that the EC was granted based on a fake public hearing as per
records. The public hearing was conducted in Saket on January 20, 2007 instead
of it being conducted in Okhla area where the project was proposed. Prior to
the public hearing Shri Mittal wrote at least twice to Shri Chndramohan on 5th
October, 2006 and 13th October, 2006. It was “B category project
promoted to A category because of proximity to inter-state border &
sanctuary (within 10 km). Hence Public Hearing report sought.” The Public
Notice for public hearing did not disclose that the proposed plant in the
residential area was a waste based thermal power plant, it was advertized as
“Integrated Municipal Waste Processing Complex”. The attendance register
revealed that there was virtually no attendance for the public hearing. The
fact is that the Public Hearing did not take place as per the letter and spirit
of Environment Impact Assessment Notification, 2006, something which was
admitted by the then Union Minister of Environment & Forests in writing. Besides
the project was subsequently sold to
JITF Urban Infrastructure Limited (Jindal Ecopolis), which took no fresh
environment clearance. This
plant is owned by Shri Prithviraj Jindal who won an open tender in 2008 to
build and operate the plant for 25 years at a project cost of Rs 240 crore. It
is apparent that the owner has ignored the disastrous environmental health
consequences of plant’s operations.
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