To
Shri Prakash Singh Badal
Chief Minister
Government of Punjab
Chandigarh
Subject-Violation of Supreme Court's order and imminent toxic
ash fall from the proposed waste based thermal power plant in Jalandhar
district, a legacy of Shri A Raja's tenure as environment minister
Dear Shri Badal Jee,
This is to bring to your notice the report of the
Parliamentary Standing Committee (PSC) on Urban Development submitted to the
Parliament in 2014 which recommends that "Incinerator plants should be
stopped in all residential areas in all metropolitan & Big cities across
the country". This is relevant for Jalandhar district.
We submit that
the proposed plant is in violation of battery limit laws of the union ministry
of environment & forests which prescribe a minimum distance of one
kilometre for plants of this type from residential areas and highways.
We wish to
inform you that the incomplete public hearing for “Municipal solid waste
processing facility” at Jamsher village in Punjab's
Jalandhar district on 30th September 2011 was quite strange.
Although it is clear from the website of Municipal Corporation of Jalandhar
that actually it is a waste burning project, the residents and villagers were
never informed about it. It is a power plant project based on waste. The
question is why has Punjab Pollution Control Board and the project developer
hidden this fact from the public.
We have learnt
from newspapers and research reports that such plants have failed in India, why
a failed project is being proposed here. A similar plant has failed in Timarpur
in Delhi and in Andhra Pradesh. Delhi High Court had scolded the Govt. for such
experimental technology in the past.
Project
Developer and Punjab Pollution Control Board are trying to confuse the public
by not revealing that waste burning is highly polluting. It has not told the
public about the health effects and diseases caused by waste burning plants.
This is not mentioned in the EIA report.
It
is shocking that the EIA report was not made available to the public of
Jalandhar in Punjabi. Nobody sitting in the public hearing from the villages
got a copy of this report in Punjabi.
We
have come to know that the project violates Hon’ble Supreme Court’s order on
waste to energy based on waste burning. This has been reported in the
newspapers that no health and environmental loving person can allow such
polluting and disease causing plant in their place of residence.
We
are deeply concerned about the health of the villagers from the locality and
its impact on the dairy.
In
the draft EIA report for ‘Municipal Solid Waste Processing Facility’, it is
stated that three technologies namely RDF, Bio-methenation and compositing will
be used. However, we have learnt that the bidder for this project using the
mass burning technology whereas your EIA report is based upon combination of
different technologies. This appears to be a case of outwitting Supreme Court
orders dated 16.05.2007 in the Almitra H Patel Vs Union of India case. The
project proponent is violating the Supreme Court orders, which has recommended
only biomethanation technology.
Department
of Local Government, Government of Punjab has initiated to implement an
“integrated MSW management facility for Jalandhar cluster comprising of
Jalandhar city and 25 other Urban Local Bodies (ULBs).”
As
per 136 page Draft Environment Impact Assessment (EIA) report, “ The facility
will comprise of a MSW processing facility at Jamsher village in Jalandhar
district for processing the MSW from Jalandhar cluster and an engineered
Sanitary Land Fill (SLF) site at Hoshiarpur town in Hoshiarpur district for
disposal of processing rejects and other inert wastes generated by the
processing facility.”
It
is noteworthy that while the project has two components comprising of
“municipal solid waste processing facility” and an engineered Sanitary Land
Fill, this EIA report only deals with the former. It appears that the project
has deliberately been broken into two parts to obviate combined resistance from
the villagers of Jamsher and Hoshiarpur.
This
EIA report is misleading both the residents of Jamsher, Hoshiarpur the
Jalandhar. The report states that the total area available for development of
the “MSW facility is approximately 25 acres”. Why does it exclude Hoshiarpur’s
30 acre? As per the TOR given in the Draft EIA report for the MSW facility,
some 20 points out of the 35 points mentioned refer to landfill but this
document is silent about it.
It
is claimed that the MSW processing plant to consist of burning of RDF (Refuse
Derived Fuel) plant, biomethanation plant, power plant (optional) and
composting facility. The plant will be designed to process 700 Tonnes Per Day
(TPD) of Municipal Solid Waste and is expected to generate around 260 TPD of
Refuse Derived Fuel (RDF) in the form of fluff. The fluff is expected to have a
Gross Calorific Value (GCV) of 2,500 Kcal/kg to 27,000 Kcal/kg. The plant will
also be designed to process 50 TPD of green waste for producing biogas in a
biomethanation plant and manure in a composting facility. The biogas generated
is expected to be about 2,750 to 3,000 Nm3/day and manure quantity is expected
to be about 6-7 TPD. The RDF plant and the biomethanation plant are expected to
operate for 330 days in a year. The total cost of the integrated MSW processing
facility is estimated to INR 99.21 crores. The project will be made operational
in a span of 14 months.
It
is confessed that waste collected from various sources in the Jalandhar cluster
will have differing calorific values. It is not revealed how Indian waste,
which has calorific value of 800-1000 kcal will gain the Gross Calorific Value)
of 2,600+ kcal / kg after drying and separation of non-combustible and recyclable
fraction and after conversion to RDF. If the project is to be implemented by
companies like Jindal Urban Infrastructure Limited (JUIL), a company of M/s
Jindal Saw Group Limited owned by Prithviraj Jindal, which has no previous
experience in waste management, it will distort waste management beyond
repair.
The
Draft EIA states that “A power plant of 6MW capacity will be installed as part
of the MSW processing plant. The boiler of the power plant will designed to be
fired with RDF, biogas and CNG…” It also reveals that it is actually a furnace
for burning waste. This is clearly a case of Dioxins emitting machine being
proposed in a residential area unmindful of the fact that pollutants are
passengers without passports which will enter the food chain and harm the
present and future generations.
Given
the fact that the project proponent is using RDF technology it is relevant to
note that all such experiments based on this technology to treat waste has
failed in the country. A similar plant proposal compelled the union Environment
Minister to write to Delhi chief minister that there has been violation in
basic condition stipulated in environment condition. This project violates
several national and international laws related to pollution. It violates Municipal
Solid Waste rules 2000. It violates the recommendation of the environment
Ministry in its white paper that Indian waste is suitable only for Biological
Treatment Methods. It violates the recommendation of Supreme Courts committee
on Waste to Energy that insisted on segregation of waste its source. Once waste
is segregated, compostable waste can be composted and recycled waste can be
recycled. In such a scenario, what is the need to burn the waste. This is
clearly an irrational project that must be rejected because it does not deserve
the Environmental Clearance.
This
project violates a Stockholm convention on persistent organic pollutants like
dioxins. The project will also emit heavy metals like mercury, lead and others.
The power generated will be highly expensive. Experts suggest that it is
4-5times costlier than the conventional electricity. The EIA report does not
reveal how the project developer will deal with toxic ash which will contain
heavy metals like mercury. If such ash is dumped in place like Hoshiarpur, it
will adversely affect the health of the people of Hoshiarpur. It is quite
disturbing that public hearing for the landfill at Hoshiarpur was conducted
separately from this public hearing. In 1990’s, a similar waste Energy Plant
was shut down in Delhi because the garbage had about 60% organic waste and
large amount of silt. The waste of Jalandhar will not be any different. Waste
incineration violates Kyoto protocol because it emits Green House Gases. This
technology has high public health cost. It causes cancers, birth defects in
villagers living in the vicinity of incineration.
Incineration
promotes waste generation, what is required is waste prevention and reduction
and zero waste system that guarantees returned on investments and healthy
communities. It is also to be noted that Ministry of new renewable energy is
damaging waste management in cities like Jalandhar by providing subsidy to such
polluting projects. There is threat to ground water from ash disposal.
Incineration also creates huge amount of Air pollution. It also releases Carbon
monoxide, oxides of sulphur and nitrogen, hydrocarbons and particulates in the
air. One does not know whether Punjab Pollution Control Board has the capacity
to even test persistent organic pollutants like dioxins. One does not know how
the project developer will segregate heavy metals like lead and mercury from
the mixed waste which is to be burnt as per the EIA report.
In view of the above, it
is clear that incineration is the most costly waste management option from the
point of view of public health environment and natural resources. Therefore,
the project the power plant based on waste should not get environmental
clearance.
We submit that "setting up
of waste to
energy plants" is not a proper method of "better disposal
of municipal waste" as per cardinal principles of
municipal waste management.
The claim that it will result in minimal inert residue for
landfilling along with the generation of electricity is misleading. The fact is
that such claims are factually deceptive and scientifically incorrect.
As per the Manual on Municipal Solid Waste Management, Union
Ministry of Urban Development, physical composition of Indian waste shows that
inert material constitutes from 43.59 % to 53.90 % and compostable matter
constitutes 44.57 % to 30.84 %.
If one adds this 53.90 % of pre-existing ash with the 25 %
ash which is left after the incineration of municipal waste, it comes to 78.9
%. This implies that the total inert residue from waste to energy incinerator
projects will be significantly higher after the incineration of waste which
will produce toxic ash as well that requires disposal in engineered landfills.
We submit that beyond delaying the environmental impacts of
toxic ash, incinerators contribute to nothing. In developed countries like USA,
double lined landfills cost about half a million dollar per acre which will in
all certainty leak and contaminate the ground water aquifers. In any case Delhi
does not have such landfills. Even if it is there it poses threat to Delhi's
ground water aquifers.
The same manual reveals the chemical composition of Indian
waste has the calorific value of 1009.89 kcal/kg to 800.70 kcal/kg with
moisture content ranging from 25.81 % to 38.72 % and organic matter ranging
from 37.09 % to 39.07 %.
It has been established that everything organic has a ratio
of carbon to nitrogen (C:N) in its tissues. It is the combination of materials
that creates the ideal climate for compost microbes-a C:N ratio of 30:1. In
such a context, a Technical Report titled "Environmental Audit of
Municipal Solid Waste Management, June 2006" infers, "we can
deduce the Indian waste has a high content of organic matter, which makes it
suitable for processes like composting and anaerobic digestion. The C/N ratio
is between 20-30 and this ratio is very suitable for composting (Eiland, et al,
2001). The waste also has a high moisture content which makes it unsuitable for
incineration." The audit was done with financial assistance from the Union
Ministry of Science and Technology.
Reference:
CES TECHNICAL REPORT - 112 Energy and Wetlands Research Group, Centre for
Ecological Sciences, Indian Institute of Science, Bangalore.
May we ask how is possible to generate power from municipal
waste of such composition.
We submit that such WTE plants require large capital
investment and show little economic return. To maintain optimal combustion they
also need a constant supply of waste materials. This often results in the
creation of long-term contractual agreements with local authorities
(guaranteeing certain tonnages of waste per year to the incinerator) and
destroys incentives to minimise waste or financially support resource recovery programmes.
They do not complement recycling programmes because they require materials with
high calorific value (such as paper, cardboard & plastics). Landfills are
still needed to dispose of the bottom ash and fly ash which are deemed to be
highly toxic and therefore must be disposed of in costly hazardous materials
landfills.
We submit that incinerators are operated by a relatively
small number of staff and the presence of an incinerator in a region does not
attract other industries to the area.
We submit that reuse and recycling initiatives provide more
than 10 times as many jobs as incineration for a given quantity of material
processed.
We submit that the incineration of Delhi's mixed solid waste
leads to emissions of heavy metals, dioxins and other volatile organic
compounds that are released into the atmosphere.
Many studies including those mentioned in Hon'ble Delhi High
Court judgement have shown that some of these compounds have been identified as
a cause of cancer. Dioxins are the most toxic man-made substances known to man.
The predominant source is from products such as PVC plastic (containing
chlorine). This substance can persist for decades in the environment without
breaking down into less harmful compounds and accumulate in soil, water and food
sources.
We submit that mixed waste incinerators are inefficient
energy producers, capturing only about 20% of energy generated by the waste. A
huge amount of valuable resources and energy already used are lost. Recycling
plastic saves 3.7 to 5.2 times more energy, recycling paper saves 2.7 to 4.3
times more energy and recycling metal saves 30 to 888 times more energy that is
gained through incineration.
We submit that waste is not a renewable energy source. Waste
is composed of materials produced from unsustainable and non-renewable sources.
Incinerating waste destroys resources that could be recovered or minimised.
We submit that Punjab Government should be wary of
misleading claims and financial incentives that distort waste management beyond
repair. Union Ministry of New & Renewable Energy (MNRE) has been pushing
waste incinerators under the influence of incinerator companies in violation of
Hon'ble Supreme Court's order. MNRE's driving concern and mandate is to
generate energy not undertake manage waste of municipal corporations and
municipalities. MNRE refuses to learn from its Timarpur, Delhi blunder, Hon'ble
Delhi High Court's adverse order and the unsuccessful experience with
Australian company, Energy Developments Limited which too had proposed a waste
incinerator at Gazipur, Delhi.
We submit that the waste to energy incinerator projects
mentioned by Municipal Corporation of Jalandhar (MCJ) does not make municipal
solid waste disappear or minimize inert residue instead they maximize it. They
encourage waste generation and current patterns of production and consumption,
which are at the root of solid waste problems. They are the most costly of all
solid waste management options; result in air and water pollution, and still
need to be supplemented by landfills as they produce an ash that is far more
toxic than ordinary domestic trash. This has not been disclosed in a deliberate
act by MCJ which has chosen not to learn from its failure in Timarpur and
Ghazipur.
We submit that even with waste based thermal power plant Jalandhar
will still need landfills for ash disposal and construction wastes. Ash can
comprise about 25% by weight of an incinerator’s throughput and must be
landfilled. Thus, incineration means incineration plus landfill. There are two
kinds of by-pass waste: bulky materials that do not fit into the incinerator
(such as mattresses), and collected waste that cannot be burned when the
incinerator is down for regularly scheduled or unscheduled maintenance. These
materials typically require landfilling in communities that have built
incinerators.
It is relevant to pay heed to the wisdom of the White Paper
of the Union Ministry of environment & Forests. The "White Paper on
Pollution with an Action Plan" of the Union Ministry of Environment &
Forests that the ministry’s wisdom is opposed to such municipal waste
incinerators. The relevant part of White Paper in paragraph 4.1 reads:
"The NEERI studies show that the treatment of solid waste not reduces the
quantity requiring disposal but also reduces its pollutionpotential thereby
preventing its adverse impact on environment. Some treatment methods also yield
a product which can be recycled. Thermal treatment methods such as incineration
or conversion of waste to briquettes and its subsequent use as fuel are not
feasible due to the low heat value of the municipal solid waste in MCD area.
The experience of the incineration plant at Timarpur, Delhi and the briquetting
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."
It is clear from Environmental Ministry's White Paper and
the Technical Report prepared with assistance from Ministry of Science and
Technology that MCD's “waste load” and its mishandling by the aforementioned
contractors will distort the municipal solid waste management beyond repair.
It is relevant to note that a Fact Finding team comprising
of Dr K Babu Rao, former scientist at the Indian Institute of Chemical
Technology, Hyderabad, Dr Narasimha Reddy Donthi, Chief Advisor, Chetana
Society, Hyderabad and the author visited the plant site of SELCO International
Ltd’s Refuse Derived Fuel (RDF) incineration technology based waste to energy
project at Elikatta Village, Shadnagar Mandal, Mahboobnagar district and found
the plant to be locked on August 1, 2011. This is the plant that was cited a
successful example by Shri Najmi Waziri, Delhi Government's counsel on 18th
July, 2011 in the Delhi High Court in front of Chief Justice Bench to defend
Delhi’s Okhla Waste to Energy plant.
The security guard of the SELCO International Ltd's 6.6 MW
Municipal Solid Waste to Energy Project at Elikatta Village, Shadnagar Mandal,
Mahboobnagar District, Andhra Pradesh informed the team that the plant is
closed for the last three years. This fact has been verified with the local
people and a site inspection too revealed the same.
We submit that the municipal waste to energy incinerator in
the residential area is based on hazardous incinerator technology that emits
persistent organic pollutants like Dioxins and toxic heavy metals like Mercury.
Incinerators are tried, tested and failed technology.
We submit that the proposed waste to energy plant in Jalanadhar
is in violation of the Supreme Court order in Writ Petition (Civil) No. 888 of
1996.
We wish to submit that unprecedented health crisis has been
witnessed in Gandhumguda village, Peeranchery Panchayat, Ranga Reddy district
in Andhra Pradesh where SELCO ran its waste to energy incinerator plant. The
same was brought to the notice of the Supreme Court's Waste to Energy Committee
by the residents and the author of this letter following which the Court only
approved biomethanation technology. This order echoes the recommendations in
the White Paper and the Technical Report.
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 merits special attention because it is
setting a very bad and unhealthy precedent.
We wish to draw you attention towards the report of
Parliamentray Standing Committeee On Urban Development reads: "The Committee notes that the Municipal
Solid Waste is delivered by NDMC and MCD
at the Okhla Power Plant site. Although
it is claimed that "only non Hazardous Municipal Solid Waste will
be treated at the facility", the
fact is that Delhi's mixed municipal
solid waste has characteristics of hazardous waste. MCD, Delhi government and Central Government have shown
sheer callousness towards hazardous
emissions from municipal incinerators that cause serious environmental and health problems to the
people living not only near them but
thousands of kilometers away from the source. The Committee feel anguished and dissatisfied with the
reply of the Ministry that the soot in
the atmosphere is reported to be within norms as it is monitored by Delhi Pollution Control
Board.”
We wish to draw your attention towards the fact that the proposed
plant is situated in the proximity of residential colonies. But disregarding
this and a number of binding guidelines from multiple state agencies and
Supreme Court’s directive, the thermal plant is being proposed under the shade
of slack regulation.
It is strange that the Punjab government is backing the
project as a technology solution to the city's two enduring, and worsening,
problems - excess of waste and shortage of power. But while contributing to the
solution of two problems, the plant kindles a number of new ones, with
potentially serious health and environment implications for the residents of
Jalandhar.
Unmindful of such concerns, the owner of this controversial
plant has been making false claims about the technology being absolutely safe.
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,
which are among the most toxic substances known to science.
I wish to bring to your notice that the residents of
colonies Delhi’s Okhla including have been suffering from toxic ash fall from
the date of its operation. Few days back these colonies were badly affected due
the pollution caused in August 2015 by Jindal's waste incinerator in Sukhdev
Vihar, Okhla. A large number of people had to wake up at 4 AM due to the
feeling of suffocation. These colonies got covered with smoke during early
morning hours. This is a case of promoting environmental lawlessness in the
national capital using unapproved Chinese incinerator technology.
I submit that Shri Prakash Javadekar, Union Minister of
Environment, Forests & Climate Change (MoEFCC) has promised to look into
the matter in a response to a letter regarding imminent industrial disaster in Delhi’s
Okhla. The Union Minister has communicated the same to Shri Shashi Shekhar,
Special Secretary, MoEFCC and Chairman, Central Pollution Control Board. It is
noteworthy that Shri Shashi Shekhar is also the head of Hazardous Substances
Management Division which deals with issues of municipal solid waste (MSW) as
well.
I submit that it is significant that as BJP MP Shri Vijay
Kumar Malhotra, 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."
I submit that Shri Subhash Chopra, as Congress MLA, Delhi
Legislative Assembly wrote separately to Chief Minister of Delhi and Lt.
Governor of Delhi demanding inquiry into the toxic flay ash from the Jindal's
large plant in a letter dated 27th December, 2013.
The 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 CPCB 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.
It is apparent that the regulatory agencies are feeling
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.
As per the 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 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.
It is noteworthy 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).
Notably, 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 Delhi High Court had 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". 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.
We wish to draw your attention towards the views of Prof. T
R Sreekrishnan, Department of Biochemical Engineering and Biotechnology and a
member of the Committee who 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.
Notably, 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.
DPCC's attached 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.
Notably, the Environmental Clearance (EC) which has been
amended several times was given to the plant of Jindal's TOWMCL. It is the sad
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. Shri Akolkar is
currently the Member Secretary of CPCB.
A judgment of Delhi High relevant to Okhla 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 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 plant is amidst residential colonials and 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.
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 Union Environment Minister had written to the then Chief Minister, NCT of
Delhi underling that the plant is functioning in violation of environmental
regulations.
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.
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. 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) and is part of Power Ministry at present. 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 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. 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 Court's order.
But Delhi Government falsely claimed in the High Court that
it was one of the five projects cleared by Supreme Court leading to dismissal
of petition filed by residents but when the 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 Chandihok, the bench headed by the Chief Justice, 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."
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.
Now 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 in the presence of two officials only as per records.
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.
The closure of this plant 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.
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.
It appears strange that Punjab Government is following the
footprints of a government whose misplaced initiatives like these led to it
being vanquished.
Meanwhile, National Human Rights Commission (NHRC) is
pursuing Case No. 8296/30/10/2014 filed by ToxicWatch Alliance (TWA) which has
been campaigning against this toxic Dioxins emitting plant since 2005 and is
pursuing a case against the toxic threat from municipal waste incinerator
plants.
We seek your urgent intervention for prevention of public
health and environmental disaster in Jalandhar and its adjoining areas due to
the proposed Dioxins emitting power plant.
In view of the above facts, we urge you to reconsider and
revise your stance towards incinerator based waste to energy projects to save
present and future generation of residents of Jalandhar from being enveloped in
a gas chamber as a consequence of the tried, tested and failed approach adopted
for waste management.
Signatories
GOPAL KRISHNA, TOXICSWATCH ALLIANCE (TWA), 1715krishna@gmail.com,
Mb: 09818089660, www.toxicswatch.org, NEW DELHI
Dr AMAR SINGH, CENTRE FOR ENVIRONMENTAL RESEARCH, PUNJAB
UMENDRA DUTT, KHETI VIRASAT MISSION, PUNJAB
PARGAT SINGH, MLA, JALANDHAR, PUNJAB
SUDHIRENDAR SHARMA, THE ECOLOGICAL FOUNDATION, NEW DELHI
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