NEWS ITEM PUBLISHED IN THE AVENUE MAIL DATED 07.02.2023 TITLED “JAMSHEDPUR: INDUSTRIAL WASTES ADDING TO POLLUTION LEVEL IN RIVER SUBARNAREKHA” vs JHARKHAND STATE POLLUTION CONTROL BOARD

1 Item No.02 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.144/2023/EZ In the matter of: News Item published in Avenue Mail Dated 7th February 2023 titled “Jamshedpur: Industrial Wastes adding to Pollution level in River Subarnarekha” Applicant(s) Versus 1.

Member Secretary, Jharkhand State Pollution Control Board, 2.

Deputy Commissioner, East Singhbhum, Jamshedpur, Jharkhand 3.

Executive Officer, Mango Municipal Corporation, Jamshedpur, Jharkhand Date of hearing: 11.10.2023 CORAM: HON’BLE MR.

JUSTICE B.

AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR.

ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu, For Respondent(s) : Ms.

Nandini Rai, Adv. for JSPCB, (in Virtual Mode) Ms.

Aishwarya Rajyashree, Advocate (in Virtual Mode) for Dy.

Commissioner, Jamshedpur, ORDER 1.

This Original Application was registered by the New Delhi Bench of the National Green Tribunal as Original Application No.124/2023/PB on a suo motu cognizance being taken on the basis of a media report with respect to the matters of pollution in the Subarnarekha River in Jharkhand in and around area Jamshedpur.

2.

The media report refers to survey conducted by the State Pollution Control Board showing exceedance of pH value, DO content and 2 lead content.

The report further mentions that the river covers drainage area of 1.93 million hectares and the river is rain-fed originating near Ranchi and going upto Bay of Bengal through Odisha and West Bengal covering length of 450 kilometers, and at some places like – Mango and Moubhandar, pollution was more.

3.

Notices were issued on 14.02.2023 from the Office of the New Delhi Bench of the Tribunal in response to which affidavit has been filed by the Jharkhand State Pollution Control Board but no response was filed by the Deputy Commissioner, Jamshedpur, and the Mango Municipal Corporation.

4. ration.

4.

The Tribunal also constituted a Committee comprising of the following Members:- (i) Additional Chief Secretary Environment, State of Jharkhand; (ii) Nominee of Central Pollution Control Board, Integrated Regional Office, Ranchi; (iii) Nominee of State Pollution Control Board; and (iv) Nominee of District Magistrate, Jamshedpur, East Singhbhum District, 5.

The Committee was directed to visit the site in question and interact with the stakeholders and coordinate with concerned local bodies, residents, panchayats and other concerned persons and file a factual report in respect of gaps in management of sewage and trade effluents with time bound action plan to be furnished within two months.

6.

Thereafter, the case has been transferred from New Delhi, National Green Tribunal to the Eastern Zone Bench of the Tribunal at Kolkata and re-registered as Original Application No.144/2023/EZ.

3 7.

Action taken report has been filed by the Jharkhand State Pollution Control Board on 28.02.2023.

It is stated that no untreated industrial effluents are being discharged into the Subarnarekha river.

M/s Tata Steel and M/s Tata Motors discharged their treated effluents into the Subarnarekha river.

Monthly River Water Analysis is carried out by the Regional Office-cum-Laboratory, Jamshedpur of the Jharkhand State Pollution Control Board.

The values of pH, D.O. are within prescribed standard of Class-B of Designated best use, formulated by the Central Pollution Control Board.

Analysis work of Hazardous Trace Metals was also carried out through M/s Scientific Research Laboratory at some probable contaminated sites related to the Subarnarekha river and Lead value was found to be below minimum detection limit.

Analysis Reports have been filed by the State Pollution Control Board read as under: - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 8.

A further Action Taken Report has been filed by the Joint Committee.

The Minutes of the Meeting of the Expert Committee held on 25.04. on 25.04.2023 has been filed which reads as under: – “Minutes of Meeting of the Expert Committee held on 25/04/2023 in the Conference Hall of SKIPA in compliance of directions issued by the Hon’ble NGT, Principal Bench, New Delhi vide its order dated 01/03/2023 in O.

A.

No.124/2023 In re: News Item published in The Avenue Mail dated 07.02.2023 titled “Jamshedpur: Industrial Wastes adding to pollution level in River Subarnarekha”.

Attendees: i.

Additional Chief Secretary (ACS), Forest, Environment and Climate Change Department, GoJ – Cum – Chairman, Expert Committee. ii.

Deputy Commissioner, East Singhbhum. iii.

Member Secretary (MS), Jharkhand State Pollution Control Board (JSPCB)-Cum-Member Secretary, Expert Committee. iv.

Sri Rajeev Ranjan, Scientist – E, MoEF&CC IRO, Ranchi. v.

Sri Toufic Aslam, Scientist – C, CPCB Regional Directorate, Kolkata. vi.

Additional Secretary, Forest, Environment and Climate Change Department, GoJ. vii.

Representative of Director, SUDA, Urban Development and Housing Department, GoJ. viii.

Representative of Director, Panchayati Raj Department, GoJ. ix.

The Regional Office (RO), JSPCB Regional Office-Cum- Laboratory, Jamshedpur. x.

Sri Sourav Kumar, Representative of Jamshedpur Notified Area Committee.

1.

At the outset of the meeting the Additional Chief Seretary-Cum- Chairman of the Expert Committee briefed the members about the order dated 01.03.2023 passed by the Hon’ble NGT, Principal Bench, New 20 Delhi in O.A.

It was further informed that the proceedings have been initiated suo-out in light of captioned media report about the pollution of river Subarnarekha in Jharkhand in and around Jamshedpur.

The said media report refers to survey conducted by the State PCB showing exceedance of pH value, DO content and lead content. d content.

At some places like Mango and Moubhandar, pollution was more.

It was further informed that a preparatory meeting was convened with the officials of the JSPCB for the NGT constituted Expert Committee Meeting.

The Member Secretary, JSPCB informed that an Expert Committee has been constituted by the Forest, Environment and Climate Change Department, GoJ vide Notification No.1283 dated 10/04/2023 under Chairmanship of the ACS, Forest, Environment and Climate Change Department, GoJ.

It was further informed that the JSPCB will be the nodal agency for coordination and compliance.

The Member Secretary, JSPCB further informed about the issues raised by the Hon’ble NGT to its order dated 01/03/2023 that the verification expected was at different locations where potential of discharge of trade effluents or untreated sewage exists which has not been done.

There is no consideration even of material in public domain.

The Hon’ble NGT directed that a factual report in respect of gaps in management of sewage and trade effluents with time bound action plan may be furnished within two months.

The RO, JSPCB Regional Office – cum – Laboratory, Jamshedpur provided the following details before the committee: - I.

List of Industries discharging their treated effluent in Subarnarekha which is as below: - a) M/s Tata Steel Ltd., Main Plant, Jamshedpur. b) M/s Tata Motors Ltd., Telco, Jamshedpur.

21 c) M/s Tin Plate Co. of India Ltd., Jamshedpur. d) M/s UCIL, Jadugora, Dist- East Singhbhum. e) M/s Hindustan Copper Ltd., Moubhandar (Plant is closed) It was further informed that the Online Continuous Effluent Monitoring System (OCEMS) is installed by M/s Tata Steel Limited and M/s Tata Motors Limited.

However, EPTs has been installed by M/s Tin Plate Co. of India Limited and M/s UCIL, Jadugora and their treated effluent is discharged in Subarnarekha and OCEMS has not been installed by them because it is mandatory for 17 categories of Highly Polluting Industries and both Unit both Unit does not comes under this.

II.

Monthly Monitoring of Water Quality of River Suvarnrekha at 09 different locations after Chandil Dam is being carried out by the JSPCB Regional Office – Cum – Laboratory, Jamshedpur under National Water Monitoring Programme (NWMP).

The details of which is as below: - S.N.

Location Base Line Data (Jan 2022 Data of Jan 2023 Data of Feb 2023 pH DO BOD pH DO BOD pH DO BOD 1.

Chandil Road Bridge 7.2 7.2 BDL 7.1 6.8 BDL 7.2 7.3 1.3 2.

On Subarnarekha River before meeting Kharkai 7.6 6.5 1.5 7.3 6.6 1.3 7.0 7.0 1.8 3.

On Subarnarekha River after confluence Kharkai 7.4 6.7 1.8 6.9 6.5 1.6 6.9 6.9 2.4 4.

D/s Mango, Jamshedpur 6.8 6.4 2.2 6.7 6.0 2.1 7.0 6.5 2.6 5.

Galudih Barrage 7.1 7.0 BDL 7.2 7.2 1.1 7.1 7.5 1.6 6.

U/s HCL Ghatsila 7.5 6.6 1.3 7.0 7.0 1.2 7.1 7.0 1.3 7.

D/s HCL Ghatsila 7.4 6.5 1.2 6.9 6.9 1.3 7.0 7.1 1.5 8.

Bahragora Road Bridge 7.6 7.1 BDL 7.3 7.2 BDL 7.3 7.4 1.2 9.

Ghatsila Road 7.7 7.2 1.6 7.3 7.4 1.2 7.3 8.0 1.7 22 Bridge It was further informed that a River Rejuvenation Plan of Subarnarekha was prepared and the water quality of River Subarnarekha has improved from 2019 and has become of bathing quality.

The industrial effluent discharge point of the above mentioned five industries was also depicted.

5.

The RO, JSPCB Regional Office – Cum – Laboratory, Jamshedpur has requested the Common Effluent Treatment Plant (CETP) and different ULB’s and has collected the data from them w.r.t. the discharge and treatment of their effluent / sewage the details of which is as follows: - a) Adityapur CETP Month Receipt Quantity (KL) Treated water discharged to the Inland Surface (KL Treated water for Reuse (KL) Apr’22 1545.00 1640.00 1476.00 164.00 May’22 1700.00 1656.00 1457.00 199.00 June’22 1900.00 2004.00 1723.00 281.00 July’22 1807.00 1890.00 1718.00 170.00 Aug’22 1386.00 1333.00 1240.00 93.00 Sep’22 1391.00 1388.00 1277.00 111.00 Oct’22 1121.00 1043.00 928.00 115.00 Nov’22 1426.00 1233.00 1110.

3.00 1110.00 123.00 Dec’22 1400.00 1418.00 1262.00 156.00 Jan’23 1598.00 1630.00 1434.00 196.00 Feb’23 1478.00 1496.00 1361.00 135.00 Mar’23 1893.00 1741.00 1549.00 192.00 Total 18645.00 18472.00 16535.00 1935.00 b) Jamshedpur Notified Area Committee S.N.

Information Details 1.

Total number of sewage drains/discharge points being discharged in Subarnarekha river 18 2.

Total quantum of discharge of sewage in Subarnarekha river 122.05 MLD 3.

Total quantum of 0 23 treated sewage being discharged in Subarnarekha river 4.

Total quantum of untreated sewage being discharge in Subarnarekha river 122.05 MLD 5.

If any Sewage Treatment Plant (STP) is established then its treatment capacity 1 STP of Capacity 45 MLD 11 PSTPs of Capacity 4.8 MLD 6.

If no STP is there then the proposed plan to treat the sewage and timeline for completion of STP, if any.

Yes, there is proposed plan for treatment of Waste Water; the survey of nallahas has been conducted.

Time line for completion – March 2026. c) Mango Municipal Corporation S.N.

Total number of sewage drains/discharge points being discharged in Subarnarekha river 09 2.

Total quantum of discharge of sewage in Subarnarekha river 30.24 MLD 3.

Total quantum of treated sewage being discharged in Subarnarekha river 0 4.

Total quantum of untreated sewage being discharge in Subarnarekha river 30.24 MLD 5.

If any Sewage Treatment Plant (STP) is established then its treatment capacity 0 6.

Yes, there is proposed plan for treatment of Waste Water; the survey of nallaha has been conducted.

Time line for completion – March 2026. d) Kapali Municipal Council S.N.

Total number of sewage drains/discharge points 02 24 being discharged in Subarnarekha river 2.

Total quantum of discharge of sewage in Subarnarekha river Not Calculated 3. culated 3.

Total quantum of untreated sewage being discharge in Subarnarekha river Not Calculated 5.

If any Sewage Treatment Plant (STP) is established then its treatment capacity N/A 6.

N/A e) Tata Steel Utilities & Infrastructure Services Limited S.N.

Information Details Remarks 1.

Total number of sewage drains/discharge points being discharged in Subarnarekha river 18 Numbers of Storm water drain discharge points.

Total quantum of discharge of sewage in Subarnarekha river NA JNAC is conducting joint study to ascertain the volume of discharge.

Total quantum of treated sewage being discharged in Subarnarekha river NIL TSL does not discharge in River.

Treated sewage is used for industrial and irrigation purposes.

Only treated sewage is discharged in case of breakdowns / Shut down.

Total quantum of untreated sewage being discharge in Subarnarekha river NA TSL does not discharge in River.

25 5.

If any Sewage Treatment Plant (STP) is established then its treatment capacity YES 65.7 MLD BARA STP-45 MLD, KHARKAI STP – 16 MLD, 10 Nos. of PSTPs – 4.7 MLD 6.

6 MLD by May 2025 Under construction – 5 PSTPs (6MLD).

Completion within May 2025. f) Jugsalai Nagar Parishad S.N.

Total number of sewage drains/discharge points being discharged in Kharkai river 05 2.

Total quantum of discharge of sewage in Kharkai river 5.4 MLD (Approx.) (Calculation based on census 2011) 3.

Total quantum of treated sewage being discharged in Kharkai river 0 There is no treatment facility.

Total quantum of untreated sewage being discharge in Kharkai river 5.4 MLD (Approx.) (Calculation based on census 2011) 5. s 2011) 5.

If any Sewage Treatment Plant (STP) is established then its treatment capacity No 6.

Final DPR of STP Prepared by Juidco in 2018.

No further progress has been done. g) Adityapur Municipal Corporation S.N.

Total number of sewage drains/discharge points being discharged in Kharkai river 08 2.

Total quantum of discharge of sewage in Kharkai river 14 MLD 3.

Total quantum of treated sewage being discharged in Kharkai river NIL 4.

Total quantum of untreated 11 MLD 26 sewage being discharge in Kharkai river 5.

If any Sewage Treatment Plant (STP) is established then its treatment capacity 3 MLD in NIT, Jamshedpur 6.

36 MLD -04 No.

SPTs under construction under AMRUT scheme. h) Rural Block Area of East Singhbhum S.N.

Total number of sewage drains/discharge points being discharged in Subarnarekha river 01 (Musabani Block) 2.

Total quantum of discharge of sewage in Subarnarekha river 10 cubic Litre (Musabani Block) 3.

Total quantum of treated sewage being discharged in Subarnarekha river NIL 4.

Total quantum of untreated sewage being discharge in Subarnarekha river NIL 5.

If any Sewage Treatment Plant (STP) is established then its treatment capacity NIL 6.

NIL 6.

Sri Rajeev Ranjan, Scientist – E, MoEF&CC IRO, Ranchi suggested that the sampling may be done at the discharge points at the representative locations during site visit by the Expert Committee and the sample analysed to know the quality of sewage being discharged in the Subarnarekha river.

It was suggested that the sapling at Garra Nala should also be done at the discharge of UCIL meets Garra Nala and where it further meets Subarnarekha River. kha River.

27 After deliberations and discussions, the Chairman gave the following directions:- 1.

Details w.r.t. the sewage being discharged in Subarnarekha River and Kharkai River of the Urban Local Bodies and Panchayat areas along with the complete details drain wise and the action, either being taken or is proposed to be taken for treatment of sewage along with the estimates, timeline for implementation and source of funding to be indicated as well. (Action By: concerned ULBs and DC, E.

Singhbhum) 2.

To prepare a map of the stretch of Subarnarekha along with the map of Urban Local Bodies indicating discharge points, ETPs, SPTs etc. with its coordinate points (Latitude and Longitude) (Action By: concerned ULBs and DC, E.

Singhbhum) 3.

Action plan to be prepared at district level for tapping of the sewage being discharged in Subarnarekha by considering each drain as a Unit. (Action By: concerned ULBs in coordination with Deputy Commissioner) 4.

To prepare the draft Action Plan and circulate it with the Members of the Committee. (Action By: MS, JAPCB) 5.

To collect the layout map and drawing of water supply system and drainage map of the industries. (Action By: RO, JSPCB, Jamshedpur) 6.

To submit the desired reports / documents /maps etc. on or before 03/05/2023 to the Member Secretary of the Expert Committee (Action By: All the concerned stakeholders) 7.

The site visit of the expert committee and the interaction with the local people and others is scheduled on 8th May, 2023. (Action By: All the Members) The Meeting concluded with the vote of thanks to the Chairman.” 9.

Minutes of Meeting of the Expert Committee held on 11.05.2023 have also been filed which reads as under: - 28 29 30 31 32 33 34 35 36 37 10.

The reports show that a River Rejuvenation Plan (RRP) of Subarnarekha river has been prepared and the water quality of river Subarnarekha has improved from 2019 and has become of bathing quality. g quality.

Monthly Monitoring Water Quality (MMWQ) of river Subarnarekha at 9 different locations after the Chandil Dam is being carried out by the Jharkhand State Pollution Control Board, Regional Office-cum-Laboratory, Jamshedpur under the National Water Monitoring Programme (NWMP).

11.

For the Jamshedpur Notified Area Committee, the report shows that there are 18 sewage drains / discharge points being discharged in river Subarnarekha.

The total quantum of sewage discharge is 122.05 MLD.

The total quantum of untreated sewage discharge in Subarnarekha is 122.05 MLD.

This shows that the entire sewage generated is being discharged into Subarnarekha untreated.

This is an extremely serious matter.

The Report mentions that there is one STP of capacity 45 MLD and 11 PSTPs of capacity 4.8 MLD.

If, in spite of one STP and 11 PSTPs total untreated sewage in the Jamshedpur Notified Area is being discharged into the Subarnarekha river, it means that the STP and PSTPs are not functioning.

The Report mentions that there is a proposed plan for treatment of wastewater for which survey of Nullahs has been carried out.

Timeline given is March 2026.

We find this timeline to be absolutely unacceptable as it does not show any sense of urgency in the concerned authorities to address the river pollution on a war footing considering that the entire sewage generated in Jamshedpur Notified Area is being discharged into Subarnarekha river.

38 We, therefore, direct the State Respondents to ensure STPs are established within 6 months i.e. by 15.04.2024 and made functional.

12.

In the Mango Municipal Corporation area the report shows that there are 9 sewage drains/discharge points being discharged in Subarnarekha River.

The total quantum of discharge of sewage in Subarnarekha river is shown as 30.24 MLD.

Total quantum of untreated sewage being discharged into the Subarnarekha river is shown as 30.24 MLD.

30.24 MLD.

In spite of this poor state of affairs, there is not a single Sewage Treatment Plant for treatment of sewage as per the report.

Here also the timeline given for completion is March 2026.

Considering that there is no STP and the entire generated sewage is being discharged into the Subarnarekha river untreated by the Mango Municipal Corporation, we direct the Respondents to establish adequate number of STPs within 6 months by 15.04.2024.

13.

So far as Kapali Municipal Council is concerned, the report mentions that there are 2 sewage drains / discharge points in the Subarnarekha river but the quantum of treated sewage and quantum of untreated sewage has not been calculated.

Respondents are directed to determine the same and take adequate steps for setting up of STPs within 6 months i.e. by 15.04.2024.

14.

As regards Jugsalai Nagar Parishad, the report mentions that the total quantum of sewage discharge in the Kharkai river is 5.4 MLD based on the Census of 2011.

There is no treatment facility.

Total quantum of untreated sewage being discharged in Kharkai river is 5.4 MLD.

The report mentions that Detailed Project Report (D.P.R.) 39 for STP has been prepared in 2018 but there is no progress thereafter.

This shows a completely irresponsible attitude of the respondents towards keeping the Kharkai river clean and keeping the water quality within the prescribed parameters.

We direct the respondents to ensure that the STP is set up within 6 months i.e. by 15.04.2024.

15.

For Adityapur Municipal Corporation, the report mentions that the total number of sewage drains/ discharge points into river Kharkai is 08.

The total quantum of discharge of sewage in the Kharkai river is 14 MLD.

Total quantum of treated sewage discharged in river Kharkai is shown as NIL.

Total quantum of untreated sewage being discharged in river Kharkai is stated to be 11 MLD.

3 MLD capacity STP is stated to be constructed in NIT, Jamshedpur. amshedpur.

A 36 MLD - 4 STPs are stated to be under construction under the AMRUT Scheme.

We direct the State Respondents to ensure that the 4 STPs are setup within 6 months i.e. by 15.04.2024.

16.

For the Rural Block area of East Singhbhum, the total number of sewage drains/discharge points into the river Subarnarekha is shown as one at Musabani Block.

Total quantum of discharge of sewage into the Subarnarekha river is shown as 10 cubic liters (Musabani Block).

Total quantum of treated sewage being discharged in Subarnarekha river is shown as NIL.

Total quantum of untreated sewage being discharged in Subarnarekha River is shown as NIL.

There is no STP plant nor is there any proposed plan for setting up of STP which is shown as NIL.

40 We, therefore, direct the Respondents to ensure that STP is set up in the Rural Block area of East Singhbhum within 6 months i.e. by 15.04.2024.

17.

The Respondents are directed to file a Compliance Report positively by 30.04.2024.

The District Magistrate, East Singhbhum is directed to file a Compliance Report by 30.04.2024.

18.

With the aforesaid directions, the Original Application No.144/2023/EZ is accordingly disposed of.

19.

Interlocutory Applications, if any, stand disposed of accordingly.

20.

There Shall be no order as to costs. .....................................

B.

Amit Sthalekar, JM …......................

Dr.

Arun Kumar Verma, EM October 11, 2023, Original Application No.144/2023/EZ SKB