The HIL factory at Eloor soon after the fire that broke out on July 6th.
The SCMC visited Kerala to monitor implementation of the Supreme
Court's order dated 14.10.2003. The Committee was also due to visit
the Coke and Pepsi plants in Palakkad district on the
recommendation of the "Joint Parliamentary Committee on Pesticide
Residues in and Safety Standards for Soft Drinks, Fruit Juice and
Other Beverages." (See page 94, para 2.187 of the JPC report).
The Committee visited several units generating hazardous wastes,
from Thiruvananthapuram to Kochi, and thereafter also visited the
Coke and Pepsi plants during its visit to Palakkad district, from
10-13 August 2004. It visited the Cochin Port Trust and Customs on
August 13, 2004 to resolve outstanding issues. The Committee
received a large number of written representations and photographs
from community-oriented groups including the Periyar Malineekarana
Virudha Samiti, Periyar Samrakshana Samiti, the Merchem
Malineekarana Virudha Samiti, THANAL and PUCL. It also received
representations from union leaders and some employees pleading
against closure of industries on grounds of employment. It had
meetings with company officials of industrial units it visited,
district officials, officials of water regulatory bodies including
the Kerala Pollution Control Board and panchayat officials.
General observations:
The Committee found to its shock that the authorities in Kerala
had allowed widespread disregard of the court's order dated
14.10.2003. It found several industrial units operating without
authorization as required by the Hazardous Waste Rules, 1989 and in
defiance of the order dated 14.10.2003. It found that since the
state had no Treatment, Storage and Disposal Facility (TSDF) for
hazardous wastes, these wastes was being discharged into the
environment by most of the industries concerned. In addition, it
found the provisions of the Air and Water Acts were also being
openly flouted.
The Committee found that in many areas, industrial units had
contaminated ground water supplies of the communities surrounding
the plants and that nothing had been done to remedy this situation.
Some water supplies were being delivered in tankers to the affected
communities, but these were woefully inadequate and unjust.
The Committee was particularly alarmed and distressed at the
state of the Periyar river, which is the lifeline of Kerala. The
Committee found that the river itself had been converted into a
vast, illegal TSDF for receiving a large quantity of hazardous
wastes. Several industries - many owned by government - that should
have long been closed because they are still relying on obsolete
technology and obsolete products, were in operation, not only
impacting negatively on the environment but losing public money as
well in crores. It appeared to the Committee that the state of
Kerala was more than a decade behind the process improvements in
other states: it looked as if the state had pushed itself into a
time-warp from which it was unable to extricate itself.
The Committee noted that the Kerala Pollution Control Board
(KPCB) had been informed during the latter's appearance before the
Committee in Delhi on 7/8 April 2004 that all steps should be taken
to ensure that no units were functioning without authorisation
beyond May 31, 2004. The Board was informed that if units were
found without authorisation beyond that date, contempt proceedings
would be recommended against the Board. The Board was also directed
at the same time to ensure that all units had the requisite board
displaying necessary information on-line about the unit's hazardous
chemicals and wastes outside the factory gates. The Board had also
been told that a site for the state's TSDF must be found and
notified by 31 May 2004.
The Committee records that thereafter a formal letter dated 31
May, 2004, signed by its Chairman, was sent to the Chief Secretary,
Kerala, for compliance on these points.
Despite these efforts of the SCMC to ensure compliance, it found
to its dismay that the KPCB had continued to disregard the order of
the Supreme Court dated 14.10.2003.
The Committee is therefore issuing the following directions to
reverse this terrible situation in the State and to ensure
compliance of the Supreme Court's orders:
The State Government of Kerala will forthwith institute an
inquiry as to why the Kerala Pollution Control Board has wilfully
and callously disregarded the directions of the Supreme Court Order
dt. 14.10.2003 and identify the officials responsible for it.
The Secretary, Government of Kerala in the Department of Health
(which supervises the KPCB) and the Chairman, KPCB, are both cited
for contempt proceedings for their willful disregard and
non-compliance of the order of the Supreme Court dated
14.10.2003.
Given the current deplorable scenario of hazardous waste
management in the State, the Government of Kerala is hereby advised
to revamp the KPCB as necessary to inject dynamism, courage and
foresight in its functioning and to make it a really performing
Board.
The KPCB is directed to close forthwith all units that have no
authorisation to operate under the Hazardous Waste Rules, 1989.
These units will not be allowed to reopen until they have the
proper facilities to dispose of their hazardous wastes as required
under the Rules. This order must be complied with within eight days
and compliance report submitted to the SCMC in Delhi at the expiry
of the period.
Relying upon the Supreme Court order dated 7 May 2004 that
requires water to be supplied to communities affected by industrial
wastes, the Committee directs the State of Kerala and the
industrial units of Hindustan Coca Cola, Binani Zinc, Kerala Mines
and Minerals and Kerala Newsprint to ensure that water supply
through pipeline is delivered to the residences of all the affected
communities in the vicinities of these units. The present
arrangement delivering water in tankers or in a few public
locations through public taps is unacceptable. The KPCB is directed
to set up four committees under KPCB Regional Officers in these
places to create a register of persons affected and to ensure that
the above companies install a piped water supply to the residences
of all the persons so affected. Action plan for compliance of this
direction shall be submitted within two weeks. Action shall be
completed within six months.
In relation to restoring the life of the Periyar river, the
Committee directs the KPCB to set up a Local Area Environment
Committee (LAEC) in terms of paras 52 and 55 of the order dated
14.10.2003. The LAEC will comprise the Regional Officer, KPCB, as
convenor, two representatives from the industry associations or
industrial units located in Edayar and Eloor and two
representatives of local environment groups. The LAEC will be
constituted forthwith. Costs of its working will be met by the
KPCB. Non-official members will be entitled to an honorarium or
stipend for their work on the committee. All industrial units will
be notified of the formation of the LAEC. The LAEC will have the
following terms of work, to assist the SCMC:
a) It will commence an environment audit of all the 247
industries located in the area and that are affecting the ecology
and environment and the local health of populations along the
Periyar river and in Udyogamandal industrial estate. This
environment audit will be completed in six months.
b) The LAEC will visit each of the industrial units and ensure
that the units are complying with environment laws including the
provisions of the Hazardous Waste Rules. It will ensure that there
are no illegal discharges of hazardous wastes into the Periyar
river either in the form of solid waste or liquid effluent
containing hazardous wastes.
c) It will ensure that a proper material balance is maintained
of the various chemicals and wastes used and generated in the
premises of each unit.
d) It will also ensure that all industrial units covered by the
order dated 14.10.2003 will have display boards in Malayalam and
English at the main gate accessible to all members of the public in
the vicinity.
Copies of all the consents granted to the various units under
the Water and Air Acts and the authorisations granted under the
Hazardous Waste Rules, 1989, (if any), will be handed over to the
LAEC. Any other environment information related to environment
protection of the Periyar river will be handed over if requested by
the LAEC as if it were being requested by the SCMC. Any
non-compliance in this regard should be drawn to the Member
Secretary, SCMC, for immediate redressal.
Should the SCMC find that these actions do not turn the
situation around and reverse the pollution of the Periyar river
within the stipulated period of six months, it will have no
hesitation in directing the closure of the entire Udyogamandal
industrial estate and ordering a special audit of the area. Units
will be allowed to re-open one by one thereafter only if they are
able to convince the KPCB that all measures have been installed to
ensure discharge as per EPA standards and HW Rules.
The SCMC has agonized over the hazardous state of the Periyar
river and has decided to levy a heavy collective fine of Rs.2.5
crores on the entire industrial estate of Eloor and Edayar on the
polluter pays principle. The KPCB will ensure that this amount is
collected as per the directions of the SCMC. This fine will be
utilized to monitor the health of the river, to create conditions
for the re-entry of life in the river and to restore its ecology.
The Committee feels there is no other way given the circumstances
to raise an appropriate alarm and to jolt the industrial units into
doing something drastic about the present state of affairs.
Directions in connection with individual units visited by the
Committee:
Hindustan Insecticides Ltd (HIL): The Committee visited the
plant and also queried the officials about the fire that had
engulfed the Endosulfan plant on July 6, 2004. It also inspected
the hazardous waste facility (on-site). The Committee is firmly
convinced that Hindustan Insecticides Ltd should go for closure and
that the area in which the company has been conducting its
operations should be allowed to recover from the various toxic
materials and chemicals used by the company and discharged by it
into the environment over the decades. The company should be
allowed to reopen only if it can shift to clean technology and a
new product mix. The Committee has noted that the sale and
distribution of Endosulfan in the State of Kerala is, in any event,
banned pursuant to orders of the Kerala High Court. The industry is
also violating the conditions of authorisation and shall be closed
as per order of the Supreme Court dated 14.10.2003.
Hindustan Coca Cola, Plachimada: The Committee was disturbed
that the company had, without prior approval of the authorities
concerned with agriculture, disposed of its sludge (containing
heavy metals) to farmers in the neighborhood as fertilizer. The
company was unable to convince the Committee of the source of the
toxic heavy metals found in the sludges. The Committee visited
areas around the factory affected by the unauthorized disposal of
sludge and also listened to complaints about contamination of
ground water supply. The Committee members themselves consumed the
ground water and found its taste odd. The Committee was provided
reports from various government authorities that the water was
unfit for drinking. This was not the situation prevailing prior to
the company being established in the area. As the communities
settled around the plant were from the tribal and unprivileged
communities whose life had been disturbed by the company's
activities, the SCMC had no hesitation in coming to the conclusion
that the company will take quick measures to ensure water supplies
to all the persons in the vicinity of the plant. The RO of the KPCB
to look into this and report compliance. The Committee also
directed the KPCB to ensure that all sludges dumped by the factory
outside its walls would be retrieved and placed within the new
landfill being constructed by the Company.
Pepsi plant: The SCMC visited the plant and inspected the
secured landfill for the sludge generated by the company's
activities. As the unit is located within an industrial estate,
there were no complaints from adjoining communities relating to the
activities of the company.
Pepsi and Coke plants: The SCMC, in its investigation of both
plants, discovered that the plants were withdrawing ground water
without paying any charges for the collection and sale of these
common resources. This anomaly needs to be looked into by the
authorities and is outside the purview of this Committee's work.
However, in order to reduce withdrawal of ground water, both units
are directed to install RO systems to ensure that use of public
water for effluent treatment is returned to its original condition
for re-use. This recommendation will be implemented within six
months. KPCB shall issue appropriate directions to the industries
within one week. KPCB and CPCB (Bangalore office) shall report
compliance to SCMC.
Fertilisers and Chemicals Travancore Ltd (FACT), Udyogamandal:
The Committee was told that the company was losing around Rs.200
crores every year. The Committee did not appreciate the manner in
which the company had discharged its gypsum wastes in the open
environment. It recommended that the Government of Kerala direct
the company to hand over five acres of the land degraded by such
gypsum disposal for the construction of a TSDF which could be used
to handle the wastes generated from the entire Udyogamandal area.
If the company is unwilling, the land should be acquired through
process of law under Water Act. The operator of the facility could
be asked to also secure the gypsum wastes as part of his contract
since he would be entitled to Central government subsidy for the
construction of the TSDF. The Committee feels that hazardous wastes
ought not to leave the Udyogamandal area and the facility should be
located in the same area. (Action KPCB)
Cochin Minerals and Rutile Ltd, Edayar: The hazardous waste
storage is not as per the HW Rules. The quantities at site do not
match the authorization granted. The unit has already faced closure
earlier for discharging hazardous wastes through a concealed
illegal pipeline into the Periyar river. The unit will not reopen
until and unless its pollution of the Periyar river due to this
industry is brought to a complete halt. (Action KPCB / CPCB)
Binani Zinc Limited, Binanipuram, Edayar: The SCMC visited the
area contaminated by the jarosite ponds of the company. The
pollution of ground water was observed everywhere outside the
ponds. (Later, the same evenings, photographs about the pollution
were submitted to the Committee).
The KPCB opined that the pollution may be due to the old ponds
that were sealed but which may still be leaking. The neighbourhood
residents complained to the Committee that fresh water supply from
the company in view of the pollution was woefully inadequate and
the tanker system grossly inconvenient, especially to old persons
etc.
It appeared that the company had submitted for public hearing
and had been granted environment clearance for three new ponds,
despite wholesale protests from the community.
In view of the continuing pollution from the old ponds and
suspected pollution from the new pond, the KPCB was directed to
withhold approvals for construction and authorization of any new
ponds under the HW Rules until an expert body is appointed to
examine the points of sources of pollution from the unit. The
company is directed to ensure water supply from its own treatment
plant to the neighbourhood affected, by pipeline, to individual
residences and not by tanker. KPCB in consultation with the SCMC is
requested to recommend an expert to conduct the study which should
be completed within three months. Costs of the study will be borne
by Binani Zinc. (Action KPCB)
Hindustan Newsprint Factory, Velloor, Kottayam: The SCMC visited
the area of waste treatment and disposal. It also listened to
affected persons. It found the waste disposal practices of the
company completely unacceptable: lime wastes and other wastes were
thrown all over a large wetland area adjacent to the river and the
ETP sludge and other dumped materials were allowed to overflow into
the nearby settlement where it had contaminated around 40 wells and
also the river. The company is directed to supply proper water
supply to the affected community with piped water to the residences
and not public taps as is presently arranged. The company will
radically improve its containment of the slurry ponds and lime
wastes. A local area environment protection committee may be set up
here as well. (Action KPCB)
Kerala Minerals and Metals Ltd, Chavara, Kollam: The ETP acidic
iron sludge of the public sector unit has begun to seep through the
containment and contaminated the wells of the local residents,
making them all unpotable. All the residents have been warned that
the water should not be used for drinking, bathing or even for
toilets. Water is now being supplied by the company but is woefully
inadequate. The company is to take the same measures as directed
for the other units inspected by the SCMC. Containment of the
breached sludge pond is an urgent necessity as the entire
groundwater may become permanently damaged and unfit for use. As of
now, the sludge pond violates the provisions of the HW Rules.
Authorisation must be withdrawn till the problem is resolved.
(Action KPCB)
The SCMC also visited the Cochin Port Trust, in view of a
complaint made by Southern Refineries that the waste oils from the
Port were disappearing in the hands of unauthorized processors.
However, the Deputy Chairman of the Port (Shri A. Janardhana Rao)
and Captain Alapath both assured the Committee that if this were
true, it ought to have been brought directly to their notice since
the authorized dealer is Southern Refineries only and no other
unit. They assured the SCMC that they would look immediately into
the matter and ensure corrective measures. (Action KPCB)
The Customs was visited in connection with their communication
to the SCMC dated 4.7.2004 relating to disposal of consignments
imported as furnace oil but found on testing to be waste oil -
illegal import as per the HW Rules. The SCMC informed the officers
concerned that samples may be drawn in association with KPCB and
sent to NIO to indicate presence, if any, of PCBs. If the presence
of PCBs was positive, the entire consignment shall go for
incineration. If not, they would stand confiscated and auctioned to
registered recyclers. Addresses of the importers are to be handed
over to the KPCB for further action so that the parties can be
persuaded to re-export the consignments if possible or face severe
consequences. (Action KPCB / Customs)
The SCMC was told a fresh consignment of waste oil had been
received and that the shipping company was already looking for ways
to re-export since it was paying heavy fines on a daily basis for
receiving the cargo.
CPCB (Bangalore office) shall co-ordinate the work of
implementation of the orders of the Court / SCMC and file reports
to the Member Secretary of SCMC on quarterly basis on the above
matters.
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