BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL,

Principal Bench, New Delhi

Original Application No. 64/2016 (WZ)

In the matter of:-

Akhil Bhartiya Mangela Samaj & Ors. Applicant(s)
Vs.

Maharashtra Pollution Control Board & Ors. Respondent(s)

Sr. Particulars Page

No. no.
---
1. Status Report of the committee on Action Plan for remedial measures and restoration of

contaminated water bodies in and around MIDC Tarapur in the matter of O.A. No.

64/2016 (WZ) titled as Akhil Bhartiya Mangela Samaj & Ors. Vs. Maharashtra Pollution

Control Board & Ors. in compliance to Hon'ble NGT order dated 17.09.2020.

2. Annexure-I: Copy of Hon'ble NG order dated 17.09.2020.

3. Annexure -II: Action plan for controlling the further impact on environment due to

partial/untreated effluent discharge and restoration/remediation of contaminated water

bodies in and around MIDC Tarapur.

4. Annexure -Ill: Action plan on prohibition of use of contaminated ground water in affected

areas in and around Tarapur MIDC till remediation plan is implemented.

5. Annexure-IV: Action plan on remedying the health of the inhabitants including providing

healthcare to the affected individuals of in and around Tarapur MIDC.

6. Annexure -V: Environmental Compensation calculation applicable on the 25 MLD CETP

operator for continued violations till the reported period i.e. 28/12/2020.

7. Appendix-A: Daily water supplied to MIDC Tarapur & effluent pumped into/from the

CETP.
- - -
8. Appendix-B: Analysis results of inlet and outlet effluent of the 25 MLD CETP and the new

CETP (as sampled & analysed by MPCB).

(Ajay Aggarwal)
Scientist-E
Central Pollution Control Board,
Parivesh Bhawan, East Arjun Nagar,
Delhi 110032.

Date: 11.01.2021
Place: Delhi
Status Report of the Committee on Action Plan for remedial measures and restoration
of contaminated water bodies in and around MIDC Tarapur and their compliance
status in compliance with order dated 17/9/2020 of the Hon’ble National Green
Tribunal in the matter of Original Application No. 64/2016 (WZ); Akhil Bhartiya
Mangela Samaj & Ors. Versus Maharashtra Pollution Control Board & Ors.

1. Background

The Hon’ble National Green Tribunal (NGT) vide its order dated 17/9/2020 in the matter of
Original Application No. 64/2016 (WZ); Akhil Bhartiya Mangela Samaj & Ors. Versus
Maharashtra Pollution Control Board & Ors. directed as below:

“… 11. In view of the above, we direct that the reports of the Committee be acted upon
and further steps taken for preventing damage to the environment and for its restoration.
The restoration measures will include improvement of quality of environment as well as
remedying the health of the inhabitants, including providing healthcare to the affected
individuals. The amount assessed be recovered and if there is nonpayment, the statutory
regulatory bodies will be free to take coercive measures, including closure of the polluting
activities. The same be utilized for restoration of the environment in terms of an action
plan.
12. The Committee already constituted will continue to function to oversee the remedial
measures and will also include District Magistrate, Palghar. The nodal agency for
coordination will be the CPCB and the District Magistrate. The Committee may prepare
a restoration plan within one month. The timeline for execution should be as expeditious
as possible. It will be open to the Committee to associate any other expert/institution and
decide the mode of execution of the restoration plan. MPCB may, inter-alia, monitor
water quality of creeks, water bodies in vicinity and ground water quality particularly of
potable sources in use with reference to parameters relevant. The Committee may meet
atleast once in a month and in case physical meetings are not viable, virtual meetings
may be organized.
13. The Committee may give a status report of the steps taken after three months by e-
mail at judicial-ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF
and not in the form of Image PDF.

The application stands disposed of except for consideration of the status report to be
filed.

All pending applications will also stand disposed of.

List for further consideration on 11.01.2021.”

Copy of the aforesaid order dated 17/9/2020 of the Hon’ble Tribunal is given at Annexure- I.

1
In order to comply with the aforesaid order of the Hon’ble Tribunal, the committee already
constituted earlier with inclusion of District Magistrate Palghar held 07 meetings through video
conferences during October-December 2020 on 1.10.2020, 8.10.2020, 22.10.2020,
5.11.2020, 19.11.2020, 4.12.2020 and 29.12.2020. The said committee including District
Magistrate Palghar comprised of the following:

1. Dr. Manik Gursal, Collector and District Magistrate Palghar.

2. Prof. Chinmay Ghoroi, Indian Institute of Technology, Gandhinagar.
3. Prof. Anish Sugathan, Indian Institute of Management Vastrapur, Ahmedabad.
4. Shri Hemant Bherwani, Scientist, Director’s Research Cell National Environmental
Engineering Research Institute (NEERI) Nehru Marg, Vasant Nagar, Nagpur.
5. Shri D. B. Patil, Regional Officer, Navi Mumbai, Maharashtra Pollution Control.
6. Shri Bharat K Sharma, Regional Director, Regional Directorate, Central Pollution
Control Board, Pune.

2. Preparation of Action Plan for remedial measures and restoration

of contaminated water bodies in and around MIDC Tarapur

The aforesaid committee prepared an action plan for remedial measures as per the earlier
report (which has been accepted by the Hon’ble Tribunal and directed to be acted upon vide
the aforesaid order dated 17/9/2020) as well as remedying the health of the inhabitants,
including providing healthcare to the affected individuals. The concerned agencies i.e. MPCB,
MIDC, Zilla Parishad Palghar, Central Ground Water Authority Nagpur, and CETP operator
(M/s TEPS-CETP) were asked to submit their action plan. The compliance status have been
reviewed during the aforesaid meetings by the committee.

Continuation of non-compliance of the 25 MLD CETP and also lack of an effective action
points/measures from the concerned organizations have been observed and the same have
been raised by the committed several times until MPCB’s revised action plan was discussed
during the 05th meeting held on 04.12.2020. MPCB addressed the basic up-
gradation/retrofitting plan of CETP and the other action points required to meet the inlet and
outlet norm for CETP effluent including the other environmental restoration/remedial
measures.

Action plan for controlling the further impact on environment due to partial/untreated effluent
discharge and restoration/remediation of contaminated water bodies in and around MIDC
Tarapur, as prepared by committee, is given in column no. 2 and 3 of the table given at
Annexure-II. The same has been prepared in line with the recommendations made in the

2
committee's report accepted by the Hon'ble NGT and directed to be acted upon vide the
aforesaid order dated 17.09.2020 of the Hon'ble NGT. The action plan on the prohibition of
the use of contaminated ground water in affected areas and remedying the inhabitants' health,
including providing healthcare to the affected individuals in and around Tarapur MIDC have
also been prepared and given at Annexure-III and Annexure- IV respectively.

3. Status of works/remedial measures undertaken as per the Action Plan

All the aforesaid action plans given at Annexure- II, III and IV also outline action points and
their compliance status by the corresponding agencies as on 28.12.2020 and following are
the brief of works/remedial measures undertaken as per the said compliance statuses:

3.1 Control of further impact on environment due to partial/untreated effluent discharge

Based on compliance status, as reported by MPCB, as given at Annexure-II, the following

works/remedial measures have been undertaken to control further impact on environment due
to partial/untreated effluent discharge:

(a) One module of 12.5 MLD out of the 04 modules (50 MLD) of the new CETP has been
commissioned w.e.f. 22/11/2020. About 1.5-8.4 MLD is being received to the new
CETP which currently has pipeline connection for conveying effluent as inlet only
through Sump 1 of the existing 04 pipeline connections (i.e. Sump 1, 3, 4 and Gravity
Mains) used for conveying effluent to the old 25 MLD CETP.

(b) The 25 MLD CETP has voluntarily shutdown its operation for upgrading/retrofitting
w.e.f. 26/11/2020 during which member units connected to this CETP also voluntarily
closed their wastewater generation processes. The CETP is expected to start with 07
MLD effluent inlet from 30/12/2020. Details of water supplied and effluent generation
and disposal of treated effluent are given at Appendix A.

(c) Reduction of water supply in MIDC Tarapur from 38 MLD to about to 25 MLD during
the aforesaid volunteer shut down period of the 25 MLD CETP.

(d) Besides earlier on-going weekly monitoring by MPCB, daily monitoring of inlet and
outlet of the 25 MLD CETP from 26/10/2020 up to 26/11/2020 (till the CETP was in
operation) were carried out. Thereafter, samples have also been collected & analysed
up to 07/12/2020. The analysis results are given at Appendix B.

(e) MPCB has deployed teams from 18/11/2020 for identification of units not complying
with the CETP inlet effluent norms. 226 industries have been monitored so far.

3
 (f) District Magistrate, Palghar, has issued order on 04.12.2020 under section 144 and
133 under the Criminal Procedure Code 1973, banning water tanker movement in
Tarapur MIDC w.e.f. 05/12/2020 to 02/2/2021 except Fire Tender vehicles and in
extraordinary situations with written permission from MIDC.

(g) Completed removal of deposited sludge from various CETP inlet and outlet sumps
(Sump 1, 2 and 3) and module 1 (Equalization tank; Primary settling tank; Aeration
Tank and Secondary clarifier) of the two modules of the 25 MLD CETP and common
Collection tank and common Oxidation tank.

Further, for improvement in overall scientific operation and maintenance of the 25

MLD CETP works such as replacement of old SS-316 sluice gates within equalization
tank inlet with new sluice gates; floating aerators to submerged mixers in collection
equalization tank and scrapping system in primary floculators and secondary clarifiers
with new SS-316 scrapping system, etc. have been completed in the 25 MLD. Other
activities are proposed/under process such as installation of SCADA; development
of facility to treat high COD and high TDS streams, up gradation of CETP, etc., as
given at Annexure-II.

3.2 Restoration/remediation of contaminated ground water and drains and, if

applicable, the two creeks (Navapur Dandi Creek and Kharekuran Murbe Creek) and
seashore also

The committee’s report, which has been accepted and directed to be acted upon by the
Hon’ble NGT, outlines – (i) selection of consultant to prepare Detailed Project Report (DPR)
and provide consultancy services for remediation of contaminated ground water and drains as
well as control impact on the water bodies from the drains/CETP outlet for the Phase-I
(detailed investigation, remediation plan, etc.) and Phase-II (execution as per the remediation
plan) activities; (ii) execution as per the DPR; (iii) recovery of derived damage and restoration
cost from the respective 103 polluting units (who have also been directed to pay the same
vide order dated 17/9/2020 of the Hon’ble NGT) to meet the said expenses on remediation
expenses. The compliance status given at Sl. No. 16 to 20 of the Table at Annexure-II reveal
that:

(a) Work of finalization of IIT Mumbai as consultant is in progress by MPCB and has
already discussed this issue in length with IIT and NGRI, Hydrabad.
(b) MPCB has issued the directions on 23/10/2020 to all 103 units for deposition of
damage and restoration cost. One unit has deposited damage and restoration cost
of Rs. 14.23 lakh. Initiation of necessary action against the 102 units is in progress
by MPCB in the light of the Hon’ble Supreme Court order dated 14/12/2020.
4
 (c) MPCB has decided to meet the remediation cost from the polluting units incase
recovery of the damage and restoration cost from the units is delayed or not met
partially or fully due to one or other reasons at any stage.

3.3 Prohibition of use of contaminated ground water in affected areas

(a) Ground Water Surveys and Development Authorities(GSDA) Palghar, and Sub-
divisional Water Testing Laboratory carried out sampling and analysis of 86 water
samples from Government marked bore wells or dug wells, and 535 water samples from
private bore wells, of that 5 government and 61 private samples were found unfit for
consumption due to iron and turbidity. Heavy metals were also tested in 10 randomly
selected samples and were found within the prescribed limit for drinking water.
However, the committee observed that limited parameters were carried out during such
sampling and analysis and various pollutants expected to be present in the ground water
due to industrial activities of Tarapur MIDC were not carried out such as Ammonia,
Phenolic compounds, PCB, Pesticide and PAH besides heavy metals.

(b) It was informed that the aforesaid 13 Grampanchayat and 16 village are having regional
water supply scheme by MIDC for drinking purpose and it was also observed during
their survey that the aforesaid sources are not used for drinking purpose and are used
for domestic purpose like washing utensils, clothing, etc.

3.4 Remedying the health of the inhabitants including providing healthcare to the
affected individuals of in and around Tarapur MIDC

(a) 16 villages (having 24,815 households with population of 91,016) have been identified
which may potentially have health impact on the basis of representation received from
applicant of the OA No. 64/2016 (WZ) i.e. Akhil Bhartiya Mangela Samaj to DM Palghar
as affected villages.

(b) Training to 129 healthcare officials have been imparted for active and passive health
survey, screening and specialist camp.

(c) 55,844 among the aforesaid population of 91,016 have been covered in house-to-
house health survey conducted by District Health Officers/Taluka Health Officers. The
rest population goes out for work and hence could not be covered in the survey. The
following suspected persons have been surveyed:

5
 (i) Skin infection = 361
(ii) Respiratory ailments = 100
(iii) Tuberculosis = 14
(iv) Suspected cancer symptoms = 21

(d) Health screening camps for the surveyed people (planned during December 2020 but
could not be done due to other activities of National Programmes) will be arranged in
3rd week of January 2021. Thereafter, Specialist camp for follow up of screened
/identifies patients will be conducted in the 4th week January or 1st week of February.
Distribution of medicine and patients referral to tertiary healthcare centre will be carried
out as per the requirement with effect from February 2021.

4. Recommendations

4.1 Control of further impact on environment due to partial/untreated effluent discharge

Although various works/remedial measures have been undertaken, as stated at para 3.1
above, w.r.t. the 25 MLD (old CETP) which is continuously non-compliant since the reported
period from 2011 (as mentioned in the committee’s report submitted to the Hon’ble NGT) but
- (i) continued non-compliance of inlet and outlet effluent of CETP even after the aforesaid
order dated 17/9/2020 of the Hon’ble NGT till its volunteer closure for up-gradation/retrofitting
on 26/11/2020 (ii) not able to identify/list out units contributing to the higher hydraulic load
and/or higher concentrated effluent to the CETP despite surveillance by separate teams of
CETP and MPCB during such period, and; (iii) continued effluent discharge to CETP and
discharge of effluent from CETP through sumps (though small in quantity of about 01-02 MLD)
even during the said volunteer shut-down of CETP; reveal that there may be lack of
system/arrangement to identify units who contribute higher concentrated effluent or higher
hydraulic load to the CETP occasionally or continuously.

It is recommended that:

(i) resumption of the 25 MLD CETP expected from 30/12/2020 may not be allowed by
MPCB unless – (a) CETP operator or MIDC (who conveys effluent from units to CETP)
individually or collectively takes the responsibility that they have mechanism in place
to identify and report non-compliant units in the event of every occasion of higher
hydraulic load/effluent quality being received at the CETP, and (b) the CETP
demonstrates compliance to the prescribed outlet norms.

6
 (ii) If the CETP’s volunteer shutdown continues, there is a need to assess supplied water
(25 MLD) to MIDC Tarapur. Water intake/usage of individual units connected to the 25
MLD old CETP is to be correctly quantified (during the shutdown period) and compared
with the water use pattern during normal operation period. MPCB should properly
review the same.

(iii) environmental compensation of Rs. 14,70,000/- (Rupees Fourteen lakhs seventy

thousand only), may be imposed (calculation details given at Annexure- V) on the 25
MLD CETP operator and collected by MPCB for violating the prescribed inlet/outlet
effluent norms w.e.f. 17/10/2020 (as order dated 17/9/2020 of the Hon’ble NGT).
Hon’able NGT has directed that the reports of the Committee be acted upon and the
committee’s report outlines. Accordingly, in case the suggested measures are not
implemented effectively and CETP (either existing or new) continues to perform non-
compliance to the inlet/outlet norms for a month, and that no alternate arrangement is
in place for disposal of effluent, MPCB may close operation of CETP including its
member units (who discharge their effluent to the CETP) till the compliance is
achieved. Whereas the 25 MLD CETP continued the violations till the analysis reported
period i.e. 07/12/2020 (except on 28/11/2020). MPCB didn’t close the CETP and
CETP continues to receive effluent and discharge the same till the reported period of
28/12/2020. MPCB need to take appropriate step as per the Hon’ble NGT order.

(iv) MPCB shall supervise generation of sludge and their proper storage and disposal
including record maintenance during desludging of various sumps and treatment
units/tanks of CETP in accordance with provisions of the Hazardous and Other Waste
(Management and Transboundary) Rules, 2016.

(v) MIDC shall ensure that abandoned old effluent conveying pipeline system in Tarapur
is not being used for illegal discharges of effluent. The same be dismantled in time
bound manner for which action plan be submitted to MPCB.

4.2 Restoration/remediation of contaminated ground water and drains and, if

applicable, the two creeks (Navapur Dandi Creek and Kharekuran Murbe Creek)
and seashore also

There is need to expedite selection of consultant by MPCB to prepare Detailed Project Report
(DPR) and provide consultancy services for remediation of contaminated ground water and

7
drains as well as control impact on the water bodies from the drains/CETP outlet for the Phase-
I (detailed investigation, remediation plan, etc.) and Phase-II (execution as per the remediation
plan) activities which has not been completed even after 03 months of order of the Hon’ble
Tribunal.

The DPR preparation, detailed investigation/assessment, selection of remediation target level

and appropriate remediation technologies and execution thereof will proceed only after
selection of suitable consultant. MPCB shall, therefore:

(i) complete selection of consultant on priority within a month and proceed DPR
preparation, detailed investigation/assessment, selection of remediation target level
and appropriate remediation technologies and execution thereof, etc. as
recommended in the committee’s report.

(ii) proceed for recovery of the damage and restoration cost from the 103 units of the 102
units who have not yet deposited the same in accordance with order dated 17/9/2020
of the Hon’ble NGT and order dated 14/12/2020 of the Hon’ble Supreme Court.

4.3 Prohibition of use of contaminated ground water in affected areas

Although regional water supply scheme prevails in all the aforesaid 16 village and District
Water and Sanitation Mission (DWSM) Palghar, has issued letters to BDO Palghar and
concern Gramsevak for not to use the ground water for drinking purposes from the aforesaid
5 and 61 contaminated sources, however, for effective stoppage of use of drinking water from
the contaminated ground water sources, there is need to;

(i) Issue order by Zilla Parishad to ban use of ground water for drinking purpose unless
water samples are analyzed comprehensively with respect to parameter expected to
be contaminated due to industrial activities of MIDC.
Advertisement in the local newspaper may also be issued in this regard as suggested
by the committee in its 07th meeting held on 29/12/2020.

(ii) identify villages other than aforesaid 16 villages which may potentially have impact due
to industrial activities of Tarapur MIDC by the GSDA Palghar based on aquifer
recharging and ground water flow data and, if need be, similar remedial approaches,
as above for the said 16 villages, be extended to the identified villages.

8
4.4 Remedying the health of the inhabitants including providing healthcare to the
affected individuals of in and around Tarapur MIDC

(i) Advertisement about the on-going/ proposed house-to-house survey, health screening
camp and specialist camp, etc. in the aforesaid 16 villages may be done in local
newspaper.

(ii) Health impact due to legal discharge from Tarapur MIDC may be in other villages also
other than aforesaid 16 villages which were selected as affected villages on the basis of
application of the applicant i.e. Akhil Bhartiya Mangela Samaj to the District Magistrate
Palghar. To begin with secondary health data from primary health centre/ sub-centre in
and around Tarapur MIDC population may be analyzed by DHO and the on-
going/proposed house-to-house health survey, health screening camps, specialist
camp, distribution of medicine and patients referral to tertiary care healthcare centre,
etc., be extended to the identified affected villages.

5. Conclusions

The committee has completed preparation of Action Plans on Control of further impact on
environment due to partial/untreated effluent discharged and Prohibition of use of
contaminated ground water in affected areas and Remedying the health of the inhabitants
including providing healthcare to the affected individuals of in and around Tarapur MIDC and
also overseen their implementation during seven meetings conducted by the committee during
Oct-Dec 2020. Status of works/remedial measures undertaken as per the Action Plan and
recommendations are given under paras 3 and 4 above.

The compliance statuses reveal satisfactory progress towards Prohibition of use of

contaminated ground water in affected areas and Remedying the health of the inhabitants
including providing healthcare to the affected individuals.

However, towards control of further impact on environment due to partial/untreated effluent

discharge and Restoration/remediation of contaminated water bodies in and around MIDC
Tarapur, there needs serious interventions including closure of the 25 MLD CETP as
recommended under para 4.1 above. Since the action plan in this regard has already been
prepared, the Hon’ble NGT may kindly consider further supervisions of the same under the
Department of Environment, Govt. of Maharashtra, Department of Industries, Govt. of
Maharashtra, and MPCB ensuring that concerned agencies effectively and expeditiously

9
 ;o

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10
 Annexure- I

Item No. 02 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

(By Video Conferencing)

Original Application No. 64/2016 (WZ)

(M.A. No. 375/2017& I.A. No. 93/2020)

(With reports dated 18.06.2020 & 27.07.2020)

Akhil Bhartiya Mangela Samaj & Ors. Applicant(s)

Versus

Maharashtra Pollution Control Board & Ors. Respondent(s)

Date of hearing: 17.09.2020

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant(s): Ms. Gayatri Singh, Senior Advocate and Ms. Meenaz Kakalia,
Advocate

Respondent(s): Mr. Devashish Bharuka and Mr. Amit Agashe, Advocates for R-3
and 9
Mr. Aman Bhalla, Advocate for CPCB
Mr. Mukesh Verma, Advocate for MPCB

ORDER

1. This application seeks direction to close polluting industries

discharging effluents in the Arabian Sea and a direction not to grant

permission for new industries till CETP norms are complied. Further

prayer is to issue direction for restoration of the ecology of the area,

including marine life, clearing the sludge and preventing discharge of

untreated effluent into the Navapur river. Other incidental directions

have also been sought. The area in question is in the vicinity of Tarapur

MIDC in Palghar District, on the outskirts of Bombay in Maharashtra.

11
The affected water bodies include Murbe creek running through Murbe

till Mahagaon, Murbe-Satpati creek and the Navapur-Dandi creek. The

villages affected include Tarapur, Kamboda, Ghivali, Uchchheli, Dandi,

Navapur, Alevadi, Murabe, Kharekuran, Satapati, Shirganv, Wadarai,

Tembi, Dadara, Mahimand Kelave.

2. The application was filed before the Western Zonal Bench of NGT

in the year 2016 and after issuing notice to the concerned parties, orders

were passed from time to time. It will be suffice to refer to the last order

dated 26.09.2019 which sums up the issue before the Tribunal and by

which an Expert Committee was constituted to assess the extent of

damage to the environment, after giving hearing to the CETP operator

and the alleged polluting units, represented by respondents 3 and 9. The

amount assessed is to be utilized for restoration of environment.

Reference was made to an earlier order of the Tribunal in O.A. 95/2018,

Aryavart Foundation v. M/s Vapi Green Enviro Ltd. & Ors., dealing with

the grievance against pollution caused on account of deficiencies in

another CETP in Vapi, Gujrat. The Tribunal also directed collection of

interim compensation from the alleged polluting units as well as CETPs

at the scale specified in the order. The operative part of the order dated

26.09.2019 is as follows:

“7. In Original Application No. 95/2018 in the matter of “Aryavart

Foundation v. M/s Vapi Green Enviro Ltd. & Ors.” in a similar
situation prevailing in the Vapi Industrial Cluster, the Tribunal
had passed certain directions. Considering the identical
nature of the issues involved, we pass the following directions
as in that case:

(i) We direct constitution of following Committee to assess

the extent of damage and cost of restoration of the
environment and individual accountability of CETP and
polluting industrial units:

a) Representative of CPCB.
b) Representative of IIM, Ahmadabad.

12
 c) Nominee of IIT, Ahmadabad.
d) Scientist nominated by NEERI.
e) Representative of GPCB.

(ii) The Committee may give its report within three months.
The Committee will be entitled to take any factual or
technical inputs in the manner found necessary. CPCB
will be the nodal agency for the purpose. The Committee
may also suggest steps for restoration of the
environment.

(iii) The Committee may give hearing to the CETP operator

and the units identified as polluting by the GPCB for
which list will be furnished by the GPCB to the
Committee indicating the period and nature of default
within one month.

(iv) The GPCB may inform the defaulting units for

compliance of this order.

(v) The GPCB may also consider exercise of its statutory

powers of prosecution which power is coupled with
duty.

(vi) Having regard to the entirety of the fact situation in the

present case, we direct that, except for the green and
white categories of industries, other category of
defaulting industries connected to the CETP, shall
deposit with the CPCB the following amounts towards
interim compensation within one month:

a) Large Industries – Rs. 1 Crore each.

b) Medium Industries – Rs. 50 Lakhs each.
c) Small Industries – Rs. 25 Lakhs each.

(vii) The CETP on its part shall deposit a sum of Rs. 10

Crores with the CPCB towards interim compensation
within one month.

(viii) The amount may be utilized by the CPCB for restoration

of the environment.

(ix) The CPCB shall undertake jointly with GPCB extensive

surveillance and monitoring of the CETP at regular
intervals of three months and submit its report to this
Tribunal.

(x) Copy of the order may be sent to CPCB by email and all
reports in pursuance of the above directions be sent to
this Tribunal at judicial-ngt@gov.in.”

The typing error of GPCB in place of MPCB was directed to be

corrected by a later order.

13
 3. Accordingly, the CPCB has filed its report dated 18.06.2020 on

behalf of the Joint Committee recording that there is damage to the

environment. Deficiencies found include discharge of waste water beyond

prescribed norms, absence of proper management of sludge, violation of

parameters in inlet and outlet of the CETP, contamination of ground

water. It is found that restoration measures are required. Each aspect

has been discussed in detail. The CETP and the industrial units have

been given hearing. We may reproduce the conclusions of the

Committee:-

“CONCLUSIONS AND MEASURES FOR RESTORATION OF THE

ENVIRONMENT

8.1 PERFORMANCE OF CETP AND MEASURES REQUIRED

The CETP Tarapur is violating effluent discharge standards as

well as CETP inlet design/inlet standards during the reported
period of 28/4/2011 to 30/11/20191. The CETP is not adequate to
treat the effluent currently being received. Besides it is also operating
at beyond its hydraulic load capacity of 25 MLD and resulting into the
overflow from the CETP during such duration and such overflow
effluent is being discharged into to drains leading to other water
bodies (creeks, sea and ground water).

8.1.1 PERFORMANCE OF CETP (details given under chapter

3):

8.1.1.1 Exceedance of parameters in previous sampling

& analysis

(a) The analysis results (samples collected at 1 to 5 occasions in

a month) of MPCB of the past five years since the year of
application filed in the Hon’ble NGT by the applicant during the said
reporting period of 28/4/2011 to 30/11/20191 reveal that:

(i) COD and BOD has hardly complied with the CETP outlet
standards prescribed under the Consent to Operate while
SS has not continuously complied. The average exceedances
are more than 3, 10 and 2 times to the said standards

1
This reporting period has been considered by the committee for the purpose of its report only
so as to limit the period taking reference from section 15(3) of the National Green Tribunal Act,
2010 as mentioned in Chapter 5 of this report.

14
 respectively since 2011 (may refer Fig. 3.4 and Fig. 3.5 and
Annexure III). pH and O&G show consistent compliance with the
stipulated CETP outlet standards.

(ii) COD concentration in CETP inlet is not complying

continuously to the design norms while BOD is also
intermittently not complying since 2011 (may refer Fig. 3.4
and Fig. 3.5 and Annexure III). The average exceedances of COD
and BOD are more than 2 times to the said design norms. SS, pH
and O&G are complying with the CETP inlet design
norms/standards.

(b) The sampling & analysis carried out jointly by CPCB and
MPCB at various occasions (refer Table 3.4) during the said
reporting period also reveals that the CETP did not meet discharge
standards.

(i) The concentration of COD, BOD, Ammonical Nitrogen, Phenols,

TSS and TDS in CETP outlet exceed the outlet standard
prescribed under the Consent to Operate in all the 02 samples.
The same exceed more than 4 to 15 times, 5 to 47 times, 1 to 8
times, 1.4 to 20 times, 1.28 to 20 times and 40.5 to 100.8 times
respectively to the said standards.

(ii) In the inlet effluent also, Ammonical Nitrogen exceeded the inlet
standard prescribed under the Consent to Operate in all the inlet
samples except in one sample. The same exceed more than 2 to
7 times the inlet standard. COD and BOD also exceeded 1.5
times and 1.3 times respectively in one of the samples.

8.1.1.2 Overflow from the CETP

Though there is no proper arrangement to measure CETP inlet

effluent as the flow meter installed at post equalization tanks which
may not measure the overflow from equalization tanks or before.
However, based on data provided by the CETP operator, the
monthly daily average CETP inlet effluent quantity has
exceeded for 75 months than the designed capacity of 25 MLD
(refer Annexure IV). During such 75 months, the said average inlet to
the CETP has been reported as 25.27 MLD having maximum monthly
average daily inlet effluent quantity as 26.343 MLD against the said
design of 25 MLD. This inlet overflow having high concentration of
pollutants is discharged into the drains and leading to other
waterbodies (creeks, sea and ground water).

8.1.1.3 Exceedance of parameters during Sampling &

Analysis carried out during the visit of the committee to
CETP on 13/11/2019

15
 The analysis results of various samples collected during the visit of
the committee and analysed in MPCB laboratory reveals that (refer
Table 3.9):

(a) among the anaylsed parameters, COD exceeds more than

9 to 11 times; BOD 39 to 45 times; TSS more than 4
times; Phenols more than 1 to 2 times to the CETP outlet
standards prescribed under the Consent to Operate.
Further, Iron and Arsenic also exceeded more than 28 to 44 and
17 to 64 times respectively to the said standards.
(b) BOD, COD and Phenols of influent is also exceeding more
than 02 times, 1.6 times and 1.8 times respectively of the
inlet design norm/standard.

8.1.1.4 Other observations made by the Committee during

the visit on 13/11/2019

(a) The tertiary treatment (comprising Pressure Sand and

Activated Carbon Filter) was observed to be defunct since long
time.

(b) The inlet design norms of CETP are BOD: 1500 mg/l & COD:
3500 mg/l. However, with the present way of functioning of CETP
comprising primary, secondary and defunct tertiary treatment (Sand
& carbon Filtration), meeting of outlet standards (BOD: 30 mg/l,
COD: 250 mg/l) prescribed by MPCB is not possible.

(c) There were leakages from pipes & pumps and overflow of
effluent from some units (equalization tanks/aeration tanks).

There was heavy smell of SVOCs/VOCs (solvents/chemicals)

near the inlet sumps. Inlet of CETP (with BOD: 3150 mg/l & COD:
5680 mg/l) indicating that member industries discharging their
untreated/partially treated effluent to CETP without conforming the
inlet design norms of CETP. There is no separate arrangement for
high COD and high TDS effluent. Also, no arrangement for treating
the refractory COD. Thus, the operation of CETP is not efficient to
meet the prescribed norms.

CETP is not designed for such high strength effluent. CETP

has no proper mechanism in place for routine monitoring of
individual defaulter member units.

(d) The flow meters and Online Continuously Monitoring System

are not functioning consistently. The inlet flow meter has been
provided after equalization tanks which may not take into account of
overflow from or before of the equalization tanks.

16
(e) Significant quantity of sludge is deposited (approx.-2400
MT) in the MIDC Sump-2 (10.56 Million Liters- capacity) where
treated effluent is collected and thereafter conveyed to the sea
shore through BPTs. Overflow/leakages were also observed from
this sump to nearby natural drain which meets with Navapur
Dandi Creek and further to the Arabian Sea. CETP operator
informed that the operation of this Sump is under MIDC and
responsibility lies with MIDC for proper maintenance and
removal of sludge from sump.

(f) Inlet effluent quality standards are yet to be prescribed by

MPCB for BOD & COD in the Consent of CETP as per MoEF&CC
Notification dated 01.01.2016. The Consent stipulates that “Only for
SSI units (having less than 25 CMD discharge effluent) BOD: 1500
mg/l and COD: 3500 mg/l is allowed and for rest of the industries,
treated effluent as per their respective consents standards i.e. COD:
250 mg/l are allowed”.

(g) MPCB has authorized 07 Metric Ton/Day as CETP Sludge in

the Authorization dated 29/11/2019 under Hazardous Waste (M, H
& TM) Rules, 2008 for treatment and disposal of Hazardous Waste.
The quantum of sludge generation in the CETP is more than such
specified quantity.

(h) The stock of sludge about 750 MT stored in the premises

shows storage of the same beyond the prescribed storage duration
stipulated under the Hazardous and Other Wastes (Management and
Transboundary Movement) Rules, 2016. The same require to be
disposed immediately to the CHWTSDF.

(i) CETP needs thorough up-gradation/revamping of its

units/processes in terms of capacity, retention time,
automatic chemicals dosing, scraping mechanism, aeration
tanks, aeration capacity, de-sludging, transfer pumps &
pipelines, removal of corrosion affected equipment/materials,
decanters and its capacity, sludge drying beds, etc. Moreover,
persons at CETP need to be more sensitized through constant
follow up and training.

8.1.2 MEASURES REQUIRED

In view of consistent gross violation of the CETP w.r.t. influent flow

and quality both exceeding the inlet design parameters; outlet
effluent quality grossly exceeding the prescribed outlet standards;
overflows from CETP to surroundings, and; CETP not adequate to
meet the prescribed outlet standards; the following measures, most
of which have also been recommended in the joint inspection report

17
of MPCB & CPCB submitted to the Hon’ble NGT by CPCB vide email
dated Jan 02, 2020, are recommended:

1. Immediate measures:

(a) In order to control further impact on water bodies (Drains,

Creeks and Sea), the capability of CETP be immediately
assessed in terms of hydraulic load and inlet effluent
quality that the CETP is able to meet the outlet norms
(stipulated under the Consent to Operate by MPCB) as per
the existing infrastructures. The said assessment
studies may be carried out by MPCB through the expert
institute.

(b) Based on the above assessment, the CETP shall receive only
such limited hydraulic load and influent quality as prescribed
in the said assessment. In order to ensure the same, the
following may need to be enforced immediately after the said
assessment and MPCB should constantly overview the
activities of CETP:

(i) MIDC to:

a) Remove deposited sludge (approx.-2400 MT) in the

MIDC Sump-2 (10.56 Million Liters- capacity) where
treated effluent is collected and also from other
sumps/tanks, if any.
b) Ensure that the supply of water to MIDC Tarapur is
so reduced (as compared to the current supply) and
distributed that inlet quantity to CETP does not
exceed the above prescribed CETP hydraulic load.
Ensure that no overflowing/leakages from
sumps/tanks etc. takes place during conveying the
effluent to CETP or from CETP to seashore.
c) ensure that no bore wells operate in MIDC Tarapur
to ensure the CETP hydraulic load does not exceed.

(ii) MPCB in association with CETP shall identify units not

having adequate facilities to meet the aforesaid
assessed CETP inlet effluent quality and such units be
directed to segregate their high concentrated effluent
and be stored separately at existing CETP or new
CETP in case such storage is available at the new
CETP or dispose of in Common TSDF Taloja for
incineration. Such storage should not be allowed
beyond 06 months. Storage and disposal of the same
should be closely monitored by MPCB at regular
intervals.

(iii) CETP must also initiate actions to identify units who are
discharging higher concentration effluent and/or higher
effluent quantity to CETP and shall stop such units from
discharging into CETP immediately. The same shall

18
immediately be reported to MPCB who may take actions in
addition to closure of such units. The CETP should also
develop round the clock surveillance mechanism to identify
the member units discharging more than higher
concentration at inlet of CETP.

MPCB shall also monitor CETP inlet and outlet effluent

preferably on the daily basis.

In case if the above measures are not implemented

effectively and CETP (either existing or new) continues to
perform non-compliance to the inlet/outlet norms for a
month, and in case no alternate arrangement is in place
for disposal of effluent, MPCB may close operation of
CETP and its member units who discharge their effluent
to the CETP till the compliance is achieved.

2. CETP shall take all necessary measures to control the

influent quality & quantity besides improvement in overall
scientific operation & maintenance of CETP with trained
manpower and adequate analytical facility to keep watch
on operational parameters at every stage of operation on a
regular basis.

3. There should be proper surveillance of all units

and the penalty mechanism for the defaulter units to
be derived by M/s TEPS –CETP for member industries
in addition to inspections of MPCB to ensure that all
the member industries discharge the trade effluent
meeting the norms as per their consent.

In case of non-compliance observed during M/s TEPS-CETP

monitoring surveillance, the list of defaulting industries
should be provided to MPCB from time to time for necessary
action against such units. MPCB should take stringent
action against industries as found in surveillance of MPCB
& TEPS including the recovery of environmental
Compensation and prosecution of industries as per
environmental laws.

4. There is urgent need of common facilities such as

Common MEE and Common Spray Dryer for High COD and
High TDS effluent and such types of effluent should be
separately collected and transferred to common MEE and
Spray Dryer facilities with identification of such industries.
Similarly, there should be some advanced method (such as
advanced oxidation, Ozonation etc.) to reduce the significant
COD. CETP may ensure commissioning of the same at the
earliest. Till the same is commissioned, high COD and high

19
 TDS effluent be stored at suitable place in case available at
the new CETP under commissioning stage, for not more than
06 months, otherwise such effluent be disposed in Common
TSDF Taloja by incineration. Storage and disposal of the
same should be closely monitored by MPCB at regular
interval and operation of such violators be closed besides
other necessary actions by MPCB.

5. SCADA system for monitoring quality and quantity of

individual member industry be commissioned by the CETP
operator in association with industries and MIDC within 04
months. MPCB may ensure timely commissioning of the
same.

6. CETP shall regularly send the CETP sludge to

CHWTSDF for proper disposal.

7. The 55 units of 1216 industrial units in MIDC Tarapur,

which are not member of the CETP, may be examined by
MPCB w.r.t. waste water generation from their processes. In
case it is found that their processes generate wastewater,
necessary action be taken by MPCB.

8. MPCB to review authorization of CETP in terms of

sludge quantity.

9. CETP is also required to work upon housekeeping of

entire premises with cleanliness, plantation, internal roads
etc.

8.2.1.2 DAMAGE TO THE WATER BODIES AND

RESTORATION STEPS

8.2.1 DAMAGE TO THE WATER BODIES (details given under

chapter 4):

The samples collected from various water bodies (drains, creeks, sea
beach and ground water) in and around water bodies during
November-December 2019 and their analysis results reveal that
ground water and drains are contaminated and there are
impacts on creeks and seashores. Industries are discharging
untreated effluent/solvent/chemicals to the drains of Tarapur
MIDC. The polluted effluent from drains are received in creeks
and finally to seashores. Seashore also receives effluent from
the CETP not meeting to the discharge standards.

8.2.1.1 Drains passing through Tarapur MIDC

Water in drains in and around Tarapur MIDC area is contaminated

with elevated levels of TDS, BOD, COD, TSS, Fluorides and Phenols
besides acidic water in one or more drains - when compared with

10

20
recommended screening standards for inland surface water in
MoEF&CC’s “Guidance document for assessment and remediation of
contaminated sites in India”. Further, odour and colour was also
observed in drain waters. Dissolved oxygen was absent in
four of the 09 monitored drains. These indicate that
industries are discharging untreated
effluent/solvent/chemicals to the drains.

Sediments were not exceeding screening levels prescribed in

aforesaid guidance document, except for pH near M/s Everest Kanto
which is highly acidic (where pH value was 2.34 at surface and
2.52 at depth of 30 cm from bed surface) indicating discharge of
acidic effluent. pH of storm drain near Auro Lab was slightly basic
having pH of 8.48 indicating discharge of basic effluent in the storm
drain from industries.

8.2.1.2 Groundwater in and around Tarapur MIDC

High TDS and presence of BOD and COD in all the monitored ground
water samples and presence of colour, odour, Chlorides, Fluorides,
Sulphates, Total Ammonical Nitrogen, Metals (Lead, Copper, Iron
and Manganese) in one or more samples of groundwater in and
around Tarapur MIDC indicate that groundwater in and around
Tarapur MIDC area has been contaminated due to the
industrial activities.

8.2.1.3 Creeks around Tarapur MIDC

The two creeks (Navapur Dandi Creek and Kharekuran Murbe Creek
flowing North and South of Tarapur MIDC respectively) receiving
polluted effluent from the drains of MIDC Tapaur were found having
impact of discharges from such drains.

Elevated levels of COD and TDS at different stretches (where

interference of water from Tarapur MIDC area begins). There was no
DO in Creeks near Dumping ground (upstream of Navapur Dandi
Creek) and Dandi Creek (downstream of Navapur Dandi Creek).
Colour and odour were observed at different locations of the both the
Creeks. Further, Phenols at downstream location of both the Creeks
viz. Dandi Creek (downstream of Navapur Dandi Creek) and Murbe
Creek (downstream of Kharekuran Murbe Creek) have been
observed higher than other sampling locations of the Creeks and
streams though the same are within the aforesaid standards.

8.2.1.4 Seashores around Tarapur MIDC

With regard to the seashores i.e. Navapur CETP outfall and

Nandgaon, where the two creeks confluence into the sea, the results
though do not reveal trend of elevated concentration of measured
parameters near to Navapur CETP outfall beach and Nandgaon

11

21
beach, however, presence of Phenols in both the beaches
indicate impact of discharge from Tarapur MIDC.

8.2.2 RESTORATION/REMEDIAL STEPS

While measures for control of partially/untreated effluent from CETP

has been outlined under para 7.1.2 above, there is need to
remediate the contaminated ground water and drains as well as
control impact on the two creeks (Navapur Dandi Creek and
Kharekuran Murbe Creek) receiving discharges from the
drains/CETP outlet.

8.2.2.1 Remediation Plan and implementation

As outlined in the “Guidance document for assessment and

remediation of contaminated sites in India” prepared by the Ministry
of Environment, Forest & Climate Change, Govt. of India, a detailed
project report (DPR) for contaminated sites in and around Tarapur
MIDC area needs to be prepared as Phase-I work which shall include
delineation of the contaminated areas and areas needing
remediation, detailed site investigation & characterization, risk
assessment studies & identification of remediation goals/objectives
and preparation of remediation plans thereof, selection of remediation
criteria, outlining remediation options, preparation of detailed
technical document with specifications for the selected remediation
option. Further, investigation of sediments in drains and creeks are
also necessary to rule out the need for remediation in sediments.

The above selected remediation plan needs to be executed by an

agency. Therefore, in Phase-II, there is need to monitor and assess
the remediation works being implemented in the field so as to
ensure that remediation works are implemented as per the technical
specifications and standards finalized under the aforesaid Phase I
work. Besides, it is also required to prepare bid documents (RFP /
tender documents, etc.) to identify the executing agency who shall
execute the selected remediation plan.

It is recommended that the aforesaid steps of remediation may be

implemented by MPCB identifying a consultant who may prepare the
Detailed Project Report (DPR) and provide consultancy services for
remediation of contaminated sites in and around Tarapur MIDC for
the aforesaid two phases. ToR for selecting the consultant outlining
scope of work, time schedule, consultant qualification and team, etc.
is given at Annexure VI which may be helpful to MPCB in selecting
the consultant and implementing the remediation work.

Till the remediation plan is implemented, use of contaminated

ground water in effected areas of in and around Tarapur
MIDC may be prohibited for drinking purpose by Central
Ground Water Authority, MIDC and District Administration.

12

22
8.2.2.2 Expenses to be met for implementing the above
remediation plan

The cost to be incurred in the aforesaid activities of Phase-I and

Phase-II in remediation may be met from the “Super Fund” for which
initial amount of Rs. 75 Crore has been suggested to be met as
damage and restoration cost from the 103 polluting units which is in
addition to the damage cost to sea and wetland as has been
described under the Chapter 6 and 7 of this report. Depending upon
the selected remediation options, the cost of remediation may
increase or decrease to that of Rs. 75 Crores. In such case, the
amount may be collected or refunded to each of the said polluting
units, as the case may be, in the same proportion as the damage
recovery cost has been recommended to be paid.

In case recovery of the remediation cost from the polluting

units is delayed or not met partially or fully due to one or
other reasons at any stage, the Govt. of Maharashtra may
initially incur such assessment and remediation cost and
initiate the remediation activities such as allocation of fund,
selection of consultant, etc., as outlined under (ii) above,
initiate in a month in consultation with MPCB.

8.3 POLLUTING UNITS AND HEARING GIVEN TO THEM

In accordance with orders of the Hon’ble Tribunal, MPCB provided

list of 221 defaulting units including the CETP in Tarapur MIDC as
polluting units based on violation of discharge standards of
individual units, discharge into storm water drain, drains passing
through outside premises of the units, etc. and the actions taken i.e.
Show-cause Notice, Closure Direction and other Interim/Proposed
Directions issued under section 33 A of Water (Prevention & Control
of Pollution) Act, 1974 since 28/4/2011. Hearing to the said listed
units (of which 05 were absent) were given by the Committee during
Nov 30 – Dec 03, 2019 where MPCB presented nature and period of
violations. Representative of the respective unit was also given
opportunity to submit records against such violations.

Based on observations made during the hearing, the committee

requested MPCB to revise the list of polluting units as per
recommendations of the committee (observations &
recommendations details given at Chapter 5).

MPCB re-examined and identified 83 of the said 221 units as polluting

units and another 20 units considering observations and
recommendations of the committee for the purpose of imposing
environmental compensation/damage restoration cost. MPCB also
informed that the following recommendations of the committee were
considered by MPCB in arriving 103 units as the polluting units:

13

23
(i) Inclusion of only those units for which due records are
available for establishing the violations;

(ii) Exempting SSI units (having effluent discharge less than 25

KLD) who were found discharging effluent to CETP meeting
CETP inlet consent norms of COD-3500 mg/l and BOD 1500
mg/l;

(iii) Non-inclusion of violations which are not directly related to

effluent discharge in to CETP or not causing damage to soil/
surface water/ground water;

(iv) Considering the period of default of five years since the date of
making Original Application No. 64/2016 (WZ) i.e. 28/4/2011
to 26/9/2019 taking reference from section 15(3) of the
National Green Tribunal Act, 2010, with regard to
consideration of default for assessing environmental
compensation and cost of restoration;

MPCB also revised period of violations for the aforesaid 103

identified polluting units for the purpose of imposing environmental
compensation as per recommendations of the committee that in
cases where closure direction have been issued, the period of
default (N in days) has been taken as date of inspection till the
effective date of closure of the unit. For other cases including where
conditional restart order issued under the Water (Prevention &
Control of Pollution) Act, 1974/ Environment(Protection) Act, 1986,
the period of default has been taken as number of days(N) for which
violation took place. Such N has been taken as the period between
the day of violation observed/ due date of compliance of directions
and the day as on which the compliance was verified by MPCB.
MPCB has only considered closure and conditional restart directions
period. The period between effective closure of the unit till the date of
restart order issued by MPCB has not been considered as violation
period.

The aforesaid additional 20 units were called for hearing by the

committee on 27/1/2020 where MPCB presented nature and period
of violations to each of the units from records available with them
and representative of the respective unit was also given opportunity
to submit records against such violations. All the 05 units, who did
not attend the hearing during Nov.30 - Dec. 04, 2019, and falling
under the said list of 103 units were also called to attend the hearing
giving them another opportunity. However, only 01 of the said 05
units attended the hearing on 27/1/2020 besides 03 of the said 20
units also did not attend the said hearing.

Notices were also served by MPCB to the 83 units (who were

called/given the hearing earlier during Nov.30 - Dec. 04, 2019) on

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24
 28/1/2020 informing them to submit additional details, if any, by
31/1/2020. Replies received from 27 units of the said 83 units were
examined by MPCB from the records available with them.

Thus, details of each of the 103 units (including CETP) identified as

polluting units for the purpose of environmental damage
cost/damage restoration cost along with nature and period of
violation, prepared based on hearing given to them by the committee;
recommendations of the committee; details submitted by the units to
MPCB in support of compliance against the proposed violation
details; vis-à-vis examination of records available at MPCB, as
above, along with other details, as forwarded by MPCB, are given at
Annexure V. Such unit wise details (given at Annexure V) have been
used in deriving accountability of each of the 103 polluting units
which includes the CETP also in terms of damage recovery cost in
INR in meeting the estimated environmental damage cost and cost of
restoration.

8.4 ENVIRONMENTAL DAMAGE COST AND RESTORATION

COST

Environmental damage cost assessment has been done (as given in

Chapter 6) for substandard effluent quality discharge from Tarapur
CETP and industries into drains/coastal waters/drains. Approach
of direct value transferred has been referred for assessment of
environmental damage cost. The value transfer method has been
used to calculate the economic value of benefits for the environment
when an original study for valuation is not feasible. In order to
estimate the damages done due to the discharge of pollutants to the
Sea and the wetlands, the effluent discharge standard prescribed in
consent issued by MPCB have been taken into consideration. The
damage cost per kg of the load has been used for each standard
exceeding pollutant (viz. COD, BOD and SS among the historic
reported parameters) individually which is discharged in to the sea
and the wetlands.

Environmental damage cost has been calculated within the

aforesaid reporting period2 of 28/4/2011 to 26/9/2019. The
damage cost from the direct value transfer method is about 5.938
Crore INR for Sea and 79.014 Crore INR for wetlands considering
inflation value. The above estimate is conservative as it only
considers scope of damages due to effluent discharge beyond the
standards on surface water wetlands. The impact on sea water
pollution is also very conservative due to lack of better information
on pollutants including nitrogen.

2 This reporting period has been considered by the committee for the purpose of its report
only so as to limit the period taking reference from section 15(3) of the National Green
Tribunal Act, 2010.

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25
However, it has been found that the ground water is contaminated
in the region besides having impacts on creeks and coastal sea
water due to illegal discharges of effluent from the industries/CETP,
which have not been valued in the above damage cost assessment.
Instead cost to be incurred in their further detailed assessment
(including other water bodies) and their remediation have been
accounted as “Super Fund” and the initial amount for the super fund
has been suggested as 75 Crores INR which may increase or
decrease depending upon the selected remediation options based on
outcome of the detailed assessment and application of other tools as
suggested under para 8.2.2.1 above.

The total environmental damage cost has, therefore, been

estimated as 85.042 Crore INR (79.014 + 5.938 Crore INR) and
with creation of super fund having initial deposit of Rs. 75 Crore
INR as environmental restoration cost.

Therefore, the total estimated environmental damage and restoration

cost comes out to be 160.042 Crore INR.

8.5 ACCOUNTABILITY OF POLLUTING UNITS INCLUDING CETP

IN MEETING THE ENVIRONMENTAL DAMAGE COST AND
RESTORATION COST

Polluter Pay Principal and the methodology recommended in “Report

of the CPCB In-house Committee on Methodology for Assessing
Environmental Compensation and Action Plan to Utilize the Fund”
have been used adding some additional features to meet objective of
deriving accountability of each of the identified polluting units
including CETP. The used methodology (details given in Chapter 7)
gives distributed accountability among each of the identified 103
polluting units in terms of damage recovery cost in INR in recovering
the estimated environmental damage cost and restoration cost of
160.042 Crore INR in terms of their respective pollution index
depending on pollution hazard, scale of operation, load factor based
on the population located around the industrial unit, number of days
for which violation took place and also considering deterrence for
repeat/habitual violators.

The said damage recovery cost along with the corresponding

Distributed Recovery Cost (DRC) Factor, derived as above, for each
of the 103 polluting units including CETP is given at Sl. No. 16 of the
respective tables given at Annexure V.

The range of such accountability as damage recovery cost for

meeting the said environmental damage cost and cost of restoration
comes out to be 0.887 Lakh INR (to a SSI unit who has reported
violation period of 14 days with no repeat violation) to 1042.241
Lakh INR (to a LSI unit having first violation for a period of 482

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26
 days, first repeat violation of 1150 days, second repeat violation of
58 days and third repeat violation of 309 days).

The accountability of the CETP comes out to be 7231.470 Lakh INR

as damage recovery cost for meeting the said environmental damage
cost and cost of restoration.

As suggested in Chapter 6, of the 160.042 Crore INR, 75 Crore INR

may be deposited in “Super Fund” and in case based on the
detailed assessment and selection of remediation options, the
assessment & remediation cost exceeds or comes out to be lower
than the 75 Crore INR deposited in the super fund, the additional
amount may be deposited or returned back to that of the damage
recovery cost to each of the polluting units, as the case may be,
proportionate to that as has been recovered. The amount to be
deposited or returned back to each of the 103 polluting units may be
arrived by multiplying their respective “Distributed Recovery Cost
(DRC) Factor” (given for each of the polluting units at Sl. No. 14 in
their respective table at Annexure V) and the said increased or
decreased amount to that of 75 Crore INR, as the case may be, as
used in Equation (4) in Chapter 7.”

4. Second joint inspection Monitoring Report has been filed by the

CPCB on 27.07.2020 mentioning the steps taken after the earlier

inspection and holding that there was continuous violation of

environmental norms with the following conclusions and

recommendations:

“9. CONCLUSIONS:

The analysis results of various effluent samples of CETP collected

during the joint inspection-cum-monitoring on 12/3/2020 and
various observations made under preceding paras reveal that no
improvement has been made by the CETP operator to upgrade or
improve performance of the CETP since the previous joint inspection
conducted on 13/11/2019 except that of on-going de-sludging
activities in Sump No. 2.

Therefore, the gross violations, also reported in earlier joint

inspection report conducted on 13/11/2019, continue to be
occurring in CETP operation as below:

(a) Continued Non-compliance of CETP Inlet Effluent Quality

with the Design Norms/Prescribed Limits

17

27
 BOD and COD in CETP inlet effluent are exceeding 1.6 and
2.4 times the inlet design norms respectively; Phenol and
TAN exceeding 1.6 and 5.5 times respectively and pH is 3.3
against the range of 6-9 prescribed under the Consent to
Operate.

Each of the three inlet effluent sources to the CETP (viz.

from MIDC Sump 1+ Gravity; MIDC Sump-3, and MIDC Sump-
4) are also exceeding the aforesaid parameters in terms of
respective CETP inlet design parameters/limit prescribed
under the Consent to Operate and the effluent from MIDC
Sump-3 contribute maximum exceedances among the three
sources. (details given under para 3(a) of this report)

(b) Continued Non-compliance of CETP Outlet Effluent Quality

with the Prescribed Limits

BOD, COD, TKN, TAN and Phenols in CETP outlet effluent are
exceeding 48.3, 16.6, 9.9, 3.7 and 1.7 times respectively than the
outlet limit prescribed under the Consent to Operate (details given
under para 3(b) of this report)

(c) Continued exceedance of Hydraulic Load of CETP to the

Design/Prescribed Limit and illegal Discharges

CETP is consistently not complying with design/consented

capacity of 25 MLD and receiving excess effluent by about 3 MLD
to the said capacity. The excess 3 MLD is being discharged into
the adjacent storm water drain (originating from plot No. E-13
and further meeting into Navapur-Dandi creek through Salvad
village).

Further, about 13 MLD of the CETP outlet effluent not conforming

to the prescribed standard is also discharged through the said
storm water drain into the Navapur-Dandi Creek violating to the
consent condition that treated CETP effluent to be disposed at the
designated Marine outfall point.

Other overflow from Sump No. 3 (used to pump the effluent to

CETP ) also occurs intermittently and the same flows into the
drain originating at Plot No. N-27, MIDC Tarapur and meeting to
Murbhe-Kharekuram creek.

The above overflows may be causing further damages to

the waterbodies which have been reported along with
remediation measures in the report of the Committee
submitted to the Hon’ble NGT vide email dated 19/6/2020
in compliance with orders dated 26/9/2019 read with
order dated 22/10/2019 in the matter of Original
Application No. 64/2016 (WZ); Akhil Bhartiya Mangela
Samaj & Ors. Versus Maharashtra Pollution Control Board
& Ors.

(details given under para 3(c) of this report)

(d) Poor CETP Sludge Management and inconsistency in CETP

Sludge Generation

18

28
 Inconsistency in CETP sludge sent to common Hazardous
Waste Treatment, Storage and Disposal Facility (CHWTSDF),
Taloja, indicates that either CETP is not operated
uniformly/regularly or there is wide variation in CETP
inlet effluent quality or sludge is not sent to the
CHWTSDF regularly.

Further, there is poor management of sludge drying beds

and sludge was found indiscriminately scattered in
areas across Sump No. 2, Equalisation Tank and Sump
No. 4 which may be because of overflows or poor
management of sludge.

(details given under para 3(d) of this report)

(e) Continued Improper Operation of all Major Treatment

Units of CETP & Sludge Depositions

None of the major treatment units of the CETP (viz.

Equalization Tank, Primary Clarifier, Aeration Tank,
Secondary Clarifier and Hypo-chlorite Oxidation Tank) are
functioning properly whereas Pressure Sand Filter and
Activated Carbon Filters are completely defunct.
Further, there could be sludge accumulation in
equalization tank and aeration tanks due to poor
operation.

(details given under para 4 of this report)

(f) Continued Improper CETP Inlet & Outlet Flow Meter

Measurement and Non-operational Online Continuous
Monitoring System

Online continuous monitoring system (OCMS) provided at

CETP inlet and outlet are not in operation and in working
condition. The flow meters provided as CETP inlet and outlet
effluent measurement are installed at in appropriate places
and, hence, not representing actual inlet and outlet flows.

(details given under para 5 of this report)

(g) Other Observations

 Updated information such as waste water handled,

hazardous waste generated and sent to common TSDF, etc.
are not being displayed in the display board (installed near
entry of the CETP) as per the Hon’ble Supreme Court’s order
in WP(C) 657/1995 and Hon’ble NGT order in OA 804/2017
 A bore well is installed within the CETP premises
without having requisite permission from concerned
authority.
 About 102 M.T. and 10 M.T. of sludge are accumulated in
sump No. 3 and Sump No. 4 (used for effluent inlet to CETP)
occupying 60 % & 23 % of the sump capacity respectively.
The same needs to assessed and removed.

19

29
  The Consent to Operate and Authorisation dated
24/12/2019 have been issued by MPCB to the new CETP at
Plot No. OS-30(pt), MIDC Tarapur, for 25 MLD of the
proposed 50MLD. B.
(details given under para 6 of this report)

10. RECOMMENDATIONS:

In view of the consistent gross violation of the CETP w.r.t. quantity

and quality both exceeding the CETP inlet design/standards
parameters; outlet effluent quality grossly exceeding the prescribed
outlet standards; significant illegal discharges of high concentrated
effluent as overflows which may be causing further damages to the
already damaged/affected waterbodies; etc., the recommended
immediate and other measures in the report of previous joint
inspection conducted on 13/11/2019 and submitted to the Hon'ble
NGT vide email dated 02/1/2020 may be implemented.

Such measures outline various actions to be taken by CETP

operator; MIDC and MPCB w.r.t. CETP assessment in terms of
hydraulic load and inlet effluent quality; limiting the CETP
inlet effluent as per the said assessment; removal of
deposited sludge in various Sumps and tanks of CETP; non-
operation of any bore wells in MIDC Tarapur; no
overflowing/leakages from pumps/tanks etc.; identification of
units discharging higher quantity and/or higher
concentration effluent and/or higher quantity effluent to
CETP and stopping the same; segregating high concentrated
effluent; surveillance & penalty mechanism with recovery of
environmental Compensation and prosecution of industries;
improvement in overall scientific operation & maintenance of
CETP; need of common facilities such as Common MEE and
Common Spray Dryer for High COD and High TDS effluent;
replacing underground drainage (from industrial premises to
the MIDC drainage sump/pipeline) with over ground pipeline
along with SCADA system; etc. including closure of the CETP
in case the immediate measures are not implemented within
Jan 31, 2020.

Copy of the said recommendations as recommended in the report of

previous joint inspection conducted on 13/11/2019 and submitted
to the Hon’ble NGT vide email dated 0211/2020 is given at
Annexure VII. The same may be enforced by CETP operator; MIDC
and MPCB on priority and time bound manner including taking
actions against other non-compliance observed in this inspection viz.
updating information on the display board installed near gate of the
CETP, installation of proper flow meters, making OCMS operational
by the CETP operator and sealing the bore well at CETP and
desludging Sump No. 3 and 4 by MIDC.

Though MPCB has taken actions as outlined under pare 8 of the

report but enforcement of the same needs to be expedited.”

20

30
5. I.A. No. 93/2020 has been filed by Respondent Nos. 3 and 9

raising objections to the above reports of the Committee. The objections

are set out as follows:

“8. That the Applicants are, without prejudice to their right to

contest the correctness of the findings contained in the said Reports
by filing a detailed reply/ counter with the leave of this Hon'ble
Tribunal, are submitting preliminary objections and comments to the
said Reports, as under:

(a) The Report dated March 2020 is based on perfunctory

investigation and relies on old/ historic and incorrect data
pulled in from database of MPCB. The relevant and current
data has not been collected and hence, not taken note of.

(b) The Committee has turned a blind eye to an unfair discretion

used by MPCB in preparing alleged list of polluting units, on
the basis of old data and for lack of availability of data of SSIs
and many other units. The alleged final list of polluting
industries as provide by MPCB, is manifestly arbitrary,
irrational and prepared in a discriminatory manner (Reference
— Chapter V Internal Page 59 to 62 of the Report dated March
2020).

(c) The Committee has neither done any new sampling nor has it
carried out any field investigation as of today for verifying or
ascertaining sources of effluents or sources from where the
CETP is receiving alleged excess effluent load. The methodology
applied by the Committee has thus vitiated the very purpose of
the constitution of the Committee as a fact finding body.

(d) The Committee, relying on sole discretion of MPCB has

excluded and exempted about 88% of the industries (including
SSI and ZLD units) plus 55 non-member industries and also
units in respect of which no data is available with the MPCB
from any responsibility and has the placed entire burden onto
less than 12% of the industrial units at Tarapur MIDC and the
CETP managed by TEPS for the alleged environmental damage
and restoration costs, which is neither legal nor acceptable for
cause of environment protection (Reference Chapter V of the
Report dated March 2020 read with Fig. 2.2 on Internal Page 7
read with 8.1.2 Para 7 on Internal Page 90 of the Report)

(e) The Report is prepared in breach of fundamental principles of

natural justice. There was no real opportunity of hearing
provided by the Committee to the representatives of the
industrial units, which were arbitrarily identified as polluting
units. The oral/ written representation made by these units has
been totally ignored by the Committee and does not find any
place of consideration in the entire Report;

(f) The Report fails to consider new technologies implemented by

the industries including setting up of their own ETPs/STPs,

21

31
 and investments made in taking various measures such as
forestation drives, installing additional technologies for
effluent treatment in their ETPs/ STPs, all for the cause of
environment protection.

(g) The Report further ignores JVS (Joint Vigilance Sample)

Reports, and compliances made by the industries from time to
time, which were duly verified by MPCB.

(h) Imposing alleged environmental damage and restoration costs

without providing evidence of any actual environmental
damage at the subject MIDC location, is in itself illegal and
strongly objected by the industries and their association at
Tarapur.

(i) The methodology applied for calculating alleged damage and

restoration cost is neither recognized nor legal nor correct. The
period considered for fixing alleged individual liability is
grossly erroneous. The Committee has also ignored past
penalties paid by the industries and bank guarantees
forfeited by the regulators for recovering compensation for
alleged environmental violations/ non-compliances and has
quantified the alleged damages and costs for the same period,
causing double jeopardy and violating established principle of
law that no person can be penalized twice for the same
offence.

(j) Despite identifying list of total 14 natural and storm drains

flowing through MIDC at Tarapur receiving sewage and
human waste from five different villages surrounding the
MIDC area, no efforts are made by the Committee to
actually measure the impact/ contribution percentile of
this sewage mixed in MIDC sewage disposal lines and its
weightage impact on the sea waters or any other water
bodies/ ground water etc.. (See Table 2.3 and Figure 2.3
on Internal page 9 and 10 of the Report)

(k) The Report does not bring forth evidence of any actual
environmental damage to the water bodies and instead
focuses on academic assessment of the same only for
purpose of quantification of damages and restoration costs
and placing accountability of the same on select industries
which is done using theories/ formulae having no recognition
in the eyes of law nor does the Report cites any precedents in
which such assessment has ever been recognized by this
Hon'ble Tribunal or any other Courts or Tribunals in India.

(l) The Report is totally unfair and biased against the industry.
The Committee is suspiciously silent on role of MPCB
(contesting Respondent No.1) and MIDC (contesting
Respondent No.2), of their past and continued failure and
breach of duties, as also vehemently pleaded by Akhil
Bharatiya Mangela Samaj (original Applicant) in 0.A. No. 64
of 2016 and also as pleaded by TEPS (Original Respondent
No.3) in M.A. No. 375 of 2017 which pleadings and

22

32
 submissions are pending for consideration of this Hon'ble
Tribunal;

(m) The Committee for the reasons best known to it, has totally
ignored completion of the state-of-art 50 MLD (million liters
per day) capacity new CETP plant constructed and installed
by the Applicants and member industries by investing in
excess of Rs.150 Cr. The Committee is further silent on the
fact that said new 50 MLD CETP Plant, once commissioned in
addition to existing 25 MLD plant will be able to treat up to 75
MLD of load, which is by far more than double the capacity of
actual requirement of Tarapur Industrial cluster;

(n) The Committee has erred in not considering the fact that the
said new 50 MLD plant is ready to be commissioned
immediately on completion of the work of laying a
discharge/ disposal line by MIDC (Respondent No.2) which
is pending for more than 4 years due to lackluster approach
and inactions of MIDC.

(o) The Committee has not mentioned the new 50 MLD plant in
the chapter dealing with remedial measures, knowing that
investment already put in by the industries will have to be
factored in and alleged remedial costs and super fund that
the Report recommends shall be wiped-off and/or drastically
come down;

(p) The Committee has not provided any logical reasoning, or

actual calculations or quantification as to how it arrived at
and made a provision for 'Super Fund' of INR 75 Crores and
how such fund shall be utilized;

(q) The Committee has irrationally held the Applicant TEPS

damage and restoration costs, though 'TEN has taken
every possible measure in its capacity to deal with the
effluent load at the existing CETP plant. The Committee has
intentionally ignored the fact that additional effluent load,
if any received by CETP beyond its treating capacity is not
the failure/ violation of the TEPS but is failure attributable to
the regulators i.e. MPCB and MIDC who have total controlling
powers to decide issuance of consent to operate, permitting
expansion of industries, controlling supply of water etc.
Despite this, Committee has for reasons unknown and
possibly due to the influence and role of these statutory
bodies, have refused to hold them responsible and accountable
for alleged environmental damage at Tarapur, which in itself
exposes false, irrational, arbitrary and discriminatory nature of
the Reports submitted by the Committee.

(r) The Applicants further state that the Reports seem to be full of
contradictions. First of all, there is no conclusive evidence in
the entire Report of any actual environmental damage. Except
for vague statements about restoration measures, Report does
not lay any definitive roadmap for protection of environment at
Tarapur. Also, the Report has not appreciated water pollution

23

33
 in terms of still or river water vis-a-vis flowing/tidal sea water
and its long-time impact. Instead, these Reports are solely
focused on quantifying and collecting money under the pretext
of penalties, alleged restoration costs and creating alleged
'super-fund'. The contents of the Reports have no correlation
with subject matter involved in the present original application
and is unlikely to assist this Hon'ble Court in properly
adjudicating this case.”

A letter has been filed by the Maharashtra Organo Metallic

Catalysts Pvt. Ltd. objecting to the report on similar lines.

6. We have heard the learned Counsel for the applicant, the CPCB,

the MPCB, the CEPT operator, respondent No.3 and the Tarapur

Industrial Manufacture Association, Respondent No. 9.

7. At the outset, learned Counsel for the Respondent Nos. 3 and 9

have referred to orders of the Hon’ble Supreme Court dated 18.11.2019

in Civil Appeal No. 8539/2019, Tarapur Environment Protection Society v.

Akhil Bhartiya Mangel Samaj & Ors. and order dated 18.12.2019 in Civil

Appeal No. 9409/2019, Tarapur Industrial Manufacturers Association v.

Akhil Bhartiya Mangela Samaj Parishad & Ors., staying the interim order

of this Tribunal dated 26.09.2019.

8. As against above, the stand of learned Counsel for the Applicant,

the CPCB and the State PCB is that the said orders being only qua

interim compensation, there is no bar to hearing of the matter and

further orders being passed. Our attention has been drawn to para 1 of

the memo of appeal in Civil Appeal 8539/2019 as follows:-

“That the present Civil Appeal is directed against impugned interim

order dated 26.09.2019 passed by the Hon’ble National Green
Tribunal Principal Bench New Delhi in Original Application No. 64 of
2016 (WZ) whereby, the Hon’ble Tribunal has imposed a
penalty of Rs. 10 crores as interim compensation to be paid

24

34
 by the appellant herein who manages and operates the 25
MLD CETP in Tarapur Industrial area.”

9. We find merit in the contention raised on behalf of the applicant,

the CPCB and the MPCB that the grievance raised before the Hon’ble

Supreme Court is only against interim compensation and there is no stay

against proceedings before this Tribunal for enforcement of

environmental norms on consideration of the reports of the Expert

Committee constituted by the Tribunal. We thus proceed to deal with the

reports of the Committee.

10. We find that the reports of the Expert Committee have taken into

consideration all relevant data after visit to the site and have considered

the view point of the CETP operator and the Association of the industries.

We do not find any reason to reject the report and the conclusions and

recommendations therein. Application of ‘Precautionary Principle’ which

is part of ‘Sustainable Development’ requires anticipatory action and

scientific certainty before taking such remedial action is necessary, once

an Expert Committee has found that there is continuous violation of

environmental norms causing harm to the environment and health.

Credentials of the Committee members and their expertise on the subject

is beyond question. We do not find any merit in the objections of the

contesting CETP and industries which will stand rejected and the report

of the Committee is thus, accepted.

11. In view of the above, we direct that the reports of the Committee be

acted upon and further steps taken for preventing damage to the

environment and for its restoration. The restoration measures will

include improvement of quality of environment as well as remedying the

health of the inhabitants, including providing healthcare to the affected

25

35
individuals. The amount assessed be recovered and if there is non-

payment, the statutory regulatory bodies will be free to take coercive

measures, including closure of the polluting activities. The same be

utilized for restoration of the environment in terms of an action plan.

12. The Committee already constituted will continue to function to

oversee the remedial measures and will also include District Magistrate,

Palghar. The nodal agency for coordination will be the CPCB and the

District Magistrate. The Committee may prepare a restoration plan

within one month. The timeline for execution should be as expeditious as

possible. It will be open to the Committee to associate any other

expert/institution and decide the mode of execution of the restoration

plan. MPCB may, inter-alia, monitor water quality of creeks, water bodies

in vicinity and ground water quality particularly of potable sources in use

with reference to parameters relevant. The Committee may meet atleast

once in a month and in case physical meetings are not viable, virtual

meetings may be organized.

13. The Committee may give a status report of the steps taken after

three months by e-mail at judicial-ngt@gov.in preferably in the form of

searchable PDF/ OCR Support PDF and not in the form of Image PDF.

The application stands disposed of except for consideration of the

status report to be filed.

All pending applications will also stand disposed of.

List for further consideration on 11.01.2021.

26

36
 A copy of this order be forwarded to CPCB, IIM, Ahmedabad, IIT,

Ahmedabad, NEERI, MPCB and the District Magistrate, Palghar by e-

mail for compliance.

Adarsh Kumar Goel, CP

S. P. Wangdi, JM

Dr. Nagin Nanda, EM

September 17, 2020

Original Application No. 64/2016 (WZ)
(M.A. No. 375/2017& I.A. No. 93/2020)
SN

27

37
 Annexure-II
Action Plan and corresponding action points on remedial/restoration measures by various executing organisations
on control of further impact on environment due to partial/untreated effluent discharge and restoration/remediation
of contaminated water bodies in and around MIDC Tarapur in accordance with order dated 17/9/2020 of the Hon’ble
NGT in the matter of OA No. 64/2016
Sl. Action points as recommended in the As per the Information to be provided by MPCB after reviewing and in consultation with MIDC and CETP
No Committee’s report for remedial committee report operator (except for Sl. No. 18 and 19)
measures/restoration of environment and order of the (4)
(1) (2) Hon’ble NGT
(3)
Time Target Responsi Various activities proposed to Executing agency Proposed Compliance status as on
ble meet the Action Plans as at time target 28.12.2020
Agency Column
(i) (ii) (i) (ii) (iii) (iv)
Control of further impact on environment due to partial/untreated effluent discharge

1 In order to control further impact on water Immediate MPCB Due to sludge deposition in CETP and MPCB 19/11/2020 Complied.
bodies (Drains, Creeks and Sea), the various treatment tanks, current
capability of CETP be immediately assessed hydraulic load of CETP has been Completed the said
in terms of hydraulic load and inlet effluent assessed as about 07 MLD with assessment by 19
quality that the CETP is able to meet the COD<3500mg/l; BOD 1500 Nov.2020.
outlet norms (stipulated under the mg/ltrs.
Consent to Operate by MPCB) as per the The hydraulic load capacity will
existing infrastructures. The said be resumed to 25.0 MLD based
assessment studies may be carried out by on progress of desludging and
MPCB through the expert institute. revamping of all units including
bioreactor.

38
2 Based on the above assessment, the CETP
shall receive only such limited hydraulic
load and influent quality as prescribed in
the said assessment. In order to ensure the
same, the following may need to be
enforced immediately after the said
assessment and MPCB should constantly
overview the activities of CETP:

(i) MIDC to: Removal of deposited sludge CETP June 2020 Complied.
a) Remove deposited sludge (approx.-2400 MIDC from Sump 2 Desludging of sump-2,
MT) in the MIDC Sump-2 (10.56 Million started on 01.04.2020 and
Liters- capacity) where treated effluent is completed on 16 June-
collected and also from other 2020.
sumps/tanks, if any.
About 5700 Metric Tons
(MT) of sludge has been
removed and disposed to
CHWTSDF.

In addition to Desludging of sump-2, MPCB identified requirement of Desludging of Sump-3 and

other units of CETP (where there is accumulation of sludge) for efficient operation of CETP.
Action plan of the same are as below;
Removal of deposited sludge CETP 05/12/2020 Complied.
from Sump 3 Desludging Work
completed on 03/12/2020
by stopping water supply
during 28.11.2020 to
30.11.2020so as to prevent
the generation of effluent
from industrial units
connected to sump-3.

39
Module wise Desludging of the CETP 30/11/2020 Desludging of the said units
following units comprising of each (for one of as module- 1 of the CETP
module of the two modules of the two completed on 30/11/2020.
CETP in phased manner. modules of About 3000 Cubic meter
CETP ) (approx. 1250 MT) sludge
has been de-sludged and
A. 02 Equalization tank (ET) 563 MT sludge has been
(3000 Cubic meter x 2 Nos) 25/12/2020 sent to CHWTSDF and
B. 01 Primary settling tank (for the remaining about 680 MT is
(PST)- 1450 Cum remaining drying at the site which will
C. 01 Aeration Tank (AT)= 12256 modules of also be sent to CHWTSDF.
Cum CETP )
D. 01 Secondary clarifier (S.C.) = Work of Desludging of
1950 Cum other module started on
30/11/2020 and is in
progress.

Desludging of common units in CETP 05/12/2020 Complied.

the two modules of the CETP
after completion of Desludging
work of aforesaid one module
due to restriction in movement of
equipment because of the said
ongoing work;
a) 01 Common collection tank
(1000 Cum)

b) 01 common Oxidation tank

(1000 Cum

40
 Revamping of Pressure Sand filter CETP 25/12/2020 Completed for 1st module
(PSF) - 02 Sets (including (for 1st
of the CETP.
conversion of ACF into PSF) in module of For the 2nd module, media
each of the two modules of the the CETP). replacement work
CETP. completed and work of tale
10/01/2021 end piping is under
(for the progress.
remaining
module )
Commissioning of flow meters at CETP 12/12/2020 Flow meters installed and
Sump no. 3, 4 and Gravity main commissioning work are in
within the premises of CETP progress which will be
which are inlets of the CETP. completed by 10/1/2021.

Commissioning of another flow CETP 15/12/2020

meter at Sump-1 which is the only
inlet to the new CETP
3 c) Ensure that the supply of water to Immediate MIDC Of about 26 MLD earlier effluent inlet to the old CETP; about 09+02 MLD would be diverted to
MIDC Tarapur is so reduced (as new CETP from Sump-1 and 07 MLD to the old CETP. For the same the following action points
compared to the current supply) and are proposed:
distributed that inlet quantity to CETP
does not exceed the above prescribed
CETP hydraulic load.
Ensure that no overflowing/leakages Commissioning of two modules CETP 30/06/2020 12.5 MLD of 50 MLD new
from sumps/tanks etc. takes place each of 12.5 MLD out of the 04 CETP commissioned with
during conveying the effluent to CETP module (50 MLD) of the new charging of effluent w.e.f.
or from CETP to seashore. CETP 22/11/2020.
However, there was
breakdown and repair work
in treated effluent disposal
line of MIDC during
15/12/2020 to 20.12.2020
during which water supply
was also stopped.
41
Diversion of the aforesaid 9 MLD MIDC and CETP 22/11/2020 Complied.
effluent from Sump-1 to the new
Effluent of 9 MLD is
CETP
diverted from old CETP to
new CETP of Sump-1 w.e.f.
22/11/2020.
Retrofitting of valves in Gravity MIDC 05/12/2020 Complied on 13/12/2020.
Mains for channelization of about
02 MLD effluent (from M/s
Bombay Rayon and M/s Siyaram)
to the new CETP

MIDC 22/11/2020 Complying w.e.f.

Proportionate reduction of water 26/11/2020.
supply in MIDC Tarapur from 38 Supply was restricted from
MLD to restrict generation of 38 MLD to 30 MLD and
about 16 MLD (about 09 MLD to subsequently about to 25
new CETP and about 07 MLD to MLD w.e.f. 26/11/2020 and
the old CETP) and thereafter 30/11/2020 respectively.
proportionate increase in water
supply as per increased treatment Old CETP has remained
capacity of old/ new CETP. shut down w.e.f.
26/11/2020 during which
member units also
voluntarily closed their
wastewater generation
processes. The CETP is
expected to start with 07
MLD effluent inlet from
30/12/2020.

42
 Further, during volunteer
close down by the units
during 28/11/2020 to
29/11/2020 for repairing
works, the water supply
was stopped by MIDC.
Details of water supplied
and effluent generation
and disposal of treated
effluent are given at
Appendix-A.

Desludging of modules of CETP MIDC 05/12/2020 Desludging ofmodule-1 of

and Sumps to check overflow and CETP and Sump-2 and
from sumps/tanks 25/12/2020 Sump-3 completed.

MIDC has awarded AMC to

check leakages in
conveying pipeline to CETP
and CETP to seashore the
leakages are attended on
priority within 24 hrs.

43
To check leakages during MIDC Continuous MIDC has appointed AMC
conveying the effluent to CETP or process to check leakages in
from CETP to seashore conveying pipeline to CETP
and CETP to seashore the
leakages are attended on
priority within 24 hrs.
Incidences of breakage of
treated effluent discharge
pipeline noticed at two
occasions on 28/11/2020
and 15.12.2020 which
were attended and
repaired.
Control of illegal tankers MIDC and Continuous Daily monitoring by MIDC
movement to check illegal water District started from 25/11/2020
supply through tankers Administration with a mechanism to
report the illegal tanker
details to the District
Administration for action.
District Magistrate,
Palghar. issued order on
04.12.2020 under section
144 and 133 under Criminal
Procedure Code 1973
banning water tanker
movement in Tarapur
MIDC w.e.f. 05/12/2020 to
02/2/2021 except Fire
Tender vehicles and in
extraordinary situations
with written permission
from MIDC.

44
4 c) Ensure that no bore wells operate in Immediate MIDC MIDC Continuous MIDC will work with
MIDC Tarapur to ensure the CETP District Administration.
hydraulic load does not exceed. MIDC has reported that
there is no bore-well
operating since October
2020.

45
5 MPCB in association with CETP shall Immediate MPCB MPCB and CETP Continuous MPCB has issued direction
identify units not having adequate and in this regards to CETP on
facilities to meet the aforesaid assessed CETP 10/11/2020 and
CETP inlet effluent quality and such 13/11/2020.
units be directed to segregate their high However, CETP has not yet
concentrated effluent and be stored identified any such
separately at existing CETP or new CETP member unit having
in case such storage is available at the inadequate facility to meet
new CETP or dispose of in Common the CETP inlet effluent
TSDF Taloja for incineration. Such quality.
storage should not be allowed beyond MPCB has deployed teams
06 months. Storage and disposal of the from 18/11/2020 for
same should be closely monitored by identification of such units.
MPCB at regular intervals. 226 industries have been
monitored so far.
Based on their field
observation, data available
with the Board and analysis
result of samples of
effluent collected by the
team, MPCB is in the
process of evaluation such
observations/data for
eastablishing/identification
of units requiring
segregation and storage/
disposal of high
concentrated effluent and
other non-

46
 compliant units. Necessary
actions against such
identified non-compliant
units such as, identification
of units requiring
segregation and storage/
disposal of high
concentrated effluent OR
closure of the units OR
Environmental
compensation OR actions
under section 15 of the EPA
against the identified
defaulting units, as the
case may be, are expected
to start within a week
onwards viz. 04/1/2020.

Meanwhile, units
connected to old CETP for
further treatment/disposal
of their effluent have
voluntarily stopped their
waste water generating
processes w.e.f.
26/11/2020.

47
6. MPCB shall also monitor CETP inlet and Continuous MPCB MPCB 26/10/0202 Complied.
outlet effluent preferably on the daily till 0 onwards Besides on-going weekly
basis. compliance monitoring by MPCB, daily
is achieved monitoring inlet and
outlet of CETP from
26/10/2020 up to
26/11/2020 (till the CETP
was in operation) were
carried out. Thereafter
also, samples have also
been collected &analysed
up to 07/12/2020.
The analysis reports (given
at Appendix- B) reveal that
the old CETP is not
complying inlet/outlet
norms.

48
7 In case if the above measures are not 17/10/2020 MPCB MPCB Continuous MPCB is closely monitoring
implemented effectively and CETP (either operation of CETP and the
existing or new) continues to perform non- measures have been taken
compliance to the inlet/outlet norms for a in order to control
month, and in case no alternate discharge of effluent not
arrangement is in place for disposal of meeting the norms by CETP
effluent, MPCB may close operation of such as volunteer shut
CETP and its member units who discharge down of CETP w.e.f.
their effluent to the CETP till the 26/11/2020,
compliance is achieved. Commissioning of new
CETP & diversion of 9 MLD
effluent to the new CETP
w.e.f. 22/11/2020 which is
compliant, reduction in
water supply from 38 MLD
to about 25 MLD to
industrial units by MIDC in
MIDC Tarapur
,desludging of various
sumps and units of CETP,
installation of flow meters
to inlets/outlet of CETP,
vigilance by MPCB & CETP
association, vigilance on
illegal tanker movement
and supervision of
pipelines by MIDC, etc.

In view of above progresses

and target dates given by
the CETP

49
 Operator for upgradation
including ongoing
identification of the
defaulting units and
proposed actions thereof
by MPCB, decision on
closure of CETP were
deferred. However, in case
the old CETP doesn’t
comply with the norms on
resumption of its operation
upon completing various
upgradation works, MPCB
shall close the CETP.

50
8 CETP shall take all necessary measures to Immediate CETP A) For improvement in overall 30.12.2020
control the influent quality & quantity scientific operation and
besides improvement in overall scientific maintenance of the CETP
operation & maintenance of CETP with
trained manpower and adequate analytical I. Replacement of old SS- Completed
facility to keep watch on operational 316 sluice gates within
parameters at every stage of operation on equalization tank inlet
a regular basis. With trained manpower with new sluice gates.
and adequate analytical facility to keep II. Replacement of floating Completed
watch on operational parameters at every aerators to submerged
stage of operation on a regular basis. mixers in Collection
equalization tank.
III. Replacement of scrapping Completed
system in primary
floculators and secondary
clarifiers with new SS-316
scrapping system.
IV. Conversion of 1st
aeration tank into anoxic In process
treatment tank and
channelization of effluent
into said first aeration
tank followed by into
second, third and fourth
aeration tanks in series In process
having extended aeration
for removal of BOD so as
to improve BOD removal
efficiency.

51
 V. Installation of new tank In process
where flash mixer will be
installed so as to get
more retention time for
flocculation prior to
flocculator tank.
VI. Installation of one new In process
tank for holding primary
and secondary sludge
separately in two tanks
as well as installation of
two additional
centrifuges along with
two new filter presses.
VII. Increase in chemical In process
preparation tank size.
VIII. Installation of auto dosing
system with flow meter In process
for in the proposed
chemical dosing tank
prior to flocculation tank.
IX. Installation of flow meter
for activated sludge
recirculation in the first In process
anoxic treatment
aeration tank.
X. Commissioning of OCEMS
at inlet and outlet of CETP In process
with prescribed Installation completed and
parameters and commissioning will be
connectivity with MPCB completed by 10/1/2021
and CPCB servers.

52
B) For adequate analytical
facility to keep watch on
every stage of operation of Complied.
CETP on regular basis. TEPS CETP started new
i. Installation of laboratory laboratory at new CETP,
facilities at CETP for sampling whereas Laboratory at old
and analysis of operational CETP is used for general
parameters viz. BOD, DO, pH, environmental parameter.
TKN, TDS, SS, COD, O&G, The CETP has temporarily
Alkalinity, conductivity, procured trained
heavy metals etc. manpower from member
C) For trained manpower for industries and deployed at
operation of the CETP site as a short term
i. Hiring of six additional measures whereas for long
trained manpower in term additional manpower
addition to the currently six will be appointed by TEPS.
laboratory persons and six Whereas TEPS
technical supervisors for staredproviding trained
plant operation. and skilled manpower.

53
9. There should be proper surveillance of all Immediate MPCB i. Deployment of two teams CETP & MPCB Continuous Day & Night Survey has
units and the penalty mechanism for the and each team having officials from been carried out by TEPS
defaulter units to be derived by M/s TEPS – CETP from MPCB and 18.11.2020 CETP appointed Committee
CETP for member industries in addition to representative of CETP / and detected 11 units with
inspections of MPCB to ensure that all the industry association. abandoned old as well as
member industries discharge the trade new active connections to
effluent meeting the norms as per their MIDC Chambers.
consent. CETP
In case of non-compliance observed during CETP has not yet provided
M/s TEPS-CETP monitoring surveillance, ii. Finalization of penalty 10.12.2020 penalty mechanism to
the list of defaulting industries should be mechanism which includes MPCB.
provided to MPCB from time to time for termination/ Suspension of
necessary action against such units. MPCB CETP membership of
should take stringent action against defaulting industry and
industries as found in surveillance of MPCB enforcement thereof. MPCB
& TEPS including the recovery of
environmental Compensation and
prosecution of industries as per iii. Providing list of defaulting Continuous CETP has not yet provided
environmental laws. units to the MPCB for taking activity list of defaulting units to
stringent action including MPCB.
environmental compensation
and prosecution of the
industries.

54
10 There is urgent need of common facilities Immediate CETP, i. Finalization of the DPR for CETP 31.01.2021 Letter of intent issued by
such as Common MEE and Common Spray MIDC common facility to treat high TEPS to M/s. Tesla for
and
Dryer for High COD and High TDS effluent MPCB COD and high TDS streams. installation of high COD
and such types of effluent should be treatment facility having
separately collected and transferred to ii. Commissioning of the facility 30.06.2021 capacity 2500 CMD. Also,
common MEE and Spray Dryer facilities to treat high COD and high additional facility will be
with identification of such industries. TDS streams as per DPR. commissioned for high TDS
Similarly, there should be some advanced stream.
method (such as advanced oxidation, iii. Identification of high COD and Immediate Till they are commissioned,
Ozonation, etc.) to reduce the significant high TDS streams generating the concentrated streams
COD. CETP may ensure commissioning of units. will be disposed to TSDF by
the same at the earliest. Till the same is Immediate member industries.
commissioned, high COD and high TDS iv. Disposal of segregated high
effluent be stored at suitable place in case COD and high TDS streams to
available at the new CETP under CHWTSDF/ resource recovery
commissioning stage, for not more than 06 of the same (at authorized
months, otherwise such effluent be facility) by the identified
disposed in Common TSDF Taloja by units.
incineration. Storage and disposal of the
same should be closely monitored by
MPCB at regular interval and operation of
such violators be closed besides other
necessary actions by MPCB.

55
11 SCADA system for monitoring quality and 17/1/2021 CETP 1. Installation & commissioning CETP and MIDC 17.01.2021 The SCADA platform for 55
quantity of individual member industry be and of prescribed SCADA system for industries installed and is
MIDC
commissioned by the CETP operator in in more than 25 CMD effluent 31.01.2021 under trial.
association with industries and MIDC generation units and less than for <25 MLD Rest industries SCADA
within 04 months. MPCB may ensure 25 CMD effluent generating units connectivity is planned on
timely commissioning of the same. units. or before 31.01.2020., For
that help desk is created
2. Installation of SCADA in 31.01.2021 and weekly one full day the
various sumps and gravity engineers stationed at new
line. CETP, for attending queries
with respect to SCADA and
3. Commissioning of the 31.01.2021 industries to connect their
centralized SCADA system. hardware to TEPS CETP
SCADA.
12 CETP shall regularly send the CETP sludge Immediate & CETP CETP sludge to be sent to CETP Continuous About 6260 MT of sludge
to CHWTSDF for proper disposal. Continuous CHWTSDF facility regularly (5700 + 563) generated
ensuring storage not more than during desludging of sumps
90 days. and CETP have been sent
to TSDF for disposal.
About 680+200= 880 MT of
sludge lying at the CETP be
also sent to TSDF as early
as possible and within 90
days of its generation.
Further, sludge generated
during the on-going
desludging activity shall
also be sent within the
required period.

56
13 The 55 units of 1216 industrial units in Immediate MPCB Assessment of current number of CETP/MPCB 15/12/2020 MPCB communicated list of
MIDC Tarapur, which are not member of units in MIDC Tarapur vis-à-vis members with CETP and
the CETP, may be examined by MPCB w.r.t. their CETP membership and CETP has confirmed that
wastewater generation from their identification of waste water 1216 units have
processes. In case it is found that their generating units not having CETP membership to CETP.
processes generate wastewater, necessary membership for disposing their
action be taken by MPCB. waste water and taking necessary
action against such identified units.
14 MPCB to review authorization of CETP in Immediate MPCB MPCB/CETP 31.12.2020 MPCB has already worked
terms of sludge quantity. Assessment of CETP sludge and Authorization for CETP
generation and stipulating sludge is under revision
quantity of CETP sludge in from 7 MT/D to 10 MT/D.
combined consent cum
authorization.
15 CETP is also required to work upon Immediate & CETP 1. Removal of unwanted CETP - Will be initiated upon
housekeeping of entire premises with Continuous scraps/material from the Old completion of upgradation
cleanliness, plantation, internal roads etc. CETP site. work.
2. Repairing of internal roads
and converting pathways into
pucca.
3. Plantation of trees in open
spaces consultation with
agriculture expert.

Restoration/remediation of contaminated ground water and drains and, if applicable, the two creeks (NavapurDandi Creek and
KharekuranMurbe Creek) and seashore also

57
16 Selection of a consultant to prepare Immediate MPCB 1. Consultation with expert 31.01.2021 MPCB MPCB has received sample
Detailed Project Report (DPR) and provide institute on selection of TOR from the CPCB and is
consultancy services for remediation of consultant and in process to finalize IIT
contaminated sites in and around Tarapur procedures of selection Mumbai as a consultant to
MIDC for the Phase-I (detailed carry out the study.
investigation, remediation plan, etc.) and 2. Selection of consultant 30/04/2021 MPCB has already
Phase-II (execution as per the remediation for DPR preparation and discussed this issue in
plan) work. providing consultancy length with IIT and NGRI,
services. Hydrabad. Work is in
progress.
17 Execution of Phase-I and Phase-II work as As per DPR MPCB Award of work to the expert As per the DPR MPCB Will be executed as per the
per the DPR institute and execution of work as DPR.
per the DPR.
Expenses to be met for implementing the above remediation plan as at Sl. No. 16 and 17 above
18 Recovery of damage and restoration cost Immediate MPCB Issuance of directions to the 102 MPCB 23/10/2020 Completed.
from the respective 103 polluting units as units and the TEPS CETP for Board has issued the
recommended in the committee’s report deposition of damage and directions on 23/10/2020
restoration cost. to all 103 units.

Deposition of damage and Respective 24/10/2020 One unit has deposited

restoration cost from the 103 units damage and restoration
polluting units cost of Rs. 14.23 lakh.
Initiation of necessary
action against the 102 units
is in progress in the light of
the Hon’ble Supreme Court
order dated 14/12/2020.

58
19 In case the cost of remediation increases As & when MPCB Will be refunded or collected MPCB As & when Will be refunded or
or decreases to that of Rs. 75 Cr., the required depending upon DPR preparation required collected as and when
amount may be collected or refunded to and completion of remediation required.
each of the said polluting units, as the case work
may be, in the same proportion as has
been recommended in the committee’s
report
20 In case recovery of the remediation cost Immediate MPCB Allocation of funds of Rs. 75 Cr. MPCB As & when Completed.
from the polluting units is delayed or not for meeting the expenditure required In case recovery of the
met partially or fully due to one or other towards remediation activities of remediation cost from the
reasons at any stage, the Govt. of contaminated sites by MPCB. polluting units is delayed or
Maharashtra may initially incur such not met partially or fully,
assessment and remediation cost and MPCB has decided to meet
initiate the remediation activities such as such cost.
allocation of fund, selection of consultant,
etc., as outlined above, in a month in
consultation with MPCB.

59
 Annexure-III
Action Plan on Prohibition of use of contaminated ground water in affected areas in and around Tarapur
MIDC till remediation plan is implemented

Sr. Action points as Time Responsible Action Points to Executing Proposed Compliance status as on 28.12.2020
No recommended in the Target agency meet the Action agency time target
Committee’s report for identified by Plans as at
remedial measures the Column
Committee
1. Till the remediation plan Immediate CGWA,MIDC Identification of Ground Immediate 13 GPs and 16 villages were identified in and
is implemented, use of and District affected area of Water around Tarapur MIDC with respect to
contaminated ground Administrati ground water Surveys ground water contamination.
water in affected area of on contamination and
in and around Tarapur Developme 86 water samples from Government
MIDC may be prohibited nt marked borewells/dug wells and 535 water
for drinking purpose Authorities samples from private borewells were
(GSDA) sampled and analysed for chemical and
Palghar;BD bacteriological testing. Out of that 5
O Palghar, Government and 61 private samples are
and; Sub- found unfit for consumption for Iron and
divisional Turbidity factor. In addition 10 randomly
Water selected samples were taken from these
Testing villages and tested for heavy metals and
Laboratory found fit for consumption. Noheavy metals
detected in these 10 samples.
However, there is need to identify villages
other than aforesaid 16 villages where there
may have potential impact on ground
water.

60
Remedial District Immediate (i) DWSM cell Palghar already issued letter
measures to Water and dated 19/10/2020, PZP/WSD/434/2020 to
prevent use of Sanitation BDO Palghar and concern Gramsevak to stop
such unfit water Mission use of drinking from these 5 contaminated
sources and another letter issued dated
sources for (DWSM)
03/12/2020, Ref. No PZP/WSD/522/2020 for
drinking purpose Palghar; non using the water from 61 water samples
BDO for drinking purpose.
Palghar, (ii) All these 13 GPs and 16 Villages are having
and regional water supply scheme by MIDC for
concerned drinking purpose.
Gramsevak (iii) In the survey conducted for collection of
water samples from all these villages in the
month of November ,December 2020, it is
observed that all these sources are not used
for drinking purpose, they are being used for
domestic purposes like clothing, washing
utensils etc.

Advertisement in CEO, 04/1/2021 This was suggested by the committee in

local newspaper ZilaParisha 07thmeeting held on 29/12/2020.
about not to use dPalghar
ground water from The advertisement in this regard will be given
immediately in local newspaper.
affected ground
water sources for
drinking purpose.

61
 Annexure-IV
Action Plan on Remedying the health of the inhabitants including providing healthcare to the affected
individuals of in and around Tarapur MIDC

Sr. Activity to be carried Time Responsible Action Points to Executing Proposed Compliance status as on 28.12.2020
No out as per order dated Target agency meet the Action agency time target
17/9/2020 of the identified by Plans as at Column
Hon’ble NGT the
Committee
1. Remedying the health Immediate Zila Parishad Identification of District Immediate Completed.
of the inhabitants, Palghar areas/inhabitants Health Identified 16 villages (having population of
including providing which may Officer 24,815 households with population of
healthcare to the potentially have (DHO) 91,016 covered under the 05 PHCs; 12 sub-
affected individuals health impact due centers) which may potentially have health
to illegal discharges impact due to illegal discharges from
from Tarapur MIDC Tarapur MIDC.

These 16 villages have been selected on the

basis of representation received from
applicant of the OA No. 64/2016 (WZ)
i.e.Akhil Bhartiya Mangela Samaj to DM
Palghar as affected villages.
However, there is need to identify villages
other than aforesaid 16 villages where there
may have potential impact due to industrial
activities in Tarapur MIDC.

Orientation and DHO/ 28/11/20 Completed.

Training Taluka 20 Imparted Training to 129 health care
programme to Health officials (12 Medical Officers, 06 Health
health officials Officer Assistant, 08 Ladies Health Vistors/Genral
about Active and (THO) Nursing & Midwifery; 04 Pharmacy Officers;

62
Passive, Survey, 08 Community Health Officers, 02 Lab
Screening and Technician; 13 Auxillary Nurse Midwife; 04
Specialist Camp Multipurpose Worker; 08 Block Facilitator;
64 Accredited Social Health Activist) in last
week of November and first week of
December 2020 in different Primary health
centers and also block level.

Advertisement in DHO 04/1/202 This was suggested by the committee in 07th

local newspaper 0 meeting held on 29/12/2020.
about free health The advertisement in this regard will be
care and free given immediately in local newspaper.
screening camps to
affected habitants

House-to-House DHO/THO 18/12/20 Completed.

health survey 20 Conducted house-to-house survey during
Dec. 01-18, 2020 in which
55,844 population was screened and
following suspected persons were surveyed:
(a) Skin infections = 361
(b) Respiratory Ailments = 100
(c) Tuberculosis =14
(d) Suspected Cancer Symptoms =21
The rest population goes out to work and
was not available during survey. Their
households are being instructed that said
person can consult for their ailments in free
screening camps if they require, also contact
No. of ASHA'S is given to every household in
jurisdiction of area distributed to ASHA'S.

63
Conducting Health DHO/THO Dec. 2020 Due to other national programmes the
Screening Camps screening camps are arranged in third week
for the surveyed of January as a revised plan.
people Screening camps will be conducted at
respective primary health centres and
medical officers and health staffs will
primarily screen the surveyed people &
others and if found suspected then will
submit them for investigations and for
specialist camps.

Conducting DHO Quarterly Specialist Camps for follow up of identified

Specialist Camps (From patients will be conducted quarterly at PHC
for follow up of fourth (after completing screening through the
identified patiens week of aforesaid Screening Health Camps).
January Specialists camps will be conducted after
or first screening camps in fouth week of january or
week of first week of february as per date availability
February of specialists
2021)

Distribution of DHO As and This will be done after specialist camps as

medicines and when and when required w.e.f. February 2021
patient referral to required
tertiary care w.e.f.
healthcare centres February
2021

64
 Annexure- V

Environmental Compensation calculation applicable on the 25 MLD CETP operator for

continued violations till the reported period i.e. 28/12/2020

Environmental Compensation (EC), as per the Report of the CPCB In-house Committee on
Methodology for Assessing Environmental Compensation and Action Plan to Utilize the Fund
and as referred in order dated 28.08.2019 of the Hon’ble National Green Tribunal in the matter
of Paryavaran Suraksha Samiti & Anr. Applicant(s) Versus Union of India & Ors., is as below:

EC = PI x N x R x S x LF
Where,

EC is Environmental Compensation in ₹

PI = Pollution Index of industrial sector

N = Number of days of violation took place

R = A factor in Rupees (₹) for EC

S = Factor for scale of operation

LF = Location factor

As per the aforesaid CPCB report, the above factors applicable in the matter under reference
to M/s TEPS-CETP is:

PI= 80;
N= one month after order dated 17/9/2020 of the Hon’ble NGT (by which operation of
the CETP were to be closed in the event of violations/non-compliances) till the
analysis reported up to 07/12/2020 wherein inlet/outlet effluent from the CETP didn’t
meet the prescribed norms (except on 23/11/2020)= 49 days
R = Rs. 250/- (although maximum range is given up to Rs. 500/- in the aforesaid CPCB
report, it has been suggested to consider R as 250, as the Environmental
Compensation in cases of violation.)
S = 1.5
LF = 1
Therefore, EC= Rs. 14,70,000/- (Rupees Fourteen lakhs seventy thousand only) w.e.f.
17/10/2020 till the reported period up to 07/12/2020.

(Note: The committee has not applied deterrent factor giving benefit of volunteer shut
down by the CETP operator)

65
 Appendix- A

Daily water supplied to MIDC Tarapur & effluent pumped into/from

the CETP
Date Water Effluent pumped from Sump to Treated effluent Remarks
supplied CETP (MLD) pumped to Sea (MLD)
to MIDC
Tarapur
(in MLD)
$
Sump 1* Sump 3 Sump-4 Gravity Sump 2 Sump 5 Total
28-11-2020 4.50 0 1.2 0 0 0 0 Effluent
pumping &
29-11-2020 5.60 0 0.8 0 0 0 0 water
supply
stopped
due to
breakdown
of main
disposal
line.
30-11-2020 24.50 0 0.3 1.2 2 0 2
01-12-2020 25.00 3.62 0 1.4 1.95 2.12 4.07
02-12-2020 24.50 1.5 0 1.2 1.9 6.03 7.93
03-12-2020 24.00 3.50 1.05 0.80 1.80 7.18 8.98
04-12-2020 24.50 4.00 1.20 0.80 1.95 4.25 6.20
05-12-2020 24.50 2.50 0.00 1.00 1.85 4.90 6.75
06-12-2020 24.00 2.50 0.90 0.80 1.80 0.00 1.80
07-12-2020 23.50 4.50 1.20 0.60 1.90 8.83 10.7
3
08-12-2020 24.00 5.75 0.75 0.80 1.95 4.87 6.82
09-12-2020 24.50 5.00 0.60 0.60 1.70 7.40 9.10
10-12-2020 24.00 4.00 0.52 0.50 1.85 8.72 10.5
7
11-12-2020 19.00 5.50 0.90 0.60 1.95 7.79 9.74
12-12-2020 24.50 7.00 0.60 0.60 1.80 7.23 9.03
13-12-2020 24.00 8.05 0.90 0.50 1.75 7.18 8.93
14-12-2020 24.50 8.05 0.95 0.40 2.00 8.94 10.9
15-12-2020 23.50 5.60 0.70 0.40 1.63 0.00 1.63
16-12-2020 4.50 0.00 0.00 0.00 0.00 0.00 0.00 Effluent
17-12-2020 5.00 0.00 0.00 0.00 0.00 0.00 0.00 pumping &
water
18-12-2020 6.50 0.00 0.00 0.06 1.82 0.00 1.82
supply
stopped
due to
breakdown
of main
disposal
line

66
19-12-2020 23.50 0.00 0.00 0.00 1.53 0.00 1.53
20-12-2020 24.00 3.15 0.95 0.55 1.92 10.44 12.3
6
21-12-2020 23.50 7.00 0.85 0.60 1.68 7.56 9.24
22-12-2020 24.00 7.70 0.40 0.80 1.85 7.72 9.57
23-12-2020 24.50 7.00 0.40 0.20 1.61 6.59 8.20
24-12-2020 24.50 8.05 0.55 0.35 1.45 7.11 8.56
25-12-2020 24.00 7.00 0.60 0.45 1.72 7.57 9.29
26-12-2020 23.50 6.30 1.05 0.80 1.85 8.99 10.8
4
27-12-2020 24.00 8.40 1.25 0.40 1.96 10.13 12.0
9
28-12-2020 24.50 8.40 0.80 0.40 1.95 4.62 6.57

*Effluent coming from units to Sump 1 which is pumped to the new CETP
$
Treated effluent from the new CETP is pumped for disposal into sea

67
 Appendix- B

Analysis results of inlet and outlet effluent of the 25 MLD CETP and
the new CETP (as sampled & analysed by MPCB)

25 MLD CETP INLET (Old)

Date of Suspended
COD TDS
Sr. No sample pH Solids
collection
mg/l mg/l mg/l
Consent Standards 5.5-9.0 ≤3500
1 05.10.2020 6.9 2100 230 14560
2 12.10.2020 5.6 3880 468 9281
3 14.10.2020 4.3 775 320 9234
4 21.10.2020 5.1 4800 244 17208
5 26.10.2020 5 4800 116 19851
6 26.10.2020 4 5680 65 17112
7 28.10.2020 6 5520 92 24975
8 30.10.2020 7.3 5440 423 15813
9 31.10.2020 4.7 6600 577 18538
10 01.11.2020 5.5 5640 396 20694
11 02.11.2020 7.4 3600 353 14378
12 03.11.2020 8.1 4920 496 16232
13 04.11.2020 6.7 3792 529 11374
14 05.11.2020 7.9 540 365 13587
15 06.11.2020 5.8 4920 502 9077
16 07.11.2020 6.4 3328 498 11224
17 08.11.2020 7.6 3504 380 9841
18 09.11.2020 8.2 4480 360 14528
19 10.11.2020 6.8 4920 322 21878
20 11.11.2020 6.1 6680 292 11620
21 12.11.2020 6.2 4480 348 11176
22 13.11.2020 6.3 2400 248 5794
23 14.11.2020 6.4 2896 264 5774
24 15.11.2020 6.4 2752 198 5800
25 16.11.2020 6.4 2752 292 5818
26 18.11.2020 6 2624 322 8068
27 19.11.2020 7.4 4640 268 13248
28 20.11.2020 6 6720 88 8374
29 21.11.2020 8.8 47600 589 24000
30 22.11.2020 7.2 3560 374 8970
31 23.11.2020 6.6 3920 85 9990

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 32 23.11.2020 6.6 2000 83 4778
33 24.11.2020 7 5440 95 9760
34 25.11.2020 6.4 4040 82 12540
35 26.11.2020 8.7 6040 268 11440
36 27.11.2020 7.3 5120 86 5318
37 28.11.2020 7.4 8320 174 8856
38 29.11.2020 6.1 6400 140 8826
39 30.11.2020 6.6 3160 180 7172
40 01.12.2020 8.5 3400 104 7486
41 05.12.2020 7.4 9200 498 10344
42 06.12.2020 6.4 8400 220 22228
43 07.12.2020 6.4 8480 436 22176

25 MLD CETP OUTLET (Old)

Suspended
Date of COD TDS
Solids
Sr. No sample pH
collection mg/l mg/l mg/l

Consent Standards 5.5-9.0 ≤250 ≤100

1 05.10.2020 6.4 2992 190 13160
2 12.10.2020 6.6 3720 280 13518
3 14.10.2020 6.6 3640 386 14795
4 21.10.2020 6.1 3008 97 10276
5 26.10.2020 6.2 4000 5.4 10316
6 26.10.2020 6.1 3760 5.6 16502
7 28.10.2020 5.7 4000 122 26366
8 30.10.2020 6.3 3840 754 16708
9 31.10.2020 6 3744 840 14720
10 01.11.2020 6 4240 670 14083
11 02.11.2020 5.8 3568 991 15655
12 03.11.2020 6.2 3328 705 13212
13 04.11.2020 6.4 3232 592 12120
14 05.11.2020 6.6 3136 391 11738
15 06.11.2020 6.6 3088 465 11904
16 07.11.2020 6.3 3152 338 12369
17 08.11.2020 6.5 3760 508 12232
18 09.11.2020 6.6 3616 612 12108
19 10.11.2020 6.8 3264 608 11196
20 11.11.2020 6.5 2864 460 11142
21 12.11.2020 6.6 3088 540 12152
22 13.11.2020 7 3040 574 11358

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23 14.11.2020 7.1 2928 544 11310
24 15.11.2020 7 2784 358 11138
25 16.11.2020 6.7 2944 618 10988
26 18.11.2020 6.9 2960 412 11218
27 19.11.2020 7.1 2800 292 11070
28 20.11.2020 6.8 3200 57 10180
29 21.11.2020 6.7 3320 292 10236
30 22.11.2020 6.8 5680 151 11970
31 23.11.2020 6.8 3840 94 10928
32 23.11.2020 7.6 68 11 2720
33 24.11.2020 6.9 3320 170 10320
34 25.11.2020 6.8 4120 247 10330
35 26.11.2020 7 2976 209 9808
36 27.11.2020 7.6 3400 333 11070
37 28.11.2020 7.3 3280 293 9518
38 29.11.2020 7.4 4720 389 10446
39 30.11.2020 7.3 4240 470 10620
40 01.12.2020 7.3 5400 544 10872
41 05.12.2020 6.9 1488 188 7508
43 06.12.2020 7 3480 154 11352
44 07.12.2020 7.1 3472 714 11092

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 CETP INLET (New)
Date of Suspended
COD TDS
Sr. No sample pH Solids
collection mg/l mg/l mg/l
Consent Standards 5.5-9.0 ≤3500
1 22.11.2020 6.6 976 105 5570
2 29.11.2020 7.5 3000 454 3598
3 30.11.2020 7.3 928 77 4040
4 01.12.2020 7.3 1360 55 4180
5 05.12.2020 6.6 196 80 4372
6 06.12.2020 6.4 2464 612 4604
7 07.12.2020 6.7 3056 848 4564
8 08.12.2020 5.8 2200 118 7812
9 10.12.2020 8.7 1544 112 4686
10 11.12.2020 7.5 1856 168 6332
11 12.12.2020 6 1584 170 6228
12 13.12.2020 5.4 2680 278 8300

CETP Outlet (New)

Date of Suspended
COD TDS
Sr. No sample pH Solids
collection mg/l mg/l mg/l
Consent Standards 5.5-9.0 ≤250 ≤100
1 22.11.2020 7.6 48 19 3350
2 29.11.2020 6.7 232 16 4160
3 30.11.2020 6.7 104 28 4226
4 01.12.2020 6.8 220 60 4280
5 05.12.2020 6.3 2176 270 4932
6 06.12.2020 6.6 228 84 4268
7 07.12.2020 6.7 244 90 4140
8 08.12.2020 7 320 40 5372
9 10.12.2020 7.2 284 20 4572
10 11.12.2020 6.9 232 32 5136
11 12.12.2020 7.1 272 35 5224
12 13.12.2020 7 152 71 3076

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