ToxicsWatch Alliance (TWA)
To
Dr. A. B. Akolkar
Member Secretary
Central Pollution Control Board (CPCB)
New Delhi
Date: April 23, 2016
Subject- China closes its waste incinerator plant, Delhi suffering because of Chinese waste incinerator technology based power plant of Timarpur-Okhla Waste Management Co Pvt Ltd, M/s Jindal Urban Infrastructure Limited
Dear Dr Akolkar,
This is share my dismay at Central Pollution Control Board (CPCB)'s inability bring it’s its original report of March 2012 with regard to Chinese waste incinerator based power plant of Timarpur-Okhla Waste Management Co Pvt Ltd, M/s Jindal Urban Infrastructure Limited to the notice of National Green Tribunal (NGT) because of which NGT has reached flawed conclusions so far. I wish to urge you to submit your report to the NGT before the next date of hearing on 4th May, 2016. I also wish to inform you about how authorities in eastern China have halted plans to build a trash incinerator after street protests by residents. Like Chinese authorities if CPCB can ensure closure of Jindal’s waste incinerator, it will be a major and memorable contribution to NCR's landscape for generations to come and help prevent approval for hazardous industrial units in the region at a time when Delhi's residents are gasping for fresh air.
On behalf of ToxicsWatch Alliance (TWA), I wish to remind you that you were part of CPCB’s Technical Evaluation Committee constituted under the Chairmanship of Chairman, CPCB on orders of the then Union Minister for Environment & Forests. I submit that the report of this Committee noted that this plant is operating in violation of Municipal Solid Waste (Management & Handling) [MSW] Rules. It came to light from your observation mentioned in the minutes of the CPCB committee’s meeting which was annexed to the report. The ToR given by Union Ministry of Environment & Forests (MoEF)'s Experts Appraisal Committee to the project in question specifically demanded "Disaster Management Plan" but the Technical Evaluation Committee constituted by the then Union Minister of Environment & Forests headed by Chairman, CPCB observed in its report that this plan has not been prepared. It condemned the non-cooperation by the company. You were part of this committee. It is of great importance that you were part of this CPCB’s committee and your observations are recorded in the minutes of the committee annexed to its report.
TWA has been highlights dangerous implications of this plant since March 2005. I wish to inform you that I had appeared before Supreme Court’s Waste to Energy Committee headed by Dr D K Biswas and my submissions were part of committee’s report that formed the basis of Supreme Court's order of May 2007 in the Writ Petition (Civil) No.888 of 1996. Court's order dated 6th May, 2005 said, "...we hope that till the position is clear, the Government would not sanction any further subsidies." It is noteworthy that on 15th May, 2007, the Court's order "permit (s) Ministry of Non-conventional Energy Sources (MNES) to go ahead for the time being with 5 pilot projects chosen by them" but it is noteworthy that this refers specifically to bio-methanation technology. MNES is renamed as Ministry of New & Renewable Energy (MNRE) and is part of Power Ministry at present. It has been revealed through RTI that neither the proposed Delhi's waste to energy incinerator projects one of those 5 pilot projects nor is it based on the recommended technology.
I read the attached order of National Green Tribunal (NGT) dated 4th April, 2016. It is quite clear that Hon’ble Delhi High Court’s role in the case was more sensitive to the concerns of the residents and environmental groups. It appears that NGT isn’t more competent than the Hon’ble High Court although Jindal's Waste incinerator based thermal power plant started operating from January 2012 while the matter was being heard for final disposal.
It may be recalled that NGT in its order dated 10th September, 2013 recorded, “….prayer had been made that the waste to energy plant at Okhla should be closed , construction thereof should be stopped and removal of the existing plant. The averments in this Application are that the plant in question is causing serious environmental pollution and is resulting in health hazards to the residents living around the area of this Plant.”
The following text of the order makes factually incorrect proposition, misrepresents and misinterprets the Hon’ble High Court’s order which requires to be challenged because it is in this order that NGT declined to order closure of the plant.
The relevant part of the attached order reads: “It may be noticed at the very outset that this plant came into existence as a result of a decision being taken by the Ministry of Non-conventional Energy Resources to establish pilot projects dealing with the municipal waste. The Hon’ble Supreme Court of India vide its Order dated 16th May, 2007 had directed as under:-
‘In view of the report of the Committee and having regard to the relevant facts, we modify the order passed by this Court earlier and permit Ministry of Non-conventional Energy Sources (MNES) to go ahead for the time being with 5 pilot projects chosen by them, keeping in view the recommendations made by the Expert Committee and then take appropriate decision in the matter. List the application for further orders after six months.’ Thereafter, a Writ Petition was filed by the Applicants before the High Court on 12th August, 2009. The learned Addl. Solicitor General informed the High Court that the Project in question was one of the pilot projects recommended by the Expert Committee appointed by the Hon’ble Supreme Court of India and two similar pilot projects at Vijaywada and Hyderabad, as recommended, have started functioning. Further, in the Order dated 15th January, 2012, the High Court noticed that it was apparent that though technology for the project was approved by the Hon’ble Supreme Court of India, the site of the MSW was neither approved by the Hon’ble Supreme Court of India and to that extent the Order of 12th August, 2009 passed by the High Court was given. As is evident that the project technology was approved by the Hon’ble Supreme Court of India but not the site, this plant has already been commissioned and is under operation undisputedly from the 2012, and it deals with the entire municipal waste collected from the city of Delhi. We must notice that this plant admittedly has been granted environmental clearance by the Ministry of Environment and Forests (MoEF). There is no challenge in the Writ Petition to the grant of environmental clearance and other incidental steps taken in finalization of the same in terms of the EIA Notification 2006.” There is documentary evidence in the form of Hon’ble High Court’s order and CPCB’s report to prove that the above proposition is deeply flawed and factually incorrect.
I submit that Jindal’s power plant is amidst residential colonials and institutions of national importance like Central Road Research Institute, Institute of Genomics and Integrative Biology and the Indian Institute of Information Technology. Such toxic emissions from the Jindal's power plant in an ecologically sensitive area and thickly populated area has become a routine affair with all the concerned authorities turning a blind eye towards this illegitimate and illegal act. This plant has violated all the rules in the rule book.
Besides violating all the relevant laws and rules, this plant is violation of Wildlife Protection Act 1972 creating a compelling reason for the closure of this plant. The plant became operational in 2012 but it is using untested and unapproved Chinese incinerator technology, a fact noted in the report of the Central Pollution Control Board committee constituted after a delegation had met Shri Jairam Ramesh, the then Union Minister of Environment & Forests pursuant to his site visit of the plant. It is noteworthy that the Union Environment Minister had written to the then Chief Minister, NCT of Delhi underling that the plant is functioning in violation of environmental regulations.
This plant is in a green belt contrary to the Master Plan of Delhi, in contravention of section 3(2) (v) of the Environment (Protection) Act, 1986, Rule 5 (ix) of Environment (protection) Rules, 1986 and Guidelines for Establishment of Industries issued by MoEF.
As per Hon'ble Supreme Court's order in the Writ Petition (Civil) No.888 of 1996 such subsidies are not meant for incinerator plants like the one in Okhla. Court's order dated 6th May, 2005 said, "...we hope that till the position is clear, the Government would not sanction any further subsidies." It is noteworthy that on 15th May, 2007, the Court's order "permit (s) Ministry of Non-conventional Energy Sources (MNES) to go ahead for the time being with 5 pilot projects chosen by them" but it is noteworthy that this refers specifically to bio-methanation technology. MNES is renamed as Ministry of New & Renewable Energy (MNRE) and is part of Power Ministry at present. It has been revealed through RTI that neither the proposed Delhi's waste to energy incinerator projects one of those 5 pilot projects nor is it based on the recommended technology.
It is apparent that amendments made in the EC have been made to gain this assistance of Rs 1.5 crore/MW even as the stay by the Supreme Court on sanction of any further subsidies for projects on energy recovery from Municipal Solid Wastes continues to be in force, in manifest violation of Court's order. In the light of the Court's order MNRE must be persuaded to withdraw or modify its letter (No.10/3/2005-UICA) to stop promotion of polluting technologies like incinerators.
Hon'ble Supreme Court is quite categorical in saying, "The Committee has recommended that projects based on bio-methanation of MSW should be taken up only on segregated/uniform waste unless it is demonstrated that in Indian conditions, the waste segregation plant/process can separate waste suitable for bio-methanation. It has opined that there is a need to take up pilot projects that promote integrated systems for segregation/collection/ transportation and processing and treatment of waste. In view of the report of the Committee and having regard to the relevant facts, we modify the order passed by this Court earlier and permit Ministry of Non-conventional Energy Sources (MNES) to go ahead for the time being with 5 pilot projects chosen by them, keeping in view the recommendations made by the Expert Committee and then take appropriate decision in the matter." Despite this Delhi Government has erred in supporting illegal waste to energy incinerators in Delhi which is contrary to the Court's order.
But Delhi Government falsely claimed in the High Court that it was one of the five projects cleared by Supreme Court leading to dismissal of petition filed by residents but when the High Court later found to its shock that such a claim was manifestly untrue, the petition was restored. It was in March 2009 that Writ Petition (Civil) No. 9901 of 2009 which was initially dismissed on 12th August, 2009 because of misrepresentation of facts by Shri A S Chandiok the then Additional Solicitor General. Hon'ble High Court later found that it was misled earlier which had led to it dismissing the petition. The Petition was restored by an order dated 15th January, 2010. In the presence of Shri Chandihok, the bench headed by the Chief Justice, Delhi High Court in the order observed, "that the project in question" and "the location of the pilot project in Delhi was neither recommended by the Expert Committee nor approved by the Supreme Court."
I submit that now a bizarre situation has emerged because the arguments for Refuse Derived Fuel (RDF) incineration technology that was advanced by the company and the law officers of the previous central and state governments are no more relevant because the plant is using an experimental Chinese technology which was never ever mentioned at the time of submitting the project proposal or in its EIA report based on which a so-called Public Hearing was conducted in Saket in the presence of two officials only as per records. It was CPCB’s report that disclosed that Jindal’s power plant was using an unapproved technology. This report is a challenge to NGT’s proposition that environmental clearance given to Jindal’s plant has not been disputed.
In view of the CPCB’s report, NGT’s observation, “We must notice that this plant admittedly has been granted environmental clearance by the Ministry of Environment and Forests (MoEF). There is no challenge in the Writ Petition to the grant of environmental clearance….” is irrelevant. I submit that the 31 page long report of CPCB communicated on March 22nd, 2012 on the Timarpur - Okhla Waste to Energy Incinerator Plant of Shri Prithivraj Jindal‟s JITF Urban Infrastructure Limited (Jindal Ecopolis) is based on three meetings of the Technical Experts Evaluation Committee held on April 26, 2011, August 11, 2011 and September 22, 2011. I submit that the operation of Jindal's waste burning based power plant is an act of environmental lawlessness in the heart of the national capital.
I wish to also draw your attention to a news item “China trash incinerator project called off after protest” (Associated Press, 22 April, 2016) which reports that authorities in eastern China have halted plans to build a trash incinerator after street protests by residents. The Haiyan county government in Zhejiang province took the decision after hundreds of residents began to gathered and blocked roads. The demonstration escalated when the mob attacked a local government building, smashing objects and causing injuries to police officer and bystanders. The Haiyan government first revealed plans for the project on April 12, saying it was needed to help dispose of the 450 tons of solid waste that residents are generating every day. Recent years have seen a growing number of protests against incinerators, chemical plants and other projects believed to threaten the environment and living conditions. Those have generally been permitted despite the ruling Communist Party's pervasive crackdown on independent organizers and political critics, although arrests often follow once demonstrations die down. Environmental safety concerns have been further fueled by a string of serious accidents involving deadly chemicals in China. In August, 173 people, many of them firefighters, were killed in a chemical explosion in the port of Tianjin involving 700 tons of highly toxic sodium cyanide. Investigators said the warehouses storing the chemicals had been built too close to residential units and numerous people were arrested for violating regulations on safe distances. This news report is relevant to the goings on in Okhla. Global experience demonstrates without any dispute that incinerator based WTE plants do not resolve the issue of non-availability of land and landfill sites. This experience also shows that energy from municipal waste is not produced at any lesser price in fact it more expensive.
I submit that the myth of incinerator based WTE plant solving the problem of leachate which contaminates ground water has long been debunked. The existing literature on waste management underlines that incinerator based WTE plants constitute a meaningless and misplaced option. The fact is that it is not a solution, it is a problem creator. It gives birth to the problem of what can be deemed as landfills in the sky. It is a case of putting resources up in flames. As we have interacted on waste issue at least since 2000, I am sure you will agree that burying or burning the waste is no solution to the municipal solid waste problem.
In view of the above facts because you were part of the CPCB’s Committee, I think you have a legal and moral obligation to inform the NGT before the next date of hearing on 4th May, 2016 so that it reconsiders and revises its propositions and assumptions about Jindal’s waste incinerator based power plant in Sukhdev Vihar, Okhla to save present and future generation of residents of being enveloped in a gas chamber as a consequence of the tried, tested and failed approach adopted for waste management.
Thanking you in anticipation.
Warm regards
Gopal Krishna
ToxicsWatch Alliance (TWA)
Mb: 08227816731, 09818089660
Web: www.toxicswatch.org
P.S: MS Word version of the letter is attached
Cc
Hon'ble Chief Minister, Government of Delhi
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