CES Technical Report 126, April 2012 |
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ENVIRONMENTAL PROFILE AND PEOPLE'S LIVELIHOOD ASPECTS IN THE VICINITY OF COAL BASED THERMAL POWER PLANT AT YELLUR PANCHAYAT, UDUPI DISTRICT |
Environmental status of a region is an assessment of prevailing environmental conditions apart from ecological entities and their interactions. Environmental profiling is performed by evaluating the physical, chemical and biological components along with functional abilities of an ecosystem. This includes assessment of threats due to anthropogenic activities which may alter the physical, chemical and biological integrity of the system.
The current study profiles the environmental aspects of Yellur (including Kolachur) and surrounding villages including Nandikur, Nadsal (including Tenka Yermal), Bada, Padebetu, Santhur, Palimar, Karnire and Hejamadi subsequent to the commissioning of coal based Thermal Power Plant (TPP). The current installed capacity of TPP is 600 MW and the proposal is in pipeline to augment the capacity to 1200 MW.
Conventional generation of electricity from fossil fuel based sources like coal results in serious environmental problems (pollution of air, water and land) with far reaching local and global implications (global warming, climate change). Higher greenhouse gas (GHG) emissions are the drivers of global warming and resultant climatic changes.
Primary data was collected from the field pertaining to land, water, soil and social aspects. Socioeconomic parameters were collected through structured questionnaires, interviewing local people, medical practitioners, etc. Water and soil samples were collected through stratified random sampling. Locations of the sampling points were recorded using pre-calibrated hand held Geographical Positioning System (GPS). The baseline demographic and environmental conditions prior to setting up of TPP were collected through government agencies, local NGOs, and published literatures. Representative water samples were collected in the immediate vicinity of TPP (core zone of 2 km) as well as buffer zone of 6 km during August to November, 2011. Parameters such as pH, Total Dissolved Solids (TDS), electrical conductivity, Dissolved Oxygen (DO), light penetration and turbidity were quantified in the field. Samples were collected in the sterilized containers for further analysis at laboratory.Inorganic anionic parameters (nitrates, sulphates, chlorides, phosphates), cationic parameters (calcium, magnesium, sodium, potassium), organic bio assays (BOD; biochemical oxygen demand), chemical assay (COD; chemical oxygen demand) and heavy metals (copper, manganese, iron, cadmium, lead, mercury, cobalt, chromium and zinc) were quantified through standard protocol as per APHA (1995, 2000) and NEERI (1988). The sampled water quality data was supplemented with the data collected from the regional Pollution Control Board (PCB). PCB has been monitoring the environment parameters regularly (monthly sampling, 2010 and 2011). Temporal spatial data (of 2003 and 2011) acquired through space-borne sensors were analysed in order to understand the changes in land cover (vegetation and non-vegetation) and land use (built-up, forest, crop land, water bodies, etc.); 2003 corresponds to pre TPP while 2011 portray the situation after TPP commissioning. Temporal land use analysis reveals a decline in vegetation cover with an increase in built-up during 2003 to 2011.
During field investigations, the data pertaining to crop productivities and changes in phenological aspects (flowering, etc.) were collected from the local experts and experienced farmers.
Mismanagement of the environment is evident from the contamination of water (surface and ground), soil, and air apart from the impaired functional aspects of the biotic elements. This is evident from the reduced productivity (grains, jasmine flower, and horticultural produce – coconut, arecanut, livestock – milk), reproductive ability (livestock, poultry animals). Deposition of duston the leaves is evident during the dry seasons. Also, deposition of dust with toxicants in the floral parts of the vegetation has induced phyto-toxicity leading to poor pollination and hence reduced productivity. Reduced population of pollinators (bees, etc.) has been reported in these villages due to the degradation of the environment.
Field investigations reveal stunted growth of saplings (very evident in the TPP’s green belt), drying of leaves, corrosion of metals and resultant damage to tin roofs, dish antennas, transmission lines, railway tracks, fencing of TPP boundary, enhanced respiratory diseases, non-palatable grasses (livestock refrain from feeding on grasses), etc. This is due to deposition of supersaturated saline mist on soil and foliage. The saline mist gets released from the cooling towers, which is locally dispersed by the wind to the nearby localities even up to 2 km. The altitudinal gradient of the location has also enhanced the dispersion. Salt deposition on: 1) foliage has resulted in ‘leaf burn’ as leaf tissue is damaged due to contact with highly ionized salts, 2) crops, has attenuated the yield due to phyto-toxicity, 3) metal fixtures and accessories leading to corrosion due to the formation of metal oxides.
Analysis of the water samples collected from surface and ground water bodies within 2 km zone reveal higher inorganic anions, cations and heavy metals beyond the permissible limits of Bureau of Indian Standards (BIS) and World Health Organization (WHO). Similarly, the analysis of water samples of the villages of Yellur (including Kolachur), Nadsal (including Tenka Yermal) and Santhur by PCB also reveal of contamination. Release of effluents (oil spills rich in hydrocarbons) directly to natural drains at north-western side (Yellur) of TPP has been observed during the field work and also reported by local people in the vicinity. Also, the releaseof coal mix effluents directly into the streams has been noticed at north-western (Yellur), south-western (Yellur, Padebetu, Tenka) and southern (Kolachur) sides.The irresponsible act of releasing untreated effluents (rich in salinity, heavy metals, hydrocarbons) is primarily responsible for contamination of water (ground and surface waters) and land resources. Due to these, higher accumulations of contaminants in the environment have affected human and livestock dependent on thewater bodies and agriculture fields. The severity of the contamination is felt even at coastal region which is over 4 km (as effluent contaminated water passes through the agriculture fields). The presence of zinc, cadmium, lead, iron, cobalt, nickel, copper, chromium, manganese in water samples in the core zone (within 2 km) and also in soil samples of buffer regions of TPP reveal heavy metal contamination with xenobiotic compounds.
The transport and dry disposal of coal ash (fly ash) has resulted in the dispersion of ash particulates and fugitive dust in the neighbourhood. Intermittent release of ash pond water to nearby stream (eventually joins the Shambhavi river) in Santhur village has contaminated to ground water resources.Apart from these, leakage of saline water into agriculture fields has enhanced the salinity affecting paddy yield. Agricultural crop lands have been abandoned due to low crop yield subsequent to TPP’s contaminations. The indiscriminate disposal of synthetic substances used for coating of the GRP pipeline has also added to the soil contamination.
Socioeconomic survey of residents within 6 km zone reveals the impact on livelihood of people due to reduced crop productivity, higher instances of human and livestock health issues, damages to infrastructure, etc. which further corroborates the environmental impacts (water, soil and biotic elements) with the contamination of water, air and soil. These are summarized as follows:
- Observations during field visits
- Due to transport of coal in Open Type Box (BOBRN) wagons, spillage of coal and coal dust were occurring in the vicinity of TPP.
- Improper liners and coal stockyard without shelter has led to leaching during heavy monsoon, contaminating nearby land, ground water and surface water bodies.
- Corrosion of railway tracks (parts of Konkan Railway and coal track to TPP)
- Corrosion of fencing of the green belt (of TPP), tin sheets (within TPP complex)
- Corrosion of transmission lines (could be dangerous to life as there are chances of severe hazards due to heavy precipitation)
- Corrosion of iron pillar, silver plated door frame and door of the main entrance of Subramanya (Padabetu village) and Durgaparameshwari (Nandikur village) temples located within 2 km.
- Corroded agriculture implements, dish antennas, vehicle chassis, tin roofs, well pulleys, mesh cover to wells, etc. in nearby houses
- Salt accumulation on roof tiles and walls (distemper palletisation) adjacent to TPP
- Intentional disruption of public pathways by TPP (to restrict villagers in nearby Yellur village or a mechanism to pressurize villagers to dispose of their lands)
- Improper confinement of soil in TPP complex leading to large scale erosion of soil and subsequent deposition in nearby agricultural fields.
- Sacred grove in dilapidated state due to the negligence of the TPP management, hence hurting the local sentiment.
- Direct discharge of coal mix water to nearby streams
- Illegal use of natural drains/streams for disposing TPP effluents. As the stream passes through agriculture fields there is a contamination of land and biotic elements (humans, livestock, fishes, poultry, pets, etc.)
- Hydrocarbons oozing out from the TPP complex is contaminating nearby surface water sources (north-western side of TPP, Yellur village, Mr. Kariya Shetty house)
- Contaminated tubewells (yellow colour with oily film)
- Black dust deposition on vegetation (sacred grove, etc.)
- Salt deposition evident from saline taste of mist (deposited on foliage)
- Stunted growth of jasmine plants
- Chlorosis, necrosisand leaf burn (coconut, arecanut, banana, jackfruit, mango, and other vegetation)
- Reduced population of avifauna (dwindling peafowl population) indicator of enhanced pollution levels in the environment as birds are bioindicators.
- Skin rashes, lesions, nail deformation (Onychodystrophy) in humans (children as well as adults)
- Higher instances of coughing among local people (respiratory ailments such as asthma and bronchitis, impact of minute fly ash dust in mucus membrane in superior and inferior concha)
- Higher instances of miscarriage (livestock)
- Abandoned agriculture and horticulture fields
- Enhanced aggressive behaviour among humans due to psychological stress (which is more evident in TPP affected areas)
- Labour colony with poor basic amenities (sanitation, drinking water, etc.)
- Open defecation and contamination of nearby streams has led to mosquito breeding resulting in higher instances of malaria and chikungunya among the residents in and nearby labour colony.
- Higher instances of crime due to illegal drugs and liquor (labour colony)
- Indiscriminate disposal of solid waste – coal ash (fly ash and bottom ash)
- Non-functional slurry mixer (sluicer) near the ash pond
- Lack of scientific management of coal ash; direct dumping of dry ash to the ash pond
- Absence/poor liner in ash pond, contaminating nearby ground water sources and soil due to leaching from the ash pond
- Leaching from temporary confinement pond (TPP complex) and ash pond to nearby agriculture fields
- Indiscriminate disposal of polymer used for outer coating of GRP (Glass-fiber Reinforced Plastic) pipeline in the forest land.
- Collection of drinking water from faraway places (as ground water and surface water sources are contaminated)
- Insensitive TPP and district administration (provision of drinking water, maintenance of roads, health issues of local residents)
- Lack of adequate environment regulatory mechanism in the district.
- Poor post-project environment monitoring and non-compliance of environmental norms as per MoEF,GoI guidelines.
- Inadequate compliance of environment management plan suggested during environmental clearance.
- Absence of environment management cell at TPP for regular monitoring of environmental parameters related to air, water, soil, land and health (human, livestock).
- Arrogant behaviour of the security staff including TPP officials with the local people
- Implication of local people in false criminal cases by local police as well as district administration
- Deliberate weakening of local institutions (Gram Panchayats) and Civil Society Organizations
- Reduced fish yield in the ocean, higher instances of sea shore erosion where TPP effluents are discharged (liability to the district exchequer for TPPs misdeeds)
- Inadequate and inappropriate compensation to affected families
- Cascaded environmentally hazardous activities due to TPP (proposal for cement industry, etc.)
- Forced emigration of local people due to the prevailing adverse environmental conditions
- Water samples analysis - Impacts due to contamination of water
- Higher salinity in the water samples of wells in core zone (within 2 km)
- Saltiness, greenish coloration and oily layer in well water near to streams (carrying effluents discharged by TPP) at Nadsal (Tenka, western side of TPP)
- Skin rashes, lesions, nail deformation (Onychodystrophy),
- Skin itching in northern, southern and western sides, due to the contamination of stream water (consequent to effluent discharge)
- Changes in groundwater table (due to excess drawl of groundwater at TPP site)
- Contamination of air environment
- Transport (in open trucks) and dumping of dry coal ash
- Blackish particles settle on leaves, clothes kept for drying, objects inside home, food kept open, etc. in the core zone
- Salt deposits on leaves and roofing tiles in the core zone (deposits tasted salty)
- Corrosion of tin roofing sheets, agriculture implements, dish antennas, iron fencing, vehicle chassis, etc. in the core zone
- Drying of leaves and leaf burn associated with necrosis, chlorosis, etc
- Respiratory ailments like asthma, alveolar infections, bronchitis, etc
- Eye irritation and skin itching in south-eastern side closer to silos (where fly ash is stored).
- Impact on people’s livelihood
- Reduced paddy yield in the core zone (in the 2 km radius) – reduction by 57 to 66%
- Premature falling and reduced yield of areca and coconut
- Reduction in banana yield, plantain leaves
- Livelihood of weaker section of the society is threatened with poor or no flowering of jasmine, etc.
- Scarcity of water suitable for drinking and other domestic activities
- Forced displacement without appropriate rehabilitation of native forest dwellers
- Improper valuation of ecosystem goods and services while compensating the loss
- Harassment (of the affected residents complaining/agitating against pollution) by the district administration (police and civil)
- Non-payment of compensation to the local fishermen despite the direction of Chief Minister, Government of Karnataka, Meeting on 23rd Feb 2010 (Annexure XI)
- Impact on livestock
- Ailments related to skin, respiratory tract, etc.
- Miscarriages and decline in milk yield
- Fodder – due to uptake of heavy metal has become non-palatable
- Fodder – reduced grass productivity due to salt as well as ash dust deposition
- Non-palatable grasses, and other herbs due to contamination
- Poultry death due to consumption of effluent mixed stream water
- Impact on biodiversity
- Reduced population of peafowl, foxes, wild boar, etc. within core zone.
- Disturbance in food chain due to reduced primary productivity and subsequent decline in species of fishes, crabs and frogs.
- Loss of snake habitat
- Removal of sacred groves and dilapidated state of existing groves
- Presence of pollution tolerant lichen species in the barks of vegetation closer to TPP further confirms pollution of air environment.
- Displacement of native human population
The impact of coal based TPP on water, land, air, vegetation, infrastructure, human health and livelihood, and livestock, their causes and required mitigation measures are summarised in Table i.
Table i: Field observations with causal factors and required mitigation measures
Impacts |
Causal factors |
Required mitigation measures (to be implemented by TPP with the regular monitoring of post project monitoring task force (appointed by the district administration involving all stakeholders’ representatives)) |
WATER |
- Contamination of stream water
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- Leakage from coal storage yard
- Direct discharge of effluents
- Discharge of coal mix water
- Sustained seepage and frequent overflow from ash pond
- Sewage from labour colony, open defecation in the vicinity of labour colony (the presence of feacal coliform bacteria in higher proportions further substantiates, mismanagement of sewage at TPP and also at labour colony).
- Dumping of organic solid wastes
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- Appropriate containment of coal and coal mix water by redesign of storage yard with drains and rainproof shelter
- Proper impervious liner for ash pond
- Treatment of effluents and only treated water to be let into surface water bodies (after passing through wetlands with native species of grass etc.)
- Installation of sewage treatment
- Segregation and treatment of solid wastes
- Strengthen the regulatory mechanism at local levels with adequate and trained professionals
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- Contamination of ground water
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- Salinity intrusion
- Leakage from pipe
- Leakage of saline water due to improper storage
- Deposition of salt on vegetation and subsequent discharge to soil with precipitation
- Hydrocarbon inflow
- Acidic salts like sulphates
- Heavy metal leaching
- Microbial contamination - Sewage from labour colony, open defecation in the vicinity of labour colony
|
- Avoiding supersaturated saline mist discharge from cooling towers
- Leak proof salt tolerant pipe (water intake system)
Proper storage of salt water,
Remove salinity from water before use
- Bioremediation of hydrocarbon based waste
- FGDs and other desulphurization techniques (sulphur scrubber) for arresting sulphur
- Treatment of coal mix water containing sulphates and heavy metals (bioremediation, ion exchange resins)
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- Ground water table fluctuation
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- Over exploitation of ground water
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- Rainwater harvesting through surface water harvesting and reduced dependence on ground water at TPP
- Implementation of Sujala Dhara programme to provide drinking water to the villages through the construction water storage tanks (with adequate safety and catchment conservation measures)
|
AIR |
- Salt deposition on leaves
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- Supersaturated saline mist discharge from cooling towers
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- Avoiding supersaturated saline mist discharge from cooling towers
|
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- Particulate matter dispersion
- Transport of fly ash in open trucks
- Dumping of dry ash in ash pond
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- Install functional ESPs
- Ash transport through closed conveyor belts
- Alternate use of fly ash
- Wet dumping of fly ash
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- Un-burnt carbon particles
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- Incomplete combustion of coal
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- Improved thermal efficiency
|
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- Improper air pollution control
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- Install efficient FGDs and mechanism for deNOx
|
LAND |
|
- Inappropriate land stabilization, soil management (exposed slopes) at TPP site
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- Remediation through vegetation (grasses and shrubs as soil binders)
- Slope stabilization through embankments
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- Soil microbial contamination
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- Open defecation (labour colony)
- Discharge of effluents to streams
- Discharge of labour colony sewage
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- Provide appropriate sanitation facility
- Treatment of effluents and sewage
|
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- Supersaturated saline mist discharge from cooling towers
- Leakage from pipes – degradation of land, enhanced salinity has made soil unproductive and unfit for agriculture
- Leakage of saline water due to improper storage
- Deposition of salt on vegetation and subsequent discharge to soil with precipitation
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- Avoiding supersaturated saline mist discharge from cooling towers
- Leak proof salt tolerant pipe (water intake system)
- Proper storage of salt water
- Remove salinity from water before use
- Scientific assessment of lands affected by salinity for restoring the land (fit for agriculture and sustain livelihood of people)
- Beside the compensation for loss of crop for the particular year, it has to be extended till the salinity affected cropland are restored
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|
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- At least 33% vegetation cover at the project site as per the environment norms of GoI and also as per the stipulations of environment clearance
|
VEGETATION |
- Leaf burning, drying of leaves
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- Salt deposition on leaves
- Salinity in subsoil root systems
- Fly ash dust on leaves
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- Avoiding supersaturated saline mist discharge from cooling towers
- Leak proof salt tolerant pipe (water intake system)
- Proper storage of salt water
- Remove salinity from water before use
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- Chlorosis and necrosis
- Mottling and dwarfing
- premature fall of coconut
- non-flowering of jasmine
- loss of Thulasi (Ocimum sanctum)
- decrease in yield of paddy, banana, areca
- reduced productivity of fodder crops (local grass, herbs)
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- Phyto-toxicity due to salinity, SOx, NOx and heavy metals
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- FGDs and other desulphurization techniques (sulphur scrubber) for arresting sulphur
- Treatment of coal mix water containing sulphates and heavy metals (bioremediation, ion exchange resins)
|
- Particulate deposition on leaves
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- Absence of multitier vegetation
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- Plant appropriate saplings to mitigate dust and noise
|
INFRASTRUCTURE |
- Degradation of tin sheets, agriculture implements, vehicle chassis, dish antenna, well pulleys, wire mesh of wells, transmission lines, railway tracks, fencing, roof tiles,
- Flake formation in distemper for walls
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- Salt deposition and consequent corrosion
- SOx
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- Avoiding supersaturated saline mist discharge from cooling towers
- FGDs and other desulphurization techniques (sulphur scrubber) for arresting sulphur
|
HUMAN HEALTH AND LIVELIHOOD |
- respiratory ailments like asthma, alveolar infections, bronchitis, etc.
- eye irritation and skin itching Skin rashes, lesions, nail deformation (Onychodystrophy),
- Digestive disorder
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- Respirable suspended particulates
- Leakage/discharge of hydrocarbon based substances
- Contamination of surface/ground water bodies and soil from coal mix water due to fugitive dust suppression or rainfall run-off. Exposure of coal to air and water results in the oxidation of the pyrite to sulphate and sulphuric acid, causing acid mine drainage.
- Contamination of water – SOx, heavy metals,
- Faecal contamination
- Allergenic responses
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- Functional ESPs
- FGDs and other desulphurization techniques (sulphur scrubber) for arresting sulphur
- Avoiding supersaturated saline mist discharge from cooling towers
- Bioremediation for heavy metals
- Treatment of effluents and sewage
- Using closed conveyor belts for transfer of fly ash
- Wet disposal of ash
- Multitier and well maintained green belt around the TPP as well as ash pond
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- Conversion of water tanks (constructed under Sujaladhara programme for supplying drinking water to nearby villages – Santhur).
- Livelihood of weaker section of the society is threatened with poor or no flowering of jasmine, plantain leaves, thulasi, etc.
- Reduced yield of agricultural (paddy, etc.) and horticultural (Areca, coconut, cashew, tamarind, Guava, etc.) crops
- Scarcity of water suitable for drinking and other domestic activities
- Forced displacement without appropriate rehabilitation of native forest dwellers
- Improper valuation of ecosystem goods and services while compensating the loss
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- Conversion of water tank/pond to ash pond, depriving local people of their basic need – clean drinking water
- Phyto-toxicity
- Effluent contaminating water sources
- Indifferent attitude/apathy of TPP officials towards local people
- Inhuman district authorities (forced eviction of local inhabitants during high monsoon at midnight) and insensitive to environment contamination complaints.
|
- Restore/ construct water pond/tank with adequate safety measures to provide drinking water to the villages
- FGDs and other desulphurization techniques (sulphur scrubber) for arresting sulphur
- Treatment of coal mix water containing sulphates and heavy metals (bioremediation, ion exchange resins)
- Avoiding supersaturated saline mist discharge from cooling towers
- Sensitise district authorities (including DC) of environmental ethics, valuation of ecosystem services and goods
- Issue of CFO (Consent for continued operation) by regulatory authorities only on compliance of environmental norms
- Environmental Management Cell (EMC) with qualified environmental professionals for regular monitoring and environmental auditing
- Capacity building of the district administration of India’s environmental legislations pertaining to air, water, environment, forest dwellers rights, fundamental rights of the citizens, Biodiversity act, MSW rule, etc.
- Strengthen the regulatory mechanism at local levels with adequate and trained professionals
|
LIVESTOCK |
- Ailments related to skin, respiratory tract, etc.
- Miscarriages and decline in milk yield
- Fodder – due to uptake of heavy metal has become non-palatable
- Fodder – reduced grass productivity due to salt as well as ash dust deposition
- Non-palatable grasses, and other herbs due to contamination
- poultry death due to consumption of effluent mixed stream waters
|
- Respirable suspended particulates
- Leakage/discharge of hydrocarbon based substances
- Contamination of surface/ground water bodies and soil from coal mix water due to fugitive dust suppression or rainfall run-off. Exposure of coal to air and water results in the oxidation of the pyrite to sulphate and sulphuric acid, causing acid mine drainage.
- Contamination of water – SOx, heavy metals,
- Phyto-toxicity
- Effluent contaminating water sources
|
- Avoiding supersaturated saline mist discharge from cooling towers
- Bioremediation for heavy metals
- Treatment of effluents and sewage
- Functional ESPs
- FGDs and other desulphurization techniques (sulphur scrubber) for arresting sulphur
- Using closed conveyor belts for transfer of fly ash
- Wet disposal of ash
- Multitier and well maintained green belt around the TPP as well as ash pond
|
The act of contaminating air, water and soil impinges on the fundamental rights of local population for clean air and water. Water act of 1974 emphasizes the polluter pays principle and as per the provision of Water Act of Government of India the polluter is to be penalized and action has to be taken as per the prevailing law of the land for contaminating vital natural resources. As per the Environment Act of GoI, TPP and district administration (including regulatory authorities) are required to:
- comply with the norms stipulated by MoEF while granting environmental clearance;
- set up an environmental cell for regular monitoring of air, water, land and social elements (humans and livestock);
- ensureclean water for drinking and irrigation. The quality of the water shall be as per the stipulated guidelines (BIS 10500, NEERI);
- conduct mandatory monthly environmental auditing to ensure compliance of the environmental norms as per the stipulations;
- conduct mandatory third party auditing outsourced to a reputed institution with adequate technical and scientific capability;
- ensure air quality management through mitigation of emission by installation of functioning gadgets (ESP, FGD, NOx burners, etc.). Contaminations in the air, soil and water environment is mainly due to non-functional environmental gadgets - even simple gadgets such as slurry mixer is non-functional;
- stopsupersaturated saline mist discharge from the cooling tower;
- refurbish current ash pond with impervious liners and proper mix of fly ash with water to prevent its dispersion in the air;
- create a green belt in the immediate vicinity with a multitier vegetation which has higher tolerance to dust and other contaminants.Setting up residential quarters for TPP officers (including CEO’s) in the immediate vicinity would also ensure sustained maintenance of the region’s air and water integrity;
- providealternate livelihood for affected people(jasmine growers, arecanut and coconut plantations, paddy cultivators, etc.);
- supply of treated water to all residents in the affected villages (without any discrimination);
- management and regular maintenance of the roads to ensure better infrastructure in the region;
- transport of ash only through closed containers via conveyors to prevent spillage and dispersion through wind;
- coal storage yard with impervious liners and adequate drainage apart from protection from incessant high precipitation;
- Restoring connectivity of the natural drains while ensuring zero effluent discharge;
- Scientific evaluation of agriculture lands (affected by salinity, etc.) by an independent competent authority and ensure the implementation of recommendations to enhance the soil productivity;
- Compensation to be provided to all affected families (till lands are restored as per scientific committee recommendations and restoration of crop productivities comparable to the earlier years – before commissioning of TPP);
- Establishment needs to shed colonial style of functioning and address social and environmental issues on priority;
- Need to adopt appropriate latest machineries (than outdated refurbished machineries) to minimize pollution.
"Few people realize that the 21st century is going to be the century of the environment. Technological change in this century is going to be heavily driven by the environmental imperative. Any nation that forgets to invest in environmental science and technology will only do so at its own peril - its economy and the lives and health of its people. Human technologies will be forced to mimic nature's cycles and gentleness. Else they will threaten the very survival of the human race."- Anil Agarwal, Founder - Centre for Science and Environment
Legal framework: Table ii lists the environmental issues and the violations. Consistent sustained environmental violations are evident from the prevailing health conditions (biotic and also abiotic components of the ecosystem/region). It is painful to any sensible citizen of India to see the indifferent attitude of the district administration not taking firm action against the polluters but adopting hostile approach towards the public.
Table ii: Environmental issues with violations of the legislations of GoI applicable to all regions, of federal states in India
Environmental issues at Yellur |
Violation of the environmental laws and regulations |
Supersaturated saline mist discharged from cooling towers of the TPP into the atmosphere and consequent deposition in vicinity, resulting in reduced crop productivity, stunted vegetation growth, corrosion of metal utilities, increased salinity of soil and water, loss of livelihood, etc. |
- Constitution of India - Article 21 –Right to life (Judicial interpretation of Article 21 - Protection of life and personal liberty)
“No person shall be deprived of his life or personal liberty except according to procedure established by law.” (Right to live with pollution free water and air for full enjoyment of life', health, environment, housing etc has emerged as an inherent and implied right through judicial interpretation)
- Constitution of India, Recommended as Articles 30 C, 30 D - Fundamental right to safe drinking water, clean environment etc (third generation rights)
- Environment Protection Act 1986, Chapter 3
“No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed..”
- Section 22 of the Air Act, 1981 - Discharging or causing or permitting to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board
- Section 24 and 43 of the Water Act, 1972 - Prohibition on use of stream or well for disposal of polluting matter and penalty for contravention thereof
“No person shall knowingly cause or permit any poisonous, noxious or polluting mater as determined by the State Board to enter into any stream or sewer or on land; or No person shall knowingly cause or permit to enter any other matter which may impede the flow of water of the stream in a manner leading or may likely to lead to a substantial aggravation of pollution due to other causes or of its consequences. Imprisonment … and with fine.”
- Section 25/26 of the Water Act, 1972
“…no industry or process can discharge sewage or trade effluent into a stream or well or sewer or land in excess of the standards & without the consent of the Board …punishable with imprisonment ...”
- Non-compliance of stipulations of environmental clearance by MoEF
- Punishable as per Polluter Pays Principle* and also Indian criminal code
|
Discharge of effluents from TPP and ash pond including hazardous wastes to nearby natural streams resulting in contamination of surface and ground water bodies, unavailability of potable water, contamination of soil, skin diseases in humans, etc. |
- Constitution of India - Article 21 –Right to life (Judicial interpretation of Article 21 - Protection of life and personal liberty)
- Constitution of India, Recommended as Articles 30 C, 30 D - Fundamental right to safe drinking water, clean environment etc (third generation rights)Constitution of India, Directive Principle – Right to health
- Environment Protection Act 1986, Chapter 3
- Section 24 and 43 of Water Act, 1972 - Prohibition on use of stream or well for disposal of polluting matter and penalty for contravention thereof
- Section 25/26 of the Water Act, 1972
- Hazardous Wastes (Management and Handling) Rules, 1989
Responsibility of occupier for handling of wastes "The occupier generating hazardous wastes ..... shall take all practical steps to ensure that such wastes are properly handled and disposed of without any adverse effects which may result from such wastes and the occupier shall also be responsible for proper collection, reception, treatment, storage and disposal of these wastes either himself or through the operator of a facility....."
Packaging labeling and transport of hazardous wastes "(1) Before hazardous wastes is delivered at the hazardous waste site, the occupier or operator of a facility shall ensure that the hazardous wastes is packaged in a manner suitable for storage and transport and the labelling and packaging shall be easily visible and be able to withstand physical conditions and climate factors. (2) Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of the rules issued by the Central Government under the Motor Vehicles Act, 1988 and other guidelines issued from time to time."
- Non-compliance of stipulations of environmental clearance by MoEF
- Punishable as per Polluter Pays Principle* and also Indian criminal code
|
Leakage of salt water intake pipeline and contamination of nearby water bodies and land resulting in increased salinity in unavailability of potable water, reduced paddy productivity |
- Constitution of India - Article 21 –Right to life (Judicial interpretation of Article 21 - Protection of life and personal liberty)
- Constitution of India, Recommended as Articles 30 C, 30 D - Fundamental right to safe drinking water, clean environment etc. (third generation rights)
- Hazardous Wastes (Management and Handling) Rules, 1989
- Punishable as per Polluter Pays Principle* and also Indian criminal code
|
Inconsiderate disposal of plastic coating from GRP pipeline and contamination of soil resulting in deterioration of soil quality and possibility of leaching to nearby water bodies |
- Constitution of India - Article 21 –Right to life (Judicial interpretation of Article 21 - Protection of life and personal liberty)
- Constitution of India, Recommended as Articles 30 C, 30 D - Fundamental right to safe drinking water, clean environment etc. (third generation rights)
- Hazardous Wastes (Management and Handling) Rules, 1989
- Punishable as per Polluter Pays Principle* and also Indian criminal code
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Inadequate green cover around TPP and ash pond |
- Environment policy 2006
- Non-compliance of stipulations of environmental clearance by MoEF
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Mismanagement of coal ash (open transport) and ash pond (improper liner resulting in leaching to nearby water bodies, dry disposal resulting in dispersion of fugitive dust particles in the vicinity, discharge of ash mixed water to nearby stream) |
- Constitution of India - Article 21 –Right to life (Judicial interpretation of Article 21 - Protection of life and personal liberty)
- Constitution of India, Recommended as Articles 30 C, 30 D - Fundamental right to safe drinking water, clean environment etc. (third generation rights)
- Environment Protection Act 1986, Chapter 3
- Section 24 and 43 of Water Act, 1972 - Prohibition on use of stream or well for disposal of polluting matter and penalty for contravention thereof
- Section 25/26 of the Water Act, 1972
- Section 22 of the Air Act, 1981 - Discharging or causing or permitting to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board
- Hazardous Wastes (Management and Handling) Rules, 1989
- Non-compliance of stipulations of environmental clearance
- Punishable as per Polluter Pays Principle* and also Indian criminal code
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Destruction of scared groves (nagabana, village forest ) during construction of TPP |
- Indian Forest Act, 1927 – Chapter 3 and 4
- Forest Conservation Act 1980 – Section 2
- Biological Diversity Act, 2002
- Wildlife Protection (Amendment) Act, 2002 – Section 36 and 36c – Declaration and management of community reserve
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Fluctuations in ground water levels in the vicinity of TPP |
- Water Cess Act, 1977, Requiring specified industries to pay cess on their water consumption
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Reduction in crop productivity (agriculture, horticulture) due to phytotoxicity and emissions from coal burning |
- Section 22 of the Air Act, 1981 - Discharging or causing or permitting to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board
- Punishable as per Polluter Pays Principle* and also Indian criminal code
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Impact on livelihood of tribal community growing jasmine flowers |
- Tribal act
- Forest dwellers act 2006
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Mismanagement of solid waste |
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Sewage contamination |
- Violation of water Act 1981
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Removal of sacred groves, loss of biodiversity, - flora and fauna |
- Punishable as per provisions of the Indian Forests Act, 1927 (16 of 1927) and Forest (Conservation) Act, 1980 (69 of 1980) the Wildlife (Protection) Act, 1972 (53 of 1972) and also Biological diversity act 2002.
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*Polluter Pays Principle (PPP)
Customary international laws:
OECD Joint Working Party on Agriculture and Environment, 2001
"... the polluter should be held responsible for environmental damage caused and bear the expenses of carrying out pollution prevention measures or paying for damaging the state of the environment where the consumptive or productive activities causing the environmental damage are not covered by property rights."
Judiciary in India recognizes the PPP
Judgments delivered by the Supreme Court of India on various cases further substantiates the environmental consciousness of the Judiciary and also rich legislations in India, which unfortunately not being implemented due to laxity of government officials and regulatory agencies.
- “The enterprise must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm, and it should be no answer to the enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part. If the enterprise is permitted to carry on an hazardous or inherently dangerous activity for its profit, the law must presume that such permission is conditional on the enterprise absorbing the cost of any accident arising on account of such hazardous or inherently dangerous activity as an appropriate item of its overheads. Such hazardous or inherently dangerous activity for private profit can be tolerated only on condition that the enterprise engaged in such hazardous or inherently dangerous activity indemnifies all those who suffer on account of the carrying on of such hazardous or inherently dangerous activity regardless of whether it is carried on carefully or not. This principle is also sustainable on the ground that the enterprise alone has the resource to discover and guard against hazards or dangers and to provide warning against potential hazards.”
- "The Polluter Pays Principle means that absolute liability of harm to the environment extends not only to compensate the victims of pollution, but also to the cost of restoring environmental degradation. Remediation of damaged environment is part of the process of sustainable development"
- ”Where an enterprise is engaged in a hazardous or inherently dangerous activity and causes harm to any one on account of an accident, the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions as laid down in tortuous principles of strict liability…”
- “The ‘Polluter Pays’ principle demands that the financial costs of preventing or remedying damage caused by pollution should lie with the undertakings which cause the pollution, or produce the goods which cause the pollution, Under the principle it is not the role of Government, to meet the costs involved in either prevention of such damage, or in carrying out remedial action, because the effect of this would be to shift the financial burden of the pollution incident to the taxpayer.”
- “The ‘Polluter Pays Principle’ as interpreted by this Court means that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. Remediation of the damaged environment is part of the process of ‘Sustainable Development’ and as such the polluter is liable to pay the cost to the individual sufferers as well as the cost reversing the damaged ecology.”
- “We are however, of the view that “The Precautionary Principle” and “The Polluter Pays Principle” is essential features of “Sustainable Development.” The “Precautionary Principle” – in the context of the law – means: (a) Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. (b) The “onus of proof” is on the actor or the developer/industrialist to show that his action is/was environmentally benign. (c) We have no hesitation in holding that the precautionary principle and the Polluter Pays Principle are part of the Environmental Law of the Country.”
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