Order of the National Green Tribunal regarding closure of TSDF established by M/s Ramky Enviro Engineers, Karnataka, 22/04/2019
Order of the National Green Tribunal in the matter of T. M. Umashankar & Others Vs Union of India & Others dated 22/04/2019 regarding direction for closure of Treatment, Storage and Disposal Facility (TSDF) established by M/s Ramky Enviro Engineers Ltd. and M/s Ramky Infrastructure Ltd. on the direction of State of Karnataka, Karnataka State Pollution Control Board and Karnataka Industrial Area Development Board on the ground that super fund, Residual Liability Fund and Environment Relief Fund had not been established, as required under the Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016 and there are violations of norms in operating the TSDF facility.
The matter was transferred to the Tribunal by the High Court of Karnataka. The order of the High Court further shows that a sum of Rs. 3.2 crore was transferred to an ESCROW account under the order of the High Court dated 28.11.2018. Further sum of Rs. 11,61,011/- was deposited in pursuance to order of the High Court dated 12.12.2018. According to the Writ petitioners, working of TSDF needs to be audited to ensure compliance of environmental laws, apart from ensuring deposit of funds by the service provider in the manner statutorily required. It is alleged that the environmental clearance, as required, has not been taken nor post establishment preventive and remedial steps taken to comply with the requirement of Air (Prevention and Control of Pollution) Act,1981, Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Act, 1986. The service provider is liable to pay environmental cost for the failure.
NGT directs a factual analysis report to be submitted by a joint Committee comprising the representatives of the Ministry of Environment, Forest & Climate Change, (MoEF&CC), Central Pollution Control Board (CPCB) and Karnataka State Pollution Control Board (KSPCB) within a period of two months.