NMCG will be the nodal agency for compliance
A copy of the NGT order dated 6th December 2019 is also available with this article.
7th December 2019, Delhi: The National Green Tribunal in its order published on 6th December 2019 with regard to Original Application No. 673/2018 on the issue Remedial action for 351 polluted river stretches in India has reiterated its order dated 28.08.2019 in O.A. No. 593/2017 “100% treatment of sewage may be ensured as directed by 31.03.2020” at least to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in-situ remediation and Rs. 5 lakhs per STP for default in the commencement of setting up of the STP.
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It is noteworthy that according to the latest assessment by the CPCB, there are 351 polluted river stretches in India i.e. where the Bio-chemical Oxygen Demand (BOD) content is more than 3 mg/L. As per laid down standards, river water is considered to be fit for bathing when it meets the criteria of having BOD less than 3.0 mg/L, Dissolved Oxygen more than 5.0 mg/L and Faecal Coliform bacteria to be less than 500 MPN/100 ml.
The Tribunal has also directed that “Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP.”
It has further directed that an institutional mechanism be evolved for ensuring compliance of the above directions. For this purpose, monitoring may be done by the Chief Secretaries of all the States/UTs at State level and at the National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB. For the purpose, a meeting at the central level must be held with the Chief Secretaries of all the States/UTs at least once in a month (option of video conferencing facility is open) to take stock of the progress and to plan further action. NMCG will be the nodal agency for compliance who may take the assistance of CPCB and may give its quarterly report to this Tribunal commencing 01.04.2020.
NGT direction also states that the Chief Secretaries may set up an appropriate monitoring mechanism at State level specifying accountability of nodal authorities not below the Secretary level and ensuring appropriate adverse entries in the ACRs of erring officers. Monitoring at the State level must take place on a fortnightly basis and record of progress maintained. The Chief Secretaries may have an accountable person attached to his office for this purpose. A monthly progress report may be furnished by the States/UTs to Secretary, Ministry of Jal Shakti with a copy to CPCB. Any default must be visited with serious consequences at every level, including initiation of a prosecution, disciplinary action and entries in ACRs of the erring officers.
The NGT has also directed to shorten the procedures for DPRs/tender process and if found viable business model developed at the central/state level. Wherever work is awarded to any contractor, a performance guarantee must be taken in the above terms.
The action plan prepared by the Delhi Government which is to be approved by the CPCB has to follow the action points delineated in the order of this Tribunal dated 11.09.2019 in O.A. No. 06/2012.
The NGT has also directed CPCB to conduct a survey with respect to parameters such as pH, BOD, COD, DO and Faecal Coliform and other recalcitrant toxic pollutants having a tendency of bio-magnification. The survey may be conducted by involving the SPCB/PCCs within three months. 20191206 NGT Order on River Pollution
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