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GANGA POLLUTION MATTER: Writ Petition (Civil) No. 3727/1985 (M.C.Mehta Vs
UOI & Ors.)
The
Central Pollution Control Board filed an Interlocutory Application (IA) in 1999
before the Hon’ble Supreme Court seeking directions from the Hon’ble Court in
respect of the municipalities/Nagarpalikas/local bodies located in the State of
Uttar Pradesh, Bihar and West Bengal to maintain sewage treatment plants/ sewerage
systems, pumping stations, crematoria, low cost community toilets or any other
assets or infrastructure created under the Ganga Action Plan (GAP). The Hon’ble
Court on 28.3.2001 after consideration of the replies of the States of Uttar Pradesh,
Bihar and West Bengal directed that it was appropriate that the Central Pollution
Control Board jointly with the respective State Pollution Control Boards, examine
and inspect the functions of the aforesaid assets/infrastructure created under
the Ganga Action Plan in the State of Bihar, West Bengal, Uttar Pradesh and Uttaranchal
(Now, the State of Uttranchal was included, the Uttranchal has been carved
out as 27th State of India) and submit a comprehensive report indicating
to what extent the orders of this court have been complied with by the respective
authorities. The Central Board after carrying out in-depth inspection in
each of the States, jointly with the concerned Pollution Control Board, submitted
the report before the Hon’ble Supreme Court. The Central Pollution Control Board
along with the State Pollution Control Boards of Uttar Pradesh, Bihar and West
Bengal carried out inspection of 35 sewage treatment plants in Uttranchal, Uttar
Pradesh, Bihar and West Bengal from May 28th, 2001 to June 19th,
2001. The State Board of Uttranchal had not started functioning during the period
of inspection, the U.P.Pollution Control Board joined the inspection of 3 sewage
treatment plants in Uttranchal. The inspection report of the Central Pollution
Control Board provided an overview of the operation and maintenance, performance
evaluation of sewage treatment plants, conclusions and recommendations for four
States. Out of 35 sewage treatments plants planned under Ganga Action Plan Phase
– I (3 STPs in Uttranchal, 10 STPs in UP, 7 STPs in Bihar, and 15 STPs in West
Bengal), 32 are commissioned and 29 were found functioning. Based on the inspections
of the STPs and examination of various issues, the Central Pollution Control Board
recommended that the staff responsible for operation and maintenance of STPs should
be professionally qualified and trained. There should be detailed operational
manual for each STP. There should be one laboratory in each town where sewage
treatment plant with activated sludge unit is incorporated and the laboratory
should be have basic facilities for analyzing pH, conductivity, BOD, COD, SS,
Volatile SS and Dissolved Oxygen. The treatment plant should be monitored for
its performance on daily basis for BOD, COD and SS. There should be a separate
cell in the State Pollution Control Board for monitoring and management of sewage
treatment plants. The decentralized approach in management of sewage needs to
be encouraged. The Co-operative group housing societies, multistoried housing
complexes, big hotels etc. need to set up appropriate on site wastewater treatment
facilities for recycling of wastewater for gardening and other non-domestic uses
to the extent possible. The STPs should be brought under regulatory mechanism
for effective monitoring and pollution control. The municipalities must apply
and obtain consent from the concerned State Pollution Control Boards under the
Water (Prevention and Control of Pollution) Act, 1974. The Hon’ble Court accepted
the report of the Central Board and directed the concerned State Governments to
submit their comments on the said report. The matter is under consideration of
the Hon’ble Supreme Court.
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