Environment
Support Group ®
S-3, Rajashree Apartments, 18/57, 1st Main
Road, S. R. K. Gardens,
Jayanagar, Bannerghatta Road, Bangalore 560
041. INDIA
Telefax: 91-80-6341977 Fax: 91-80-6723926
(PP)
Email: esg@bgl.vsnl.net.in Website: http://www.altindia.net/esg/index.htm
Mr. Upendra Tripathy,
IAS
Chairman
Karnataka State
Pollution Control Board
Public Utility Building
Bangalore 560001
June 17, 2002
RE: Conditional Clearances for Bangalore-Mysore
Infrastructure Corridor Project issued by KSPCB and MoEF
Dear Mr. Tripathy,
We write in relation to
the Bangalore-Mysore Infrastructure Corridor Project (BMICP). As you may be aware, the BMICP was accorded
a No Objection Certificate “from the water and air pollution control point of
view” by the Karnataka State Pollution Control Board (KSPCB) on 01 August 2000
(vide Order No. KSPCB/CFE/DEO-2/AEO-2/2000-2001/208) and the expressway
component of this project was accorded conditional environmental clearance by
the Ministry of Environment and Forests (MoEF), New Delhi on 08 August 2001
(Order No. J-21012/39/2000-IA-III).
I wish to enquire as to the stage of compliance with the conditions
listed in both these clearances.
In view of the recent
statement by Mr. Ashok Kheny, Managing Director of Nandi Infrastructure
Corridor Enterprises Ltd (NICE) that the project will start ”in a month” (Times
of India, June 12, 2002 – copy enclosed), it is imperative that all conditions
stipulated by the MoEF and the KSPCB are at the minimum satisfied in order to
ensure the public interest.
We would appreciate it
greatly if you could please answer the compliance questions listed in the table
below. The exact clause that each
question refers to has also been provided for ease of reference. Any reference to “project proponent” or “project authorities” in the wording of
the conditions is taken to mean Nandi Infrastructure Corridor Enterprises Ltd.
(NICE), and any reference to “the Board” is taken to mean the KSPCB.
|
The KSPCB clearance
(No. KSPCB/CFE/DEO-2/AEO-2/2000-2001/208) states: |
Compliance Questions: |
|
“The Project is to be
cleared from all other angles of environment by the Committee constituted by
the Ministry of Environment and Forests, Govt. of India, New Delhi” [Clause 1
of Preamble] “The Project
authorities shall not undertake change of location of townships without the
prior clearance from this Board” [Clause 2 of Preamble] |
Considering that MoEF
in its environmental clearance has not cleared the townships, and that per
conditions 1 and 2 of the KSPCB NOC it implies that the MoEF should have
reviewed the project keeping the townships impacts in view, has KSPCB
prepared any alternative plan to clear the townships? This also becomes very relevant
considering Mr. Kheny’s view “environmental clearance” is not necessary for
the townships. |
|
“During the
construction phase of the expressway and other facilities the project
proponent should submit construction plan and related Environmental
Management Plan on a year by year basis and obtain approval from Board. The details are to be submitted to the
Board by January/February for the forthcoming April-March period.” [Clause 5 of
Preamble] |
In view of Mr. Kheny’s
aforementioned press statement that construction is due to start in less than
a month, has this condition been complied with? |
|
“The project
authorities shall apply and obtain individual clearances from the Board for
the industries coming up in industrial layout.” [Clause 6 of Preamble] |
In view of the MoEF’s
condition clearing only the expressway, has the KSPCB initiated necessary
action per the EIA Notification keeping in view the development of individual
industries? |
|
“The details of water
supply in-take in Cauvery River near Mahadevapura and pipeline layout details
to the townships shall be submitted to the Board and approval should be
taken.” [Clause 7 of Preamble] |
Have these details
been submitted to the KSPCB? If so, has approval
been given by the KSPCB? |
|
“The water requirement
during the construction phase of the expressway as well as the townships to
be met by treating the secondary treated water released from BWSSB sources.
The copy of agreement letter shall be furnished.” [Clause 1 of the “Water
Pollution Control” conditions] |
Per the MOU between
BWSSB and NICE, vide clause 4 (a), “BWSSB agrees to supply secondary treated
water to an extent of 85 MLD” at applicable rates (clause 6), provided that
“all accessories shall be constructed by the ‘company’ as per the BWSSB’s
approval and norms” (clause 5) and based on “approvals” and “concurrences
obtained” from the KSPCB (clause 9).
In view of this MOU, has NICE initiated requisite action? |
|
“The project proponent
shall furnish water balance details including withdrawal and return water to
Vrishabhavathi River” [Clause 2 of the “Water Pollution Control” conditions] |
Has this information
been supplied? Considering that
several downstream farmers depend on the Vrishabhavathi for cultivation, have
the implications of this decision been communicate to them by KSPCB or the
project proponent? |
|
“For industrial
purposes, utilization in parks and horticultural uses in the townships as
well as growth of roadside trees along the expressway, the project
authorities shall use tertiary treated water after subjecting the waste water
generated in the townships to the prescribed standards.” [Clause 3 of the
“Water Pollution Control” conditions] “All the tertiary treatment units shall be
totally impervious with solid impervious material on both sides and
bottom. The proponents should submit
detailed plans, structures indicating the premises. The ETP (Effluent Treatment Plant) units shall be operated
scientifically and continuously.” [Clause 5 of “Water Pollution Control” conditions] |
Has a site for the
Tertiary Treatment Plant been located by NICE for the project? Have these detailed plans been submitted
to the KSPCB? If so would we be able to obtain/review details of the same? |
|
“For each of the
townships details related to water supply, waste water reuse/disposal and
storm water management including rain water harvesting shall be submitted to
the Board based on detailed planning of each township. Particular attention should be given to
avoid possible development of slum areas.” [Clause 7 of “Water Pollution
Control” conditions] |
Have these details
been submitted to the KSPCB? Have these details been shared with affected
local Panchayats and Nagarpalikas?
Would a copy be available for review? |
|
“Computational details
of Runoff estimates to tanks including methodology, equations and design
parameters as pertinent shall be furnished” [Clause 8 of the “Water Pollution
Control” conditions] |
Has this information
been furnished, and is the same been shared with the affected local Panchayats? Keeping in view the objections of the
Tamil Nadu Government to desiltation of tanks in the Cauvery Basin under the
World Bank funded “Jalasamvardhane” project, has clarification been sought
from the Cauvery Water Tribunal on the implications of BMICP on tanks in this
region? This particularly keeping in
view Clause 2 of the General Conditions. |
|
“The project
authorities shall carry out EIA studies for 400MW power project and obtain
clearance from Karnataka State Pollution Control Board as per statutory
requirements.” [Clause 1 of “Air Pollution Control” conditions] |
Has the EIA study been
carried out? If so, could we access a
copy of the EIA? |
|
“The contingency
planning to handle accidents should include inventory of strategic areas and
downstream water use locations from river crossings. This should include appropriate models to
predict the short term impacts and take immediate mitigative measures” [Clause 3 of “General conditions”] |
Keeping in view latest
concerns on disaster management, and also specific provisions in this regard
in the Environment Protection Act and Factories Act, has this condition been
complied with? Are copies of this
available for public review as required? |
|
“Suitable land
compensation for land losers and job opportunities should be provided to the
local people.” [Clause 5(ii) of “General” conditions] |
What is the
qualitative definition of “suitable”?
In this regard, could it also be clarified how the estimated jobs
created during execution of the project is 10,000 jobs, Clause 5 (v) of the
NOC, when the Executive Summary of the REIA submitted by NICE estimates 700
jobs per month (p 13, Section 16 – i)? |
|
“Exact date of start
up work shall be informed to this Board 45 days in advance so as to make
necessary inspection.” [Clause 6 of “General” conditions] “Please note that this
is only a consent issued to you, for work commencement and to proceed with
the formalities. This does not give
any right to commission the project.
For this purpose a separate consent of the Board is to be obtained for
the discharge of liquid effluents and the atmospheric emission. An application for the same has to be made
45days in advance to your commissioning the project by remitting the
prescribed fees. Issuance of the
consent for the commissioning of the project will be considered only after
verification of action taken and compliance.” [Clause 7 of “General”
conditions] |
Has the KSPCB been
informed of start date within the required 45 days? This is especially important in light of Mr. Ashok Kheny’s
comment that the project will “start in a month” as reported in the Times of
India June 12, 2002. |
|
The MoEF clearance
(No. J-21012/39/2000-IA-III) states: |
Compliance Questions: |
|
“All the conditions
stipulated by Karnataka State Pollution Control Board vide their letter No.
KSPCB/CFE/DEO-2/AEO-2/2000-2001/208” [Clause (i) of “Specific Conditions”] |
Have all the
conditions stipulated been met? |
|
“The solid wastes
generated will be disposed in identified areas for which prior approval of
the State Pollution Control Board shall be
obtained.” [Clause (viii) of “Specific Conditions”] |
Has the KSPCB granted
this approval? |
We will be grateful for
your earliest response in this regard.
Thanking you,
Yours sincerely,
Leo F. Saldanha Nagini
Prasad
Coordinator Campaigns
Coordinator
Cc.: Dr. S. K. Aggarwal, Addl. Director, Ministry
of Environment and Forests, Govt. of India