November 19, 2015: Following the order of National Green Tribunal (NGT) a Joint Inspection team of Central Pollution Control Board (CPCB and Delhi Pollution Control Committee (DPCC) visited the Dioxins and heavy metals emitting unapproved Chinese incinerator technology based municipal solid waste (MSW) based power plant of Timarpur-Okhla Waste Managemen
As per the attached official document of DPCC on the subject of "Status of Okhla Waste to Energy plant by Timarpur-Okhla Waste Management Co Pvt Ltd" (TOWMCL) as on 16th April, 2015. The plant of TOWMCL is operational. It is processing 1950 MT of waste and
generating 16 MW of power. The report mentions that the plant was supposed to use RDF technology but refrains from mentioning that it is using an unapproved Chinese technology brought to light by the CPCB committee report prepared pursuant to 22th March 2011 dated order of the then Union Minister of Environment & Forests. This led to the official recognition of deviations from approved technologies. The Chinese technology provider is from Hangzhou New Century Company Ltd of Hangzhou Boiler Group. The High Powered Technical Experts Evaluation Committee of CPCB in its 31 page report on the Timarpur-Okhla Waste to Energy Incinerator Plant brought to light the illegalities committed by Jindal's TOWMCL. The report was communicated on March 22, 2012. This report is based on three meetings of the Technical Experts Evaluation Committee held on April 26, 2011, August 11, 2011 and September 22, 2011 under the chairmanship of Chairman, CPCB.
DPCC's attached status report dated 16th April, 2015 states, "...in case the Project Proponent (Jindal's TOWMCL) found defaulting in compliance of the direction of Tribunal, the Tribunal would be compelled to direct the closure of this industry." The DPCC concludes
that "directions u/s 31 (A) of the Air Act, 1981 was issued on 03.07.2014 and simultaneously show cause notice was issued for refusal of consent under Air & Water Act and authorization under MSW Rules. The Project Proponent has filed statutory appeal against the directions dated 03.07.2014 before the Ministry of Environment & Forests, Government of India. The appeal was listed for 27.02.2015 and the same is pending. The matter is to be listed for final hearing and the next date of hearing is yet to be notified."
from farms located in the vicinity of incinerators has been found to contain elevated levels of dioxin, in some cases above regulatory limits. Increased levels of dioxins have been found in the tissues of residents near to incinerators in the UK, Spain and Japan. At an incinerator in Finland, mercury was increased in hair of residents living in the vicinity. Children living near a modern incinerator in Spain were found to have elevated levels of urinary thioethers, a biomarker of toxic exposure. " It notes that "After 2 years of operation of incinerator, dioxins levels were found increased by about 25% in both groups living between 0.5 to 1.5 and 3.5 to 4.0 km away (201 people) of people. In the repeat analysis, the increase was in
the range of 10-15%".
crematoria". With regard to "Residents from 7 to 64 years old living within 5 km of an incinerator and the incinerator workers" the judgment observes, "Levels of mercury in hair increased with closer proximity to the incinerator during a 10 year period".
around an incinerator and other pollution sources" showed "Significant increase in lung cancer related specifically to the incinerator". The "People living within 7.5 km of 72 incinerators" displayed "Risks of all cancers and specifically of stomach, colorectal, liver and lung cancer increased with closer proximity to incinerators".
Besides violating all the relevant laws and rules, this plant is violation of Wildlife Protection Act 1972 creating a compelling reason for the closure of this plant. The plant became operational in 2012 but it is using untested and unapproved Chinese incinerator technology, a fact noted in the report of the Central Pollution Control Board committee constituted after a delegation had met Shri Jairam Ramesh, the then Union Minister of Environment & Forests pursuant to his site visit of the plant. It is noteworthy that the Union Environment Minister had written to the then Chief Minister, NCT of Delhi underling that the plant is functioning in violation of environmental regulations.
further subsidies." It is noteworthy that on 15th May, 2007, the Court's order "permit (s) Ministry of Non-conventional Energy Sources (MNES) to go ahead for the time being with 5 pilot projects chosen by them" but it is noteworthy that this refers specifically to bio-methanation technology. MNES is renamed as Ministry of New & Renewable Energy (MNRE) and is part of Power Ministry at present. It has been revealed through RTI that neither the proposed Delhi's waste to energy incinerator projects one of those 5 pilot projects nor is it based on the recommended technology.
Supreme Court is quite categorical in saying, "The Committee has recommended that projects based on bio-methanation of MSW should be taken up only on segregated/uniform waste unles
restored. It was in March 2009 that Writ Petition (Civil) No. 9901 of 2009 which was initially dismissed on 12th August, 2009 because of misrepresentation of facts by the then Additional Solicitor General. High Court later found that it was misled earlier which had led to it dismissing the petition. The Petition was restored by an order dated 15th January, 2010. In the presence of A.S. Chandihok, the bench headed by the Chief Justice, Delhi High Court in the order observed, "that the project in question" and "the location of the pilot project in Delhi was neither recommended by the Expert Committee nor approved by the Supreme Court."
In a strange case that one of NGT's order in the case in question relied on reasoning advanced in the dismissal order of High Court and chose not to take cognizance of the Court's restoration of the same case which later admittedly got transferred to NGT.
to citizens. The Bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna ordered, "A joint report be submitted by the DPCC and the CPCB after an inquiry of the site of the energy plant about the alleged risks posed to citizens".
part of the solution but part of the problem.
The ongoing protest rallies and an online campaigns against the toxic, waste-to-energy incinerator where students are also participating in large numbers underlines that the operation of Jindal's waste burning based power plant is an act of environmental lawlessness in the heart of the national capital.
MSW (Management and Handling) Rules, 2000. This experience also shows that energy from municipal waste is not produced at any lesser price in fact it more expensive. The myth of incinerator based WTE plant solving the problem of leachate which contaminates ground water has long been debunked. The existing literature on waste management underlines that incinerator based WTE plants constitute a meaningless and misplaced option. The fact is that it is not a solution, it is a problem creator. It gives birth to the problem of what can be deemed as landfills in the sky. It is a case of putting resources up in flames.