The Maharashtra Pollution Control Board (MPCB) has accepted that illegal discharge of effluents by industrial units & absence of proper vigilance, which allowed violations to continue, are the main reasons behind the high pollution levels at the Ulhas & Waldhuni rivers in the Mumbai Metropolitan Region (MMR).

A Senior MPCB official said that “There are two specific issues: first, industries may have permission to discharge effluents, but are carrying out illegal activities [discharging effluents without treating them or beyond permissible limits]. The second issue is units are functioning illegally without any consent".

The admission comes after the Top Court earlier this week highlighted the failure of state bodies to discharge their duties in improving the water quality of the rivers, despite repeated orders by the Supreme Court.

“The material which has been produced on record demonstrates that the situation warrants urgent & immediate remedial steps. There has been a failure of statutory bodies to discharge their responsibilities under the law,” read the SC order published on Thursday.

MPCB said it was formulating an action plan to address the issue. MPCB chairman Sudhir Srivastava said the pollution control body will increase vigilance. “Apart from sewage coming from towns such as Ulhasnagar, Badlapur, Kalyan etc, the main problem is the illegal activities being conducted by industries. This [pollution] is happening more at Waldhuni, which later meets Ulhas. Given the challenges pertaining to the illegal disposal of waste [into the rivers], we will increase vigilance, manpower & monitoring across the entire length of the two rivers. We are also following up with urban local bodies to ensure that their respective sewage treatment programmes are implemented swiftly,” he said.

The Supreme Court bench of Justice DY Chandrachud & Justice KM Joseph on Sept 7 heard an interim application filed by environment group Vanashakti, alleging industries had dumped untreated effluents at several sections of the two rivers. While the Ulhas river turned turquoise (see image) & witnessed foam, between May & June water in Waldhuni turned deep red in some parts of MMR. Despite repeated complaints, there was no action on ground regarding their grievances, Vanashakti alleged.

SC directed Central Pollution Control Board (CPCB) & National Environmental Engineering Research Institute (NEERI) to file a report within three weeks (from September 7) after inspecting both the rivers to identify the units which are causing pollution & then formulate recommendations & steps that need to be taken by the municipal corporations concerned (which will include Ulhasnagar, Kalyan Dombivli, Kulgaon Badlapur & Ambernath), regulatory bodies & units to remedy the situation.

The fact that MPCB has been kept out of the investigation was a clear indictment of its failure to do its duties honestly, said applicant Stalin D, director of Vanashakti.

“MPCB has consistently failed to take credible action against polluting industries & has always offered a cover up,” he said.

Ulhas & Waldhuni are among 53 of the most polluted rivers from Maharashtra – the highest for any state among the 351 most polluted rivers in India – according to the CPCB.

The 122-km Ulhas River supplies drinking water to more than 30 lakh residents along the Badlapur-Thane belt.

The Apex Court is hearing the issue since 2017 & several orders were passed over the past three years directing the state to improve water quality. The SC bench on Sept 7 directed the Maharashtra Industrial Development Corporation (MIDC) to file a compliance report for previous orders within 2 weeks.

The Order said that “The court will also review whether compliance has been made of the time-lines set out in the previous order for the completion & commissioning of projects (by the next date of hearing on Oct 7)".

Zaman Ali, the lawyer for Vanashakti, said a massive increase in industrial pollution in Ulhas river soon after the lockdown forced them to move the Supreme Court.

Ali said that “Such high pollution levels, even when the matter is being monitored by the SC, shows that MPCB has remained incompetent to address this issue & that is why CPCB has been directed to take over the functions".

SL Waghmare, MPCB regional officer (Kalyan), said the local common effluent treatment plant (CETP) responsible for violating water quality norms during the lockdown was fined ₹5 lakh.

He said that “We also shut down one unit which was using chemical dyes. The investigation into the other violators is under way".

According to Stalin, industries under MIDC continue to operate without a CETP.

He said, “Instead of acting on violations, the MPCB tripled the consent capacities of the polluters. We are hopeful that the judiciary will ensure that the guilty officials are brought to justice".

According to MIDC, there are 1,160 industries across Badlapur, Ambernath & Dombivli, of which 631 were classified as ‘polluting industries’. These discharge 25.7 million litres of effluents to five CETPs for treatment each day. In addition to it, untreated sewage is discharged from areas under municipal limits to the rivers.

Kalidas Bandekar, superintendent engineer (MMR), MIDC said that “The construction of a 7.7-km disposal line connecting effluent discharge from CETPs emptying into a creek away from both rivers is underway. This will reduce the pollutant load significantly & it will be completed by February 2022".

‘Samples from drinking water zone found unfit for consumption’

A water quality report from 2019, based on samples collected from the drinking water zone of both the rivers showed that the water was highly acidic. The water was collected by members of the Ulhasnagar & Ambernath Citizens Forum & sent for testing to a private lab.

Satyajit Burman, member of the forum said that “Drinking water was found not fit for consumption. Despite repeated interventions of the SC, numerous complaints to the CPCB & faulty investigations by local MPCB officials, the environmental quality of this entire region continues to deteriorate each day, with only industrial bodies profiting, even as the health of residents worsen".

Srivastava said MPCB shut down more than 500 illegal jeans washing units & also directed the closure of several textile units using chemical dyes near both rivers.

He said that “Violations have been booked but owing to fewer officials, cases have not been completely pursued & arrests haven’t taken place. With the execution of our latest plans, we will ensure that there is no illegal dumping of waste or effluents. In case of such activities, we will ensure strict action against violators to guarantee deterrence".

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