Untreated Waste Flowing Into Bay Of Bengal? Andhra Pradesh High Court Seeks 'Better Affidavit' From State On Preventive Measures

The Andhra Pradesh High Court has directed the State to file a better affidavit showing measures taken to connect the drains of the fisherman community to the newly set STP (Sewage Treatment Plant).

The order was passed by Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao in a Public interest litigation filed by DR Rajendra Singh in 2020.

The petitioner had claimed that untreated sewage and industrial waste were being released into the abutting sea in Bay of Bengal, especially at two points in Lawson's Bay and Parawada, causing great damage to the flora and fauna in addition to adversely affecting the fisherman community living on the seashore.

It was urged that the existing Effluent Treatment Plants constructed at various places in Visakhapatnam area are inadequate to deal with and treat the effluents which are emitted from various sources, industrial or otherwise, measuring approximately 300 million litres per day. It is stated that the capacity of the plants functional at present is only approximately 176 million litres per day and therefore it is stated that much of the effluent material is being dumped into the sea without properly treating the same.

The Court noted 3 major concerns after hearing the plea of the petitioners:

1. Building capacity of the STPs and improving their functionality to treat the effluent material totally and completely;
2. Setting up regulatory mechanisms to check whether the red category industries like the pharmaceutical industries & others have appropriate pollution control measures installed at the premises or are the effluent materials discharged from such units getting routed through the appropriate Effluent Treatment Plant [ETP] as per the requirement of the Pollution Control Board.
3. Whether there has been any assessment of the efficacy of the ETPs through which the effluent material is routed from these industries.

On a previous occasion, the Bench had appointed Senior Counsel S.K. Murthy as the Amicus Curie in the matter. The Amicus Curie suggested that a Joint Committee be set up to gauge the situation on the ground level and submit a report with recommendations. Further, the Amicus Curie suggested that out of 15 mini STPs and 5 major STPs, the focus should be centered on STPs in Peda Jalari Peta, which is generally an area occupied by fishermen and is covered by two STPs namely Mudasarilova Arilova area and Appughar beach road area.

The Advocate General sought time to consult the Chief Secretary of the State to understand how the recommendations could be implemented.

Today, the Court was informed that the State had decided to set up a new STP at the shore so that untreated waste could be treated before being released into the ocean and tenders were issued on 16^th March in furtherance of the same.

The decision was taken after noting that the existing STPs were already at 90% capacity. It was further stated that a 'steel grid gate' was being installed at all exit points of the drainage to catch any solid waste.

The counsel on record, on instructions, submitted that it was not the sewage waste that was being released into the ocean, but it was the water from kitchens, gardens, laundry etc.

At this stage, the Amicus Curie interjected, stating that no matter how many STPs are set up, until steps are taken to connect all 60 thousand households to the STPs, the setting up of STPs itself will not solve any problems. He gave the example of Hyderabad and how 5 STPs have been set through the course of the river Musi to treat the sewage effluents. He further stated that the drain that leads into the ocean is over 7 kms long and with such a long drain, it would be impossible to ensure that all the waste passes through the treatment plant. Lastly, it was stated that steps should be taken to connect the drainage of the fisherman community to the STPs.

The Amicus Curie pressed for a temporary relief owing to the fact that setting up of a new STP would take at least two years.

Addressing the Advocate General, the bench stated “what is being said is that, while you are doing well in setting up the second STP, the fisherman colony will keep throwing their waste into the sea, unless you have a very complex mechanism of directing their waste to the STP. You may have an STP, a stormwater drain, but the effluents will keep flowing. What is the ground reality?”

The Advocate General conceded saying that the sewage had not been dealt with effectively and that more or less the household sewage was passing through the existing STP.

Hence, it was prayed that the Court award a period of 6 weeks to the State, to get information regarding the questions posed by the court and temporary measures.

Case no.: WP(PIL) 248/2020

Counsel for petitioner: Challa Ajay Kumar

Counsel for respondents: Advocate General