'Citizen's Agenda for Bellandur/Varthur Catchment', On

A BANGALORE ENVIRONMENT TRUST PUBLICATION 07 Nov 2020

BET’s official submission to UDD, BDA, BBMP, BWSSB, KSPCB and NGT appointed monitoring committee CITIZEN’S AGENDA FOR BELLANDUR/VARTHUR CATCHMENT

Team: Dr. Yellappa Reddy, Nirmala Gowda, Dr. Nidhi Paliwal

About Bangalore Environment Trust (BET)

Bangalore Environment Trust was founded in 1987 by a group of enlightened citizens. Since then the trust has been working on multitude of environmental issues like lake restoration, urban tree protection, afforestation, pollution prevention, water rights and pollution related livelihood issues. We also dabble in art from time to time. We hold regular events to bring the nature’s touch to children. Working with various academic institutions and research organizations we continuously bring peer reviewed scientific data into policy and decision making. We take it to police and courts where necessary. We are practitioners of democracy.

About the team:

DR. A. N. YELLAPPA REDDY, CHAIRMAN

Member of Indian Forest Services, Dr Reddy has served for four decades as an Administrator of Forests. He knows every inch of Western Ghats and its ecology. He retired as the Secretary of Department of Ecology and Environment, Government of Karnataka. He served as the member of Karnataka High Court Lok-Adalat. He is the founding member of Foundation for Ecological Security. It is under his expert and soulful guidance that BET has done numerous lake restorations and afforestation work, along with other organizations.

MS. NIRMALA GOWDA, TRUSTEE

Was a Software Engineer, who last worked for Novartis Pharmaceuticals in the US. Returned to India, after spending more than a decade in the US, with the intention of farming and working on environmental issues. She has volunteered with Environmental organizations like Sierra Club and Nature Conservancy in the US and has a M.sc in Environmental Management from University of San Francisco. She does natural farming and works on water pollution and livelihood related issues

DR. NIDHI PALIWAL, TRUSTEE

She has practiced dentistry for 15 years and has worked in various hospitals including Manipal. She works incessantly to leave a better planet for her children and resides next to Bellandur Lake.

Postal Address: No.10, Sirur Park ‘B’ Street, Seshadripuram, Bangalore 560 020 Website: https://bngenvtrust.org/ Email: [email protected]

WHY THIS DOCUMENT?

Following the trail of Bellandur and Varthur Rejuvenation, we discovered the rejuvenation process to be ad-hoc , illogical and not supported by well documented data and scientific facts. An opportunity to provide inputs was presented to BET’s chairman Dr. Yellappa Reddy, when he was nominated by BDA as a technical committee member to advise on rejuvenation of Bellandur and Varthur Lakes (15).

BET team presented several critical recommendations supported by facts and figures, requesting the government to course correct. In Feb 2020, BET supported by citizen experts, along with other technical committee members, wrote an open letter to the government requesting it to pause and critically evaluate its actions (8).

The same letter was sent to NGT. The Hon’ble NGT in its order dated 13 Aug 2020 (22), asked the monitoring committee to consider the letter. In pursuant of that order, the monitoring committee sent an official meeting request on 24 Sep 2020 and the virtual meeting took place on 28 Sep 2020 (23). The analysis presented by BET at that meeting is collated in this document, “Citizen’s Agenda for Bellandur/Varthur Catchment”.

This document is BET’s official submission to government bodies and NGT appointed monitoring committee. We hope this also serves to inform the civil societies on the state of affairs.

EXECUTIVE SUMMARY

Actions taken by the government to restore Bellandur, Varthur and Agara lake is found to be superficial and leaves the citizens wanting for more. In-depth analysis of the government’s submissions to National Green Tribunal over the past few years revealed continued wanton neglect of responsibilities, eluding courts with inaccurate facts and escaping public scrutiny with non-transparent operations.

Treated wastewater is a precious commodity in today’s times. In the absence of treated wastewater policy and the necessary data to make informed decisions, injudicious allocation of treated wastewater to Minor irrigation can leave the Bellandur and Varthur lakes with scant or no water, turning these large lakes into small ponds. The government must prepare treated wastewater utilization plan for Bellandur/Varthur catchment, with a very clear policy decision to use the treated waste water to maintain the lakes of Bengaluru up to its brim.

BWSSB is using the oldest trick in the book - Cherry picking data to show compliance to NGT. It must stop doing that. The existence of four MLD Madivala STP, so far hidden from NGT, must be included. Important transparency and accountability metrics like STP operating capacities, wastewater treatment efficiencies, flow levels in the raja kaluves and sewer trunk lines, sewage transportation efficiencies, most of which is generated, is not used adequately and must be used for decision making and compliance monitoring.

BBMP’s epic negligence is palpable from its inability in putting simple interventions like waste and silt trapping structures in the drains. Despite being flogged from many sides – high court, NGT, public – it is unable to clean up solid waste in the drains and clear encrochments. Appropriate silt and waste trapping structures at regular distances, with daily removal and disposal of solid waste, must be immediately done in accordance with

4 law. Exact area and location of buffer zones, available for bio-diversity park plantation must be immediately determined and plantation must start as soon as possible.

KSPCB has self-diminished its role to issuing notices. The debate on hazardous nature of the slush and silt has continued for years till today while KSPCB should have put that to rest a long time ago. The real time monitors show wide fluctuations in water quality, which are unequivocally indicators of frequent episodic industrial discharges. KSPCB must wake up from slumber, investigate and find the sources. The issue of illegal industries is far from over. There is a need for speed in stopping the operations of illegal industries.

BDA’s one-time rejuvenation is a complete mess. It’s ad-hoc , piecemeal and impractical nature of work has worsened pollution of the lakebed and resulted in infructuous expenses. Ground truthing reveals that dredged muck dumped in mounds is rotting on the lakebed creating a hazard to the people around and also polluting the lake. Until the disposal plan is finalized, the dredging must stop. In terms of silt disposal, an astounding 77% of the desilting cost (i.e. 131 crores) is allocated for disposal of silt to a quarry 25 kms away. A cost-benefit analysis must be done to determine if the disposal costs are justified. Perhaps desilting the drains leading to the lakes, is a better alternative.

More important than the one-time rejuvenation is the lake specific maintenance policy. Maintenance plan for Bellandur, Varthur and Agara must be developed at the earliest, clearly documenting the execution of maintenance activities with proper timing and with adequate resources esp. budget.

Several court orders -- NGT O.A No 593/2017 , NGT O.A. No 804/2017, NGT O.A No 111/2020 , High Court W.P No. 817/2008, High Court W.P No. 24739/2012 , High Court W.P No. 38401/2014 -- are relevant and those orders must be followed.

Our analysis has identified 31 agenda points on which government action is needed. We earnestly request the government to wake-up from its slumber and get into meaningful action.

CONTENTS

1. CONTROVERSIAL ALLOCATIONS: WHO GETS TREATED WASTEWATER – BENGALURU LAKES OR MINOR IRRIGATION?

2. BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB)

2.1 NOT ACCOUNTED: 4 MLD MADIVALA STP 2.2 CHERRY PICKING: STP INFLOW DATA 2.3 FLAWED ACCOUNTING: HOW MUCH WASTEWATER AND RAW SEWAGE IS THERE? 2.4 MISSING TIME-SERIES DATA ON TREATED WATER QUALITY 2.5 INADEQUATE: ONLINE REAL TIME MONITORING OF TREATED WASTEWATER QUALITY 2.6 ADDRESS POWER OUTAGES ISSUE 2.7 THE FALSITY OF AERATORS AND FLOATING ISLANDS 2.8 BWSSB STP LABS: NOT RECOGNIZED BY GOI UNDER THE EPA ACT/AIR ACT/WATER ACT

3. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)

3.1 WHERE ARE THE SILT AND WASTE TRAPPING STRUCTURES? 3.2 HOW MUCH AREA IN SQ-FT IS AVAILABLE FOR BIO-DIVERSITY PARKS?

4. KARNATAKA STATE POLLUTION CONTROL BOARD (KSPCB)

4.1 INCONCLUSIVE: HAZARDOUS NATURE OF THE MUCK ON THE LAKEBED 4.2 UNBATED POLLUTION FROM ILLEGAL INDUSTRIES 4.3 COMPLIANCE TO O.A 593/2017- STP/CETP/ETP 4.4 DISREGARDING REAL TIME WASTEWATER QUALITY MONITORING DATA 4.5 THERE IS NO ROBUST WATER QUALITY MONITORING PROGRAM 4.6 TRANSPARENCY AND ACCOUNTABILITY

5. BANGALORE DEVELOPMENT AUTHORITY (BDA)

5.1 WHEN THERE IS NO PLAN 5.2 THE DEDGING DEBACLE 5.3 IS IT MERELY ABOUT ONE-TIME REJUVENATION?

6. NO END IN SIGHT AS THE POLLUTION CONTINUES UNBATED

6.1 DIVERSION CHANNEL BREACH POLLUTING THE LAKE 6.2 KC VALLEY STP POLLUTING THE LAKE 6.3 FIRE AGAIN.

7. CONCLUSION

8. REFERENCES

FIGURES IN THE DOCUMENT

Figure 1: Allocations of Treated Wastewater as per BWSSB Figure 2: STP inflow data as submitted to NGT (10),(21) Figure 3: Representative Locations for measuring sewage flow Figure 4: Misleading Storm Water Drain Flow data submitted to NGT by BWSSB Figure 5: Effect of floating islands and aerators on wastewater quality Figure 6: Representative locations for waste and silt trapping structures Figure 7: Location of BET constructed bio-diversity park Figure 8: Community Plantation Drive Figure 9: Macrophytes Heavy Metal Contamination on Bellandur Lake Figure 10: Sediment Heavy Metal Contamination on Bellandur Lake Figure 11: Sediment Heavy Metal Contamination on Bellandur Lake Figure 12: CPCB’s Sediment Heavy Metal Contamination on Bellandur Lake Figure 13: Presence of Superbugs in Bellandur Lake Figure 14: Chronology of events in the case of illegal dyeing unit Figure 15: Changes in COD and BOD because of illegal industrial discharges Figure 16: Cost breakup of Desilting Activity Figure 17: Time needed to desilt as per the new estimate Figure 18: Unscientific dredging polluting the lake Figure 19: Map showing the location of Feb 2020 fire

ABBREVIATIONS

NGT National Green Tribunal

MC Monitoring Committee

O.A Original Application

W.P Writ Petition

STP Sewage Treatment Plant

ETP Effluent Treatment Plant

CETP Common Effluent Treatment Plant

KSPCB Karnataka State Pollution Control Board

CPCB Central Pollution Control Board

BWSSB Bengaluru Water Supply and Sewerage Board

BDA Bangalore Development Authority

GOI Government of India

EPA Environment Protection Act

MSW Municipal Solid Waste

LDA Lake Development Authority

BBMP Bruhat Bengaluru Mahanagara Palike

COD Chemical Oxygen Demand

BOD Biological Oxygen Demand

1. CONTROVERSIAL ALLOCATIONS WHO GETS TREATED WASTEWATER- BENGALURU OR MINOR IRRIGATION?

Treated wastewater is the most precious commodity in today’s times. As per NITI Aayog report, Bengaluru is one of the 21 Indian cities that is facing high water stress and can run out of ground water very soon (2). The city has lost 88% of its vegetation and 79% of its wetlands since 1973 (25). To fill the lakes of Bengaluru with treated wastewater so as to recharge groundwater to reduce the water stress, is the need of the hour.

Unfortunately, BWSSB is not aligned with this. In the absence of treated wastewater policy and the necessary data to make informed decisions, injudicious allocation of treated wastewater to Minor irrigation can leave the Bellandur and Varthur lakes with scant or no water, turning these large lakes into small ponds.

Envisaged utilization of treated wastewater was submitted by Justice Hedge to NGT, dated 06 Mar 2020 (12), using which Figure 1 has been tabulated. Allocations are based on designed capacities of the STPs. Historically, BWSSB STPs have never operated at designed capacity, as the sewage does not reach the treatment plants but the waterbodies. While there are no official numbers from BWSSB on transport efficiency of sewage nor on the operating capacities of the STP’s, we assume STP’s to be operating at 70% of the designed capacity.

When operating at full capacity, 150 MLD KC valley STP’s , 30 MLD goes to Bellandur Lake while the rest of 120 MLD is committed to Minor Irrigation. With 70% operating capacity i.e. 112.5 MLD, how much does Bellandur Lake get?

Figure 1: Controversial Allocations of Treated Wastewater by BWSSB

Furthermore, the current capacities of the lakes are unknown, the monsoon run-off in specific rajakaluves leading to the lakes are unknown. The 38-acre Sarakki Lake is allocated 1- MLD, 138-acre Hulimavu lake is allocated is 1-MLD, 142-acre Agara lake is allocated 5- MLD and the 300-acre Varthur lake receives nothing. So, on what basis are the allocations made?

Justice Hegde Submission to NGT in Bellandur case, Dated Sep 2019 (7)- “It is recommended that to maintain the full water level of the lakes, it is necessary that the treated wastewater from all the STP’s should be first used in the lakes and remaining surplus water if any can be used for other purpose.” This is not happening.

More importantly, the NGT order dated 06 Dec 2018 (5), is to desilt the lakebed so as to restore the original capacity of the lake. As per BDA’s desilting estimate for Bellandur (17), desilting will increase the Bellandur lake capacity by an approx. 25 % at the cost of 70 crores. 11

Where is the treated waste water for it? On one hand desilting is done to increase capacity of the lake, on the other all the treated waste water is handed off to Minor irrigation to be pumped outside of Bengaluru.

For judicious use of treated wastewater, a solid action plan for utilization of treated wastewater is necessary. In the case of O.A No 593/2017, NGT passed the following order, dated 21 May 2020 (26):

“All States/UTs through their concerned departments such as Urban/Rural Development, Irrigation & Public Health, Local Bodies, Environment, etc. may ensure formulation and execution of plans for sewage treatment and utilization of treated sewage effluent with respect to each city, town and village, adhering to the timeline as directed by Hon'ble Supreme Court”

“Having regard to the necessity to ensure utilization of treated waste water to reduce pressure on the ground water resources throughout the country, the Tribunal directed all the States/UTs in India to prepare and furnish their action plans within three months to the Central Pollution Control Board (CPCB) so that CPCB could review the same and issue further directions.”

In accordance with the above order, treated waste water utilization action plan must be prepared for Bellandur/Varthur catchment, with a very clear policy decision to first fill the lakes of Bengaluru and maintain it that way. The action plan must measure the current capacity of the lakes, scientifically calculate the wastewater needed for each lake factoring the monsoon run-off, evaporation and infiltration losses. BWSSB must be practical in estimating the quantum of treated wastewater that is available, basing it on historical average operating capacity of STP’s instead of installed capacity. The action plan must also take into consideration the flood situation in the catchment to determine the water level the lakes must maintain.

Agenda 1: Prepare treated waste water utilization plan for Bellandur/Varthur catchment, with a very clear policy decision to use the treated waste water to maintain the lakes of Bengaluru up to its full water level.

2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD (BWSSB)

NGT observed in the Bellandur case, in its order dated, 18 Dec 2019 (1) “ Be that as it may, from the analysis presented by learned Amicus and perusal of report of the Committee there is patent non-compliance in critical areas by the State and its Authorities. Beyond saying that the work was in progress, there is no specific information of the status of STPs….”

The critical review of BWSSB’s submission to NGT shows not only lack of specific information, but inaccurate and cherry-picked datasets misleading NGT into thinking compliance has been achieved.

2.1 NOT ACCOUNTED: 4 MLD MADIVALA STP

In order to comply with NGT orders, all the STPs need to be accounted for. The 4 MLD STP near Madivala lake was never accounted. It is not in any of the government or monitoring committee submissions. This was brought to the attention of the government and monitoring committee in May 2019, by a local NGO, as documented in the monitoring committee meeting minutes, yet the STP did not appear in the submissions (27).

This grave amiss must be immediately rectified. BWSSB must bring this STP to NGT’s attention. Root cause analysis of the defunct state of Madivala STP and action plan along with timelines to make it operational must be submitted to NGT.

Agenda 2: BWSSB must bring this STP to NGT’s attention. Root cause analysis of the defunct state of Madivala STP and action plan along with timelines to make it operational must be submitted to NGT.

2.2 CHERRY PICKING FOR COMPLIANCE : STP INFLOW/OUTFLOW DATA

The INFLOW and OUTFLOW of the STP is the single most important metric, that shows the operating capacity of the STP. While the outflow data is completely absent, the INFLOW data submitted to NGT is misleading, as shown in the Figure 2 below.

Figure 2: STP inflow data as submitted to NGT (10),(21)

Weekly, Min, Max and Avg operating capacities, must be calculated for each of the STP and must be used for compliance monitoring to NGT orders. This data is crucial to formulate the treated waste water utilization plan for Bellandur and Varthur catchment as elaborated in SECTION 1. All this data must be put on the website.

Agenda 3: Weekly, Min, Max and Avg operating capacities, must be calculated for each of the STP. The same must be used for compliance monitoring and to formulate treated wastewater utilization plan. This must be put on website for public consumption.

2.3 FLAWED ACCOUNTING: HOW MUCH WASTEWATER AND RAW SEWAGE IS ACTUALLY THERE?

Talking to the BWSSB, BBMP and KSPCB, it became clear that there is no realistic assessment of flow in the major storm water drains and main sewerage trunk lines. Figure 3 shows representative locations for flow measurements in Raja Kaluve and main sewerage trunk lines. Figure 3: Representative Locations for measuring sewage flow

Breakages and leakages are pervasive in sewer lines. Percentage of sewage lost in transport is not published by BWSSB. Measuring the flow in main sewerage trunk lines will help us get that. For eg: The transportation losses of Cauvery pipelines are estimated to be 37%, very high when compared to the acceptable norm of 12% (50,24). What is the current % of transportation losses in sewer networks ? What is the acceptable % of transportation losses in sewer networks ? Does the sewer network maintenance work, actually contribute to reducing transportation losses to acceptable levels? These questions must be answered.

Measuring the flow in Raja Kaluve, in addition to sewage, can help understand the water balance of the catchment, can help plan flood mitigation measures, determine wetland designs, determine efficiency of rain water harvesting and understand the dynamics of Bellandur (and other) lake water levels across seasons. It must be noted that, drain flow measurements are also recommended by the NGT appointed Monitoring Committee for rejuvenation of Yamuna river (3).

We plotted the flow data in raja kaluves as submitted by BWSSB to NGT, along with data from other government documents as shown in Figure 3. The positive thing is that the flow is on a downward trend. The concern, however, is the fluctuations, and the misleading compliance shown to NGT.

Figure 4: Misleading Storm Water Drain Flow data as submitted to NGT by BWSSB

Flow data of the raja kaluves, sewer lines and sewage transportation losses are important metrics that bring transparency and accountability, on the management of sewer networks. In the absence of these specific datasets, NGT’s monitoring committee, will not be able to adequately assess the progress achieved on ground.

Agenda 4: Flow levels of the raja kaluves, sewer lines and sewage transportation losses are important metrics that bring transparency and accountability, on the management of sewer networks. These metrics must be generated and used by monitoring committee to monitor for compliance. This must be put on the website.

2.4 MISSING TIME-SERIES DATA ON TREATED WASTE WATER QUALITY

A one-time grab sample report (from EMPRI and other private labs) is NOT in any way indicative of compliance to treated wastewater quality standards.

A time-series treated wastewater quality data – Avg, Min, Max for each treated wastewater quality parameter is necessary for monitoring compliance. This data is generated by BWSSB, but not used. Data on how many samples were analysed, how many non-compliances including fecal coliform were observed each month is needed. How much of raw sewage was NOT treated due to power outages and other issues must also be accounted for.

Agenda 5: A time series, treated sewage quality data – Avg, Min, Max for each parameter is needed to check for compliance.

KSPCB along with CPCB must conduct periodic performance assessment of all new and existing STP’s. These assessment reports along with KSPCB inspection reports are important source of compliance information. Monitoring committee must use that data.

2.5 INADEQUATE: ONLINE REAL TIME MONITORING OF TREATED WASTEWATER QUALITY

BWSSB’s online display of treated wastewater quality data is riddled with errors (link). Since the BET presentation took place via virtual meeting took on 28 Sep 2020 (23), where this point was brought out, the webpage seems to have been partially fixed. But the details are still not complete.

Agenda 6: BWSSB must ensure accuracy of online real time monitoring data. They should put online the data with regards to fecal coliform as and when tested.

2.6 ADDRESS POWER OUTAGES ISSUE

To our shock, we discovered illicit releases from KC valley STP’s to Bellandur Lake and the newly constructed diversion channels. Upon enquiry, we found, one of the reasons for this discharge, was lack of power to run the treatment process. This issue of power outages is common across all STP’s. Action plan to address this power outage issue must be formulated.

These illicit discharges are an important data point for monitoring the operations of STP’s and must be reported and recorded. As we know, since April, KC valley STP’s are releasing into the lake/diversion-channel every day. If we were to count the illegal incidences from April to Sept, then it amounts to 183 illicit discharges. The quantum of raw sewage discharged is unknown and must be accounted for. BWSSB must pay damages for each of these discharges on polluter pays principle as directed by Hon’ble NGT.

Agenda 7: Action plan to address power outage issue must be formulated. BWSSB must pay damages for each of these discharges on polluter pays principle as directed by Hon’ble NGT.

2.7 THE FALSITY OF AERATORS AND FLOATING ISLANDS

NGT order in Bellandur case Dated 18 Dec 2019: “Bangaluru Water Supply and Sewerage Board (BWSSB) must ensure that no sewage/effluent is discharged into the lakes and till setting up of STPs, interim remediation must be done forthwith. Any default in this regard will result in requirement to pay compensation of Rs. 5 lakh per month per inlet into the lakes from 01.02.2020 “

In response to the above order BWSSB installed artificial floating islands and aerators at Y Junction drain, Ambedkarnagar Drain, Iblur drain and also near the STP’s. BWSSB submitted to NGT - dated 14 May 2020 - lab reports showing the wastewater quality before the interventions and wastewater quality after (30).

We plotted the wastewater quality for 2 of the 7 parameters, Biological Oxygen Demand (BOD) and Chemical Oxygen Demand (COD) as shown in Figure 5 below. There is no reduction in the pollution load after the said interventions. The same is true for the rest of the 5 parameters. Aerators can improve dissolved oxygen levels and since it is not measured, changes in dissolved oxygen levels cannot be ascertained.

Figure 5: Effect of floating islands and aerators on wastewater quality

This shows the interim remediation measures to be unfruitful and costs unwarranted. Feasibility studies and technical evaluation of the remediations were not done. It is the role of KSPCB to provide technical assistance on these matters and that does not seem to have happened either. The Lake development authority is nowhere in the scene.

The government and the monitoring committee must look into the technical aspects of bio- remediation of drains and wetlands in discussion with Yamuna Monitoring Committee (4), which seems to have an practical understanding of potential solutions. They must conduct feasibility studies to understand the wastewater quality benefits and cost implications. Blind executions, just to appease the court, that too with misleading data, must stop forthwith.

Agenda 8: Feasibility studies of the remediations must first be conducted. KSPCB/CPCB/LDA must formulate guidelines for design and maintenance of these interventions. Monitoring committee must get orders from NGT.

2.8 BWSSB STP LABS: NOT RECOGNIZED BY GOI UNDER THE EPA ACT/AIR ACT/WATER ACT

“Laboratories are essential cornerstones of any effective pollution control programme”, says CPCB in its document “Guidelines for recognition of Environmental Laboratories under the Environment (Protection) Act, 1986. The same document lays out the necessary legal provisions, under the Air Act/Water Act/EPA Act, for accreditation of Environmental Laboratories. Laboratories in the BWSSB STP premises are a far cry from following these regulations and getting the necessary accreditations under these acts. Unless these rules are followed, the credibility of the treated wastewater quality data generated is questionable and may not reflect the true state of wastewater quality.

Agenda 9: KSPCB/CPCB/ must assess the state of BWSSB’s labs for compliance to the standards under EPA act, identify the gaps and suggest measures to close the gap.

Monitoring committee must get orders from NGT to such effect.

3. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)

3.1 WHERE ARE THE SILT AND WASTE TRAPPING STRUCTURES?

NGT observed in Bellandur case, order dated 06 Dec 2018 (5):“It is obvious from the resume of the facts and reports noted above that there is a failure of very high magnitude on the part of the State of Karnataka and its authorities, including the BBMP, in protecting the three lakes and also in keeping the Rajakaluves joining the lake clean and free from encroachments.”…..“There is thus, clear need to require the State and the BBMP to forthwith perform their duties to remedy the situation by preparing the requisite action plan, providing funds.”

The case of High Court W.P No. 24739/2012 shows the sorry state of affairs with respect with respect to Solid Waste Management. In the order dated 26 Sep 2019, High Court said,” Considering the serious default by BBMP, the State Government will have to step in and take immediate steps ensure due compliance of the said Rules of 2016 by BBMP as the compliance report filed by the Municipal Commissioner is very vague and it discloses admitted non-compliance”

The case of high court W.P.No.38401/2014 maintenance and encroachment of raja kaluves is the prime issue of concern. It took BBMP more than 3 years to file, not a detailed action plan, but ‘a note’ on detailed action plan for removing encrochments and desilting of the drains. In Jan 2020, the high court observed that there was hardly any compliance by BBMP.

In the same writ petition, the court asked for compliance of judgment order dated 11th April 2012 in the case of high court W.P.No.817/2008. That judgement order specifies (6)“ No encroachment, sewage inflow or garbage dumping must be allowed into Raja Kaluves. In addition, appropriate silt and waste trapping structures may be set up at regular distances of the Raja Kaluve. Protection of these canals are critical as they are lifelines for the survival of lakes…”

Despite high court and NGT taking BBMP to task, solid waste still floats in the raja kaluves leading to Bellandur and Varthur lakes. Ridding the raja kaluves of solid waste is one of the

21 simplest of interventions. The root of the problem is not technology, but political and administrative unwillingness.

Figure 6 below shows pictorial representation of silt and waste trapping structures at regular distances for the SWD leading to Bellandur lake.

Figure 6: Representative locations for waste and silt trapping structures

In the lieu of all this, it becomes extremely critical for the monitoring committee to ascertain and continuously monitor the work done on the ground with respect to the raja kaluves of Bellandur and Varthur lakes. The particulars of locations of drain desilting and removal of solid waste from raja kaluves has to be first determined from Chief Engineer of BBMP, storm water drain division, so a gap analysis can be done and realistic timelines fixed for subsequent actions. Solid waste and excreta, enters the drains daily but gets cleaned, when BBMP wishes, which may or may not be even once a year.

BBMP’s current maintenance plan has to be reviewed, weekly maintenance plans for storm water drains has to be put in place. Raja kaluves must be cleaned with a goal of maintaining them in the continuous state of ‘Zero Solid Waste’. 22

Agenda 10: Appropriate silt and waste trapping structures at regular distances, with daily removal and disposal of solid waste must be immediately done in accordance with law .

3.2 HOW MUCH AREA IN SQ-FT IS AVAILABLE FOR BIO-DIVERSITY PARKS?

It is common knowledge that bio-diversity parks are built on the buffer zones of lakes and raja kaluves. They are critical in preventing pollution and improving the ecology of both the raja kaluves and the lakes.

The account of how many encrochments have been cleared by BBMP and BDA, in terms of GPS location and extent, is important for establishing bio-diversity parks. How much area is now available, as a result of encroachment removal, for planting of bio-diversity park and where is it and when can the planting start ?

Agenda 11: Exact area (in terms of sq feet) and locations of buffer zones, available for bio-diversity park plantation must be immediately determined and plantation must start. The locations must be spatially mapped.

Agenda 12: Baseline data (extent and location) on encrochments of raja kaluves in the Bellandur and Varthur lake catchment must be established by Revenue Department. Progress made by BBMP in terms of encroachment removal must be monitored monthly against that baseline data to show compliance to NGT orders.

Bangalore Environment Trust (BET), with verbal permission from BDA, cleaned and levelled the buffer zone on the east side of Bellandur Lake and planted 6000 saplings (28) between Nov 2019 – Jan 2020. The residents and school children in the area were active participants. Since then we have been requesting BBMP, BDA , UDD to provide a full time gardener, along with arrangements for permanent water source (perhaps treated water from the STP), but to no avail. The monitoring committee must look into this and provide the necessary arrangements for successful maintenance of this bio-diversity park. The Figure 7 below shows the location of the bio-diversity park and Figure 8 shows the community plantation.

Agenda 13: BBMP/BDA must provide a full time gardener and make necessary arrangements for successful maintenance of this bio-diversity park. The monitoring committee must take cognizance of this citizen effort and instruct the government departments accordingly.

Figure 7: Location of BET constructed bio-diversity park

Figure 8: Community Plantation Drive

4. KARNATAKA STATE POLLUTION CONTROL BOARD (KSPCB)

4.1 INCONCLUSIVE: HAZARDOUS NATURE OF THE MUCK ON THE LAKEBED

Debate on the nature of the muck on the lakebed has continued for years and is still unresolved. CPCB says one thing, KSPCB says another, as is evident in Justice Hegde’s submissions dated 06 Mar 2020 (12). KSPCB and CPCB, whose responsibility it is to jointly provide the necessary technical analysis report on this issue, taking into account the previous decades monitored data, the sources of pollution etc., have not produced a single conclusive critical analysis report, till today.

BET has submitted to all the government bodies and NGT(8) dated 11 Feb 2020 that: Considering the continuous flow of municipal solid waste, industrial solid waste, construction and demolition waste, hospital waste, plastics, raw sewage and toxic industrial effluents into the lake for the last 50 years, one can deduce logically based on precautionary principles, that the 19.4 million tonnes of silt+slush (SS) mixture on Bellandur lakebed is hazardous in nature, both biologically and chemically.

IISC Study of 2017 has clearly shown the excessive presence of the heavy metals in macrophytes as shown in Figure 9 and in sediments as shown in Figure 10.

Figure 9: Macrophytes Heavy Metal Contamination on Bellandur Lake

Figure 10: Sediment Heavy Metal Contamination on Bellandur Lake

A 2018 study by U B D T college of Engineering, Davangere (29), published in peer reviewed International Research Journal of Engineering and Technology, also provides data, that shows hazardous nature of the muck, as can be ascertained from Figure 11, below

Figure 11: Sediment Heavy Metal Contamination on Bellandur Lake

CPCB sediment analysis report of 18 Jan 2020 (30), also shows excessive levels of heavy metals in 3 out 5 samples as shown in Figure 12 below.

Figure 12: CPCB’s Sediment Heavy Metal Contamination on Bellandur Lake (30

On 04 Oct 2018, The Hindu reported a study by ATREE (31), about the presence of notorious enteric pathogens and anti-biotic resistant superbugs as shown below in Figure 13.

Figure 13: Presence of Superbugs in Bellandur Lake (31)

The above study also found, antibiotics, anti-depressants, antifungals, antihistamines, anti- inflammatory, epilepsy, beta blockers and pain killers in Jakkur lake. If it is present in Jakkur lake, it is present in huge quantities in Bellandur lake and Varthur lake. High concentration of pharmaceutical compounds like carbamazepine, triclosan and sulfamethoxazole are found in Cauvery and Vrishabhavati rivers (32). Erythromycin, chloramphenicol and trimethoprim were found in Byramangala tank along with multi-drug resistant pathogenic bacteria (33). There should be no doubt in anyone’s mind that there is a high possibility that COVID-19 virus is also present, as clearly documented in our report, ‘BLINDSIDED: A Citizen Scientific Investigation into Pandemic Virus Spreading in the Waterways’ (34).

Anti-microbial chemicals triclocarban and triclosan are used in many personal care products and is present in our rivers (32). Both untreated sewage and treated sewage are the major sources of these chemicals for waterbodies (35). It is extremely toxic to aquatic life and humans as well. Even without testing for this particular micro-pollutants in the sediments ,we can positively confirm their presence, as its sources exists.

The case is the same for Dioxins and Furans. The open burning of solid waste, plastic, e- waste, biomedical incinerators, hazardous waste incinerators, tire pyrolysis units etc send noxious fumes laden with cancer causing substances Dioxins and Furans into the air we breathe. Annex C of Stockholm Convention (to which India is a signatory) lists open burning of wastes as a source of unintentional formation and release of dangerous chemicals – DIOXINS and FURANS. These substances are part of so called ‘Dirty Dozen’– a group of dangerous chemicals known as persistent organic chemicals (POPs) (36). These toxic fumes were emitted when Bellandur lake burned. The ash and burnt residues which again contains the substances enters the waterways and sediments.

Dioxin’s and Furan’s impact on human health is well documented by World Health Organization (WHO) (36). They have been scientifically implicated in causing hormonal imbalance. Ample scientific research has shown that women are more at risk for disruption of thyroid hormone (37). As if this is not enough, these substances are transferred from mother to babies (via breast milk), thus providing a pathway for the babies to be born ‘Pre- polluted’ )38(

Last but not the least, in the case of NGT O.A. 804/2017(39), the State of Karnataka has 25 probable/contaminated sites, out which eight are in Bellandur/Varthur catchment - Bellandur Lake, Agara Lake, Madivala Lake, Begur Lake , Arekere lake ,Lalbagh Lake , Mangamanapalya Road near Hosur Road. NGT has passed the following orders with regards to these sites:

126 sites which have already been identified as contaminated may be cleared of the hazardous waste within six months so that remediation process may start. The remediation work may start at the 55 sites for which DPRs have been completed within the timelines specified in the DPRs. For the remaining 71 sites, DPRs may be completed expeditiously but not later than one year and thereafter remediation may be done as per the timelines in the DPRs.

Failure to remove the waste from the 126 identified sites, will result in environmental compensation to be paid at the rate of Rs. 10 lakhs per site from 01.04.2020 by the concerned SPCBs/PCCs to the CPCB. Same rate will apply in respect of such of the 195 sites as are identified as contaminated with effect from 01.01.2021.

With regard to 195 probable contaminated sites, the assessment may be completed within six months and thereafter the waste may be removed within next six months form sites cleared by the CPCB to be contaminated.

The clearance of site by way of disposal or transfer should be strictly as per the HOWM Rules, to be monitored by the CPCB. The cost of removal of waste may be first paid out of the environment funds/consent funds available with the State PCBs/PCCs and thereafter recovered from the persons concerned.

In the lieu of the above, the monitoring committee must put to the rest the continued, needless debate on hazardous nature of the muck. It is hazardous. What next? That must be worked out.

Agenda 14: The muck on the lake bed that is being dredged right now is hazardous. No more debates. The ultimate fate of it must be immediately worked out, considering the Right to Life and most importantly, the orders of O.A 804/2017.

4.2 UNBATED POLLUTION FROM ILLEGAL INDUSTRIES

Consider the example of Om Shakti Dyeing works illegal unit in the Bellandur Catchment (9):

Figure 14: Chronology of events in the case of illegal dyeing unit (9)

Illegal Unit: Om Shakti Dyeing works (9)

07 Mar 2018 Inspected by RO Bommanahalli, reported that unit is operating illegally and disposing untreated effluents to drain.

20 Mar 2018 Notice Issued by RO Bommanahalli

15 Nov 2018 Inspected by RO Bommanahalli, reported that unit is operating illegally and disposing untreated effluents to drain. RO Bommanahalli recommended issue of closure

21 Jan 2019 The empowered committee approved closure order

Based on the events above in Figure 14, it took almost a year for KSPCB to issue closure order to an industry that is, as a matter of fact, illegal. The illegal units are already non- complying with the law to stay open, how can they be expected to comply with closure ordesr. Why an illegal unit is not seized on discovery but is issued a closure order, itself is a big conundrum and speaks volumes on the built in corruption. And as a matter of fact, the closure order, does not mean, the industry will be closed. BET has filed numerous complaints on the non-closure of closure notices served to industrial units in Bengaluru and Ramanagara District (40).

Dyeing effluents with extensive use of synthetic chemicals are extremely toxic and hazardous. Everyday discharge from the illegal unit is adding to the polluted and toxic state of Bellandur and Varthur lakes. In this case, from Mar 2018, when the illegal unit was identified, to Jan 2019,when the closure order was issued, we count 308 discharges. These 308 discharges could have been completely avoided, if the illegal unit was seized within 24 hours of discovery. The closure notice to disconnect water and power does not really work in the case of most of the dyeing and washing units, as they source water from tankers and use wood fired boiler. The case is the same for Subramani Dyeing works, Shree Mahalakshmi Dyeing works, Ayaan Fashions, VM Process, Sachin Design Creations etc. (9, 41)

The issue of industrial pollution from illegal units has barely receive due attention. Perusing the documents available in the public domain and as submitted to NGT, there is no inventory of illegal industries in Bellandur and Varthur catchment.

Illegal industries are rampant esp. dyeing, washing and electroplating. They are making the waterbodies toxic all over Bengaluru. The need of the hour is to have in place the necessary mechanism to conduct regular drives to close and seize the industries within 24 hours of discovery.

Agenda 15: KSPCB must furnish a report on state of illegal industries in Bellandur/Varthur catchment. This report must include the pollution load assessment of these industries and the speedy action that is taken to prevent pollution.

Agenda 16:The monitoring committee must get an order from the tribunal for conducting a quarterly drive to identify and immediately shutdown illegal industries. A separate cell within KSPCB is needed for this. A government order has to be passed to that effect.

CPCB submitted to NGT in the Bellandur case (10) :“ But, there are automobile private service stations; • dhobi Ghats, household garment -dying units are operated illegally in the catchment, and these water polluting activity shall be addressed”. The automobile service stations and dhobi ghats are not addressed just like the household garment -dying units.

Agenda 17: KSPCB and monitoring committee must look into the compliance with respect to automobile service stations, dhobi ghats and household garment -dying units.

4.3 COMPLIANCE TO O.A 593/2017- STP/CETP/ETP

The case of O.A 593/2017 (dated 19 Feb 2019) (26), is about the non-compliance of STPs/CETPS/ETPs all over India. The orders become relevant for the STP/CETP/ETP’s of Bellandur/Varthur catchment as well.

In the case of O.A No 593/2017: “In spite of directions to install Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti- pollution measures, satisfactory situation has not been achieved. Tough governance is the need of the hour. If pollution does not stop, the industry has to be stopped”

The compliance reports of all STPs/CETPs/ETPs in Karnataka is submitted by KSPCB to NGT’s monitoring committee in the case of O.A No 593/2017. The same can be extracted for Bellandur/Varthur catchment. This can help understand the current state of compliance and the gaps. It is extremely important to understand and assess the state of compliance of STPs/CETPs/ETPs in the Bellandur/Varthur Catchment, so speedy remedial action can be taken for pollution prevention.

Monthly compliance report of the STPs/ETPs/CETP’s in Bellandur/Varthur Catchments must be furnished by KSPCB, especially important is the 99 industries that is significant from water pollution point of view. Compliance is based on physical inspections and Online Continuous Emission Monitoring System (OCEMS). The report must show the date of last inspection along with effluent analysis report, where sampling is done as prescribed in Water

Act. These reports must be put on the website along with OCEMS data (as ordered by NGT in O.A No 593/2017 and in Bellandur Suo moto case).

Agenda 18: Monthly compliance report of the STP’s , ETP’s and CETP’s in Bellandur/Varthur Catchments must be furnished by KSPCB, especially important is the 99 industries that is significant from water pollution point of view. Important parameter to assess the compliance status, is the date of enforcement inspection. These specifics are important to determine the state of pollution in the catchment

In the case of O.A No 593/2017, 28 Aug 2019, the tribunal ordered : “The CPCB needs to collate the available data base with regard to ETPs, CETPs, STPs, MSW facilities, Legacy Waste sites and prepare a river basin-wise macro picture in terms of gaps and needed interventions.”

Catchment-wise macro picture with regards to STPs/CETPs/ETP MSW facilities, Legacy waste sites must be prepared to understand the gaps so necessary interventions can be made for pollution prevention in the Bellandur/Varthur Catchment.

Agenda 19: Catchment-wise macro picture with regards to ETPs, CETPs, STPs, MSW facilities, Legacy waste sites must be prepared by KSPCB/CPCB to understand the gaps so necessary interventions can be made for pollution prevention

4.4 DISREGARDING REAL TIME WASTEWATER QUALITY MONITORING DATA

As ordered by NGT, real time surface water quality monitoring systems have been installed at 3 locations – Bellandur Lake, Agaram Lake and Varthur Lake, whose data is displayed online at https://tpro.telsys.in/tpportal/kspcblake.

BET is monitoring the online data and found wide fluctuations with respect to Chemical Oxygen Demand (COD). We plotted the COD and BOD values as shown in Figure 15. As can be seen, COD values rise and fall irregularly, showing frequent episodic incidences of industrial pollution.

Figure 15: Changes in COD and BOD because of illegal industrial discharges

It is the mandate of KSPCB under water act to investigate these and find the sources of pollution so prevention can happen at source. Nothing has moved. It is business as usual.

The real time monitoring systems were installed pre-lockdown. KSPCB has not produced a single analysis report comparing the pollution levels pre-lockdown, during lockdown and post-lockdown.

Agenda 20: KSPCB must release analysis report of the real time lake monitoring data before, during and after lockdown.

Agenda 21: Investigation must be conducted to find the sources of discharges and hold the polluters responsible under polluter pays principle.

4.5 THERE IS NO ROBUST WATER QUALITY MONITORING PROGRAM

NGT ordered in the Bellandur case, Dated 18 Dec 2019 (1): “The State PCB may develop a robust water quality monitoring progamme for monitoring of water quality of drains leading to the lakes and also undertake water quality monitoring at atleast 5 locations for each lake”

The compliance response to this order was both incoherent, inadequate and irresponsible.

Justice Hegde Submissions to Hon’ble NGT, Dated 06 Mar 2020 (12):“Water quality monitoring in drains at 5 locations in each lake. Samples are collected and being analysed. However, presently the sewage water is diverted through the diversion channels in both the lakes and no water enters into the lake.”

Government’s Summary of Compliance Report in the Bellandur case,Dated 13 Aug 2020 (30):

“Samples are collected and being analysed. However, presently the sewage water is diverted through the diversion cannels in both the lakes and no water is entering into the lakes”

It not clear from the submissions where exactly (Lat, Long) is the surface water monitored. Yes, lake monitoring for Bellandur and Varthur is not an useful activity as it is diverted. But what about all those drains leading to the lake even if it is diverted for the time being. The guidelines for formulating a robust water quality program is very well documented in CPCB’s ‘Guidelines for Water Quality Monitoring , 2007-08’ and ‘Guidelines for Water Quality Management, 2008’. As per the guidelines – monitoring programs objective, water quality goals, monitoring network design, sampling frequencies, choice of quality parameters etc should be determined keeping in mind the necessary resources including costs and human resources. Water flow measurement, sediment analysis, micro-pollutant monitoring, pollution load assessment are all included. Where is the KSPCB document that gives the details of Water quality monitoring program in the Bellandur/Varthur Catchment area? Where is the analysis data? 37

The monitoring done by KSPCB today is completely unscientific and in contrast with the established CPCB guidelines. Thus the data generated is unreliable and inaccurate, in assessing the nature and magnitude of pollution in Bellandur and Varthur lakes and its catchment. For example, to accurately and reliably measure water quality parameter Chemical Oxygen Demand (COD), the sampling should be taken in a particular type of bottle with preserving chemicals already in it. This is not done. Some of water quality parameters like Ph, Dissolved Oxygen should be done on-site. This is not done. Composite samples both in time and space must be taken. This is not done. KSPCB just casually grabs a few litres of wastewater samples in a can, like it is grabbing a bucket of water for bathing. This must change.

The nature and kinds of pollutants entering the waterbodies have changed the chemistry of wastewater. New chemicals are constantly released into the environment as technological advances are made. Unfortunately, water quality monitoring has not kept pace to meet the new age chemical challenge. Emerging contaminants like Triclosan, Dioxins, Furans, PCB’s, pharmaceutical residues etc remain unaddressed. This was captured very aptly by Comptroller Auditor General of India in 2011 itself (11).

The case is the same for the biological pathogens as well. Monitoring the waterways (storm water drains) and other waterbodies for biological pathogens like Covid-19, Cholera, Polio, Tuberculosis etc. is the need of the hour. CPCB and KSPCB have not caught up with it. This data is crucial for pollution prevention measures. In the absence of such data, pollution prevention becomes ad-hoc, uneventful, miscalculated. The risks to bystander populations only increases.

Studying the diversity and density of plankton in the lakes is critical to understand the health of the lakes. This data along with the water quality monitoring data can provide accurate assessment of water quality and health of the lakes

Agenda 22: KSPCB must formulate a robust water quality monitoring program as ordered by NGT, following the CPCB guidelines that includes the drain wastewater quality, drain sediments, drain flow, lake plankton analysis, micro-pollutants assessment etc.

4.6 TRANSPARENCY AND ACCOUNTABILITY

As per NGT order in Bellandur case, dated 06 Dec 2018 (5): The Committee may set up its own website for receiving and disseminating information and suggestions, including inviting volunteers, as may be deemed proper. Achievements may be put on website so that the same can be replicated wherever relevant.

Complying with this order, KSPCB, who is providing the logistics support, setup the website: https://ngtbl.karnataka.gov.in/info-1/Introduction/en.

Review of the website makes it clear that, it was just put up to show pretend compliance to NGT.

What is missing? Everything. Compare this website with NGT appointed Yamuna Monitoring Committee’s website: https://yamuna-revival.nic.in

The following documents can be uploaded to start with: • Reports and analysis of fire tests, foam and gas, lake water, sediment, Ash sample analysis • Water Quality reports starting from 2000 • NGT Court orders • Government submissions to NGT • Feasibility studies • Details of Diversion channels works (i.e. technical sanctions) • Details of Weir Reconstructions • Details of Dredging works • BWSSB STP inspection reports • BWSSB STP Inflow/outflow data (Min, Max, Avg per month) • Detailed project reports • Cost-Benefit Analysis • Monitoring committee Meeting minutes

The website is a major tool for transparency and accountability, in the absence of which the citizens are kept in the dark about what is happening. Actively involved, BET is unable to ascertain facts and get the relevant documents. This opaque state of affairs must change and website must be duly updated.

Agenda 23: The website is a major tool for transparency and accountability. It must be updated to keep the citizens informed and to allow them to actively participate.

5. BANGALORE DEVELOPMENT AUTHORITY (BDA)

5.1 WHEN THERE IS NO PLAN

NGT ordered in Bellandur case, Dated 06 Dec 2018(5):“..The State was directed to prepare a comprehensive plan for rejuvenation or remediation of all the three lakes in a holistic manner”.

UDD Submitted to NGT in Bellandur case, Dated 28 Nov 2019 (14):”..Out of the said amount, BDA shall prepare action plan through technical institutions and as per the project , take up the works immediately of the said lakes, prepare DPR and if the funds are found necessary, submit a separate proposal to a government” ,

The citizens have neither seen the comprehensive action plan nor the approved DPR prepared through technical institutions till today. However, what we are seeing unfold on the ground is ad-hoc and piece meal nature of works with no feasibility studies as per applicable scientific standards. More importantly, in violation of laws and court orders. All of this, unplanned and unprofessional work has infact resulted in polluting the lake as discussed in SECTION 6.

The works -- Reconstruction of the waste weir with flood gates, diversion channel works, dredging works, de-weeding works, de-watering works -- have not been cumulatively captured in a Detailed Project Report (DPR). In the absence of DPR, the citizens are unable to understand and verify the nature and extent of the work. Forget the citizens, how will the works be monitored by the government and the monitoring committee, when there is no proper record of nature and magnitude of the works with timelines.

CONSIDER THE CASE OF DIVERSION WORKS:

The channels created to bypass the toxic wastewater entering the lakes, to downstream waterbodies (including the downstream storm water drain) without remediation or treatment is illegal as it not only violates NGT directions, it also violates high court order in the case of W.P.No.817/2008, dated 11th April 2012. CPCB had recommended dilution of

41 diverted toxic wastewater with treated sewage, which also didn’t happen (10). None of the documents (DPR’s/technical sanctions/work orders) pertaining to these works are in the public domain to ascertain the nature and quality of works.

The diversion of toxic wastewater sends the poisonous pollution, as is, to downstream water bodies i.e. downstream storm water drains, Dakshina Pinakini river and Kaveripalli Dam on Dakshina Pinakini river. In the case of O.A No 111/2020, NGT South Bench has initiated a Suo moto case on chemical frothing of Dakshina Pinakini River. There are serious risks associated with diversions. Where are the risks documented? Where are the risk mitigation measures? Produce grown in these toxic wastewaters, make their way to Bengaluru markets bringing pollution to our dinner plates. Is any thought given to all this and has it shaped the actions?

From the court submissions, we have learnt that the diversions are temporary. What does that mean, temporary? Where is temporary defined? We have been told, repeatedly, by BDA that the diversion channels are permanent. Which is correct?

Agenda 24: MC must get a clear order from NGT for the removal of diversion channels once the necessary work is done. All the documents pertaining to diversion channel works must be put on the website as ordered by NGT.

CONSIDER THE CASE OF DE-WEEDING:

This is undoubtedly one of the most ill-advised of works that cost the public approx. 48 crores with unascertained benefits. This is a perfect example of what happens in the absence of feasibility studies and a detailed plan. BDA spent approximately 48 crores, to remove 22,008 metric tons of macrophytes in 100 acres of lakebed, only to realize that the macrophytes are growing faster than the rate of removal(15). After creating a big heap of the 22,008 metric tons of harvested macrophytes on the lakebed, is when BDA realized there is no place to put macrophytes and that nobody wants it. Finally they had to dig a hole on the

42 lakebed and dump it there. These macrophytes full of accumulated toxic heavy metals continue to leach and pollute the lakebed even today.

Was there a feasibility study for this activity? Was a disposal plan in place? NO.

CONSIDER THE CASE OF DE-SILTING:

As per the BDA submissions to NGT dated 14 May 2020 (30): • Tenders for de-silting is yet to be finalized • The scope of the de-silting work is yet to be determined • The protocol for the disposal of the excavated material is yet to be determined

Despite all of the above, desilting (i.e. dredging) work is in progress.

CONSIDER THE CASE OF WETLANDS:

The role of wetlands in the whole scheme of things is not clear. Feasibility studies, the design and maintenance of the wetlands, the location of the wetlands, wetland’s water quality benefits, cost-benefit analysis, etc are not done.

In conclusion, there is an obvious lack of rigour and complete absence of planned effort. In the absence of a detailed project report, how can the status of work be established. In all likelihood there is very poor oversight of the works being undertaken. Without a DPR, transparency is lost and accountability cannot be fixed.

Agenda 25: A well designed cumulative Detailed Project Report for the remaining works, in compliance with existing laws and scientific standards, must be done. This DPR must undergo public consultation phase before final approval.

In the case of NGT O.A. 804/2017 (39), Bellandur lake is categorized as a probable contaminated site, for which a Detailed Plan for desilting will be needed as per the guidelines established by CPCB.

5.2 THE DREDGING DEBACLE

Many facts have been put forth by BET, in the open letter, dated Feb 2020 (8), clearly showing, the dredging and disposal of the muck on the lakebed is, as a matter of fact, translocation of hazardous waste. We, yet again, present many facts and numbers, that makes the case even weaker for desilting i.e. dredging.

IS THE COST JUSTIFIED?

In July of 2019, UDD released 100 crores each, for Bellandur and Varthur lakes rejuvenation works (42). It also released 50 crores to BBMP for scientific development of quarry, where the dredged hazardous muck will be disposed. BET obtained the unapproved estimates for desilting from BDA (17,18), which is tabulated for analysis in Figure 16.

Figure 16: Cost breakup of Desilting Activity

Out of 200 crores, 171-crores is for desilting alone. With 7% of the cost for preparation, 16 % for actual excavation and an astounding 77% for disposal to a quarry 25 kms away. The cost for creating a 1000-liter water holding capacity is Rs 452 for Bellandur Lake. Is this cost justified? And it only increases the storage capacity by 25% for Bellandur lake. (It has to be noted, this might not be the total increase in storage as considerable lakebed area is lost for diversion channels and wetlands). Cost-benefit analysis is the need of the hour, to ensure that the plan is sound and the cost justified.

As described in SECTION 1, there is no assured supply of treated wastewater to Bellandur/Varthur lake. Why increase capacity?

There is no plan in the public domain that traps the incoming silt and solid waste. Thus, we can deduce, at this point that the additional storage created can be quickly filled up and lost.

Agenda 26: The cost of creating a 1000-liter water holding capacity is Rs 452. Is this cost justified? The MC must conduct cost-benefit analysis to ensure that the plan is sound and cost justified.

IS THIS ACCEPTABLE AND PRACTICAL?

Assuming there is enough finances and a place to dispose the hazardous muck, it would take 53 years to dredge and dispose Bellandur lake’s muck and 20 years for Varthur (8). Now that BDA has 171 crores to remove 3.7 Million Tons, it would take them 8 years to dispose of the muck in Bellandur and 5 years for Varthur, as shown in Figure 17 below. This does not factor in weather conditions, traffic conditions nor time needed for silt analysis. Factoring all that, would add a few more years.

Figure 17: Time needed to desilt as per the new estimate (8), (17), (18).

With these timelines, it seems to us, that it is impossible to meet the NGT deadlines. BDA must strive to make realistic and practical assessments, and capture that in the DPR.

IS THIS SCIENTIFIC DISPOSAL?

Ground truthing revealed that the muck is dredged and piled up in big mounds on the lakebed as shown in Figure 17. While the mounds are waiting for ultimate disposal plan, they are leaching toxic heavy metals and other pollutants onto the lakebed as shown in the picture below (16). Is this the scientific desilting that was promised to the citizens?

Figure 18: Unscientific dredging polluting the lake

In the case of NGT case O.A. 804/2017, Bellandur lake is designated as probable contaminated site, a DPR will be need as per court order(39).

The shockingly ad-hoc and piecemeal nature of the work, puts the cart before the horse. This is exactly why de-weeding activity ended with a spectacular and embarrassing failure for the government. The dredging activity, the way it is carried out now, has all the necessary ingredients for an encore of the de-weeding fiasco.

Efforts to Desilt the Drain, would have been more fruitful than efforts to desilt the lake.

Agenda 27: As Bellandur lake is designated as probable contaminated site, desilting works will have to be done as per the guidelines established in the case of NGT O.A. 804/2017 (39).

5.3 IS IT MERELY ABOUT ONE-TIME REJUVENATION?

Citizens of Bengaluru have been witnessing the grand failure of the state in protecting our waterways (Raja kaluves), lakes and rivers. The lakes are, by design, allowed to deteriorate, which over the years results in one-time, big budget, contractor driven engineering activities in the name of rejuvenation.

Is it merely about one-time rejuvenation? Certainly not.

One of the many reasons why the lakes are in such state of neglect and pollution is because of the conspicuous absence of maintenance activities. The one-time rejuvenated lakes are falling into a state of neglect due to lack of maintenance.

Agara lake (in the Bellandur lake catchment) was rejuvenated by BDA in 2004, which fell into a state of neglect and severe pollution, following which it was rejuvenated again 2018- 19.

In the case of Madivala lake (in the Bellandur lake catchment), approximately seven and half crores was spent in 2015-16 rejuvenating the lake (43). Four MLD sewage treatment was also built. None of this sustained and the lake went into a state of neglect and pollution. Untreated raw sewage and industrial effluents enter the lake on a daily basis. Newspaper outlets report fish , snail and bird deaths (44).

Negligence to maintain rejuvenated lakes is widespread. The 2015 report of the Comptroller Auditor General of India, ‘Performance audit on Conservation and ecological restoration of

47 lakes under the jurisdiction of lake development authority and urban local bodies’, also brings to fore this negligence. Rachenahalli Lake, Nagavara Lake etc. continued to be polluted despite restoration works, the report observes (19).

The interim direction of the Hon’ble high Court in the case of WP 817/2008, clearly states that the state government is required to set aside resources for the rehabilitation and maintenance of lakes as part of its budgetary exercise. The Monitoring Committee must ensure compliance to that order and get the necessary funds and resources for maintenance of Bellandur , Varthur and Agara lake for the next 10 years, at-least.

In the same high court case, orders were passed for the constitution of Lake Committees (45) and also to identify Lake Warden and Chief Lake Warden (46). This must be done immediately to further solidify the lake maintenance activities.

Agenda 28: Constitute Lake Committee and identify Lake Warden/Chief Lake Warden as per Hon’ble high Court in the case of WP 817/2008. The Lake Committee must develop and approve Bellandur Lake specific maintenance plan with necessary resources including funds. The same for Agara lake and Varthur lake.

6. NO END IN SIGHT POLLUTION CONTINUES UNABATED

6.1 DIVERSION CHANNEL BREACH POLLUTING THE LAKE

In April 2020, the rains washed up huge amounts of solid waste, which blocked the movement of wastewater at HAL side and flooded Ambedkar Nagar and KC valley STPs (47). To mitigate the flood situation, BDA breached the diversion. This resulted in the entry of huge amount of solid waste and wastewater into the lake that was de-watered. This flow of untreated wastewater into the lake , along with solid waste, continued well into June, when the breach was finally closed.

BET has been continuously observing the activities on the ground. We find the BDA engineers blame BWWSB and BWSSB engineers blame BDA. As far as we know, there is no documentation of this breach, no technical enquiry, and no accountability. Most importantly, technically correct preventive measures may or may not have been taken.

As a result of this breach, the de-watered lake now holds water and BDA is now pumping water from the lake, incurring infructuous expenses. This has also stalled the de-silting work.

The Hon'ble High Court of Karnataka, in W.P No. 38401/2014 constituted a three member Technical Committee (TC) to inspect the collapse of retention wall of three lakes ( Hulimavu lake of Bellandur Catchment, Hosakerehalli lake, Doddabirdakallu Lake). The technical committee has done a good job as can be ascertained from its report (48) . Considering MC has been given adequate powers by Hon’ble NGT in Bellandur case - The Committee will have such powers as are necessary to ensure execution of this order within reasonable time. The State and all concerned Authorities will cooperate and provide all assistance as may be necessary. The Committee may issue necessary instructions to the authorities from time to time for the purpose. The Committee will be at liberty to co-opt any other expert or take assistance from such person or persons as may be deemed necessary - we recommend the MC to undertake such an evaluation and perhaps request the members of the above high court’s technical committee to do the evaluation. 49

Agenda 29: Document such occurrences and bring it to the attention of Hon’ble NGT. Hold a technical enquiry and take corrective actions to prevent such occurrences. Hold the officers responsible, accountable.

6.2 KC VALLEY STPS POLLUTING THE LAKE

BET’s site survey in the last few months discovered raw sewage discharges into the lake from KC valley STPs (13). There are distinctly laid pipes from the KC valley STPs to discharge raw sewage into the lake at two different points.

KSPCB as a regulating agency has gravely failed in monitoring and enforcing consent conditions of these STPs. They must inspect the STPs , identify technical gaps and file their reports, which must be displayed on the website.

6.3 SOLID WASTE NOT CLEARED, FIRE RAGES ON BELLANDUR LAKE

Fire started on 19 Feb 2020 , raged for more than 4 days on the south-west end of the lake bed (near the firing range) as shown in the Figure 19 (20).

Figure 19: Map showing the location of Feb 2020 fire

What caught on fire were the massive mounds of solid waste on the lakebed, that was to have been cleared years ago as per the directions of Hon’ble NGT. Once the fire was brought under control, the waste was covered and diversion channel’s bund built on it . Covering up the solid waste instead of removing and disposing off to a landfill is a grave violation of NGT orders.

Negligence of the responsible government bodies has resulted in (completely preventable) open burning of the waste, that dumped copious amounts of carcinogenic and toxic chemicals like DIOXINS and FURANS into the air, which eventually settles on the lake surface contaminating the lake sediments and lake water as described in detail in SECTION 4.1.

It is just not this incidence, every time Bellandur Lake caught on fire, these dangerous chemicals have been released. KSPCB and CPCB have been silent on this. They must have conducted a study to understand the extent and magnitude of DIOXINS and FURANS contamination in air, water, sediments and also in macrophytes. This is not done.

The Hindu reported on 12 Dec 2019: A study by UK Centre for Ecology and Hydrology has found exceptionally high levels of methane gas from untreated raw sewage as the likely cause for Bellandur Lake catching fire regularly (49). This research was done in collaboration with Bangalore based research institution ATREE. The role of potent greenhouse gas METHANE in perpetuating the fire, was never studied. Air quality along with Methane gas needs to be monitoring in the vicinity of the lake to ascertain the risk to public and more importantly to holistically address the problem. This is not done.

Agenda 30: Record and Inspect fire incidences. Investigate why the solid waste from the lake bed was not cleared as per NGT directions and hold the officers responsible.

Identify - via physical and drone survey - and remove deposits of solid waste on the lake bed.

Agenda 31: Conduct research studies to understand the extent and magnitude of DIOXINS and FURANS contamination. Strengthen KSPCB’s lab and establish a program for regular monitoring of DIOXINS in air, water, sediments and vegetation.

Setup air quality monitoring station in the vicinity of the lake at an appropriate downwind location as identified by air quality experts. Strengthen KSPCB’s lab and establish a program for regular monitoring of Methane gas.

7. CONCLUSION

The government, political and public mindset is mainly focused on beautification not restoration, definitely not pollution prevention. It is ironic, because the main reason for restoration is pollution. Pollution is highly complex and inter-disciplinary in nature, which needs through investigations and research, to peel the layers. It is extensive and continuous, needs constant vigilance.

To address this behemoth, we need ‘intent’. Mainly, the intent of the government and the political class. There is none. The government is this recalcitrant child that judiciary and civil societies have to deal with today. With this uncooperative attitude, comes deliberately misdiagnosed problems and misguided solutions. With this uncooperative attitude, comes evading courts with inaccurate facts and escaping public scrutiny with opaque operations.

How can anyone have faith in public institutions and laws, when all this is happening. We feel embittered at the state of affairs and helpless, at times. But pollution doesn’t stop and citizen efforts must continue. Perseverance is key.

Our analysis has identified 31 agenda points on which government action is needed. We hope that the government sheds its slumber and gets into action. We also hope civil societies will empower themselves with the necessary data and insights presented in this document, so as to change the current discourse from beautification to restoration.

8. REFERENCES

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