Compliance Monitoring of Indsutrail Effluent Standards in Nepal

COMPLIANCE MONITORING OF INDUSTRIAL EFFLUENT STANDARDS IN NEPAL

Ram Charitra Sah

(B.Sc., B.Sc.Forestry, M.Sc.Environmental Science)

Staff Scientist

Pro Public, Nepal

Abstract: Many industries in Nepal discharge their effluents strength enough than the Ministry of Population and Environment (MOPE) industrial effluent standards directly and/or indirectly into land or small channel leading to the nearby rivers. Nationwide study of 22 different industries whose standard has been already set up, it has been found that almost all industries are violating the effluents standard all the times, and polluting near by rivers, agricultural land and soil in presence of effluents standard.

Lack of proper human resources and commitment of the government, the implementation of the Environment Protection Act (EPA) 1996, Environment Protection Regulation (EPR) 1997, and Standards are not likely to comply any where. Instead of executing themselves, MOPE had handed over its responsibilities of implementation and monitoring of industrial effluent standards to the Ministry of Industry, Commerce and Supply (MOICS) whose prime aim is to promote the industries, not to penalize them for the cause of environmental pollution. In this context, the role of civil society like Pro Public, a national level NGO become very crucial towards initiating compliance monitoring program in Nepal.

Even to this degree of violence of first generation industrial effluent standards, the industries are being given provisional pollution control certificates against EPA provision, soft loan and grant for the treatment plant under Environment Sector Support Program (ESPS)/DANIDA Cleaner Production program which is against the motto of polluters pays principles required for the sustainable development. Therefore adequate steps have to be taken towards compliance of all environmental quality standards for betterment of the environment and reduce health impact.

Key Word: effluent standard, compliance monitoring, sustainable development

1. Introduction

Many industries in Nepal discharge their effluents strength enough than the Ministry of Population and Environment (MOPE) `s tolerance limits for industrial effluents discharged into the inland surface water directly or indirectly into soil and/or small channel leading to the nearby rivers. From our series of study of 22 different industries whose standard has been already set up , it has been found that almost all industries are violating the effluents standard all the times, and polluting near by rivers, agricultural land and soil in presence of effluents standard set up by the government due to lack of compliance monitoring.

1.1.The Industrial Development in Nepal

Nepal is not an industrialized country. With increase of global market and access to the developed science and technologies as well as demand of the courtiers' peoples, many industries, factories as well as small plant units has been established in to some industrial estate, the Kathmandu valley and rest mostly located in the Terai region near to Indian boarder. Industries are categories into cottage industries, small industries (fixed capital up to Nepalese Rupees 30 million), medium industries (fixed capital Nepalese Rupees 30 to 100 million), and large Industries (fixed capital above Nepalese Rupees 100 million). Contribution of the manufacturing industries to the gross domestic product (GDP) is estimated to be around 10 percent. At present, about 4,500 manufacturing units employing 10 or more persons are operated in different part of the country providing employment to over 0.2 millions peoples.

Forty percent of Nepal's total industries units (4,271) in 1992 were related to water pollution. Our capital city Kathmandu Valley alone accommodates nearly 50.9 percent of the total industrial units (2,174). All industrial waste in most cases are directly discharge into local water bodies without treatment which are considered as the major places for disposal of urban solid waste and industrial effluents. The number of officially recorded industries establishment is shown in table1.

Table 1.Trends of Industrial Development

Looking on the contributions of industries in pollution load to the nearby rivers, the table 2 shows the Kathmandu valley has more than 72 percent of the countries water polluting industries. Many of these industries discharge effluents into local rivers without treatment, spoiling the quality of the river water. A study indicates that the contribution of industrial effluents to the river is about seven percent of the total effluents (domestic and industrial) in the Kathmandu Valley.

Table 2. Water polluting Industry in Kathmandu Valley

Localized industrial pollution is on the rise. Since the waste water generally contain high load of oxygen demanding wastes, diseases causing agents, synthetic organic compounds, plant nutrients, inorganic chemicals, minerals, and sediments1.

A general scenario of total industrial waste have been estimated at 0.764 million tons of TSP, 8.557 million cubic meter of waste water, 0.057 million tons of BOD, 0.096 million tons of TSS and 0.220 million tons of solid wastes.

Ten years ago 125 industrial plants throughout the country were identified as industrial pollution hot spots (IUCN 1991). Sixty plants were identified as highly polluting hot spots. These included brewery and distillery, cement, cigarette and tobacco, feeds, iron and steel, rosin and turpentine, soap and chemicals solvent, oils and vegetable ghee, jute, Katha, leather and tanning, marble and magnetite, quarry, pulp and paper, sugar and textile industries3.

1.2 Environmental Conservation is Prime Focus

It has been realized at policy level of Nepal that the sustainable economic development would be possible through the integration of environmental aspects in the development policy and plan. Realizing the benefits of environmental management, His Majesty's Government of Nepal established the Ministry of Population and Environment (MOPE –September 22, 1995) in order to help streamline the environmental improvement works through institutional efforts. After nearly two years of its establishment, the Environmental Protection Act, 1996 and the Environmental Protection Rules 1997 have been enforced as legal measures of environmental degradation. The ministry is then promulgating several environmental quality standards as well. The Nepal Vehicle Mass Emission Standard 2000, Inland Effluent Standard of nine (Pulp & Paper, Tanning, Distillery, Vegetable oil & Ghee, Wool processing, Milk processing, Sugar, Textile/Cotton, and Soap) specific industries, one Generic effluent standard, Effluent standard of common treatment plant, standards of sample collection and analysis procedures have been recently set up. We have got National Ambient Air Quality Standard (NAAQS) in place. These are the most strength of the ministry so far achieved in terms of policy but its effective implementation and monitoring have been not happening anywhere in the real ground. These standards has set up by the government through least public participations, expert consultation and entirely on the basis of some consultant study which is not even included independent scientist working in this sectors.

Moreover, in the name of coordination with other governmental agencies MOPE had handed over its responsibilities of implementation and monitoring of industrial effluent standards to the Ministry of Industry, Commerce and Supply (MOICS) whose prime aim is to promote the industries, not to penalize them for the cause of environmental pollution. In this context, the role of civil society like Pro Public, a national level NGO dedicated for environment conservation become very crucial towards initiating compliance monitoring program in Nepal. So far we have monitored 22 ( Annex 1) different industries on a series of time and result of analysis is used for our advocacy, research and litigation program for the environmental justice to conserve the ecologically, culturally rich rivers and associated flora and fauna.

In order to effectively carry out or cause to be carried out the acts of the mitigation, avoidance or control of pollution or the acts required to be carried out in accordance with the Initial Environment Examination (IEE) or the Environment Impact Assessment (EIA) report, the Ministry may, by fulfilling the procedures prescribed by the Public Service Commission appoint Environmental Inspector (EI) or designate any employee to carryout functions of such Inspector. So far since eight years of Environment Ministry establishment, government is failed to recruit any single Environment Inspectors except appointing some government official temporarily to look on specific problem. In general, the MOPE does not have the required human resources equipped in the sector of environment and particularly in the industrial pollution monitoring and hence the implementation and execution of those Acts, Regulations, standards are not likely to happen any where which results continuous environmental degradation of the nation and increased pollution load to the river, soil and agricultural land.

Under our compliance monitoring program, we have so far monitored about 22 different industries. For illustration purpose in this sustainable development conference, I am presenting the details with reference to two groups of industries belongs to Paper & Pulp and Tanning industries. Since these two are the most environmental polluters industry at present in terms of volume of waste they produced and strength of effluent they discharge to the inland surface and near by water bodies.

2. Pro Public's Compliance Monitoring of Industrial Effluent Standard

Forum for Protection of Public Interest (Pro Public) is a non-profit, non-sectarian, non-political and non-governmental organization committed to the cause of public interests. Founded in 1991, by a group of environmentalists, women's rights activists, consumer activists, lawyers, journalists, engineers, and economists, the organization has been incessantly working guided by its mission-"To help Nepalese people seek and obtain social, economic, environmental, and political justice". The organization has earned the credibility of the people by consistently pursuing people's rights through research, advocacy, capacity building and litigation.

With prime focus on the environment conservation aspect, the forum is constantly working on the various issues from its beginning and focuses in almost all sectors of the environmental pollution on the basis of self motivation towards public causes and on the appeal of public interest. The handful efforts have been putted in the industrial pollution sector, vehicular pollution sectors, and conservation of natural resources and cultural heritage sites of the country. Moreover, the form have been playing crucial role in the development of environmental related Act, Rules, Regulations, strategies and setup of comprehensive different environment quality standard through active participation and providing early expert suggestions, comments and memorandums to MOPE and MOICS.

But the similar level of commitments from the concerning authorities have hardly been found so far. There is limited scope of NGOs with respect to authority to work in the monitoring part of the environmental management and hence despite of getting several positive environmental justice its implementations part is very week. For example, concerned government officers (Environmental Inspector) is only able of collect samples, inspect and observe any environmental related activities causing public nuisance with full authority which are appointed on ad hoc basis or almost nil in number with proper academic background. As consequences the effluent standard setout by the MOPE is unable to implement themselves and handed over the responsibility to implement the standard to the MOICS in the name of coordination which is also neither having sufficient manpower nor required equipment. Pro Public has filed a lawsuit (August 26, 2003) against MOPE to recruit enough Environment Inspectors required for the execution of its activities. The case is under subjudice.

2.1 Materials and Methods

Based on the seriousness of river pollution and threats to public lives and properties caused by the discharge of the effluents of industries (Pulp & Paper and Tanning) claimed their effluents as treated one were considered as main focus for the study to carryout the physico-chemical analysis to check efficiency of their adopted treatment systems. At the same time to monitor the compliance of the effluent standards set by the MOPE. That is why the waste water sample were taken at the point of the discharge after their treatment plants from where the effluents enters into the ecosystem or environment resulted soil and river pollution. In order to know the degree of water pollution caused by these industry the upper stream and downstream river water samples were also analyzed and studied. The air pollution is also seen prominent into the nearest vicinity of the industries. In case of Pulp and Paper mills, in which rice husk is a use as major energy sources. The residues after burning this husk are found to be dumped in near by land close to the village. The direct fall out of burned dust particles into the nearest villages, the excess hurricanes and multidirectional flow of air during summer season carry away these burned materials to long away and deposited to the roofs, drinking water, meals, surface of green vegetable plant leaves of the nearest communities' peoples. The eye irritation problems were experience more frequently in these areas. Recently in August 26, 2003, there were leakage of Chlorine gas using for bleaching the pulp from Baba Pulp and Paper Industry, Sunsari had caused serious health damages to resident of the nearby poor community of about 400 peoples. Mostly respiratory disease and eye related problems have been observed. The concerned authorities and local administration was silence on this problem.

Three time series samples of Everest mills (August 2001, March-2002, October 2002), Arbind and Baba Pulp & Paper mills (March 2002, October 2002, June 2003) were taken and analyzed into a government accredited laboratory.

Similarly three time series samples were taken and analyzed for the four tanning industries viz: Nepal tanning, Universal tanning, Pioneer tanning and United tanning located in the eastern development region (EDR) of Nepal. The results were compared against the government standards. The industries taken for this compliance monitoring are mostly under Cleaner Production (CP) programs of ESPS/DANIDA and granted provisional pollution control certificate by MOICS.

2.2 Sample Analysis

The parameter we choose for the monitoring are based on the particular industries waste characteristics and also with the view of the parameters listed in the government standards for these group of industries.

In this study parameters to be studied were considered for direct effluent from the point of entering into the environment. Physico-chemical characteristics analysis were done with the view of comparing with the MOPE`s standards as well as importance of the water pollution. The following parameters were considered for assessment: pH, color, odor, electrical conductivity, N-Ammonia, TDS, TSS, BOD, COD, Na and Total Cr. Effluent samples, river water samples(before and after mixing of effluent) collection were performed by standard grab sampling method and its physico-chemical parameters analysis was performed by the Standard Method as tabulated in the table shown below.

Table 3. The Sample analysis methods

3. Approach of Monitoring Industrial Pollution

According to present existing Act and Regulation, It is legally not been possible to inspect and sampling of industrial pollution (air/water). We as a NGO representative of civil society dedicated for protection of public interest will take advantage of local governance Act/Regulation. We approach concerning VDC, ward representative and meet even local affected people, the industries personals with our simple request letter.

Most of the time they have taken it positive, cooperated and allow us to inspect and sampling their effluent. Sometime they are not happy and hence we are helpless in that circumstance. But as we are concerned with pollution outside their industrial premises, we usually sample any industrial effluents at the point of discharge it into the environment. Most of the time, it has been found tat they are discharging either directly or temporally inefficiently storing in series of settling ponds and/or simple treatment plants.

As our purpose of industrial effluent sampling is for compliance monitoring of existing MOPE`s industrial effluent's standards. So we usually take three samples at different location upstream sample (P1), direct industrial effluent from entry point to the environment (P2) and downstream sample after mixing of industrial effluent (P3) as shown in fig.2.

We do analysis from the government accredited laboratory like ENPHO, NESS etc depending upon the parameters to be tested and availability of testing equipments in those laboratories and invested more than 0.5 Millions Nepalese rupees. The results are compared with the government existing standards to find out the degrees of breezing the MOPE`s standard and scale of environmental causes. For illustration, only time series data of the sample of direct effluent after their treatment (P2) are illustrated into the table shown with the following sections.