National Green Tribunal
Manish Jain vs Union Of India on 21 August, 2024
Item No.01 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.141/2022
(I.A. No.45/2022)
Manish Jain Applicant
Versus
Union of India Respondent
Date of hearing: 21.08.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant(s): Mr. Vikash Kumar Verma and Mr. Jugul Kishore
Gupta Advocates for the Applicant alongwith
Applicant (through VC)
Respondent(s): Mr. Vikrant Pachnanda and Mr. Mukul Katyal, Advocates
for respondent no. 1-MoEF and CC (through VC)
Ms. Tanisha Samantha, Advocate for respondent no. 2-
CPCB (through VC)
Mr. Pradeep Misra, Advocate for respondent no. 3- UPPCB
(through VC)
Mr. Parijat Sinha and Mr. Divyam Dhyani, Advocates for
Respondents No. 5 and 6
ORDER
1. Manish Jain, Advocate, Chamber No.222, Civil side, Tis Hazari Courts, Delhi has instituted this Original Application (hereinafter referred to as 'OA') under Sections 14, 15 and 18 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010'), raising a grievance against M/s Upper Doab Sugar Mills Ltd. (respondent-5), which has its unit at Mill Road, Shamli, and Sir Shadilal Enterprises Ltd. (respondent
6), which is also adjacent to respondent 5's unit, alleging that they are causing air pollution by not properly handling fly ash during sugarcane 1 crushing season and also due to bad fumes' emission in the area which is causing air pollution and creating health hazard to the local people.
2. The facts in brief stated in OA are, that, the citizens in Shamli district are facing environmental hazards due to fly ash emissions from the industrial units of respondents 5 and 6 during the sugarcane crushing season, as well as the emission of foul smells. Reliance is placed for the said purpose on a media interview of citizens published in local daily newspapers Nav Chetan, Satya Bhasha and to other Dainik Jagran and Amar Ujala. Respondent 5 is said to create deafening sound when inject steam in turbines causing noise pollution. Late in night hours' respondent 5 used to release bad odoured fumes from their bio gas plant/storage in the area which is unbearable and intolerable for the local residents, as it creates breathing problem to the people.
3. Respondent 5 is also discharging untreated industrial wastewater directly into water bodies. Although an effluent treatment plant has been installed at respondent 5's unit, it is not functioning properly. Additionally, respondent 5 is releasing a substance known as bitrex, technically referred to as Denatonium Benzoate, which is very bitter in taste and detrimental to human health.
4. It is stated that Shamli is a district in Uttar Pradesh famous for sugarcane farming and production of sugar and ancillary products, with three operational sugar factories: M/s Superior Food Grains Pvt. Ltd., Bajaj Hindustan Sugar Ltd., and Upper Doab Sugar Mills Limited.
Respondent 6's industrial unit was established in 1993 at Shamli under the name 'The Upper Doab Sugar Mills Limited', with cane crushing capacity of 600 TCD per day. The company has been continuously modernizing its plants and machineries in stages by adopting latest 2 technology, and its cane crushing capacity has significantly increased in recent years. Respondent 5 is generating large amounts of fly ash and directly releasing it into the environment, causing air pollution.
5. Local inhabitants approached District Magistrate of Shamli, as well as the management of respondents 5 and 6, to make their complaints; but no action has been taken.
6. This Tribunal took notice of the complainant on 28.02.2022, but found it appropriate to obtain a Factual Report for which it constituted a Joint Committee comprising Uttar Pradesh Pollution Control Board (hereinafter referred to as 'UPPCB') and District Magistrate, Shamli. The said Committee was required to submit its Factual Report within three months.
7. Pursuant thereto, Joint Committee submitted Report dated 01.07.2022, detailing its findings on various aspects after inspecting Shamli Distillery and Chemical Works (Distillery Unit) and Upper Doab Sugar Mills (Sugar Unit) and its surrounding areas on 31.03.2022.
Relevant observations made by Committee in respect of M/s. Upper Doab Sugar Mills, Shamli read as under:
"3.1 Observations during the visit on 31.03.2022 by the joint team of UPPCB and District Administration, Shamli:
General
1. The Sugar unit i.e. M/s Upper Doab Sugar Mills, Shamli, U.P is engaged in producing white sugar by using Sugarcane as raw material.
2. During inspection, the unit was found in operation. The ETP was operational at the time of inspection.
3. The unit has started its crushing operation on 08.11.2021 for current season2021-22. The Unit closed its operation on 15.05.2021 in the last crushing season i.e. 2020-21.
4. As per Daily Manufacturing Reports (DMRs) provided by the unit, it was observed that on the average actual crush rate 3 (TCD) is 5748 TCD (Avg. value upto dated 11.04.2022) against the consented capacity of 6250 TCD.
Compliance status under Water (Prevention & Control of Pollution) Act, 1974
5. The Unit is having valid Consent to operate (CTO) under Water & Air act and valid up to 31.12.2023.
6. The unit is having ETP with treatment capacity of 1600 KLD for treatment of effluent generated from various sections of sugar mill. The ETP comprises of Receiving Tank> Oil Separator > Rori bed Filter> Chemical dosing tank> Zigzag pits> Aeration tank> Secondary clarifier> Dual media filters > Final treated effluent.
7. The unit has installed flow-meter at ETP inlet pipeline & Outlet pipeline. The unit has maintained log book for inlet and outlet flow meter reading.
8. The unit is complying w.r.t. final treated effluent discharge volume norms as the treated effluent generation i.e., 193 Liter/ton of cane crushed as against norms of200 Liter/ ton of cane crushed.
9. The unit has 01 lagoon having capacity of 19,000 m3 to store final treated effluent. The treated water is pumped for irrigation to nearby factory farm yard and farmer land as per the demand through pipeline.
10. During inspection, it was observed that the ETP was installed outside the premises of the Sugar mill and the untreated effluent is pumped from a pump inside the premises to the ETP through a pipeline. The sump drain found disconnected by Brick Wall from storm water drain.
11. About 230 workers /staff resides within the premises and 813 workers attends the mill per day. The Sugar mill does not have any STP (Sewage Treatment Plant) for the treatment of sewage generated daily from the residential Colony and Sugar Mill. The Unit has submitted the proposal for STP (Sewage Treatment Plant of 100 KLD Capacity) for the treatment of sewage water.
12. The Joint team collected sample from the ETP and outside the premises Shamli drain. Lab analysis results are tabulated as below:
Sample location Parameters
Ph COD BOD TSS TDS O&G MLSS
ETP
Inlet 5.2 2880 1065 580 - - -
Aeration tank - - - - - - 2800
Final Outlet (After 7.2 192 26 28 556 - -
tertiary treatment)
Standards asper 5.5- 250 100 100 2100 10
E(P(Rules), 1986 8.5
4
For Land disposal
Drain outside the Unit premises
Shamli drain 7.2 24 8 10 6 84 --
(downstream 3 -
3.5 km
from the unit
premises)
O&G is Oil & Grease
All values in mg/l except pH. The Lab Analysis report is annexed at Annexure-V.
13. The unit has installed Online Continuous Effluent Monitoring System (OCEMS).During inspection, all parameters found within the norms. The OCEMS is Connected with CPCB server.
14. The Unit has maintained logbook for daily bore wells reading & analysis of effluent parameters.
15. The unit submitted ground water sample analysis report dated 26.02.2022 in which general parameters and heavy metals parameters are within the prescribed limits from third party agency M/s. Newcon Consultants &Laboratories, Ghaziabad (Annexure-VI).
Compliance status under Air (Prevention & Control of Pollution) Act, 1981
16. The Unit is surrounded by nearby human population, commercial activities and academic institutions. The Unit has increased the boundary height at Bagasse yard area & covered the bagasse & mound with green cover. However, the boundary walls height need to be increased and should be more (at least 3 meter) than the height of the bagasse mound so as to avoid any bagasse dust emission to the nearby area.
17. During the visit, water sprinkling was being practiced manually by the unit in the Bagasse handling area and storage yard.
18. The unit is having 05 no. of Boilers & capacity of 04 boilers are 25 TPH each &one of 38 TPH using bagasse as fuel and the same was operational during inspection. For APCD, the unit has installed wet scrubbers in 04 stack (common in two 25 TPH boiler).
19. During inspection, stack monitoring of the boiler stacks were also carried out by the team. Details as below stack:
Boiler Boiler APCD Stack Analysed Standard No. Capaci Analysed Height Parameter (mg/Nm3) ty Paramete PM (TPH) r Standard (mg/Nm3) PM (mg/Nm3) 5 (mg/Nm3) 01 1x38 Wet 35 meter 142.6 150 TPH scrubber 02 Wet 35 Meter 138.7 150 03 2x25T scrubber (common) PH common 04 2x25T Wet 35 meter 132.7 150 PH scrubber 05 2x25T Wet 35 meter 136.2 150 PH scrubber The lab analysis report is annexed at Annexure-VII.
20. During the visit, fly-ash was not seen outside the industry premises on side of roads. The Unit has landfill area outside the premises for fly-ash handling and management in land owned by the unit about less than 1 km from the industry. The total area of fly ash yard is approx. 4.15 acre. At the time of inspection, almost 2000 sqm. area found filled with fly ash. Industry intimated that they have agreement for disposal of fly ash for filling in low lying areas. Copy of the agreement is enclosed at Annexure-VIII.
21. The unit has manual water sprinkler system at the fly-ash landfill site. The transportation of the fly-ash to the designated landfill site facility found covered truck/trolley to contain the spread of any fly-ash during transportation. The Unit representative informed that the fly-ash from the landfill site is taken for the road making.
Groundwater Sampling and Analysis
22. To assess the ground water quality, groundwater samples were collected from the units premises & outside the factory and results are depicted below:
GW Sample pH Conducti TDS Total
Location vity Hardnes
s
Borewell within the 7.9 1080 760 340
premises
India Mark-II Hand 7.4 780 640 290
Pump near
Shamshan Ghat,
Vill. Lilon (Opp. to
Goga Peer Mhadi)
Drinking water 6.5- -- 500 200
standards (BIS) 8.5
(Second Revision) IS
10500:2012
(Acceptable limit)
Drinking water 6.5- -- 2000 600
standards (BIS) 8.5
(Second
6
Revision) IS 10500:
2012 (Permissible
limit in
absence of alternate
source)
All values in mg/l except pH. The Lab Analysis report is annexed at Annexure-IX.
3.3 CONCLUSIONS (SUGAR MILL)
1. The Sugar mill started its operation on 08.11.2021 during the current crushing season (2021-22).
2. During the visit, the Unit was found complying with the notified effluent standards for irrigation at ETP.
3. The unit has submitted proposal for installation of Sewage Treatment Plant of100 KLD capacity for the treatment of sewage water.
4. During the visit, no visible fly-ash and baggase emission/ spread was observed. The bagasse stock was found covered with green sheet, however the height of the boundary wall at bagasse storage yard/area are not enough and needs to be increased (at least 3 meter). Industry representative informed that boundary wall construction work is under progress. During inspection, foundation work were found in progress.
5. In the matter of Satyapal Singh Vs State of Uttar Pradesh (O.A. No. 301/2020)as per the Hon'ble NGT order dated 02.08.2021, on the basis of joint committee recommendation, environmental compensation of Rs. 6.90 Lac has been deposited by the industry through RTGS (No.PUNBR52022042511894660) dated 25.04.2022 in Bank A/c of U.P. Pollution Control Board.
6. Industry has submitted the action taken report vide their letter no. UDSM/HR/44/2022 dated 26.04.2022 in the matter of Satyapal Singh Vs State of Uttar Pradesh in O.A. No. 301/2020. At the time of inspection dated31.03.2022, unit found complying the recommendation of joint committee passed through their visit on dated 24.11.2021.
3.4 RECOMMENDATIONS FOR THE SUGAR MILL (M/S UPPER DOAB SUGAR MILLS) Based on the present joint visit on 31.03.2022, following are recommended for compliance:
1. The Unit shall install a Sewage Treatment Plant (STP) of 100 KLD capacity asper proposal within 03 months for the treatment of domestic wastewater generated from the residential and industrial area.7
2. The Unit shall ensure safe transportation and storage of bagasse and fly ash, so that can avoid any fugitive emission of bagasse and fly ash dust particles.
3. Unit shall ensure the provisions of Water (Pollution Prevention & Control) Act 1974 as amended and Air (Pollution Prevention & Control) Act 1981 as amended.
8. Joint Committee Report was considered by Tribunal on 05.08.2022.
In the light of recommendations and observations made by Joint Committee, Tribunal observed that Joint Committee Report has not considered the question of compliance of consent conditions by project proponents. Therefore, it should submit a further Report of its compliance status by both the industries in respect of consent conditions particularly on the following aspects:
(i) Disposal of fly ash as per CPCB guidelines,
(ii) Coverage of minimum 33% of land on which industry is established with plantation of suitable species, and
(iii) Compliance with recommendations made by Joint Committee in its Report and appropriate action taken as required by law.
9. Notices were also issued to respondents 1, 2 and 4 to 6 along with copy of Joint Committee Report giving them opportunity to file their responses.
10. Respondents 5 and 6 both filed a joint reply via e-mail dated 10.10.2022. They stated that Joint Committee Report found that fly ash emissions are within the prescribed norms or below the prescribed standards and there was no violation on that aspect. Joint Committee also recorded its findings that the unit has a landfill area outside the premises for fly ash handling and management, located on land owned by the unit, which is less than one kilometer from the industry. Total area of the fly ash yard is approximately 4.15 acres. At the time of inspection, Joint 8 Committee found an area of 2,000 square meters filled with fly ash. The unit has an agreement for disposal of fly ash for filling in low-lying areas.
Additionally, it has a manual water sprinkling system at the fly ash landfill site, and the transportation of fly ash to the designated landfill site is carried out using covered trucks or trolleys. Allegations of deafening sound caused due to the injection of steam in turbines and other allegations are denied and it is said that the unit is following Zero Discharge System in the distillery, therefore, question of flow of Bitrex does not arise.
Furthermore, in the permissible discharge of treated effluent up to 1200 KLD from the sugar factory, there is no Bitrex since an Effluent Treatment Plant (hereinafter referred to as 'ETP') is also installed which is functioning properly.
11. Central Pollution Control Board i.e., respondent 2 has filed its reply dated 28.10.2022. Basically, it relies on Joint Committee's Report and its observations, conclusions, and recommendations. Reliance placed on the Joint Committee Report in CPCB's reply on certain aspects is reproduced as under:
"2 ...The joint Committee report states that the height of the boundary wall at bagasse storage yard/area is not enough and needs to be increased (at least 3 meter). The Joint team has recommended that the Unit shall ensure safe transportation and storage of bagasse and fly ash, so to avoid any fugitive emission of bagasse and fly ash dust particles.
3. ...It is humbly submitted that the Joint Committee has not conducted any noise monitoring within the industrial premises & surrounding areas to ascertain the facts.
4. ...It is humbly submitted that the joint Committee report of Respondent No. 3 (UPPCB) & No. 4 (District Magistrate -Shamli) has no mention of any bio-gas plant within the premises of Sugar Mill. It is also to submit that as per the report the Distillery Unit has an anaerobic reactor in its CPU (Condensate Polishing unit) and the same will generate biogas (Methane, H2S etc.) and therefore, the biogas -produced required to be properly stored 9 and utilised and in case, biogas is not sufficient to be used as fuel it should be burned through flare system for cleaner emission
5. ... the ETP was installed outside the premises of the Sugar mill and the untreated effluent is pumped from a pump inside the premises to the ETP through a pipeline. As per the joint report, about230 workers /staff resides within the premises and 813 workers attend the mill per day. The Sugar mill does not have any STP for the treatment of sewage generated daily from the residential Colony and Sugar Mill. It indicates that the domestic wastewater is being discharged into the local drain without treatment by the Sugar mill violating the Condition of Consent to operate issued by Respondent No. 3(UPPCB).
xxx................................xxx........................................xxx
10. ...As per the inspection report of Joint Committee conducted on 31-03.2022, the Unit is required to increase boundary walls height and the same should be more (at least 3 meter) than ail set of the bagasse mound so as to avoid any bagasse dust emission to nearby area. Further, it is humbly submitted that the Answering Respondent reiterate the same as stated in Para no. 2 of this Reply Affidavit."
12. It is said that the rest of the allegations relate to private proponents, and they may reply.
13. Pursuant to order dated 05.08.2022, UPPCB filed an inspection Report dated 02.11.2022 after inspecting both the units, i.e., M/s Shamli Distillery and Chemical Works (Distillery Unit) and M/s Upper Doab Sugar Mills (Sugar Unit). Shamli. Findings, observations, recommendations, and conclusions drawn by Joint Committee are reproduced as under:
"3.0 INSPECTION OF M/s UPPER DOAB SUGAR MILLS, SHAMLI, UP BY UPPCB In compliance to said orders of the Hon'ble NGT dated 05.08.2022, Officers of Regional Office UPPCB Muzaffarnagar visited the industries - (i) M/s Shamli Distillery & Chemical Works(Distillery Unit), Shamli, UP & (ii) M/s Upper Doab Sugar Mills (Sugar Unit), Shamli, UP & its surrounding areas on 25.10.2022.10
The Sugar Unit i.e. M/s Upper Doab Sugar Mills, Shamli, UP was found Non-operational during the visit due to Off Season. The Sugar Mill and its surrounding area was inspected by the officials & details are as follows:
Details about M/s Upper Doab Sugar Mills, Shamli, UP:
1. Date of Inspection: 25.10.2022
2. Name of the unit with M/ s Upper Doab Sugar Mills, complete postal Shamli address (A Unit of Sir Shadi Lal Enterprises Ltd, Shamli-
247776,Uttar Pradesh)
3. Spatial Co-ordinates Latitude-29°26'32.57"N Latitude and longitude (in Longitude-77°18'51.15"E Decimal format only)
4. Standalone/ integrated Sugar Unit (with co-generation) Sugar/ sugar refinery
5. Year of commissioning 1933
6. License capacity of sugar 6250 TCD Mill (TCD)
7. Average actual crush rate Presently unit is not operation (TCD) due to offseason and data can be verified after commencement of Production.
8. Consent status & its Validity with date 1- Air Consent a) Air Consent valid up to 31.12.2023(Annexure-1).
2- Water consent b) Water consent valid up to 31.12.2023 (Annexure-2).
C. Hazardous Waste
Authorization c) The Hazardous Waste
Authorization is valid upto
26.07.2023 (Annexure-3).
9. NOC from UPGWD & its The unit has NOC from Ground
Validity with date Water Department for all 5
(Expired/Applied for tubewells are valid
renewal/First Time upto 15.08.2026 (Annexure-4).
applied/Never applied)
10. Started crushing in season Presently unit is not operation 2022-23 due to off Season Stopped crushing in last 16.05.2022 (As per RT-8C) season 2021- 22
11. Operational status during Not Operational due to Off visit Season 12 Name of contact person Designation Sh. Vinay Sharma Manager (EHS) Information pertaining to Water Pollution 11
13. Sources of fresh water a. Bore well Total Bore wells are 05 no.
b. Flow meter Installation at well Yes
c. Any Logbook maintained Yes
14. NOC from UPGWD & its Validity The unit has NOC from
with date (Expired/Applied for Ground Water Department
renewal/First time for all 5 tubewells are
applied/Never applied) valid upto 15.08.2026
(Annexure-5).
15 Fresh water consumption
(KLD)
a. Sugar plant From July 2022 to
b. Residential etc. September 2022, Avg
c. Total fresh water Consumption 1335 KL/Month (As per
(m3/hr) logbook data).
d. Log book maintained (Yes/ No) Yes
If any, details to be collected
16. Waste water (effluent
generation
(KLD)
a. Industrial Presently unit is not
operational due to off
season.
b. Domestic 31 KLD (Approx.)
c. Total Effluent Generation 31 KLD (Approx.)
17. Schematic diagram of ETP Receiving Tank> Oil
Separator > Rori bed
Filter> Chemical dosing
tank> Zigzag pits>
Aeration tank> Secondary
clarifier> Dual
media filters > Final
treated effluent.
Treatment capacity of ETP (KLD) 1600 KLD
18. Storage of treated Effluent
a. No. & size of lagoons No. of lagoon= 01,
Size= 19000 m3 (as
reported by Unit)
b. Retention time 15 days as per sugar
charter
c. Mode of disposal (route to reach Treated effluent is given to Ganga) nearby farmers through pipeline and used for irrigation.
19. Sludge Handling Process:
12a. Sludge Drying Process 06 no. sludge drying bed available for drying process b. Final Disposal of Sludge Sludge after drying is used as manure for green belt.
c. Whether mechanical sludge Filter press is not installed handling system installed Information pertaining to Air Pollution
20. Source of Air Pollution Boiler 1- 38 TPH (01 No.) 2- 25 TPH (02 Nos.) 3- 25 TPH (01 No.) 4- 25 TPH (01 21 Details of fuel and its Bagasse 1500 MT/Day consumption 22 Details of Air Pollution Control 1. Wet Scrubber with 35 M. Systems and Stack detail high stack from ground level
2. Wet Scrubber with 35 M. high common stack from ground level
3. Wet Scrubber with 35 M. high stack from ground level
4. Wet Scrubber with 35 M. high stack from ground level
23. Status of APCS Not Operational due to off season
24. Quality of emission being emitted Presently unit is not through stack operational due to off season.
25. Any Hazardous Substances Yes, (Yes/No), if yes, give details. Way of Disposal:
(Quantity & way of Disposal) lubricant/ used oil is mixed with bagasse & burnt in boiler and partly used for lubrication in hand trollies, gear, elevators, bailing M/c etc. 13 Compliance Status of industry regarding Hon'ble NGT order dated 05.08.2022 in reference of Fly Ash disposal
26. Fly Ash Fly ash generated from June 2022 to August Details 2022 :-
During visit industry provided the details of Fly Ash disposal from June 2022 to August 2022. As per the information, generated fly ash is being disposed through local vendors for filling in road construction. (Annexure-6) Mode of Transportation (covered/not covered) Through Covered Tractor Trolleys.
Mode of disposal :- Industry has fly ash yard approx. 4.15 Acre. At the time of inspection almost all the fly ash has been transported to local vendors for road construction. Industry didn't submit the records regarding the specific areas where fly ash is being finally disposed off.
Land with specific Khasra no details where ash is being disposed :-
Industry has fly ash yard approx. 4.15 Acre. At the time of Inspection almost all the fly ash has been transported to local vendors for road construction.
Measures taken to prevent air pollution in and around the land filling areas :-
At the time of inspection 12 feet high boundary wall around the yard and manual water sprinkling system found in the ash yard to prevent fugitive emission. Further, it is advised that unit shall ensure dense plantation along with boundary wall with 3 fold green cover at boundary and automatic water sprinkling system to mitigate fugitive emission due to high wind. So, same directions is being issued by Regional Office vide office letter no.957/OA-41/Manish Jain/Shamli/2022 dated 28.10.2022 to industry (Annexure-7).
Compliance Status of sugar industry regarding Hon'ble NGT order dated 5.08.2022 in reference of recommendation made by Joint Committee on inspection date 31.03.2022 On the basis of recommendation mentioned in inspection report, directions issued to industry vide office letter no. 369/OA- 143/2022/Manish Jain/2022 dated 02.07.2022 27 Details of Joint Committee Recommendation S.N Recommendation Compliance Status 14
01. The Unit shall install In compliance, industry vide a Sewage Treatment letter dated 08.07.2022 Plant (STP) of 100 KLD intimated that STP of 100 KLD capacity as per capacity will be installed within proposal within 03 Three months. Till date unit not months for the installed STP for Domestic treatment of domestic Sewage Treatment. Hence, in wastewater generated reference of not complying the from the residential joint committee directions, and industrial area. Environmental Compensation of Rs. 30,000/-per day from the date 03.10.2022 till the installation of STP may be imposed against the unit.
02 The Unit shall ensure As per the information provided safe transportation by the industry, fly ash and and storage of bagasse is being transported bagasse and fly ash, through covered vehicles to so that can avoid any avoid any fugitive emission. fugitive emission of Photographs for the same is bagasse and fly ash annexed as (Annexure-8) dust particles.
Industry didn't submit the records regarding the specific areas where fly ash is being finally disposed off.
03. Unit shall ensure the Industry has submitted the provisions of Water pointwise compliance report of (Prevention & Control of Water and Air consent orders Pollution) Act 1974 as which is being attached as amended and Air (Annexure-9) (Prevention & Control of Pollution) Act 1981 as amended.
Compliance Status of both industries regarding Hon'ble NGT order dated 05.08.2022 in reference of 33% of Plantation on which unit is established
28. Details of 1. Area of Industries Plantation (a) Sugar Unit : 66920.80 sqm.
b) Distillery Unit : 25368.40 sqm.
(c) Total Area of both Industries : 136026.50 sqm.
2. (a) Total Green Area : 43737.30 sqm. (Site Plan with Green Area marked is attached as Annexure
-10.
15As both sugar and distillery units have total area 136026.50sqm. and total green area 43737.30 sqm. which is Approx. 33%as mentioned in Water and Air Consent Orders. Hence, both the units are complying in reference of 33% of Plantation on which units are established.
It is recommended that units shall ensure to develop green belt near/around the most dust prone areas in the premises i.e. truck movement area, bagasse yard and distillery unit boundary wall towards the road side etc. Observations:
1. Industry found non-operational due to off season.
2. Industry didn't comply the directions of joint committee recommendations for installation of 100KLD capacity STP within three months.
3. Industry complying in reference of 33% of plantation on which industry is established. Unit didn't develop green belt near/around the most dust prone areas in the premises i.e. truck movement area, bagasse yard and distillery unit boundary wall towards the road side etc.
4. Unit didn't dense plantation in ash yard along with boundary wall/3 fold green cover at boundary and automatic water sprinkling system to mitigate fugitive emission due to high wind.
Recommendations/Conclusion :
1. On the basis of observations made by inspecting officers of UPPCB, Industry has been found non-complying in reference of STP installation as per the directions issued under Water(Prevention and Control of Pollution) Act 1974 as amended.
Hence, show cause notice may be issue under section 33(A) of Water (Prevention and Control of Pollution) Act 1974 as amended along with Environmental Compensation of Rs. 30,000/- per day from 03.10.2022 till the compliance has been achieved by the industry. In continuation show cause notice has been issued to industry vide H.O. UPPCB Lucknow Letter No. H83587/C- 3/Jal/262/2022 dated01.11.2022 (Annexure-11).
2. Industry shall ensure to comply the directions issued by Regional Office Letter No. 957/OA-141/Manish Jain/Shamli/2022 dated 28.10.2022 regarding Fly Ash and Bagasse storage, transportation and disposal for the next crushing season.
163. Industry shall ensure to develop green belt near/around the most dust prone areas in the premises i.e. truck movement area, bagasse yard and distillery unit boundary wall towards the road side etc. 4.0 INSPECTION OF M/s SHAMLL DISTILLERY & CHEMICAL WOFKS, (DISTILLERY)SHAMLI, UTTAR PRADESH BY OFFICIALS OF REGIONAL OFFICE, UPPCB,MUZAFFARNAGAR M/s Shamli Distillery & Chemical Works', Shamli, UP is engaged in the manufacturing of ENA/Rectified Spirit/Absolute Alcohol by using from Molasses as raw material. The installed production capacity of the Unit is 100 KLD.
During the visit on 25.10.2022, the unit was found non- operational due to unavailability of Fuel (Bagasse). For the same, industry letter dated 22.10.2022 is attached. (Annexure-12) Details about M/s Shamli Distillery & Chemical Works, Shamli General Information:
1. Name of the unit and Address M/s Shamli Distillery & Chemical Works, shamli-
247776, Uttar Pradesh
2. Spatial Co-ordinates (lat. & Lat:29.450758, long.) Lon:77.315212
3. Name of the contact person Sh. Vinay Sharma, Manager designation
4. Year of commissioning 1945
5. Sector Distillery
6. Production capacity 100KLPD
7. Status of consents & Air Consent: valid up to 31-
authorization (validity/ 12-2023 applied) (Annexure-13) Water Consent: Valid up to 31- 12-2023 (Annexure-14) HW Authorization: Valid up to 28-01-2027(Annexure-15)
8. Environmental display board Yes at the entrance gate (Yes/No)
9. Water supply source no. of Bore wells 02 nos. bore wells Water consumption (KLD) About 700 KLD (as reported) (with details of water meters Water meter installed Yes, installed) Yes, valid upto 17.12.2026 for Logbook maintained: (Y/N) 02 Nos. Borewells (Annexure-
16) 17 UPGWD Permission obtained:
(Y/N)
10 Waste water generation (KLD): The spent-wash generation is about 750 KLD (Average).
11 Details of ETP Plant Spent-wash being generated from process, concentrated in MEE (2 Nos., one of 22 KL/Hr and another one is 30 KL/Hr Capacity) and the MEE Concentrate was being sent to slope fired boiler. MEE Condensate, cooling tower blowdown and boiler blow down treated in Condensate Polishing Unit (CPU). CPU comprises of mixing tank (1100 M3), Anaerobic Reactor (5200 M3), Lamella Clarifier (14 M3),Aeration Tank (3000 M3), Clarifier (170 M3),Holding Tank (1100 M3), R.O. Plant (59 M3/Hr).
12 Sources of Air Pollution (Boiler 1. 14 TPH Bagasse fired boiler detail) (Not in use)
2. 36 TPH Slope boiler Type of fuel/s used with Fuel used in Slope and consumption and Stack 36 TPH Bagasse details with APCD Fuel 180 MT/day-
consumption Slope 170 MT/day-
Bagasse
Stack height 72 Mt, 2.5 Mt
& Diameter dia
APCD Bag filter
attached
13 Details of OCEMS installation The flow-meter installed at spent-wash and MEE Concentrate line. OCEMS (emission) for PM emission monitoring from the boiler.
Stack and provided
connectivity to CPCB/UPPCB.
14 Type & Quantity of waste Boiler ash:15 TPD
generated
15 Facility of Storage/Disposal Boiler Ash: Being sold to
potash manufacture
18
Compliance Status of industry regarding Hon'ble NGT order dated 05.08.2022 in reference of Fly Ash disposal
16. Fly ash Fly ash generated from June 2022 to August details 2022 :-
During visit industry didn't provide the details of Slop Ash generation and disposal. Industry submitted sell order for Slop Ash of M/s Ganpati Enterprises, Vishvakarma Nagar, Budhana Road, Shamli. Sell order is attached as Annexure-17.
Mode of Transportation (covered/not covered): -
Through Covered vehicles.
Mode of disposal :- Unit selling slop ash to M/s. Ganpati Enterprises, Vishvakarma Nagar, Budhana Road, Shamli with agreement valid upto 30.06.2023.
Measures taken to prevent air pollution Slop ash being transported to M/s. Ganpati Enterprises, Vishvakarma Nagar, Budhana Road, Shamli in covered vehicles which is utilized in unit for Potash Manufacturing.
Compliance Status of Distillery industry regarding Hon'ble NGT order dated 05.08.2022 in reference of recommendation made by Joint Committee on inspection date 31.03.2022. On the basis of recommendation mentioned in inspection report, directions issued to industry vide office letter no. 368/OA-143/2022/Manish Jain/2022 dated 02.07.2022 17 Details of Joint Committee Recommendation S. Recommendation Compliance Status N. 1 The distillery unit shall During previous inspection on ensure to maintain ZLD dated 02.07.2022 unit found non- as per the charter complying with reference to ZLD conditions as per the charter notified by CPCB notified by CPCB, due to which show cause notice was issued to the industry vide H.O. letter dated 15.07.2022 (Annexure-18). In continuation, on the basis of representation of the industry dated 26.07.2022(Annexure-19), re-inspection being done on dated11.10.2022. On the basis of 19 inspection report, recommendation for imposing environmental Compensation of Rs. 6.60 Lac and revocation of Show cause notice issued on dated15.07.2022has been sent to H.O. Lucknow vide office letter dated 14.10.2022. At the time of present inspection, unit found non-operational.
2 The Distillery unit shall Found complying at the time of ensure that the storage inspection.
capacity of the lagoon/tank for MEE concentrated spent wash shall not exceed 07 days equivalent of production in case of incineration boiler as per the UPPCB consent conditions.
3 The distillery unit shall not Found complying at the time of store bagasse in open place inspection. in the boiler section.
4 The distillery unit shall Industry has submitted the . ensure the provisions of pointwise compliance report of Water(Pollution Prevention Water and Air consent orders &Control) Act 1974 as which is being attached as amended and Air Annexure-20.
(Prevention & Control of Pollution) Act 1981 as amended.
Compliance Status of both industries regarding Hon'ble NGT order dated 05.08.2022 in reference of 33% of Plantation on which unit is established
18. Details of 1. Area of Industries Plantation (a) Sugar Unit : 66920.80 sqm.
(b) Distillery Unit : 25368.40 sqm.
(c) Total Area of both Industries :
136026.50 sqm.
2. (a) Total Green Area : 43737.30 sqm. (Site Plan with Green Area marked is attached as Annexure-21.
As both sugar and distillery units have total area 136026.50 sqm. and total green area 43737.30 sqm. which is Approx. 33% as mentioned in Water 20 and Air Consent Orders. Hence, both the units are complying in reference of 33% of Plantation on which units are established.
It is recommended that units shall ensure to develop green belt near/around the most dust prone areas in the premises i.e. truck movement area, bagasse yard and distillery unit boundary wall towards the road side etc. For the same directions is being issued by Regional Office vide office letter no. 958/OA-141/Manish Jain/Shamli/2022dated 28.10.2022 to industry (Annexure-22).
Observations:
1. Industry found non-operational due to non-availability of Fuel (Bagasse).
2. Industry complying in reference of 33% of plantation on which industry is established. Unit didn't develop green belt near/around the most dust prone areas in the premises i.e. truck movement area, bagasse yard and distillery unit boundary wall towards the road side etc.
3. Industry didn't submit the details of slop ash generation and disposal.
4. Show cause notice against the industry is effective for the violation of ZLD conditions.
Recommendations/Conclusion :
1. The unit shall ensure to maintain ZLD as per the charter notified by CPCB.
2. Unit shall ensure to develop green belt near/around the most dust prone areas in the premises i.e. truck movement area, bagasse yard and distillery unit boundary wall towards the road side etc.
3. Industry shall ensure to comply the directions of UPPCB, Head Office, Lucknow regarding imposition of Environmental Compensation and others in reference of Regional Office letter dated 14.10.2022.
4. Industry shall ensure to submit the details of slop ash generation and disposal.21
14. These responses and inspection Reports were considered by Tribunal on 04.11.2022. Tribunal observed that in reply of respondent 2, it has been mentioned that height of boundary wall at the bagasse storage yard public area is not enough and needs to be increased (by 3 meters), and unit shall ensure safe transportation and storage of bagasse and fly ash to avoid any fugitive emission of bagasse dust particles. Furthermore, respondent 2 stated that Joint Committee has not conducted any noise monitoring within industrial premises and surrounding areas. Distillery unit has an anaerobic reactor in its Condensate Polishing Unit (hereinafter referred to as 'CPC') and the same will generate biogas (methane, hydrosulfite, etc.), therefore, biogas produced was required to be properly stored and utilized, and in case, biogas is not sufficient to be used as fuel, it should be burnt through a flare system for cleaner emission. Respondent 2 also referred to Joint Committee Report, stating that there are 230 workers/staff residing within the premises and 813 workers attending the mill per day, but the sugar mill does not have any STP for the treatment of sewage generated daily from the residential colony and the sugar mill. This indicates that domestic wastewater is being discharged into a local drain without treatment by the sugar mill, violating conditions of Consent to Operate (hereinafter referred to as 'CTO') issued by UPPCB.
15. Tribunal also noticed in para 8 of the order that as per Joint Committee Report, fly ash generated is being disposed of by respondent 5 through local vendors, but no record regarding specific area where fly ash disposed of was disclosed and respondent 6 also did not submit details regarding the generation and disposal of slop ash. Respondent 5 was advised to ensure dense plantation along with the boundary wall with a three-fold green cover at the boundary and an automatic water sprinkling system to mitigate fugitive emission due to high wind. Respondent 6 was 22 also advised to develop a greenbelt near/around the most dust-prone areas in the premises, i.e., the truck movement area, Bagas yard, and the distillery unit boundary wall towards the roadside, etc.
16. In the light of above observations, respondents 5 and 6 were granted time to file their additional reply.
17. Consequently, respondents 5 and 6 filed their additional reply dated 01.12.2022, stating that sugar unit named 'Upper Doab Sugar Mill' was established in 1933 in village Shamli. Later on, in 1945, the company established a Distillery Unit called 'Shamli Distillery and Chemical Works' within the premises of the sugar unit. In 1933, there was no residential accommodation around or near the industrial unit, and the surrounding areas were used for agricultural purposes. In 1982, name of respondent 6 was changed from 'Upper Doab Sugar Mills' to 'M/s Sir Shadi Lal Enterprises Ltd.', and it owns both the units, namely distillery unit and sugar unit. With regard to height of the boundary wall, respondents 5 and 6 stated as under:
"4. With regard to height, it is submitted that:
4.1 The dumping yard of fly-ash is within the boundary wall having height about 12 ft., which is as per the recommendations of committee deputed by Pollution Control Board as constituted under the directions of this Hon'ble Court. However, if the directions of the Joint Committee Report dt. 01.07.2022 for raising the height of the boundary wall by 3 meters are to be complied with, then after raising the height from 12 ft., it would be 21.10 ft. Copy of the letter dt. 20.06.2022 received from the Joint Committee constituted by the UPPCB is annexed as Annexure - R-5/6. {Pg.43-44} 4.2 the height of Chimney of the Distillery Unit is 72 m, which is as per the UPPCB and PCB requirements/norms.
4.3 the height of the sugar boilers is 35 m, which height depends on the capacity of the boiler and is as per the UPPCB and PCB requirements/ norms."23
18. With regard to dumping of fly ash, reply given by respondents 5 and 6 is as under:
"5. That with regard to the dumping of the Fly ash, it is submitted that:
5.1 the contracts for transportation of fly-ash providing directions for dumping of the fly-ash at dumping yard, for which Respondent No. 6 pays Rs. 1,21,000/-(Rupees one lakh twenty one thousand) per month and Rs. 75,0001- (Rupees seventy five thousand) per month to the Contractors respectively for taking proper precautions. Copies of the said contracts dt.9.10.2022 and 27.10.2022 are annexed as Annexure R-5/7 & R-5/8 5.2 during transportation of the fly ash from industry to dumping yard, all the trollies are fully covered by alkathene sheet/Tarpaulin and as such, there is no possibility of it spreading during the transportation. Photographs of the covered trollies are annexed as Annexure R-5/9.
5.3 after dumping the fly ash in the dumping yard, water is sprinkled where ash is dumped to avoid spreading in the air. Photographs of the water sprinkler on fly ash is annexed as Annexure R-5/10 5.4 with regard to final dumping of fly ash from the dumping yard, local farmers and other persons who require the ash for filling their uneven land(s), ditches for construction of road, etc. pick the fly ash from the dumping yard by submitting applications after complying with conditions and/ or directions provided by Respondent No. 6. Some of such applications submitted by farmers are annexed as Annexure R-5/11."
19. With regard to generation and disposal of slop ash, reply of respondents 5 and 6 is as under:
"6. With regard to generation and disposal of slop ash, it is submitted that:
6.1 A unit of Respondent No.6 - Shamli Distillery & Chemical Works has installed slope fired boiler as per directions and norms of UPPCB & CPCB. It is submitted that there is no discharge from the slop fired boiler. The height of the Chimney of slop fired boiler is 72 meter as per parameter/ requirement of Pollution Board. Copy of layout of slope fire boiler is annexed as Annexure R-5/12 6.2 the slop ash of incineration boiler is sold to the contractor - M/s.
Ganpati Enterprises, Vishvakarma Nagar, Budhana Road, Shamli, who lift the same and whereafter, it is finally disposed 24 off. Copy of the Sale Order dt.29.06.2022 between M/s.Ganpati Enterprises and Unit of Respondent No.6 - Shamli Distillery & Chemical Works (which is valid till 30.06.2023) is annexed as Annexure R-5 / 13."
20. With regard to minimum 33 percent coverage of land with plantation of suitable species, reply of respondents 5 and 6 reads as under:
"7. With regard to minimum 33 percent coverage of land with plantation of suitable species, it is submitted that:
7.1 Respondent Nos. 5 & 6 have planted number of trees/ plants of different species with the help of the State Govt., Forest Deptt.
and have also purchased different species of trees/ plants for prevention and protection of the Environment. Respondent Nos. 5 &6 have also planted number of trees/ plants ofdifferent species in nearby villages for healthy environment. Copies of purchase invoices of trees/plants and expenses alongwith list of different species of trees/ plants and expenses incurred on planting and other relevant documents are annexed as Annexure R-5/14.
7.2 the photographs indicating the green belt where the different species of trees/ plants are planted, which was done during the last rainy season under the project "MIYAWAKI" as per directions of the U.P. Pollution Control Board are annexed as Annexure R- 5/15."
21. With regard to noise pollution, reply of respondents 5 and 6 reads as under:
"8.1 during the operation of the Respondent Nos. 5 & 6 units, there is no Noise Pollution as the management of the Respondent Nos. 5 & 6 take precaution in this regard for the welfare of residents.
8.2 the Respondent Nos. 5 & 6 has never stopped any Govt. Authorities to carry out Noise Pollution tests. In fact, the Respondent Nos. 5 & 6 carries out a Noise Pollution test from time to time by the Govt. Approved testing laboratories. Copy of the Noise Monitoring Report which carried out by Consultants & Laboratories, Ghaziabad, NABA Approved Lab is annexed as Annexure R-5/16."25
22. With regard to Sewage Treatment Plant (hereinafter referred to as 'STP'), reply of respondents 5 and 6 reads as under:
"9.1 as per direction(s) of the UPPCB & CPCB, the Respondent Nos. 5 & 6 have installed Sewage Treatment Plant (STP) in the premises, the Respondent No. 6 vide purchase order dt.27.07.2022 purchased 100 KLD complete Sewage Treatment Plant. Copy of the purchase order dt. 27.07.2022 is annexed as Annexure R- 5/17.
9.2 the said STP is presently in operation at the premises. Photographs of the Sewage Treatment plant are annexed as Annexure R-5/18.
9.3 A Unit of Respondent No.6 - Shamli Distillery &Chemical Works is a member of M/s. Bharat Oil and Waste Management Ltd., who deals in petroleum re-filling, hazardous waste management and incineration, refiners and manufacturer of Industrial lubricant oils, for controlling the hazardous waste. Copy of Membership Certificate issued by M/s. Bharat Oil and Waste Management Ltd. is annexed as Annexure R-5/ 19."
23. With regard to Boilers, reply reads as under:
"10.1 The Respondent No. 5 has air consent order dt.30.01 .2022 from the UPPCB for emission of air pollutants from the plant, which is valid up to 31.12.2023 alongwith specification of the Boiler. Copy of the said Air Consent Order dated 30.01.2022 as annexed as Annexure R-5/20.
10.2 The respondent No. 5 has obtained certificates for use of boiler by the Labour Department, Uttar Pradesh. Copies of the said Certificates which are valid upto 11.10.2023 are annexed as Annexure R-5/ 21.
10.3 The lay-out of all the Boilers of Respondent No. 5 is annexed as Annexure R-5/ 22 10.4 A Unit of Respondent No.6 - Shamli Distillery &Chemical Works has obtained certificate for use of boiler by the U.P. Boiler Inspection Deptt. Dy. Director of Boilers U.P. Kanpur. Copy of the said Certificate dt. 01.10.2022 between U.P. Boiler Inspection Deptt. and a Unit of Respondent No.6 - Shamli Distillery & Chemical Works is annexed as Annexure R-5/ 23."
24. With regard to Treatment of Effluent i.e., functioning of ETP, reply reads as under:
26"11.1 Effluent Treatment Plant for Respondent No. 5/Sugar unit, it is submitted that the same is functioning and the flow chart in respect thereof is annexed as Annexure R-S/14.
11.2 With regard to the storage and burning of biogas generated by the Distillery unit's anaerobic reactor in its Condensate Polishing Unit for Distillery Unit, it is submitted that the Respondent No. 6 has made arrangements to store and burn the biogas generated through flare system. Photographs indicating the storage alongwith burning process and CPU flowchart are annexed as Annexure R-5/E."
25. The above reply was considered by Tribunal on 02.12.2022 and it required UPPCB to verify facts stated in the additional reply.
26. Consequently, an inspection Report dated 13.01.2023 was filed by e-mail on 14.01.2023 by UPPCB in verification of the facts stated by respondents 5 and 6 and the contents of the said Report regarding both units, relevant for present purpose, are as follows:
"3.0 INSPECTION OF M/s UPPER DOAB SUGAR MILLS, SHAMLI, UP BY UPPCB In compliance to said orders of the Hon'ble NGT dated 02.12.2022, intimation letter was sent to Mr. Manish Jain through E-mail dated 03.01.2023 for joining the visit of industries on dated 06.01.2023 for verification of consent conditions and environmental norms (Annexure-1).
Officers of Regional Office UPPCB Muzaffarnagar and Mr. Manish Jain visited the industries - (i) M/s Shamli Distillery & Chemical Works (Distillery Unit), Shamli, UP & (ii) M/s Upper Doab Sugar Mills (Sugar Unit), Shamli, UP & its surrounding areas on 06.01.2023.
The Sugar Unit i.e. M/s Upper Doab Sugar Mills, Shamli, UP was found operational during the visit. Details are as follows :
Details about M/s Upper Doab Sugar Mills, Shamli, UP:
1. Date of Inspection: 06.01.2023
2. Name of the unit with complete M/ s Upper Doab Sugar Mills, postal address Shamli (A Unit of Sir ShadiLal Enterprises Ltd, Shamli-
247776, Uttar Pradesh)
3. Spatial Co-ordinates Latitude -29°26'32.57"N Latitude and longitude (in Longitude-77°18'51.15"E 27 Decimal format only)
4. Standalone/ integrated (with Sugar Unit co- generation) Sugar/ sugar refinery
5. Year of commissioning 1933
6. License capacity of sugar Mill 6250 TCD (TCD)
7. Average actual crush rate (TCD) Avg. 4695 TCD in the Month of Nov. 2022 and Dec 2022.
8. Consent status & its Validity with date 1- Air Consent a) Air Consent valid up to 31.12.2023 (Annexure-2).
2- Water consent b) Water consent valid up to 31.12.2023 (Annexure-3).
C. Hazardous Waste c) The Hazardous
Authorization Waste
Authorization is valid
upto 26.07.2023
(Annexure-4).
9. NOC from UPGWD& its Validity The unit has NOC from Ground
with date (Expired/Applied for Water Department for all 5
renewal/First time tubewells are valid upto
applied/Never applied) 15.08.2026 (Annexure-5).
10. Started crushing in season 01.11.2022
2022-23
Stopped crushing in last season 16.05.2022 (As per RT-8C)
2021- 22
11. Operational status during visit Operational
12. Name of contact person Designation
Sh. Vinay Sharma Manager (EHS)
Information pertaining to Water Pollution
13. Sources of fresh water a. Bore well Total Bore wells are 05 no.
b. Flow meter Installation at Yes
wells
c. Any Logbook maintained Yes
14. NOC from UPGWD & its The unit has NOC from Ground
Validity with date Water Department for all 5
(Expired/Applied for tubewells are valid upto
renewal/First time 15.08.2026 (Annexure-6).
applied/Never applied)
15. Fresh water consumption
28
(KLD)
a. Sugar plant From Nov. 2022 to Dec. 2022
b. Residential etc. Avg Dom. Water consumption is
c. Total fresh water 128 KL/Day Industrial water
Consumption (m /hr)
3 consumption is 764 KL/Day
d. Log book maintained (Yes/ Yes
No) If any, details to be
collected
16. Waste water (effluent
generation (KLD)
a. Industrial 764 KLD (Approx.)
b. Domestic 91KLD (Approx.)
c. Total Effluent Generation 855KLD (Approx.)
17. Schematic diagram of ETP Receiving Tank> Oil Separator
>Rori bed Filter> Chemical
dosing tank> Zigzag pits>
Aeration tank> Secondary
clarifier> Dual media filters >
Final treated effluent.
Treatment capacity of ETP 1600 KLD
(KLD)
18. Storage of treated Effluent
a. No. & size of lagoons No. of lagoon= 01,
Size= 19000 m3 (as reported by
Unit)
b. Retention time 15 days as per sugar charter
c. Mode of disposal (route to Treated effluent is given to reach nearby farmers through pipeline Ganga) and used for irrigation.
19. Sludge Handling Process:
a. Sludge Drying Process 06 no. sludge drying bed available for drying process b. Final Disposal of Sludge Sludge after drying is used as manure for green belt.
c. Whether mechanical sludge Filter press is not installed handling system installed Information pertaining to Air Pollution
20. Source of Air Pollution Boiler 1- 38 TPH (01 No.) 2- 25 TPH (02 Nos.) 3- 25 TPH (01 No.) 4- 25 TPH (01 No.)
21. Details of fuel and its Bagasse 1500 MT/Day consumption 29
22. Details of Air Pollution Control 1. Wet Scrubber with 35 M. high Systems and Stack detail stack from ground level
2. We Scrubber with 35 M. high common stack from ground level
3. Wet Scrubber with 35 M. high stack from ground level
1. 4. Wet Scrubber with 35 M. high stack from ground level
23. Status of APCS Operational
24. Quality of emission being emitted Stack monitoring done at the through stack time of inspection. All the stacks emission found within the prescribed norms as per the E.P. Act 1986. Analysis reports attached as Annexure-
7.25. Any Hazardous Substances Yes, (Yes/No), if yes, give details. Way of Disposal: lubricant/ (Quantity & way of Disposal) used oil is mixed with bagasse & burnt in boiler and partly used for lubrication in hand trollies, gear, elevators, bailing M/c etc. Compliance Status of industry regarding Hon'ble NGT order dated 02.12.2022 in reference of Consent Terms & Conditions :
Water Consent conditions compliance status Unit have valid water consent upto dated 31.12.2023 issued by Board vide Ref. No. 139500/UPPCB/Circle-3(UPPCBHO)/CTO/Water/ Shamli/2021 dated 04.03.2022. Compliance status of conditions imposed in consent order are as follows :
S.No Consent Conditions Compliance Status Remarks
1. This consent is valid for the Complying; unit avg.
approved production capacity cane crushed from Nov. of SUGAR FROM SUGAR 2022 to Dec. 2022 is CANECRUSHING CAPACITY- 4695TCD. 6250 TCD.
2. This consent is valid only for Complying products and quantity mentioned above. Industry shall obtain prior approval before making any modification in product/ 30 process /fuel/ plant machinery failing which consent would be deemed void
3. The quantity of maximum In compliance of During visit on daily effluent discharge Hon'ble NGT order dated should not be more than the dated 05.08.2022, in 06.01.2023, following: reference of the sample of STP at Domestic: 150 KLPD Treated recommendation outlet was through Septic tank, made by joint collected and Industrial: 1500 KLPD committee, industry analyzed in Treated through ETP has installed 100 KLD Regional capacity Sewage Laboratory treatment Plant which UPPCB, was found Muzaffarnagar.
operational during As per the
visit. analysis report,
During visit industry all the
was found complying parameters
with the maximum were found
discharge quantity as within the
per the consent. prescribed
norms.
4. Arrangement should be During visit on
made for collection of water 06.01.2023,
used in process and sample of ETP
domestic effluent and STP outlet
separately in closed water was collected
supply system. The treated and analyzed in
domestic and industrial Regional
effluent if discharged Laboratory
outside the premises, if UPPCB,
meets at the end of final Muzaffarnagar.
discharge point, As per the
arrangement should be analysis report,
made for measurement of all the
effluent and for collecting its parameters
sample. Except the effluent found within the
informed in the application norms.
for consent no other effluent
should enter in the said
arrangements for collection
of effluent. It should also be
ensured that domestic
effluent should not be
discharged in storm water
drain.
4 (a)The domestic effluent 4(a) Complying
should be treated in the
31
treatment plant so that it
should be in conformity
with the norms of treated
effluent as stipulated in
E.P. Rules 1986 as
amended.
4(b) The industrial effluent 4(b) Complying
should be treated in
treatment plant so that the
treated effluent should be in
conformity with the
standard lay down under
the notification issued by
MOEF&CC vide its GO no
GSR 35 (E) dated
14/01/2016
4 (c) The industrial effluent 4(c) Complying
should be treated in
treatment plant so that the
treated effluent should be in
conformity with the
standard lay down under
the notification issued by
MOEF&CC vide its GO no
GSR 35 (E) dated
14/01/2016.
5. Effluent generated in all the Complying. All effluent
processes, bleed water, generated in process is
cooling effluent and the sent to ETP for
effluent generated from treatment.
washing of floor and
equipment's etc should be
treated before its disposal
with treated industrial
effluent so that it should be
according to the norms
prescribed under The
Environment (Protection)
Rules, 1986 or otherwise
mandatory.
6. The method for collecting Complying
industrial and domestic
effluent and its analysis
should be as per legal
Indian standards and its
subsequent amendments/
32
standards prescribed under
the Environment (Protection)
Act, 1986.
7. The industry shall establish Complying
the cooling arrangement
and polishing tank for
recycling the excess
condensate water to
process or utilities or allied
units.
8. Effluent Treatment Plant to Complying. Unit had
be stabilized one month operated ETP one
prior to the start of the month before the
crushing season and commencement of
continue to operate one industry so that ETP
month after the crushing may be stabilized
season.
9. During no demand period Complying. Unit has a
for irrigation, the treated pond for storage of
effluent to be stored in a treated effluent with 15
seepage proof lined pond days holding capacity.
having 15 days holding
capacity only.
10. The industry shall Complying
implement treated effluent
flow distribution
measurement for irrigation
purposes completely in
accordance with irrigation
plan.
11. The impact of treated During visit direction
effluent application on land given to industry
is to be included further in representative for
E.I.A. studies, involving complying the direction.
ground water monitoring
point identified in close
proximity to the unit.
12. The industry will have to Complying
ensure compliance of the
permission from the CGWA
before ground water
extraction and it will be the
responsibility of the
industry to comply with the
various conditions of the
permission taken.
13. The industry shall submit Environmental
Environmental Statement in Statement for the year
2021-22 submitted.
33
prescribed form V rule
no.14 of E.P Rules 1986.
14. The industry shall comply In compliance of
with various provisions of Hon'ble NGT order
Air (Prevention and Control dated 05.08.2022,
of Pollution) Act 1981 as detailed status of green
amended, Water belt has already been
(Prevention and Control of submitted to Hon'ble
Pollution) Act 1974 as NGT by UPPCB vide it's
amended and all other compliance report
applicable rules notified dated 02.11.2022.
under E.P. Act1986. During visit industry Minimum 33% of the land was found complying on which unit is established regarding the will be covered and development of Green properly maintained by the Belt. plantation of tall trees of suitable species as per the guidelines set up by the Board vide its Office Order no.H-16405/220/2018/02 dt.16/02/2018. The copy of this guideline is available at URL http://www.uppcb.com/p df/Green-Belt-
Guidle_160218.pdf.
15. The industry will ensure the Complying continuous and uninterrupted data supply from the OCEEMS to the CPCB and SPCB.
16. Flow meter to be installed in Complying all water abstraction points and usage of fresh water to be minimized. The unit will ensure facility to transmit data to CPCB server and submit a regular calibration certificate of Electro Magnetic Flow meter to the Board.
17. If closure order is issued by Not applicable CPCB or UPPCB against the unit, then CTO issued earlier will remain suspended during the closure period and after ensuring the compliance 34 and after revocation of closure order, the CTO will automatically be effective with additional conditions mentioned in the closure revocation order.
18. Industry shall abide by the Complying directions given by Hon'ble Court, Central Pollution Control Board and UPPCB for protection and safeguard of environment from time to time.
19. The Unit will file the Presently, not renewal application at least applicable. 2 months prior to the expiry of this Order.
Specific Conditions :
S. Consent Conditions Compliance Status Remarks No. 1 This CTO is valid for production Complying; unit avg. cane SUGAR FROM SUGAR CANE crushed from Nov. 2022 to CRUSHING CAPACITY-6250 TCD. Dec. 2022 is 4695 TCD. 2 The industry will submit the The unit has NOC from permission from the SGWA (State Ground Water Department Ground Water Authority) within for all 5 tubewells are 03 month, failing which consent valid upto 15.08.2026.
shall be deemed automatically cancelled.
3 The industry shall establish Complying. Industry has Miyawaki forest inside the factory established Miyawaki in sufficient area the treated forest with approx2500- effluent from the ETP shall be 3000 tress. used for forestation.
4 Unit must install STP for treatment Industry has installed 100
of domestic effluent and submit KLD capacity Sewage
compliance in the Board within a treatment Plant which
Month. was found operational
during visit.
5 Unit shall abide by directions Not Applicable
given by Commission for Air
Quality Management in National
Capital Region and Adjoining
Areas.
35
6 This CTO shall be subject to the Complying
order to be passed in OA No.
301/2021 Satyapal Malik VsU.P.
Government by Hon'ble NGT.
7 The unit shall maintain strict Complying
supervision upon fluctuations in operating parameters with respect to each treatment unit of the Effluent treatment plant.
8 The E.T.P. unit operation line up Complying Strengthening is to be maintained. 9 The Unit shall install Piezometer Piezometer installed. Unit for measurement of ground water may be directed to submit level and the data generated from piezometer reports on Piezometer will be provided to the monthly basis SPCB on monthly basis.
10 Flow meter to be installed in all Complying water abstraction points and usage of fresh water to be minimized.
11 During no demand period for Complying irrigation, the treated effluent to be stored in a seepage proof lined pond having 15 days holding capacity only 12 The unit shall submit the audited Complying balance sheet for the current year and the details of fees deposited during last three years within a month.
13 The industry shall implement Complying treated effluent flow distribution measurement for irrigation purposes completely in accordance with irrigation plan. 14 Industry shall abide by orders / Complying directions issued by Hon'ble Supreme court Hon'ble High Court, Hon'ble National Green tribunal, Central Pollution Control Board and U.P Pollution Control Board for protection and safe guard of environment from time to time.
3615 Industry shall comply with Complying various provisions of Water (Prevention and Control of Pollution) Act 1974 as amended and all other applicable rules notified under E.P. Act 1986.
16 If UPPCB or CPCB issues closure Presently not applicable.
order against the industry, this consent shall remain suspended for the period till closure order is revoked, after which the consent will be effective again for the remaining period.
17 Minimum 33% of the land on In compliance of Hon'ble which industry is established will NGT order dated be covered by the plantation of tall 05.08.2022, detailed trees of suitable species as per the status of green belt has guidelines set up by the Board already been submitted to vide its Office Order Hon'ble NGT by UPPCB no.H16405/220/2018/02 dt. vide it's compliance report 16/02/2018. The copy of this dated 02.11.2022. During guideline is available at URL visit industry was found http://www.uppcb.com/pdf/Gre complying regarding the en-Belt-Guidle_160218.pdf. development of Green Belt.
18 The unit shall comply with the Complying provisions of notification No. S.O. 3187(E) dated 07-10-2016 of Ministry of Water Resources, River Development and Ganga Conservation, GOI.
19 The discharge norms must confirm Complying as per the notification no G.S.R. 35 (E) dated: 15.01.2016 of MoEF&CC.
20 Unit shall comply with the During visit directions directions issued by Central given to industry Pollution Control Board, New Delhi representative for vide letter-B- submission of compliance 190198/WQM/II(RG)/CPCB/ report. Sugar/12/2016-17/16662, dated 14/19.02.2019, and send the compliance report to Board on quarterly basis.
21 Unit shall identify recipient During visit directions drains/ rivulets and their u/s & given to industry d/s location in consultation with representative for UPPCB and shall carry out compliance of direction. monthly monitoring of identified 37 recipient drains at u/s & d/s location through lab recognized under Environment (Protection) Act, 1986 and shall submit the analysis report on monthly basis by 10th of every month to CPCB and UPPCB.
22 Unit shall maintain pipe line from Complying outlet of ETP and to the point of irrigation land. No treated effluent shall be discharge outside the factory premises.
23 Unit shall ensure the installation Complying and connectivity of the installed online effluent monitoring system to the servers of CPCB and UPPCB.
24 Unit shall provide Pakka channel/ Complying pipe line for irrigation and shall maintain the records of ground water extracted and treated effluent used for irrigation on land.
25 Unit shall comply the provisions of Complying Water (Prevention and Control of Pollution) Act 1974 as Amended, Air (Prevention and Control of Pollution) Act 1981 as Amended and Environment (Protection) Act 1986, and direction issued by Hon'ble National Green Tribunal, New Delhi in Order dated 13.07.2017 in OA no. 200/2014, M.C. Mehta v/s Union of India.
26 Unit shall submit treated effluent Complying monitoring report of the ETP and ground water quality of premises as well as of the irrigated area done by MoEF& CC/UPPCB approved laboratory in every 3 months.
27 This Consent order shall Presently not applicable.
automatically become invalid on issuance of Closure Order by C.P.C.B/ UPPCB and further on Revoking of Closure order, the Consent order shall become valid.
3828 The industry shall also explore During visit directions treated effluent re-cycle given to industry mechanism in furtherance to the representative for application of treated effluent on compliance of direction. land as a significant alternative mode of re-cycle. This step shall in turn reduce hydraulic loading of effluent discharge as well as shall eliminate extraneous treated effluent discharge possibility elsewhere.
29 The industry shall submit Complying
Environmental Statement in
prescribed form V rule no.14 of E.P Rules 1986.
30 This consent is valid only for Complying products and quantity mentioned above. Industry shall obtain prior approval before making any modification in product/process/fuel/ plant machinery failing which consent would be deemed void.
31 Industry shall install at sufficient During visit directions height from the ground level Open given to industry to Network HD PTZ rotation representative for Camera at the Inlet, Aeration compliance of direction. tank, Secondary Clarifier and outlet of Effluent treatment plants for On Line Monitoring and its URL and password shall be provided to the UPPCB control room.
Air Consent conditions compliance status Unit have valid air consent upto dated 31.12.2023 issued by Board vide Ref. No. 139450/UPPCB/Circle-3(UPPCBHO)/CTO/Air/Shamli/2021 dated 30.01.2022. Compliance status of conditions imposed in consent order are as follows :
S. Consent Conditions Compliance Status Remarks No.
1. This consent is valid for the Complying; unit avg.
approved production capacity of cane crushed from Nov.
cane crushing SUGAR FROM 2022 to Dec. 2022 is
SUGARCANE CRUSHING 4695 TCD.
CAPACITY-6250 TCD. .-
2. This consent is valid only for Complying
products and quantity
39
mentioned above. Industry shall obtain prior approval before making any modification in product/ process /fuel/ plant machinery failing which consent would be deemed void.-
3. The maximum rate of emission Complying Stack of flue gas should not be more monitoring than the emission norms for the done at stacks. the time of inspection.
All the
stacks
emission
found
within the
prescribed
norms as
per E.P.
Act 1986.
4. The industry should be operated Complying
in such a manner that it does not
adversely affect the
environment and the solid
waste generated such as ash
etc. is disposed in ecofriendly
manner.
5. Any source of emission other Complying
than that mentioned in the Air
consent seeking application will not be permitted by the Board.
6. The industry should ensure the Complying operation of the air pollution control system (APCS) in such a manner that the air emission confirms with the standards prescribed under the E.P Act 1986 as amended.
7. The industry shall submit Complying Environmental Statement in prescribed format as per rule no.14 as per E.PRules1986.
8. The industry shall abide by Complying orders / directions issued by Hon'ble Supreme court Hon'ble High Court, Hon'ble National Green tribunal, Central Pollution Control Board and U.P Pollution Control Board for protection and 40 safeguard of environment from time to time.
9. Industry shall submit monthly During visit directions monitoring reports of all stacks given to industry and ambient air quality from representative for a certified /approved laboratory compliance of direction. under E.P. Act 1986.
10. The industry shall comply with Complying various provisions of Air (Prevention and Control of Pollution) Act1981 as amended, Water (Prevention and Control of Pollution) Act 1974 as amended and all other applicable rules notified under E.P. Act1986.
11. The industry will ensure the Complying. OCEEMS continuous and uninterrupted was found operational data supply from the OCEEMS during visit. Data is been to the CPCB and SPCB. provided to CPCB and UPPCB servers.
12. The unit shall submit audited Complying balance sheet for the current year and the details of fees deposited during last three years within a month failing which consent would be deemed void.
13. The use of Pet coke and Furnace Complying oil as a fuel in the factory is restricted in compliance of the Hon'ble Supreme court order.
14. The Industry will use minimum Complying. Industry 20% Bio Briquette as fuel in the found using bagasse as Boiler depending upon it fuel in the boiler. availability
15. The industry shall obtain prior Complying consents in the event of any addition of new emission generation sources such as Boiler/ Furnace/ Heaters/ D.G. Sets or alteration of existing emission sources in accordance with section- 21/22 of air Act 1981 (as amended respectively).
16. Minimum 33% of the land on In compliance of Hon'ble which industry is established NGT order dated will be covered and properly 05.08.2022, detailed maintained by the plantation of status of green belt has tall trees of suitable species as already been submitted 41 per the guidelines set up by the to Hon'ble NGT by Board vide its Office Order UPPCB vide it's no.H16405/220/2018/02 dt. compliance report dated 16/02/2018. The copy of this 02.11.2022. During visit guideline is available at URL industry was found http://www. uppcb. complying regarding the com/pdf/GreenBelt- development of Green idle_160218.pdf. Belt.
17. Minimum 33% of the land on Not applicable which industry is established will be covered and properly maintained by the plantation of tall trees of suitable species as per the guidelines set up by the Board vide its Office Order no.H16405/220/2018/02 dt.
16/02/2018. The copy of this guideline is available at URL http://www. uppcb.
com/pdf/GreenBelt-
idle_160218.pdf .
18. Industry shall abide by the Complying directions given by Hon'ble Court, Central Pollution Control Board and UPPCB for protection and safe guard of environment from time to time.
Specific Conditions:
S. Consent Conditions Compliance Status Remarks No.
1. This CTO is valid for production Complying; unit avg.
SUGAR FROM SUGAR CANE cane crushed from Nov. CRUSHING CAPACITY-6250TCD. 2022 to Dec. 2022 is 4695 TCD.
2. The industry should be operated Complying in such a manner that it does not adversely affect the environment and the solid waste generated such as ash etc. is disposed in ecofriendly manner.
3. Unit shall abide by directions Partially Complying.
given by Commission for Air Directions may be Quality Management in National issued to the industry Capital Region and Adjoining Areas.
424. This CTO shall be subject to the Complying order to be passed in OA No. 301/2021 Satyapal Malik Vs U.P. Government by Hon'ble NGT.
5. The industry shall obtain prior Complying consents in the event of any addition of new emission generation sources such as-
Boiler/ Furnace/ Heaters/ D.G. Sets or alteration of existing emission sources in accordance with section- 21/22 of air Act 1981 (as amended respectively).
6. Any source of emission other Complying than that mentioned in the Air consent seeking application will not be permitted by the Board.
7. The industry should follow the Complying directions issued by the Ministry of Environment Forest and Climate Change; Delhi vide Notification no. GSR 35(E) dated 14/01/2016.
8. The industry should ensure the Complying. Emission operation of the air pollution monitoring from all the control system (APCS) in such a sources was conducted manner that the air emission during the visit by confirms with the standards UPPCB and parameters prescribed under the E.P Act have been found to be 1986 as amended. within limit as per EP Act 1986
9. The industry shall submit Complying Environmental Statement in prescribed format as per rule no.14 as per E.P Rules 1986.
10. This consent is valid only for Complying products and quantity mentioned above. Industry shall obtain prior approval before making any modification in product/ process /fuel/ plant machinery failing which consent would be deemed void.
11. The industry shall abide by Complying orders / directions issued by Hon'ble Supreme court Hon'ble High Court, Hon'ble National Green tribunal, Central Pollution Control Board and U.P Pollution 43 Control Board for protection and safe guard of environment from time to time.
12. The industry shall comply with Complying various provisions of Air (Prevention and Control of Pollution) Act 1981 as amended and all other applicable rules notified under E.P. Act 1986.
13. The unit shall submit the point Complying wise compliance report of the previous CTO issued by the Board and the audited balance sheet for the current year and the details of fees deposited during last three years within a month failing which consent would be deemed void.
14. The use of Pet coke and Furnace Complying oil as a fuel in the factory is restricted in compliance of the Hon'ble Supreme court order.
15. Industry shall submit emission Complying monitoring reports of all stacks and ambient air quality from MOEF&CC/UPPCB accredited Laboratory on quarterly basis to the Board.
16. The unit shall submit the audited Complying balance sheet for the current year and the details of fees deposited during last three years within a month.
17. This Consent order shall Presently not applicable.
automatically become invalid on issuance of Closure Order by C.P.C.B /UPPCB and further on revoking of Closure order, the Consent order shall become valid.
18. In compliance with the Hon'ble Complying Supreme Court order passed in W.P. (civil) No. 13029/1985M.C. Mehta Vs. Union of India and ors.
the use of Pet coke and furnace oil is prohibited.
19. Unit shall ensure the installation Complying. CEMS was and connectivity of Online found to be operational Emission Monitoring System at during the visit.
44the stack of air polluting sources and ensure the connectivity with the servers of CPCB and UPPCB.
20. Unit shall use Bio-briquette as co- Complying. Industry fuel with main fuel in the ratio of found using bagasse as minimum 20 percent in boiler fuel in the boiler. subject to its availability.
21. Fly ash shall be stored Complying separately as per CPCB guidelines so that it should not adversely affect the air quality, becoming air borne by wind or water regime during rainy season by flowing along with storm water. Direct exposure of workers to fly ash & dust shall be avoided.
22. Unit shall comply the provisions Complying of Water (Prevention and Control of Pollution) Act 1974 as Amended, Air (Prevention and Control of Pollution) Act 1981 as Amended and Environment (Protection) Act 1986, and direction issued by Hon'ble National Green Tribunal, New Delhi in Order dated 13.07.2017 in OA no. 200/2014, M.C. Mehta v/s Union of India.
23. Minimum 33% of the land on In compliance of Hon'ble which industry is established NGT order dated will be covered by the plantation 05.08.2022, detailed of tall trees of suitable species as status of green belt has per the guidelines set up by the already been submitted Board vide its Office to Hon'ble NGT by Orderno.H16405/220/2018/02 UPPCB vide it's dt.16/02/2018. The copy of this compliance report dated guideline is available at URL 02.11.2022. During visit http://www.uppcb.com/pdf/ industry was found Green-Belt-Guidle_160218.pdf . complying regarding the development of Green Belt.
Observations
1. During visit, particulate matters were found deposited in nearby areas of railway colony towards east direction at the aerial distance of approx. 175 meter from the unit.
452. During visit, all the wet scrubbers were found operational and the value of particulate matter in the OCEMS were found within the norms as per the E.P. Act 1986.
3. Industry has fly ash yard approx. 4.15 Acre. During visit fly ash yard found almost empty as industry sending regularly fly ash to local farmers for land filling and brick kilns for brick making. It was also found that ash yard having approx. 12 feet high boundary wall along with plantation. The plantation is required to be more dense to capture dispersion of fly ash around the areas. Also manual water sprinkling found at the time of inspection.
4. During visit, fly ash/bagasse was observed being transported through covered vehicles.
5. As per Analysis report of treated effluent collected from ETP and STP outlet, were found within the prescribed norms.
Recommendation
1. In compliance of direction no. 62 of Commission for Air Quality Management in Delhi-NCR, unit is using biomass but as per the analysis reports of Stacks, particulate matter was found more than 80 mg/Nm3 but within the prescribed norms as per EP Act 1986. Therefore, for complying with CAQM direction to bring down emission to 80mg/NM3, Unit may be directed to upgrade the APCS further.
2. Unit may be directed to submit piezometer reports to UPPCB on monthly basis.
3. Directions may be issued to Unit to comply with the directions issued by Central Pollution Control Board, New Delhi vide letter-B- 190198/WQM/II(RG)/CPCB/Sugar/12/2016-17/16662, dated 14/19.02.2019, and send the compliance report to Board on quarterly basis.
4. Directions may be issued to identify recipient drains/ rivulets and their u/s & d/s location in consultation with UPPCB and shall carry out monthly monitoring of identified recipient drains at u/s & d/s location through lab recognized under Environment (Protection) Act, 1986 and shall submit the analysis report on monthly basis by 10th of every month to CPCB and UPPCB.
5. Directions may be issued to the Industry to install at sufficient height from the ground level Open to Network HD PTZ rotation Camera at the Inlet, Aeration tank, Secondary Clarifier and outlet of Effluent treatment plants for On Line Monitoring and its URL and password shall be provided to the UPPCB control room.
46On the basis of above recommendations, directions have been issued along with specific timelines have been issued to industry vide this office letter no. 1362/C/U-7/Shamli/2023 dated 13.01.2023 (Annexure-8).
Past Violations
1. In compliance of Hon'ble NGT order dated 05.08.2022 in reference of recommendation made by joint committee on inspection date 31.03.2022, show cause notice has been issued u/s 33A of Water (Prevention & Control of Pollution) Act 1974 as amended along with Environmental Compensation of Rs. 30,000/- per day vide H.O. UPPCB, Lucknow letter No. H83587/C-3/Jal/262/2022 dated 01.11.2022 (Annexure-9). On the basis of industry representation dated 12.11.2022 and 03.01.2023, show cause notice has been revoked with imposition of Environmental Compensation Rs. 8,70,000/- vide H.O. letter dated 13.01.2023.
4.0 Details about M/s Shamli Distillery & Chemical Works, Shamli During visit, unit was found Non-operational due to the maintenance work. Details are as follows :
General information :
1. Name of the unit and M/s Shamll Distillery & Chemical Address Works, Shamli-247776, Uttar Pradesh
2. Spatial Co-ordinates (lat. Lat:29.450758 , Lon:77.315212 & long.)
3. Name of the Contact Sh. Vinay Sharma, Manager (EHS) person-
Designation
4. Year of Commissioning 1945
5. Sector Distillery
6. Production capacity 100 KLPD
7. Status of consents & Air Consent: valid up to 31-12-2023 Authorization (validity/ (Annexure-10) applied) Water Consent: Valid up to 31-12- 2023
(Annexure-11) HW Authorization: Valid up to 28-01- 2027 (Annexure-12)
8. Environmental display Yes board at the entrance gate (Yes/No) 47
9. Water Supply Source No. Bore wells 02 nos.
of bore wells Water About 700 KLD (as reported)
Consumption (KLD) (with
details of water meters Water meter installed Yes,
Installed) Logbook
maintained: (Y/N) Yes, valid upto 17.12.2026 for 02
UPGWD Permission Nos.
Obtained: (Y/N) Borewells(Annexure-13)
10. Waste water generation The spent-wash generation is about
(KLD) : 750 KLD (Average).
11. Details of ETP Plant Spent-wash being generated from
process, concentrated in MEE (2
Nos., one of 22 KL/Hr and another
one is 30 KL/Hr Capacity) and
the MEE Concentrate was being
sent to slope fired boiler. MEE
Condensate, Cooling tower blow
down and boiler blow down
treated in Condensate Polishing Unit (CPU). CPU comprises of mixing tank (1100 M3), Anaerobic Reactor (5200 M3), Lamella Clarifier (14 M3), Aeration Tank (3000 M3), Clarifier (170 M3), Holding Tank (1100 M3), R.O. Plant (59 M3/Hr).
12. Sources of Air Pollution 1. 14 TPH Bagasse fired boiler (Not (Boiler detail) in use)
2. 36 TPH Slope boiler Type of fuel/s used with Fuel used in Slope and Bagasse consumption and Stack 36 TPH details With APCD Fuel 180 MT/day- Slope, consumption 170 MT/day- Bagasse Stack height 72 Mt, 2.5 Mt dia.
& Diameter
APCD Bag filter
attached
13. Details of OCEMS The flow-meter installed at spent-
installation wash and MEE Concentrate line.
OCEMS (emission) for PM
emission monitoring from the
boiler. Stack and provided
connectivity to CPCB/ UPPCB.
14. Type & Quantity of waste Boiler ash:15 TPD
generated
15. Facility of Storage/Disposal Boiler ash: Being sold to potash
manufacturer
48
Compliance Status of industry regarding Hon'ble NGT order dated 02.12.2022 in reference of Consent Terms & Conditions :
Water Consent conditions compliance status:-
Unit have valid water consent upto dated 31.12.2023 issued by Board vide Ref. No. 148785/UPPCB/Circle-3(UPPCBHO)/CTO/Water/Shamli/ 2022 dated 30.01.2022. Compliance status of conditions imposed in consent order are as follows :
S. Consent Conditions Compliance Remarks
No. Status
1. This consent is valid only for the Complying approved production capacity of Rectified Spirit/ENA/Eth6anol-
100 KL/Day by using raw material C-Heavy Molasses-430 TPD OR Rectified Spirit/ENA/Ethanol- 100 KL/Day by using raw material B-Heavy Molasses-333 TPD OR Rectified Spirit/ENA/Ethanol-
100 KL/Day by using raw material Sugar Syrup-299 TPD and by Product FUSEL OIL 6.0 MT/ Month.
2. The quantity of maximum daily Complying; During effluent discharge should not be visit unit found more than the following: complying with ZLD norms.
3. Arrangement should be made Complying.
for collection of water used in Separate lines for process and domestic effluent treatment of separately in closed water domestic and supply system. It should be industrial effluent ensured that domestic effluent by STP and ETP should not be discharged in respectively. storm water drain
4. The domestic effluent should be Industry has treated in treatment plant so installed 100 KLD that the treated effluent should capacity Sewage be in conformity with the treatment Plant following norms. which was found operational during visit.
5. The other pollutant for which Complying norms have not been prescribed, the same should not be more than the norms prescribed for the water used in 49 manufacturing process of the industry.
6. The method for collecting Complying industrial and domestic effluent and its analysis should be as per legal Indian standards and its subsequent amendments/standards prescribed under the Environment (Protection) Act, 1986.
7. The industry shall not discharge Complying; During any trade effluent outside the visit unit found premises and Zero Liquid complying ZLD.
Discharge (ZLD) shall be
maintained all the time.
8. Molasses shall not be stored in Molasses stored in
kachcha pits. MS fabricated tank.
9. If UPPCB or CPCB issues closure Presently not
order against the industry, this applicable.
consent shall remain suspended
forthe period till closure order is revoked, after which the consent will be effective again for the remaining period.
10. The unit should be operated in Complying such a way so that there is no adverse impact on public and environment.
11. Unit must maintain on line Unit found connectivity of mass flow meters maintaining online at the inlet and outlet of MEE connectivity of and web cameras installed at mass flow meters at the final outlet, MEE and Bio the inlet and outlet Compost yard and connected of MEE and web with server of CPCB and cameras installed UPPCB. at the final outlet,
12. The unit shall ensure Complying deployment of qualified staff for self-monitoring mechanism on 24 X7 hours basis.
13. Volume of spent wash shall be Complying reduced to 40 % minimum and solid concentration shall be maintained minimum 30% at the outlet of MEE
14. Unit shall identify recipient During visit drains/rivulets and their directions given to upstream & downstream industry 50 locations in consultation with representative for UPPCB and shall carry out compliance of monthly monitoring of identified direction.
recipient drains at upstream & downstream location through recognized lab under Environment (Protection) Act, 1986 and shall submit the analysis report on monthly basis by 10th of every month to CPCB and UPPCB.
15. The storage facility provided for Complying spent wash shall be properly lined and made impermeable and the storage capacity at any stage shall not exceed 07 days equivalent of production in case of incineration boiler and 30 days equivalent of production in case of bio composting.
16. Industry shall submit Complying Environment Statement to this Board as per provision of Environment (Protection) amendment Rule, 1993 for the previous year ending 31st March on or before 30th September every year.
17. Industry shall ensure to send During visit monthly reports regarding spent directions given to wash storage and details of industry spent wash in each lagoon representative for constructed in industry. compliance of direction.
18. The Unit will file the renewal Presently not application at least 2 months applicable.
prior to the expiry of this Order
Specific Conditions
S. Consent Conditions Compliance Remarks
No. Status
1. This consent is valid for the Complying
production capacity of Rectified Spirit/ENA/Ethanol-100 KL/Day by using raw material C-Heavy Molasses-430 TPD OR Rectified Spirit/ENA/Ethanol-100 KL/Day by using raw material B-Heavy Molasses-333 TPD OR Rectified 51 Spirit/ENA/Ethanol-100 KL/Day by using raw material Sugar Syrup-299 TPD and by Product FUSEL OIL 6.0 MT/ Month.
2. The unit shall maintain strict Complying supervision upon fluctuations in operating parameters with respect to each treatment unit of the Effluent treatment plant.
3. Earlier Board has issued a CTO vide Industry has letter no- valid Water 133890/UPPCB/Circle3(UPPCBHO)/ consent upto CTO/water/SHAMLI/2021, dated- 31.12.2023. 18.08.2021 is revoked.
4. The industry shall submit the Complying permission from the State Ground Water Authority within 3 months failing which consent shall be deemed automatically cancelled.
5. This CTO shall be subject to the order Complying to be passed in O.A. No.- 301/2020 Satyapal Singh Versus State of U.P. by Hon'ble NGT.
6. Unit must install STP for treatment of Industry has domestic effluent and submit installed 100 compliance to the Board within one KLD capacity month. Sewage treatment Plant which found operational during visit.
7. The industry shall establish Complying Miyawaki forest inside the factory in sufficient area the treated effluent from the ETP shall be used for forestation.
8. The E.T.P. unit operation line up Complying Strengthening is to be maintained.
9. The Unit shall install Piezometer for Piezometer measurement of ground water level installed. and the data generated from Directions may Piezometer will be provided to the be issued to SPCB on monthly basis. submit data generated from piezometer on monthly basis
10. No effluent is allowed to discharge Complying outside factory premises.
5211. Flow meter to be installed in all water Flow meter abstraction points and usage of fresh installed. water to be minimized.
12. The industry will submit the Complying permission from the State Ground Water Authority within 03 month, failing which consent shall be deemed automatically cancelled.
13. The unit shall submit the audited Complying balance sheet for the current year and the details of fees deposited during last three years within a month.
14. Industry shall abide by orders / Complying directions issued by Hon'ble Supreme court Hon'ble High Court, Hon'ble National Green tribunal, Central Pollution Control Board and U.P Pollution Control Board for protection and safe guard of environment from time to time.
15. Industry shall comply with various Complying. provisions of Air (Prevention and Control of Pollution) Act1981 as amended, Water (Prevention and Control of Pollution) Act 1974 as amended and all other applicable rules notified under E.P. Act 1986.
16. If UPPCB or CPCB issues closure Presently not order against the industry, this applicable. consent shall remain suspended for the period till closure order is revoked, after which the consent will be effective again for the remaining period.
17. This consent is valid only for Zero Complying Liquid Discharge (ZLD).
18. This consent is valid for 365 days Complying operation of the industry of a year.
19. The Project Proponent shall submit During visit the validation report for 100 KLD directions given Rectified Spirit/ENA/Ethanol-100 to industry KL/Day production from any reputed representative Institute such as NSI, Kanpur/VSI, for compliance Pune or any other competent institute of direction. within 03 months after starting B- Heavy molasses-based operation. If the validation report carried out by any reputed institute is same as 53 claim made by the unit. The SPCB may further allowed to operate as per proposal of the unit.
20. The maximum storage capacity of the Complying lagoons is for 7 days holding capacity of the concentrated spent wash. Excess Capacity of storage lagoon shall be dismantled within 3 months and progress submitted to the Board.
21. Bio composting shall not be allowed. Complying Bio composting yard shall be dismantled within 06 months and progress submitted to the Board. All generate Slope shall be used in the Boiler mixed with bagasse as fuel.
22. Unit shall submit balance fee of Rs. Complying 50,000/- within 15 days in the Board.
23. Minimum 33% of the land on which In compliance industry is established will be of Hon'ble NGT covered by the plantation of tall trees order dated of suitable species as per the 05.08.2022, guidelines set up by the Board vide detailed status its Office of green belt Orderno.H16405/220/2018/02 dt. has already 16/02/2018. The copy of this been submitted guideline is available at to Hon'ble NGT URLhttp://www.uppcb.com/pdf/Gr by UPPCB vide een-Belt-Guidle_160218.pdf. it's compliance report dated 02.11.2022.
During visit
industry was
found
complying
regarding the
development of
Green Belt.
Air Consent conditions compliance status: -
Unit have valid air consent upto dated 31.12.2023 issued by Board vide Ref. No. 148770/UPPCB/Circle-3(UPPCBHO)/CTO/Air/Shamli/2022 dated 25.01.2022. Compliance status of conditions imposed in consent order are as follows:
S. Consent Conditions Compliance Remarks 54 No. Status
1. The details of Air pollution sources Complying and stacks attached with Boiler
2. The emissions by various stacks into During visit unit the environment should be as per the found non-
norms of the Board. operational due to maintenance work.
3. The equipment for air pollution Complying control system and monitoring, as proposed by the industry and approved by the Board should be installed in their premises itself
4. Industry shall dispose the Complying incineration boiler ash in such a manner so that there should not be any adverse impact on public health at large and on Soil, Water & Air environment.
5. The modification or installation in Complying the existing pollution control equipment shall be done only by prior approval of the Board.
6. The operation of air pollution control Complying system and maintenance be done in such a way that the quantity of pollutants shall be in accordance with the standards prescribed by the Board/MOEF& CC/or otherwise mandatory
7. Unit shall do provisions for control of Complying fugitive emissions from process as per the norms of the Board/MOEF & CC/or otherwise mandatory
8. The unit shall submit the stack Complying emissions monitoring report within one month from issuance of consent order along with the point wise compliance report of the consent order. Further quarterly monitoring report analyzed by Board/NABL accredited laboratory shall be submitted.
9. In case of closure directions under Presently not section-5 of E (P) Act, 1986 issued by applicable.
CPCB, this consent will be automatically suspended during the closure period, and will be automatically reinstated with 55 specific conditions as per CPCB revocation orders.
10. Industry shall develop and maintain Complying green belt as per the guidelines issued by the Board vide office order dated 16/02/2018, which is available on Board's Website-
www.uppcb.com .
11. Industry shall submit Environment Complying Statement to this Board as per provision of Environment (Protection) amendment Rule, 1993 for the previous year ending 31st March on or before 30th September every year
12. Industry shall abide by orders / Complying directions issued by Hon'ble Supreme court, Hon'ble High Court, Hon'ble National Green tribunal, Central Pollution Control Board and U.P Pollution Control Board for protection and safe guard of environment from time to time.
13. The Unit will file the renewal Presently not application at least 2 months prior to applicable the expiry of this Order.
Specific Conditions S. Consent Conditions Compliance Remarks No. Status
1. This consent is valid for the Complying production capacity of Rectified Spirit/ENA/Ethanol-100 KL/Day by using raw material C-Heavy Molasses-430 TPD OR Rectified Spirit/ENA/Ethanol-100 KL/Day by using raw material B-Heavy Molasses-333 TPD OR Rectified Spirit/ENA/Ethanol-100 KL/Day by using raw material Sugar Syrup-299 TPD and by Product FUSEL OIL 6.0 MT/ Month.
2. The industry should be operated in Complying such a manner that it does not adversely affect the environment and the solid waste generated such as ash etc. is disposed in ecofriendly manner.
563. The earlier Board has issued a CTO Industry has Air vide letter valid Water no133975/UPPCB/Circle3 consent upto (UPPCBHO)/CTO/air/SHAMLI/ 31.12.2023. 2021, dated-18.08.2021 is revoked.
4. This CTO shall be subject to the order Complying to be passed in O.A. No.- 301/2020 Satyapal Singh Versus State of U.P. by Hon'ble NGT
5. Any source of emission other than Complying that mentioned in the Air consent seeking application will not be permitted by the Board.
6. The industry should ensure the Complying operation of the air pollution control system (APCS) in such a manner that the air emission confirms with the standards prescribed under the E.P Act 1986 as amended.
7. Industry shall submit Environmental Complying Statement in prescribed format as per rule no.14 as per E.P. Rules 1986.
8. This consent is valid only for products Complying and quantity mentioned above.
Industry shall obtain prior approval before making any modification in product/ process /fuel/ plant machinery failing which consent would be deemed void.
9. Industry shall abide by orders/ Complying directions issued by Hon'ble Supreme court Hon'ble High Court, Hon'ble National Green tribunal, Central Pollution Control Board and U.P Pollution Control Board for protection and safe guard of environment from time to time.
10. Industry shall submit monthly Complying monitoring reports of all stacks and ambient air quality from a certified / approved laboratory under E.P. Act 1986.
11. Industry shall comply with various Complying provisions of Air (Prevention and Control of Pollution) Act1981 as amended, Water (Prevention and Control of Pollution) Act 1974 as amended and all other applicable rules notified under E.P. Act 1986.
5712. The unit shall submit the audited Complying balance sheet for the current year and the details of fees deposited during last three years within a month.
13. The unit shall obtain prior consents in Complying the event of any addition of new emission generation sources such as- Boiler/ Furnace/ Heaters/ D.G. Sets or alteration of existing emission sources in accordance with section- 21/22 of air Act 1981 (as amended respectively).
14. This Consent order shall Presently not automatically become invalid on applicable. issuance of Closure Order by C.P.C.B/UPPCB and further on revoking of Closure order, the Consent order shall become valid.
15. The industry will use minimum 20% Industry using Bio Briquette as fuel in the Boiler Slop and depending upon its availability bagasse as fuel.
16. In compliance with the Hon'ble Complying Supreme Court order passed in W.P. (civil) No. 13029/1985M.C. Mehta Vs. Union of India and ors. the use of Pet coke and furnace oil is prohibited.
17. The unit shall submit the point wise Complying compliance report of the conditions imposed in the N.O.C issued by the Board for the expansion of the industry within a month.
18. The use of Pet coke and Furnace oil Complying as a fuel in the factory is restricted in compliance of the Hon'ble Supreme court order.
19. The Project Proponent shall submit During visit the validation report for Rectified directions given Spirit/ENA/Ethanol-100KL/Day to industry production from any reputed Institute representative such as NSI, Kanpur/VSI, Pune or for compliance any other competent institute within of direction. 03 months after starting B-Heavy molasses-based operation. If the validation report carried out by any reputed institute is same as claim made by the unit. The SPCB may further allowed to operate as per proposal of the unit.
5820. The maximum storage capacity of the Complying lagoons is for 7 days holding capacity of the concentrated spent wash.
Excess Capacity of storage lagoon shall be dismantled within 3 months and progress submitted to the Board.
21. Bio composting shall not be allowed. Complying Bio composting yard shall be dismantled within 06 months and progress submitted to the Board.
22. This consent is valid only for Zero During Liquid Discharge (ZLD). inspection unit found complying ZLD condition.
23. This consent is valid for 365 days Complying operation of the industry of a year.
24. Unit shall submit balance fee of Rs. Complying 50,000/-within 15 days in the Board.
25. Minimum 33% of the land on which In compliance of industry is established will be Hon'ble NGT covered by the plantation of tall trees order dated of suitable species as per the 05.08.2022, guidelines set up by the Board vide detailed status its Office Order of green belt no.H16405/220/2018/02 dt. has already 16/02/2018. The copy of this been submitted guideline is available at to Hon'bleNGT URLhttp://www.uppcb.com/pdf/Gr by UPPCB vide een-Belt-Guidle_160218.pdf. it's compliance report dated 02.11.2022.
During visit
industry was
found
complying
regarding the
development of
Green Belt.
Observation
1. During visit, unit found non-operational due to maintenance work.
2. During visit, it is found that road side wind breaking MS sheet framing work was under construction.
3. During visit, it is found that bagasse is being stored in covered hall and some quantity found in boiler section with green cover to capture dispersion of baggase particles.
59Recommendation
1. Directions may be issued to unit for construction of road side wind breaking MS Sheet framing work as soon as possible.
2. Directions may be given to the unit to submit the validation report for 100 KLD Rectified Spirit/ENA/Ethanol-100 KL/Day production from any reputed Institute such as NSI, Kanpur/VSI, Pune or any other competent institute within 03 months after starting B-Heavy molasses-based operation.
3. Directions may be issued to the unit to submit data generated from piezometer on monthly basis to UPPCB.
4. Directions may be issued to the unit to send monthly reports regarding spent wash storage and details of spent wash in each lagoon constructed in industry.
5. Directions may be issued to unit to identify recipient drains/rivulets and their upstream & downstream locations, carry out monthly monitoring of identified recipient drains at upstream & downstream location through recognized lab under Environment (Protection) Act, 1986 and shall submit the analysis report on monthly basis to CPCB and UPPCB.
On the basis of above recommendations, directions have been issued along with specific timelines have been issued to industry vide this office letter no. 1362/C/U-7/Shamli/2023 dated 13.01.2023 (Annexure-14).
Past Violations
1. In compliance of Hon'ble NGT order dated 05.08.2022 in reference of recommendation made by joint committee on inspection date 31.03.2022, show cause notice has been issued u/s 33A of Water (Prevention & Control of Pollution) Act 1974 as amended along with Environmental Compensation of Rs. 60,000/- per day vide H.O. UPPCB, Lucknow letter No. H78510/C- 3/Jal/246/Ka.Ba.No./M.Nagar/2022 dated 15.07.2022 (Annexure-15). On the basis of industry representation dated 26.07.2022, show cause notice has been revoked with imposition of Environmental Compensation Rs. 13,20,000/- vide H.O. letter dated 13.01.2023."
27. The above Report also says that there were some past violations on the part of respondents, for which a show cause notice was issued, proposing imposition of environmental compensation of Rs.61,000/- vide 60 letter dated 15.07.2022. The industries submitted their reply/representation dated 26.07.2022, and after considering the same, final order was passed, imposing environmental compensation of Rs.1,32,000/- by UPPCB Head Office letter dated 13.01.2023.
28. Learned counsel appearing for respondents 5 and 6 stated that the said compensation has been deposited.
29. In view of the above, it is agreed that there is substantial compliance on the part of respondents 5 and 6 with regard to environmental norms and the consent conditions.
30. Applicant, however, claims that he has some suggestions which should be implemented by respondents 5 and 6. He had submitted a Report-cum-suggestions by e-mail dated 27.01.2023 which are as under:
"Observations by undersigned
- That the first sight visited by the team was Boiler Section where the Chhaai/Flying Ash generally generated. Respondent No. 5 using "Water Scrubber" technology to stop pollutants. However, this technology is insufficient to curb emission of air pollutants i.e. Fly Ash (Chhaai) which affects health of the habitants of the Shamli City very adversely.
- During inspection boundary walls of sugar mill and distillery, which must be at least 3 meters high, as per joint committee report dated 31.03.2022. However actual position of the wall at the time of inspection was not found three meters high and as such not satisfactory at bagasse storage yard/area. Wall is made by lower part in bricks and upper part in tin sheets which are also depilated in conditions. (Annexure - Copy of the Video).
- No Bio-gas plant is found within the premises while the joint Committee report dated 31.03.2022 says that the Distillery Unit has an anaerobic reactor in its CPU (Condensate Polishing Unit) and the same will generate biogas (Methane, H2S etc.,) and therefore, the biogas produced required to be properly stored and utilized.
- During inspection the applicant was shown STP (Sewrage Treatment Plant) for the treatment of sewage generated daily 61 from the residential Colony and Sugar Mill but no use is seen of treated water.
- During the visit applicant pointed out to the officials of the Respondent 4 & 5 the presence of micro particles of fly-ash within the premises as well as macro-micro particles of fly-ash in the range of 200-300 meters outside the sugar mill during random visit to a household, furthermore not only this but fly- ash can be found 1000 meters far from the Respondent No. 5 however on 31.03.2022 joint Committee didn't found any fly ash outside the industry premises.
- Fly-ash landfill yard is covered with wall however no dense plantation seen with suitable species hence this is not efficient to prevent or mitigate fugitive of fly-ash to go out from the yard with wind.
- During the visit Industry didn't develop green belt near/around the most dust prone areas in the premises i.e. truck/tractor-trolley movement areas, bagasse yard towards the road side and minimum 33% of land not covered with dense plantation on which industry is established.
- Official of Respondent No. 5 & 6 informed Applicant and Respondent No. 4 during visit that no BITREX substance was being released by the industry and once in a year deafening sound burst-out from the industry at the time of starting of crushing season however no proof for the same is available.
Suggestions:
Applicant is pleased to state that the working style and the management of Respondent 5 & 6 was found in line with the standards of any sugar mill, however, the issue related to curb the air pollution so far as the fly ash (RAAKH) is concerned, the same was not sorted out properly. It is pertinent to mention here that the Respondent 5 & 6 have made good arrangements for curbing the fly ash, however, such solutions, in considered opinion of the Applicant is insufficient and need more sufficient and Honest & Responsible action toward the society but not by the fear of law on the parts of Respondent 5 & 6.
- Advanced and Modern Technology came into operation now-a-
days namely "ESP (Electrostatic precipitators)" -A dry ESP electrically charges the ash particles and imparts a strong electric field in the flue gas to collect and remove them. ESP is the only mechanism which can stop fly-ash emission. It was informed by the officials of Respondent No. 5 & 6 that ESP is a 62 very costly mechanism however Government can help in any manner to the Respondent No. 5 & 6 for interest of the public at large and no mechanism is costly so far as public health and environment is concerned.
- Respondent No. 5 & 6 should use treated water for Plants, water sprinkler or pour empty pounds created by the sugar mill itself near land-fill area and other activity improper manner.
- Respondent No. 5 & 6 should plants suitable plants near boundary walls of factory and land-fill area i.e. peepal, sisam, saptaparni and jamun etc. and other local plantations.
- AQI (Air quality index) monitor device should also be installed in the area."
31. Compliance Report dated 09.02.2023 has been filed by respondents 5 and 6 on various aspects as under:
"2. The chart showing compliance by the answering respondents in respect of Upper Doab Sugar Mills, Shamli is as follows:
S Particulars Arrangements Annexures No.
1. Water Respondent No. 5 has ETP Flow diagram pollution already installed an is annexed Effluent Treatment Plant Annexure R/5.
(ETP) for the treatment of The Ferti-Irrigation generated industrial waste management plan water. enveloped by the Treated waste water is National Sugar utilized in Ferti-irrigation Institute, Kanpur for and cooling tower. Upper Doab Sugar Online monitoring system Mills respondent at treated effluent is no.5 as Annexure installed and working R/5/B properly as per direction of UPPCB/CPCB.
2 Air Respondent No. 5 has Boiler Certificates Pollution installed Wet Scrubbers on issued by the all boiler chimneys. Labour Department, Further, online monitoring U.P., are annexed systems of all the boilers as Annexure R-5/D has been installed as per (colly). directions of UPPCB/CPCB 3 Boiler Ash After wet scrubber, Boiler Photograph is Ash generated is collected annexed as in tractor trollies and the Annexure R-5/E. wet ash is transported to the ash yard under cover in tractor trollies.
63
4 Storage & The Boiler Ash is dumped in Details of Boiler Ash
disposal of the Ash Yard and given taken away from
fly ash away for filling diches and the Ash Yard are
uneven lands. annexed as
This Ash is so soft that it Annexure R-5/F
cannot be used for making (colly).
Bricks, etc. GPS photographs
showing location of
the final disposal
place(s) of the taken
away Boiler Ash are
annexed Annexure
R-5/G.
5 Storage of Loose Bagasse generated
Bagasse after sugarcane crushing is
primarily used in the Sugar
Mill as fuel and left over
Bagasse is sent to the
Distillery and stored in
covered area for use in the
Distillery.
Part of the loose Bagasse is
compressed into cubical
bails and stored in the bails
storage yard, which are
covered by
Alkathene/polythene
sheets.
6. Noise Noise Pollution is within the Noise Pollution
Pollution requisite norms. Certificate is
annexed as
Annexure R-5/H
7 Sewerage Installed- resulting in Photograph is
Treatment treatment of domestic annexed as
Plant sewage water. Annexure R-5/I.
8 Plantation Respondent No. 5 has Photographs are
already developed green annexed as
area in and outside it's Annexure R-5/J premises. It has also developed dense plantation under Miya-waki project under the guidelines of UPPCB.
3. The chart showing compliance by the answering respondents in respect of Shamli Distillery & Chemical Works, Shamli is as follows:
S. Particulars Arrangements Annexures No.
1. Water The Distillery of the Flow pollution Respondent No. 6 has chart/diagram of achieved Zero Liquid Condensate Discharge of generated Polishing Unit (CPU) industrial waste water. is annexed as Annexure R-5/K. 64 The generated Spent Wash from the process is passed through the Multi Effect Evaporator (MEE) to produce Slop (concentrate spent wash), which is utilized in the Slop Fired Boiler (Incineration Boiler) as fuel.
Condensate generated from MEE is treated through the CPU Plant. Treated water is utilized in the Distillery process/ cooling tower.
2 Air Pollution The Distillery of the Photograph of the Respondent No. 6 has Slop Fired Boiler/ installed a Slop Fired Boiler/ Incineration Boiler Incineration Boiler of 36 tons Certificate is P/Hr capacity having stack annexed as height 72Mtrs. Annexure R-5/L. Ash is collected by the Bag Filter System, which is Boiler certificate is installed with the Boiler as annexed as Air Pollution Control System. Annexure-R/5-M Online monitoring system is installed at the chimney stack, which is monitored by UPPCB/CPCB.
3 Disposal of Generated Boiler ash is Copy of Sale Order Boiler Ash finally collected in a covered dt. 29.06.2022 is chamber and is sold out to annexed as M/s. Ganpati Enterprises, Annexure 5/N. Shamli, for processing into organic manure.
4 Storage of Bagasse received from the
Bagasse Respondent No. 5/ Sugar
Mill is stored in a covered
godown.
For day-to-day operation of
Distillery Boiler, Bagasse is
shifted from covered godown
to the covered area of the
Boiler.
5 Common Height of existing boundary Photograph is
Boundary Brick wall is about 7 ft., annexed as
Wall around within 4 ft. of which, the Annexure R-5/O.
the Respondent No. 6 is
Respondent installing road side wind
No. 5/ breaking GI Sheets wall of
Sugar Mill 20 ft. height with support of
and the pillars similar height.
Distillery of
the
Respondent
No. 6
6 Noise Noise Pollution is within Noise Pollution
Pollution requisite norms. certificate is
65
annexed as
Annexure R-5/P.
7 Sewage Installed - resulting in Photograph is
Treatment treatment of domestic annexed as
Plant sewage water. Annexure R-5/Q.
8 Plantation The Distillery of the Photographs are
Respondent No. 6 has annexed as
already developed green Annexure R-5/R
area in and outside its
premises. It has also
developed dense plantation
under Miya-waki project
under the guidelines of
UPPCB.
32. This Tribunal also passed order on 25.05.2023 directing UPPCB to visit the units during their operational period and verify the facts with regard to compliance and submit Report.
33. Pursuant thereto, UPPCB submitted its taken Report dated 26.09.2023 after making an inspection of M/s Upper Doab Sugar Mills, Shamli on 21.09.2023. The observations recorded in Report read as under:
"3.0 INSPECTION OF M/s UPPER DOAB SUGAR MILLS, SHAMLI, UP BY UPPCB In compliance to said orders of the Hon'ble NGT dated 25.05.2023, UPPCB inspected M/s Upper Doab Sugar Mills Shamli on dated 21.09.2023. UPPCB already submitted during visit on dated 06.01.2023 that STP has been installed and operational. At the time of inspection, treated effluent sample collected and analyzed in Regional Laboratory. As per the analysis report, all parameters found within the norms.
During the present inspection, STP has been found installed and operational. However, industry was found not operational due to off season. During the visit, sampling of treated effluent being done and analyzed the sample in Regional Laboratory of UPPCB, Muzaffarnagar. As per the analysis report, all the parameters found within the prescribed standards. The report is annexed as Annexure-
1. Photographs of STP during the present inspection on dated 21.09.2023 and flowchart of STP along with STP individual unit's details are as below:66 67
As per the above details, STP has been found installed, fully operational and within the prescribed standards.
The above report is put up for perusal and necessary action please."
34. On 18.12.2023, Tribunal required UPPCB to let the study conducted regarding utilization of fly ash generated by sugar mills and similar industries for manufacturing of bricks and other purposes and submit a Report.
35. Pursuant thereto, through Regional Officer, UPPCB, Muzaffarnagar, Report dated 23.02.2024 has been submitted stating that bottom ash and water scrubbing ash are not suitable for the production of fly ash waste.
The reasons given in the light of study conducted by IIT, Roorkee, are as under:
"Apart from the above, in compliance to Hon'ble Tribunal directions, detailed study has also been conducted by I.I.T Roorkee submitting feasibility study dated 7.2.2024 for usage of bottom ash and water crubbing ash for the manufacturing of bricks/blocks and feasibility study for installation of ESP in the stack of the boilers for the capture of particulate matter. The study report is annexed as Annexure 2.
The study report includes analysis of wet ash and dry ash samples generated from the industry (Sugar industry). Upon analysis 68 of the dry and wet ash samples, it has been observed that the loss of ignition in Dry ash (bottom ash) is around 18.4%. Loss of ignition in wet fly ash (after drying at 100°C) is 17.3% and is observed to be 60.6% of raw sample received. Loss of ignition values is a very important factor which indicates suitability of the fly ash for brick making. The IS-3812 1981 sets the upper limit of the loss on ignition as 5.0% which is a very strong parameter to decide the suitability of ash for the usage for brick/block making. Hence, based on the test conducted, study concluded that fly ash generated from the unit is not suitable for the production of fly ash bricks contributing to higher degree of Loss of Ignition values."
36. With regard to installation of Electro Static Precipitators (hereinafter referred to as 'ESP'), UPPCB's report has said that unit does not have sufficient area in Boiler Section for installation of ESP. Report reads as under:
" Feasibility study has also been carried out for installation of Electrostatic Precipitators (ESP) in the stack of all the boilers installed in the industry for more efficient capture of particulate matters. Based on the study, it has been concluded that the unit does not have sufficient area in the boiler sections for installation of ESP."
37. Pursuant to order dated 18.12.2023, respondents 5 and 6 have also submitted their Additional Reply dated 27.02.2024. We may reproduce para 2, 3, 4, 5 and 6 thereof as under:
"2. That with regard to connectivity of OCEMS with CPCB and UPPCB servers, it is submitted that the burnt cable and instrument were replaced with a new cable as well as a new system by the Respondent Nos. 5 & 6 and the same is operational from 11.01 .2024.
3. That with regard to continuous operation of wet scrubbers, itis submitted that the system of operation of wet scrubbers is such hat it operates on 24 hour basis and the said wet scrubbers have been running continuously on 24 hour basis.
4. That with regard to possibility of installation of ESF, it is submitted that vide feasibility report dt. 07.02.2024 received from Dr. Prakash Biswas, Professor & Head, Indian Institute of Technology, Roorkee, recommending inter-alia that based on the inlet and outlet connections of the flue gases and support structure, it may not be possible to get ESF installed in the boilers stacks. Copy of the said Feasibility Report dt.07.02.2024 is annexed as Annexure R-5/30
5. That with regard to disposal of fly ash to the proposed landfill sites on daily or alternate days directly from the sugar mill to 69 such land fill sites, it is submitted that fly ash is disposed to the land fill sites from the sugar mill on daily basis.
6. Further, with regard to utilization of fly ash generated for manufacturing of bricks, it is submitted that vide feasibility report dt. 07.02.2024 received from Dr. Prakash Biswas, Professor & Head, Indian Institute of Technology Roorkee, recommending inter-alia that these two types of fly ash are not suitable for the production of fly ash bricks."
38. Ultimately, applicant did not find any issue on the part of respondents 5 and 6, and in the written submissions dated 15.04.2024, it is stated that these are the only grievances regarding the emission of fly ash into the open sky through stack by respondent 5. For containing the same, he has offered the following suggestions. Written submissions given by applicant on 15.04.2024 read as under:
"Bagasse fly ash in short "BFA" contains a high amount of unburned carbon and can have several potential effects on humans, plants and animals through the air, water and soil.
(1) Since BFA has very small particle sizes ranging from 0.5 to 300 microns and being lightweight, it can be easily airborne and tends to cause air pollution and respiratory problems.
(2) It contains traces of heavy metals, which pollute the air, soil and groundwater.
(3) It can be used as fertilizer but it hardens underground.
(4) This fly ash is not disposed of in open fields or aquatic bodies such as seas, rivers or ponds.
SUGGESTIONS If below mentioned advanced technologies are installed in the Respondent no. 5 qua the Sugar Mill then the flying ash can be stop releasing into the open sky.
- High Efficiency Boiler and/or
- Electrostatic Precipitator (ESP) and/or
- High efficiency wet scrubber
ESPs have a number of advantages, including:
Higher efficiency: ESPs can remove up to 99.9% of dust particles from the air, compared to 95-99% for bag filters.
Longer lifespan: ESPs can last for 20 years or more, while bag filters typically need to be replaced every 1-2 years.70
Lower maintenance requirements: ESPs require less maintenance than bag filters, as the collection plates do not need to be cleaned as often."
39. With regard to the suggestions made by applicant, it is admitted during course of arguments that he does not have any expertise in the matter and his submissions are based on the information, he has received.
Technical viability of the installation of ESP has already been examined by UPPCB and it has been found that it is not viable. With regard to the alleged high efficiency boiler and high efficiency wet scrubber, Learned Counsel appearing for respondents 5 and 6 stated that they have installed the requisite machinery and technology that is most apt, for functioning of unit for controlling emissions, available in the market. Furthermore, suggestion is very vague, as no technical criteria or specifications have been provided as to what constitutes, according to the applicant, a high-
efficiency wet scrubber.
40. In the light of the above discussion, we find that for past violations found by UPPCB on the part of respondents 5 and 6, environmental compensation of Rs.13,20,000/- has already been imposed. For the subsequent period, no violations have been found causing any air pollution. Even in the complaint of the applicant and in written submissions, it is evident that he also did not find any apparent violation and, therefore, made only such suggestions. In the circumstance, we do not think that any further order is required to be passed in this matter.
33. However, we direct UPPCB to continue to inspect the industrial units of respondents 5 and 6 periodically and monitor air emissions, handling, and management of fly ash from time to time and it shall be ensure that the same should be done during the crushing and operational period of the units. If any violation is found at any point of time, appropriate, 71 remedial, punitive, and preventive action shall be taken without any further delay.
34. We also direct that amount of environmental compensation realized from respondents 5 and 6 shall be utilized by UPPCB for rejuvenation/restoration of damaged environment in the area concerned.
For this purpose, an Environment Restoration Plan for rejuvenation of environment shall be prepared by a Joint Committee comprising District Magistrate, Shamli, Regional Officer, UPPCB, and Divisional Forest Officer, Shamli, within a period of two months, and the said plan shall be executed within next three months.
35. In this regard, a Compliance Report shall be submitted to Registrar General of this Tribunal by 15th February 2025, and if any further order is required, he may place the matter before the Bench concerned.
41. All pending I.A.s are disposed of.
42. With above observations/directions, this Original Application is disposed of.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM August 21, 2024 Original Application No. 141/2022 M 72