National Green Tribunal
Rajasekar Shambu vs The Chairman Karnataka State Pollution ... on 24 February, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.08:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 34 of 2019 (SZ)
IN THE MATTER OF:
Rajasekar Shambu.
... Applicant(s)
WITH
Karnataka State Pollution Control Board,
and Ors.
...Respondent(s)
Date of hearing: 24.02.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. S. Kolandasamy.
For Respondent(s): M/s. M.R. Gokul Krishnan for R1 to R4.
M/s. K.S. Viswanathan for R5 to R9.
M/s. R. Thirunavukarasu for R12.
1
ORDER
1. When the matter came up for admission on 11.10.2019, this Tribunal has passed the following order:-
"(1) The grievance in this application is that lot of chemical industries are operating in Kolhar Industrial Areas in Bidar, Karnataka State. According to the applicant, Respondent nos.
5 to 11 are some of such industries operating in that area. According to the applicant, they are discharging untreated trade effluent into the drain by which causing pollution and some of the industries are not having even valid consent to operate and there is no in house mechanism to deal with the hazardous material as per the provisions of the Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016. Though several complaints have been filed before the authorities, no action has been taken. Further, they are taking the hazardous substance in tankers and discharge it in open well thus causing pollution of the groundwater. Though earlier some action has been taken by the State Pollution Control Board for closure against the Respondent No. 6, the same is still continuing. There are no treatment plants established by these industries to treat the trade effluents. There is no flow meter provided. There are no provisions for removing the sludge after the operation. They stored effluents in an unscientific manner inside the premises causing soil contamination. On-going through the allegation, we are satisfied that there is substantial question relating to environment arises in the present case. (2) Considering the facts and circumstances, we feel it appropriate to implead the State of Karnataka represented by the Chief Secretary and also the District Collector, Bidar District as additional party respondents. The applicant is 2 directed to submit amended cause title and take steps to amend the cause title. The registry is directed to implead them as additional party respondents.
(3) Issue Notice to the Respondents. The applicant is also directed to take notice by Dasti as well. The applicant is directed to submit the requisites within 10 days.
(4) In the meantime, we feel it appropriate to appoint a Joint Committee consist of Senior Officer/Scientist of the Central Pollution Control Board, State Pollution Control Board and the District Collector who shall inspect the place in dispute and submit a factual report regarding the allegation made and action if any taken in case of any violation found.
(5) The State Pollution Control Board will be the nodal agency for compliance and coordination. The Committee shall look into the matter, take appropriate action in accordance with law and furnish a factual and action taken report in the matter within two months by e- mail to this Tribunal."
2. Thereafter, case was taken up on 10.01.2020. At the request of the KSPCB, the matter was adjournment for filing the report as directed by Order dated 11.10.2019 and posted the case to today.
3. Today the joint committee has submitted a report and it is mentioned in the report that they have carried out the inspection in Kolhar Industrial Area on 26.11.2019 & 27.11.2019. They also inspected not only the industries listed in the application but also other industries and the Common Effluent 3 Treatment Plant (CETP) construction site which is coming within the Kolhar Industrial Area.
4. It is also mentioned in the report that the applicant had earlier filed a complaint to KSPCB about the Pharma and Chemical Industries operating in Kolhar Industrial area, Bidar and subsequently he withdrew his complaints stating that he was satisfied with the manner in which the operation of the chemical industries are going on.
5. It is seen from the report that this area is identified as Severely Polluted Area with a CEPI score of 65.64. The individual score of sub Index of Air, Water and Land are 31.00, 60.00 and 45.50.
The sub index confirms that the Surface Water Pollution is higher i.e., 60.
6. National Geophysical Research Institute (NGRI) was entrusted with the work to study about the ground water flow and geo-
hydrological investigation of watershed covering Kolhar Industrial Area, Bidar and they conducted a study. They selected a network of 65 observation wells for ground water monitoring during April 2012 and January 2013 for ascertaining the ground water flow direction in Kolhar Industrial area, Bidar and reported that depth of ground water in industrial area varied from 5 to 15 m below ground level during the monitoring period in the basaltic terrain.
47. It is also mentioned that during the water quality monitoring, 4 TDS contaminant plumes in Kolhar Industrial area reported elevated concentrations varying from 2000-8000 mg/L and elevated concentration of Chloride and Sodium were also observed. The trace elements like Barium, Cobalt, Chromium Manganese showed elevated concentrations in the wells inside the industrial area only. There is no threat to the public water supply wells or irrigation wells outside the industrial area.
Significantly there is no problem encountered with regard to elevated concentrations towards the Air Force Base Station, Bidar.
8. The NGRI study suggested the following remedial measures:-
No liquid waste disposal be allowed within the industrial area as in-situ infiltration rates of laterite is high.
The industrial area is vulnerable for fast contaminant migration based on large thickness of high permeability of weathered and semi-weathered laterite formations.
Unused open wells in the industrial area need to be protected from surface water contamination during rainy season through storm water runoff. The unused wells may be thoroughly cleaned through groundwater pumping to arrest migration of contaminant to the downstream area.5
Stagnation of storm water should be avoided in industrial area otherwise it may drive the nascent elevated concentrations to the downstream areas. Industrial area should have a Common Effluent Treatment Plan (CETP) outside the industrial area and all industries should sent their partially treated effluents for treatment in the CETP.
9. The KIADB had made provisions for supply of water from Karanja River which is located at 10 KM to the industries located in Kolhar Industrial area. But, even after 40 years, the KIADB could not commission the same. Due to which the industrial units are totally dependent on captive ground water supply from open well/bore wells and through tankers.
10. It is also mentioned that Bidar city is receiving drinking water supply from the River Manjira which is located at a distance of 10 Kms from Kolhar Industrial Area. The KIADB has made provision to tap 1 MLD of water from Bidar city water supply line to supply to the industries located in Kolhar Industrial Area and the same is yet to be commissioned. There is no Under Ground Drainage System and Sewage Treatment Plant provided in Kolhar Industrial Area. The industrial units located in the industrial area are managing their domestic sewage through septic tanks and soak pits.
611. They also mentioned about the category of industries and its consent status as follows:-
"Category of Industries and its consent status:
The major industrial activities in Kolhar Industrial area is Bulk Drug and its Intermediates, Pharmaceutical Formulation, Tyre Pyrolysis, Reprocessing of used oil, Electroplating (closed) etc. The details about categories of industries are as follows:
Categories of Industries Operating Industry Classification & Status of Operation Category numbers Total Medium Not Yet to Large Small Operating Operating commission Red 8 9 89 106 16 62 28 Orange 2 2 65 69 23 22 24 Green 1 2 118 121 46 43 32 Total 11 13 272 296 85 127 84 The above table reveals that out of 296 industries, 85 industries of different category and Scale are operating, and all these industries are operated with valid combined consents issued by KSPCB under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, as per the KSPCB records.
There are 17 Nos. of Bulk Drug & Intermediate industries are established in Kolhar Industrial area, the status of operation as follows:-
No. Name of the industry Status of
Operation
1 M/s Vivimed Laboratories Pvt. Ltd. Operating
2 M/s Suryakala Laboratories Pvt. Ltd. Operating
3 M/s. Azakem Laboratories (P) Ltd. Operating
7
4 M/s. Sri Lakshmi Chemical Pvt. Ltd. Operating
5 M/s. Vivmed Laboratories Pvt. Ltd. Operating
6 M/s. Sai Life Sciences Ltd. Operating
7 M/s. P.R. Drugs Pvt. Ltd Operating
8 M/s Sreegen Pharma Ltd. (Formerly known Operating
as Sreeven Pharma Pvt. Ltd)
9 M/s. Corvine Chemicals & Pharmaceuticals Operating
Ltd.
10 M/s Chorus Labs Ltd. Operating
11 M/s Chandra Life Sciences (P) Ltd. Operating
12 M/s Syntho Chirals Private Limited Operating
13 M/s Vani Organics Pvt. Ltd. Operating
14 M/s Wohler Laboratories Pvt. Ltd (Formerly Not
M/s. Light Drugs Pvt. Ltd) Operating
15 M/s Chiral Bio-sciences Ltd. Not
Operating,
Closure
order issued
by KSPCB
16 M/s. SN2 Asymetrix Temporarily
not
operating
17 M/s. Stereo Drugs Pvt. Ltd. Not
operating,
closure
order issued
by KSPCB
The above table reveals that out of 17 industries, 13 industries are operated and remaining 4 industries are not operating. All the operating industries are having valid consents under Water Act and Air Act."
12. The committee has collected samples of water from two locations in that industrial area and also from outside of the industrial area and reported as follows:-
8"Ground and Surface Water Sampling by the Committee
(i) Location of Surface Water Samples:
The Joint Committee collected surface water samples at two locations within Industrial area, which are as follow:
S.No. Location Latitude & Remarks
Longitude
1) Nizampur Tank 17.9105300N Used for cattle
- adjacent to 77.4536540E drinking and
Kolhar agricultural
industrial area activity
2) Nalla near 17.9142800N Not used found
Bellur Ring 77.4579500E stagnated water
Road
During the time of inspection, there was no flow of water in the Nala (surface drain from Kolhar industrial area to the Nizampur tank), but there was water available in the nala, near the check dam constructed at Bellur Ring Road. There was water available at Nizampur tank during inspection and found no inflow to the tank, it was informed by the KSPCB that during summer days the tank becomes dry.
(ii) Location of Ground Water Samples:
The Joint Committee collected the ground water samples at eight locations, the details are as follow:
S. Location Latitude & Usage of Water No. Longitude
1) Open Well of Sri 17.9106300N Water is not used, Rajashekar 77.4534800E solid waste are Shambu, Sy.No.5 being dumped in Kolhar Village water
2) Open well of Sri 17.913450 N Used 0 for Gurunath Kollur, 77.455590 E construction 0 Sy. No.319, near purpose Kolhar Industrial 9 Area
3) Open Well of Smt. 17.9137700N Used for Gangamma 77.4556200E agricultural use Saibanna, Sy No.319, near Kolhar Industrial Area
4) Open well of 17.9087100N Used for M/s. PR Drugs 77.4633700E industrial use Pvt Ltd. Plot No.79/A, Kolhar Industrial area
5) Open well of M/s 17.9058200N Used for Wholer 77.4592600E industrial use Laboratories Pvt.
Ltd Kolhar
Industrial area
6) Open well of 17.9126640N Used for
M/s. Syntho 77.4641210E industrial use
Chiral Pvt. Ltd.
Plot No.53 & 54
(P) Kolhar
Industrial Area
7) Open well of M/s 17.9088300N Used for
Corvine 77.4594400E industrial use
Chemicals Pvt.
Ltd. Kolhar
Industrial Area
8) Open well of 17.909960N Used for
M/s. Chandra 77.455990E industrial use
Life Sciences (P)
Ltd, Kolhar
Industrial Area
Where,
Label Name of Industry / Nature of Latitude &
Location Sample Longitude
SW1 Nijampur Tank, Tank 17.9105300N
Adjacent to Kolhar Water 77.4536540E
Industrial area, Bidar
SW2 Nalla near Bellur Ring Nala 17.9142800N
10
Road, KSSIDC Water 77.4579500E
Industrial Estate, Bidar
GW1 Open Well of Sri Open Well 17.9106300N
Rajashekar Shambu, water 77.4534800E
Sy.No.5 Kolhar Village
GW2 Open well of Sri Open Well 17.9134500N
Gurunath Kollur, Sy. water 77.4555900E
No.319, near Kolhar
Industrial Area
GW3 Open Well of Smt. Open Well 17.9137700N
Gangamma Saibanna, water 77.4556200E
Sy No.319, near Kolhar
Industrial Area
GW4 M/s. PR Drugs Pvt Ltd. Open Well 17.9087100N
Plot No.79/A, Kolhar water 77.4633700E
Industrial area
GW5 M/s Wholer Open Well 17.9058200N
Laboratories Pvt. Ltd water 77.4592600E
Kolhar Industrial area
GW6 M/s. Syntho Chiral Pvt. Open Well 17.9126640N
Ltd. Plot No.53 & 54 (P) water 77.4641210E
Kolhar Industrial Area
GW7 M/s Corvine Chemicals Open Well 17.9088300N
Pvt. Ltd. Kolhar water 77.4594400E
Industrial Area
GW8 M/s. Chandra Life Open Well 17.909960N
Sciences (P) Ltd, Kolhar water 77.455990E
Industrial Area
(iii) Water Quality of Surface and Ground Water of Kolhar Industrial Area The environmental samples (surface and ground water) collected by the Joint Committee were handed over to the Central Lab, Karnataka State Pollution Control Board, Nisarga Bhawan, Bangalore for its analysis within stipulated time.
The analysis results of surface water samples received from the Central Lab of KSPCB is given and the parameters exceeding the permissible limit of 11 Indian Drinking Water Specifications: IS 10500- 2012 (Second Revision) standards is consolidated and the same is tabulated as below:
Nala Tank (SW1) Nizampur Standards * near S. Parameters Units Industri No. al Area (SW2)
1) Chemical mg/L 451 89 -
Oxygen Demand
2) Total Dissolved mg/L 4442 278 2000
Solids @ 1800C
3) Cholride as CL mg/L 2321 64 1000
4) Total Hardness mg/L 1570 104 600
as CaCO3
5) Calcium as Ca mg/L 312 24 200
6) Ammonia as N mg/L 12.3 0.1 0.5
7) Lead as Pb mg/L 0.21 BDL 0.01
8) Manganese as mg/L 2.5 0.31 0.3
Mn
9) Iron as Fe mg/L 0.32 0.89 0.3
Note: * IS 10500-2012, permissible limit The above table reveals that the parameters such as COD, TDS, Cl, Ca, N, Pb, and Mn are exceeding the permissible limits of IS standards by many fold and the results confirms that the Nizampur tank water is contaminated with anthrophonic sources (industrial waste water discharge, etc.). However, the nala (surface drain from the Kolhar Industrial area to the Nizampur tank) analysis results found very less except Mn and Fe.
The analysis results of Ground Water samples received from the Central Lab of KSPCB is given and the parameters exceeding the permissible limit of Indian Drinking Water Specifications: IS 10500- 12 2012 (Second Revision) standards is consolidated and the same is tabulated as below:
S. Parame Unit GW1 GW2 GW3 GW4 GW5 GW6 GW7 GW8 Stand No ters s ards * 1 COD mg/ 253 135 66 540 594 194 90 171 -
L
2 TDS @ mg/ 2312 1428 608 6540 3484 1760 696 1968 2000
1800C L
3 Cholrid mg/ 1029 653 205 491 1431 743 267 775 1000
e as CL L
4 TH as mg/ 990 610 216 1940 1220 660 264 716 600
CaCO3 L
5 Calcium mg/ 200 124 40 496 376 160 54 200 200
as Ca L
6 Magnes mg/ 119 73 28 180 68 63 31 52.5 100
ium as L
Mg
7 Ammon mg/ 10.2 1.29 0.06 565 56.7 5.6 1.0 0.98 0.5
ia as N L
8 Lead as mg/ BDL BDL BDL 0.2 BDL BDL BDL BDL 0.01
Pb L
9 Nickle mg/ BDL BDL BDL 0.1 BDL BDL BDL BDL 0.2
as Ni L
10 Manga mg/ 13 0.1 BDL 5.4 15.6 1.6 0.1 BDL 0.3
nese as L
Mn
11 Iron as mg/ 2.2 BDL BDL BDL 1.5 0.2 BDL BDL 0.3
Fe L
Among eight ground water samples, the ranges of pollutant concentration, number of samples exceeding standards and location of higher concentration listed is tabulated below:
S. Parameters Units Range No. of High No Min. Max. Samples Concentrati exceede on reported d in
1) COD mg/L 66 594 All All samples samples
2) TDS @ mg/L 608 3484 3 GW4, GW5, 180 C 0 GW1
3) Cholride as mg/L 205 1431 2 GW5, GW1 CL
4) TH as mg/L 216 1940 5 GW4, GW5, CaCO3 GW1, GW6, GW2
5) Calcium as mg/L 54 496 2 GW4, GW5 13 Ca
6) Magnesium mg/L 28 180 2 GW4, GW1 as Mg
7) Ammonia mg/L 0.06 565 7 GW4, GW5, as N GW1, GW6, GW2, GW7, GW8
8) Lead as Pb mg/L BDL 0.2 1 GW4
9) Nickle as mg/L BDL 0.1 1 GW4 Ni
10) Manganese mg/L BDL 13 4 GW1, GW5, as Mn GW4, GW6
11) Iron as Fe mg/L BDL 1.5 2 GW5, GW1 Table 3 and Table 4 reveals that the parameters such as COD, TDS, Total Hardness, Cl, Ca, Mg, N, Pb, Mn and Fe are exceeding the permissible limit of IS standards and among eight samples collected, higher concentration of pollutant is reported mostly at GW4: Open well of M/s PR Drugs Pvt. Ltd. Plot No.79/A, Kolhar Indl. Area and GW5: Open well of M/s Wohler Laboratories Pvt, Ltd, Kolhar Industrial Area. Higher Concentration of TDS i.e. 6580 mg/L at GW4 and 3484 mg/L at GW5 confirms the contamination due to industrial effluent, may not be due to higher extraction of ground water."
13. They also made observations regarding the operating units in the industrial estate which reads as follows:-
"6. The applicant in its application mentioned that the following respondents are not treating trade effluent and have not established the ETP and even established the treatment of the ETP is kept as showcase.14
S. Respondent Name of Industry Remarks No. 1 Respondent 5 M/s.Corvine Chemicals & Operating Pharmaceuticals Ltd, Plot No.135E, Kolhar Industrial Area, Bidar 2 Respondent 6 M/s Suryakala Laboratories Operating Pvt. Ltd., Plot No.131 A, Kolhar Industrial Area, Bidar 3 Respondent 7 M/s. Chandra Life Science (P) Operating Ltd. Plot No.200, Kolhar Industrial Area, Bidar 4 Respondent 8 M/s Syntho Chirals Private Operating Limited, Plot No.53 B & 54 P, Kolhar Industrial Area, Bidar 5 Respondent 9 M/s Sri Lakshmi Chemicals Not Pvt. Ltd. Plot No.73 (D), operating Kolhar Industrial Area, Bidar 6 Respondent 10 M/s Wohler Laboratories Pvt. Not Ltd., Plot No.123 & 124, operating Kolhar Industrial Area, Bidar 7 Respondent 11 M/s Chiral Biosciences Ltd. Not Plot No.50 (B&C) 51-A, Kolhar operating Industrial Area, Bidar In view of above, the Joint Committee inspected said seven industries to ascertain the status of functioning of ETPs/Pollution Control systems and its compliance. The Joint Committee collected the effluent samples of Raw and Treated to assess the compliance to the discharge standards. Out of these 7 industries, 4 units were in operation and 3 units were in not operation due to closure order issued by the KSPCB. The details of the industries, operating status of ETP and installation of Online Continuous Effluent Monitoring System (OCEMS) are given below:15
Observation of the Joint Committee on indentified industries:
The main observations of the Joint Committee with respect to seven industries are as follows:
6.1 M/s. Corvine Chemicals and Pharmaceutials Ltd.
The unit is categorized as Large Red, was inspected on November 27, 2019, found operating with valid consents under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, with validity upto 30.06.2021. Also has valid Hazardous Waste Authorization under the Hazardous Waste (Management and Transboundary Movement) Rules, 2008, with validity up to 30.06.2020. The observations of the committee are:
a. The unit has displayed the consent and H.W. Authorization conditions at the entrance of the unit, as per the direction of Supreme Court Order in W.P.(C) 657/1995. The unit has valid consent and H.W. Authorization.
b. The source of water supply for industrial use is open well and has installed flow meter for recording water consumption. But, the unit has obtained NOC from the Karnataka Ground Water Authority (KGWA) for usage of ground water for industrial purpose. c. The raw materials are stored in closed shed and having closed loop system for solvent handling. But still some of the solvent are handled in barrels manually.
d. The process area is not provided with spillage collection pits.
e. The unit has not provided designated place for the storage of by products i.e. Sodium Sulphate salt etc. 16 f. Acid and alkaline scrubbers are provided as air pollution control equipments to all Glass Line Reactors (GLR's) to handle the process emissions. But, the alkaline scrubber area is not provided with dyke or spillage collection pits to avoid any soil contamination. g. Used solved drums / barrels are stored in an open area, the same need to be shifted to the designated place after washing for disposal to the recyclers. h. Coal/briquettes are used as fuel in Boilers, the ash generated from the boilers, ash lumps and fine ash shall be stored separately in bags to avoid fugitive emissions.
i. There are no dyke walls in between the acid storage tanks, as per the compatibility of acid. There is no scrubber system provided to the acid storage tank (HCL) to handle the acid fumes during handling of acids.
j. The unit has provided surface runoff collection tank with outlet for overflow. But the existing capacity of collection tank provided is not adequate and same shall be increased with a provision to reuse after treatment. The collection tank outlet shall be removed to avoid any outside discharge.
k. The unit has 30 KLD ETP, the low TDS and High TDS effluent are combine treated with neutralization followed with Multiple Effect Evaporator (MEE) and Agitated Thin Film Drier (ATFD). The salt generated is disposed to Common TSDF. The MEE condensate is used as Boiler Feed.
l. The unit has provided OCEMS system for the treated effluent, connected to CPCB/SPCB and found operating.
17m. The analysis results of raw combined effluent and treated effluent (condensate) is tabled below:
S. Parameters Units Raw MEE KSPCB
No. effluent conden Condition
sate
1 pH @ 250C No. 12 10.9
2 Conductivity µMho/ 50300 77.7
@ 250C cm
3 Total mg/L 35210 66 Condensate
Dissolved shall be
Solids @ reused for
1800C cooling tower
4 Total mg/L 434 10 makeup/
Suspended boiler feed to
Solids achieve zero
5 Chemical mg/L 41224 2251 Liquid
Oxygen Discharge
Demand
6 Chloride as mg/L 12800 10
Cl
The above table reveals that the MEE condensate is reported with high concentration of COD and alkaline pH, which indicates that poor performance of MEE condenser and condensate generated is not suitable for recycling as cooling tower, make up water.
6.2 M/s. Suryakala Laboratories Pvt. Ltd. The unit is categorized as Medium Red, was inspected on November 27, 2019, found with valid consents under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, with validity upto 30.06.2021. Also the Hazardous Waste Authorization under the Hazardous Wastes (Management and Transbondary Movement) Rules, 2008 has validity upto 30.06.2021. The observations of the committee are:
18a. The unit has displayed the consent and H.W. Authorization conditions at the entrance of the unit, as per the direction of Supreme Court in W.P. (C) 657/1995.
b. The unit has valid consent and H.W. Authorization. c. The source of water supply is own open well located within the premises and tankers, not installed flow meter for water consumption & record is not available. The unit has not obtained NOC from the Karnataka Ground Water Authority (KGWA) for usage of ground water for industrial use. d. The unit is not having closed loop system for solvent handling to minimize the solvent loss. e. The unit has installed OCEMS and connected to CPCB/KSPCB. The OCEMS is found working. f. The unit has 30 KLD ETP, the low TDS and High TDS effluent are combine treated with neutralization followed with stripper, Multiple Effect Evaporator (MEE) and Agitated Thin Film Drier (ATFD). The salt generated is disposed to common TSDF. The MEE condensate is used as Boiler Feed. The analysis results of raw combined effluent and treated effluent (condensate) is tabled below:
S.N Parameters Units Raw MEE KSPCB effluent condensate Condition 1 pH @ 250C No. 9.6 9.9 Condensate 2 EC µMho/c 13420 1260 shall be m reused for 3 Total mg/L 9394 920 cooling Dissolved tower Solids @ makeup/ 180 C 0 boiler feed 4 Total mg/L 160 40 to achieve Suspended zero liquid Solids discharge 19 5 Chemical mg/L 6742 7606 Oxygen Demand 6 Chloride as mg/L 980 235 Cl The above table reveals that the MEE condensate is reported with high concentration of COD and Alkaline pH, which indicates that poor performance of MEE condenser and condensate generated is not suitable for recycling as cooling tower, make up water.
g. The unit has storage of large quantity of process residue and MEE salt about 20 Tonnes, the same is stored in unscientific and haphazardly in H.W. storage area. Due huge storage, there is generation of leachates, which is coming out of the storage area. The unit shall immediately dispose the same to the authorized agency as per H.W. Authorization and also shall not accumulate large quantity of solid waste and dispose the same in regular frequency. There is no spillage collection pit existing in H.W. storage area.
h. Coal is used as fuel in Boilers, the ash generated from the boilers, ash lumps & fine ash shall be stored separately in bags to avoid fugitive emissions.
i. The unit is not having storm water management system, collection and treatment of the same. 6.2 M/s. Chandra Life Science (P) Ltd The unit is categorized as Medium Red, was inspected on November 27, 2019, found with valid consents under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, with validity up to 30.06.2021. Also the Hazardous Waste 20 Authorization under the Hazardous Wastes (Management and Transboundary Movement) Rules, 2008 has validity upto 30.06.2021. The observations of the committee are:
a. The unit has displayed the consent and H.W. Authorization conditions at the entrance of the unit, as per the direction of Supreme Court Order in W.P.(C)657/1995.
b. The unit has valid consent and H.W. Authorization. c. The source of water supply is own open well located within the premises and tankers, not installed flow meter for water consumption & record is not available. The unit has not obtained NOC from the Karnataka Ground Water Authority (KGWA) for usage of ground water for industrial use.
d. The unit is not having closed loop system for solvent handling to minimize the solvent loss. e. The unit has installed OCEMS and connected to CPCB/KSPCB. The OCEMS is found working. f. The unit has 30 KLD ETP, the low TDS and High TDS effluent are combine treated with neutralization followed with stripper, Multiple Effective Evaporator (MEE) and Agitated Thin Film Drier (ATFD). The salt generated is disposed to Common TSDF. The MEE condensate is used as Boiler Feed. The analysis results of raw combined effluent and treated effluent (condensate) is tabled below:
S. Paramet Units Raw MEE KSPCB No ers effluent condensate Condition 1 pH @ No. 9.6 9.9 Condensate 25 C 0 shall be 2 EC @ µMho 13420 1260 reused for 250C /cm cooling 3 TDS @ mg/L 9394 920 tower 1800C makeup/ 21 4 TSS mg/L 160 40 boiler feed 5 COD mg/L 6742 7606 to achieve 6 Cl mg/L 980 235 zero liquid discharge
The above table reveals that the MEE condensate is reported with high concentration of COD and alkaline pH, which indicates that poor performance of MEE condenser and condensate generated is not suitable for recycling as cooling tower, makeup water.
g. The unit has storage of large quantity of process residue and MEE salt about 20 Tonnes, the same is stored in unscientific and haphazardly in H.W. storage area. Due huge storage, there is generation of leachate, which is coming out of storage area. The unit shall immediately dispose the same to the authorized agency as per H.W. Authorization and also shall not accumulate large quantity of solid waste and dispose the same in regular frequency. There is no spillage collection pit existing in H.W. storage area. h. Coal is used as fuel in Boilers, the ash generated from the boilers, ash lumps & fine ash shall be stored separately in bags to avoid fugitive emissions. i. The unit is not having storm water management system, collection and treatment of the same.
6.3 M/s. Chandra Life Sciences (P) Ltd.
The unit is categorized as Medium Red, was inspected on November 27, 2019, found with valid consents under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, with validity up to 30.06.2023, whereas the Hazardous Waste Authorization under the Hazardous Wastes (Management and Transboundary Movement) Rules, 2008 has expired 22 and applied for renewal. The observations of the committee are:
a. The unit has displayed the consent and H.W. Authorization conditions at the entrance of the unit, as per the direction of Supreme Court Order in W.P.(C)657/1995. The unit has total area of 6 acres. b. The unit is having valid consent, whereas H.W. Authorization expired and applied for renewal of the same.
c. The source of water supply is own open well and bore well and installed flow meter to record the consumption of water from open well. The unit has not obtained NOC from the Karnataka Ground Water Authority (KGWA) for usage of ground water for industrial use.
The average water consumption is 18 KLD. d. The raw materials are stored properly in shed, whereas not implemented the closed loop system for solvent handling to reduce VOC emission / solvent loss. e. The unit has installed OCEMS and connected to CPCB/KSPCB, the OCEMS is found working. f. The unit has 20 KLD ETP, the low TDS and High TDS effluent are combine treated with neutralization followed Multiple Effective Evaporator (MEE) and Agitated Thin Film Drier (ATFD). The salt generated is disposed to Common TSDF. The MEE condensate is used as Boiler Feed. The analysis results of raw combined effluent and treated effluent (condensate) is tabled below:
S.No Parameters Units Raw MEE KSPCB effluent condens Condition ate 1 pH @ 250C No. 7.5 5.2 Condensate 2 EC @ 250C µMho/ 111700 3680 shall be cm reused for 23 3 TDS @ mg/L 97842 3128 cooling 1800C tower 4 TSS mg/L 1682 154 makeup/ 5 COD mg/L 90240 1792 boiler feed 6 Cl mg/L 21760 514 to achieve zero liquid discharge The above table reveals that the MEE condensate is reported with high concentration of COD and acidic pH, which indicates that poor performance of MEE condenser and condensate generated is not suitable for recycling as cooling tower, makeup water.
g. The unit has storage of process residue, spent carbon and MEE salt about 7.5 Tones. The storage areas is not having spillage collection pit existing in H.W. storage area. The unit is maintaining the inventory of H.W. and inventory is found displayed at storage area. Hazardous residue drums and raw materials (Solvent drums) are stored in same shed; the same shall be stored securely in designated hazardous waste storage area.
h. The process areas are not provided with spillage collection pit.
i. The unit has provided rain water percolation tank for all roof tap and surface run off collection, the same need to modify with impervious tank of adequate capacity to reutilize the same. Since, the surface run off is contaminated, not advisable to percolate into ground water.
j. The unit uses coal as fuel for boiler and ashes generated shall be properly handled.
k. The process scrubber liquid shall be directly taken to ETP (MEE) by installing permanent pipe line, to avoid spillages.
24l. There is an existing open well in the plant premises, open well sample was collected for analysis (GW8), the analysis results are discussed at Section 5 (iii). The well water was not confirming w.r.t. to COD.
6.4 M/s. Syntho Chirals Pvt. Ltd.
The unit is categorized as Small Red, was inspected on November 26, 2019, found having valid consents under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, with validity up to 30.06.2023. The Hazardous Waste Authorization under the Hazardous Wastes (Management and Transboundary Movement) Rules, 2008 expired on 30.06.2018 and applied for renewal. The observations are:
a. The unit has displayed the consent and H.W. Authorization conditions as per the direction of Supreme Court Order in W.P.(C)657/1995. b. The unit is having valid consent, whereas H.W. Authorization expired and applied for renewal of the same.
c. The source of water supply is own open well and has not installed flow meter and water consumption record is not available. The unit have not obtained NOC from the Karnataka Ground Water Authority (KGWA) for usage of ground water for industrial use. d. The raw materials are stored in shed. The closed loop system for solvent handling is under commissioning. e. During inspection, there was no production and informed that the plant was under maintenance shutdown.25
f. The unit has installed flow meter and cameras to MEE, but OCEMS is not yet connected to CPCB/KSPCB. working.
g. The unit has 20 KLD ETP, the low TDS and High TDS effluent are combinely treated with neutralization followed with Multiple Effective Evaporator (MEE) and Agitated Thin Film Drier (ATFD). The salt generated is disposed to Common TSDF. The MEE condensate is used as Boiler Feed. The unit informed that MEE is not operated continually and only 4 times in a month. There is need to maintain the flow records. Since the plant is under maintenance shutdown, the committee could not carryout sampling to assess the performance of MEE.
h. The unit transfers the effluent from collection tank to the MEE by loose pipe lines, need to be replaced with permanent line.
i. The unit has erected the process reactor adjacent to the MEE, the same need to be removed and shifted to other place.
j. The unit has stored off specification products / process residues etc. in large quantity, the unit shall dispose the same as per the H.W. Authorization immediately. The unit needs to develop adequate storage area for H.W. with spillage collection pits. k. The unit is not having storm water management system, collection and treatment of the same. l. There is an existing open well in the plant premises, open well sample was collected for analysis (GW6), the analysis results are discussed at section 5 (iii). The well water was not confirming w.r.t. to COD, Total Hardness and Ammonia.26
6.5 M/s. Sri Lakshmi Chemicals Pvt. Ltd.
The unit is categorized as Small Red, was inspected on November 27, 2019, found not having valid consents under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, expired on 30.06.2017. Also the Hazardous Waste Authorization under the Hazardous Wastes (Management and Transboundary Movement) Rules, 2008 has expired on 30.06.2018. The unit has applied to KSPCB on 06.08.2019 for renewal of consent. The observations are:
a. The unit has displayed the consent and H.W. Authorization conditions at the entrance of the unit, as per the direction of Supreme Court Order in W.P.(C)657/1995.
b. The unit is not having valid consent and H.W. Authorization, the unit is not in operation, applied for renewal of consent.
c. The source of water supply is by tankers, not having own source. There is no water consumption record available.
d. The unit is not having closed loop handling system for solvent, there are two solvent storage tanks exists. e. The unit has provided hazardous storage area found with process residue storage and storage area is not having spillage collecting pit. The used solvent drums are stored in open place.
f. The unit uses coal as fuel for boiler and ashes generated and not properly handled. g. The unit is not having storm water management system, collection and treatment of the same.27
6.6 M/s. Wohler Laboratories Pvt. Ltd.
The unit is categorized as Medium Red, was inspected on November 26, 2019, found not operating. The KSPCB has not renewed under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and action taken to close the industry. The observations of the committee are:
a. The unit has not displaced the consent and H.W. Authorization conditions as per the direction of Supreme Court Order in W.P.(C)657/1995. b. The unit is not having valid CFO from KSPCB. The plant was not operating; power disconnected by GESCOM as per KSPCB directions.
c. The unit has not provided OCEMS system. d. There is no adequate shed / area identified for Hazardous Waste Storages with spillage collection pit. Hazardous Wastes (process residue, spent solvents etc.) are stored in drums and kept in open place leading to environmental contamination.
e. The acid is storage tanks is found without dyke and valves found leaking and causing soil contamination. f. The unit is not having storm water management system, collection and treatment of the same. g. The unit is not having closed loop system for handling of solvents.
h. The existing Forced Evaporator for the treatment of effluent found dysfunctional.
i. There is an existing open well in the plant premises, open well sample was collected for analysis (GW5), the analysis results are discussed at section 5 (iii). The well water has shown the High COD of 594 mg/L, TDS 28 of 3484 mg/L and Ammonia of 56.7, confirms the ground water contamination.
j. Regional Officer of Karnataka State Pollution Control Board informed that the unit was called for personnel hearing based on the violations on 25.10.2019 and after hearing it was decided to Initiate action under section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981.
6.7 M/s. Chiral Biosciences Ltd.
The unit is categorized as Small Red, was inspected on November 26, 2019, found not operating. The consent issued under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 by KSPCB expired on 30.06.2017, further the consent is not renewed and KSPCB has issued closure notice for not obtaining the Environmental Clearance form and not commissioning of MEE during March 2017. The observations of the committee are:
a. The unit is not having valid CFO and closure order issued by KSPCB for non-compliance during June 2016. The electric supply of the industry has been disconnected by GESCOM.
b. The unit has not displayed the consent and authorization validity, H.W. generated details at the entrance of the unit as per the direction of Supreme Court Order in W.P.(C)657/1995.
c. Hazardous wastes (process residue, spent solvents etc.) are stored in drums. There is need to inventory and the same shall be immediately disposed through 29 KSPCB authorized re-processors / co-processing in cement plants with an approval of KSPCB. d. Boiler ash generated from the coal fired boiler is stored in open place, need to be stored and disposed properly. e. The unit is not having storm water management system, collection and treatment of the same. f. The unit has not having closed loop system for handling of solvents to reduce the solvent loss. g. The process area flooring is not provided with spillage collection pits.
h. The unit has provided OCEMS system but found offline due to closure of unit"
14. They have made a status of identified industries and also recommendations as follows:-
"(e) Status of identified industries:
The applicant in its application mentioned that the respondents No.5 to 11 are not treating their trade effluent and have not established the ETP and even established the treatment of the ETP is kept as showcase. The compliance status of such industries is:
The operating industries are M/s. Corvine & Pharmaceuticals Ltd, M/s. Suryakala Laboratories Pvt. Ltd, M/s. Chandra Life Sciences (P) Ltd, and M/s. Syntho Chirals Private Ltd. The remaining industries M/s. Sri Lakshmi Chemicals Pvt. Ltd, M/s. Wohler Laboratories Pvt. Ltd and M/s. Chiral Bio- sciences Ltd. are not operating. All operating industries hare having valid consent under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. Whereas, among operating industries, two 30 industries namely M/s. Chandra Life Sciences (P) Ltd and M/s. Syntho Chirals Private Ltd are not having valid Hazardous Waste Authorization applied for renewal.
All non-operating industries are not having consent and Hazardous waste authorization. The industries are mostly depending on either open well & bore well or tanker water for their industrial use. But, none of the industries have obtained NOC from the Karnataka Ground Water Authority (KGWA) for usage of ground water for industrial use. None of the industries are having 100% closed loop system for handling of solvents used in the process to reduce the solvent loss and colour code. All the operating and non-operating industries are found with improper storage/open storage hazardous wastes, such as process residue, ATFD salt, solvent drums, spent solvents etc., inadequate storage shed, not provided with proper spillage collection pit, daily generation records and inventory are fond not in order etc. The acid storage tanks are not provided with dyke and acid proof tiles to avoid soil contamination in case of leakage.
Coal/briquettes are used as fuel in the boilers, and ash generated not handled properly to avoid fugitive dust emission.
The industries are not provided collection tanks for collecting surface runoff during rainy days and reutilize the same after treatment. Presently, the surface runoff are discharged to storm water drains, may lead to contaminating surface water body.31
All the operating industries have provided effluent treatment system i.e. Multiple Effect Evaporator & Agitated Thin Film Drier for handling low TDS and high TDS effluent and to achieve Zero Liquid Discharge (ZLD) as per KSPCB. None of the industries are segregating their waste as low TDS and high TDS, the entire effluent is treated through MEE followed with ATFD. The salts generated are disposed to Common TSDF.
Based on the effluent sampling, it is noted that the raw effluent TDS ranges 9394 to 97842 mg/L, COD ranges 6742 to 9020 mg/L, and pH ranges 7.5 to 12. Whereas, the treated effluent (MEE condensate) COD ranges 1792 to 7606 mg/L and TDS range 60 to 3128 mg/L, the result confirms the improper operation of MEE condenser and condensate generated is not suitable for recycling as cooling tower make up water.
All the operating units have provided with Online Continuous Monitoring System (OCEMS), the Flow meter installed at the condensate line is connected to CPCB/KSPCB.
The open wells reported with COD ranges 66 to 594 mg/L, TDS ranges 608 to 6540 mg/L, the high COD & TDS is noted in the open wells of non-operating industries i.e. P.R. Drugs Pvt. Ltd and M/s. Wohler Laboratories Pvt. Ltd, confirms the contamination of ground water due to influence of industrial effluent.
(f) Status of CETP The Common Effluent Treatment Plant (CETP) of capacity 1.2 MLD, which is planned for Kolhar Industrial Area by KIADB. The construction of CETP 32 is in progress, may take more than a year to complete the same.
8. Recommendations of the Committee
a) All the Bulk Drug & Pharmaceuticals, Chemicals industries operating in Kolhar Industrial area shall install Flow meter for their water consumption, raw effluent generation and treated effluent. Also the day wise record of the same shall be maintained in separate log book.
b) The industries having OCEMS system i.e. Camera and Flow meter for units achieving Zero Liquid Discharge for reusing the condensate water for cooling tower makeup/boiler feed need to install online sensor for pH and TDS to achieve the desired quality of condensate water.
c) To immediately dispose the existing storage of hazardous wastes to the authorized agency for recycling /final disposal as authorized. Also to renovate the existing Hazardous Waste Storage shed for adequate capacity to accommodate all type of Hazardous Waste authorized by KSPCB and strictly to dispose within 90 days. The H.W. storage area shall be provided with free access, spillage collection pit of required size, impervious flooring, turbo ventilator for venting and free from rain water entry to the storage area. To maintain daily records of Hazardous Waste generated and storage inventory accordingly as per HWM Rules, 2016.
d) To have a roof top rain water harvesting and surface run off management by providing adequate collection tank with level switch to pump the water for further treatment at ETP as reutilization for industrial use 33 etc. Mechanical flow meter shall be provided for the rain water pumped to the ETP and record of the same shall be maintained. Surface runoff outlet to the storm water drains shall be permanently plugged and ensure there shall not be any discharge.
e) The units shall ensure the permanent pipeline for carrying effluent and treated effluent, there shall not be any lose pipeline carrying effluents.
f) The units shall ensure the handling of solvents by closed loop system with colour coding and in case of difficulties in implementation for some of the solvents due to fewer requirements; necessary approval may be obtained for KSPCB.
g) To ensure that all the acid / alkali storage tank and scrubber tanks are provided with acid proof tiles and dyke.
h) To discontinue the septic tank for managing their domestic sewage for probable reporting of Ammonia in Ground water, and to install septic tank followed with Phytorid treatment to avoid ground water contamination due to discharge of untreated domestic sewage.
i) To implement the recommendations of National Geophysical Research Institute (NGRI) study, the recommendations are:
i. No liquid waste disposal be allowed within the industrial area as in-situ infiltration rate of laterite is high. The industrial is vulnerable for fast contaminant migration based on large thickness of high permeability of weathered and semi-weathered laterite formations. ii. Unused open wells in the industrial area need to be protected from surface water 34 contamination during rainy season through storm water runoff.
iii. The unused wells may be thoroughly cleaned through ground water pumping to arrest migration of contaminant to the downstream area.
iv. Stagnation of storm water should be avoided in industrial area otherwise it may drive the nascent elevated concentrations to the downstream areas.
v. Industrial area should have a Common Effluent Treatment Plan (CETP) outside the industrial area and all industries should send their partially treated effluents for treatment in the CETP.
j) As recommended above by NGRI, the Karnataka Industrial Areas Development Board (KIADB) has to complete the construction of CETP on war foot to cater the need of the Kolhar industrial area in time bound manner. Also as committed, to execute the water supply project from Karanja River to cater the need of industries located in Kolhar Industrial Area, to conserve and avoid exploitation of ground water.
k) KSPCB has to continue the monitoring of ground water and surface water at all identified locations to know the ground reality.
l) The Local Area Committee (LAC) constituted for severally polluted area i.e. Kolhar Industrial Area, Bidar, Karnataka shall modify the action plans and accordingly including industry specific action plans for implementation and improvement of the area.
Also, KSPCB has to implement imposing interim 35 environmental compensation as directed by Hon'ble NGT in O.A. No.1038 of 2019."
15. They have not mentioned about the effect of operation of these industries in River Manjira from where water supply is being given to the local people. Though, there was an undertaking given by the industrial board namely KIADB, that they will provide clean water from Manjira River to the industries located but that project has not yet started.
16. Further, the work of CETP has not been completed and it has not started functioning as well. There is nothing mentioned in the report as to how much time is required for completion of this project and make the CETP functional. They have also not made any attempt to find out whether the drinking water supply to the people in that area confirms to the standard of drinking water quality and if it is not then what is the reason for the same.
17. They did not even assess the environmental compensation for the damage caused to the environment and also trace out the persons responsible for the same.
18. There is no specific remedial measures provided in the report with specific time lines to implement the same as well and if so, who has to carry out the same and whether the area is an 36 area falling under OCS category or Critical or Semi Critical in respect of water availability and if so, whether necessary permission has been obtained from the concerned authorities for extraction of ground water for industrial purpose and if it is done illegally, what are the steps taken by the authorities regarding the same as well.
19. The committee shall go into these aspects and submit a detailed comprehensive report within a period of three months to this Tribunal. In the mean time, parties are also directed to submit their response.
20. Post the matter on 29.05.2020.
.....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.34/2019, 24th February, 2020.
Mn.
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