National Green Tribunal
Dr. Joydeb Dash vs Ministry Of Mines on 29 July, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No.88/2020/EZ
(I.A. No.176/2022/EZ)
IN THE MATTER OF:
Dr. Joydeb Dash
Aged about 62 years,
S/o Late Nagendranath Dash,
At- Master Colony, Rajgangpur,
P.O./P.S.- Rajgangpur,
District- Sundargarh-770017, Odisha
....Applicant(s)
Versus
1. Union of India
Represented through its
Secretary Mines Department,
At Shastri Bhawan,
Dr. Rajendra Prasad Road,
New Delhi-110001
2. Ministry of Environment and Forest and Climate Change
Represented through its Secretary,
At- Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi-110003
3. Sate Pollution Control Board, Odisha
Represented through its Member Secretary,
At- Paribes Bhawan, A/118, Nilakantha Nagar,
Unit-8, Bhubaneswar, District- Khurda-751012
4. Rajgangpur Municipal Council
Represented through the Executive Officer,
At/P.O./P.S.- Rajgangpur,
District- Sundargarh- 770001
5. Tahasildar, Rajgangpur
At/P.O./P.S.- Rajgangpur,
District- Sundargarh-770001
6. Divisional Forest Officer
Rourkela-4, District- Sundargarh-769004
1
7. M/s Dalmia Cement Bharat Limited
Formerly M/s OCL India Limited, Rajgangpur,
Represented through its Managing Director,
At/P.O./P.S.- Rajgangpur,
District- Sundargarh-770017
....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Rajiv Kumar Mahanta, Advocate
COUNSEL FOR RESPONDENTS:
Mr. Debasish Ghosh, Advocate for R-2,
Ms. Papiya Banerjee Bihani, Advocate for R-3,
Mr. Prasenjeet Mohapatra, ASC for R-5 & 6,
Mr. Abhrajit Mitra, Sr. Advocate a/w
Mr. Anuj Kumar Singh, Advocate,
Mr. Rohan Talwar, Advocate,
Ms. Amrita Pandey, Advocate,
Mr. Ghanshyam Pandey, Advocate &
Ms. Sneha Singh, Advocate for R-7
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On: - 25th July, 2022 Pronounce On: - 29th July, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the parties and perused the documents on record.
2. This Original Application has been filed by the Applicant stating that the Respondent No. 7-M/s Dalmia Cement Bharat Limited, District Sundargarh had been granted about 91.95 ha. of 2 land for construction of its cement factory Line-1 and thereafter, over a period of time, Line-2 and Line-3 have also been constructed by the respondent factory and they have been granted the environmental clearance and other statutory clearances including consent to operate.
3. The submission of the learned Counsel for the Applicant is that as per the stipulation for setting up of the factory, the Respondent No. 7 was required to have a green area over at least 33% of the total land which comes to around 31 ha. and over this area the Respondent No. 7 was required to plant about 25,000 trees of different varieties as specified by the Forest Department. The allegation however is that the Respondent No. 7 has not planted a single tree till date.
4. The allegation further is that the Respondent No. 7 has not constructed any Sewage Treatment Plant (STP) nor has set up any plant for harvesting of rain water from roof tops or storm water drains for purposes of recharge of ground water.
5. At the time of admission, the Tribunal constituted a Committee comprising of the following members: -
(i) Senior Scientist from the Integrated Regional Office, MoEF&CC, Bhubaneswar, Odisha;
(ii) Senior Scientist from Odisha State Pollution Control Board;
(iii) Divisional Forest Officer (DFO), Rourkela, District Sundargarh, Odisha; and 3
(iv) District Magistrate/Collector, District Sundargarh, Odisha.
6. The Committee was directed to inspect the site and submit a detailed Report indicating the violations committed by the Respondent No. 7 in complying with the Environmental Clearance and Consent to Operate and also stating details of trees planted, rain water harvesting methods applied, whether Zero Liquid Discharge (ZLD) and dust control mechanism is in place; pollution caused to soil and water on account of improper discharge of waste water from the industry.
7. The Committee was directed to assess the ambient air quality test and water analysis of nearby water sources to test for pollution of air and water and if violation of environmental norms are observed, the Committee was directed to assess the Environmental Compensation as per CPCB guidelines caused on account of degradation of environment and also suggest remedial measures to rectify the damage caused to the environment.
8. Notices were issued to the Respondents and various respondents have filed their affidavits.
9. An affidavit dated 23.08.2021 along with a copy of the Report of the Committee constituted by the Tribunal vide its order dated 28.05.2021 has been filed by the Respondent No.2, Ministry of Environment, Forests and Climate Change highlighting certain deficiencies and violation of environmental norms and giving certain recommendations.
4
10. In the affidavit dated 23.08.2021, it was found that there were several deficiencies in the report of the Committee itself. The water analysis report had not been filed but the Committee stated that there is compliance of drinking water parameters with regard to Ph, Total Dissolved Solids, Total Hardness, Chloride, Iron and Fluoride. So far as Ambient Air Quality was concerned, it is stated that Continuous Ambient Air Quality Monitoring Stations were installed at Stations 1, 3 & 4, but the same were not found complying with the prescribed PM10 on some hourly average values.
11. As regards Zero Liquid Discharge, the Committee Report mentioned that there is no discharge of waste water outside and all the industrial and domestic waste water was being treated and used for different purposes like process for cooling, dust suppression, gardening and plantation etc. At the same time, there was a contradictory statement in the report where the Committee mentioned that surface run-off water from the Line 2 and Line 3 of the industry flows through a drain on to the outside land at Buradihi village and Surudihi Nalla respectively. The Committee had also not categorically stated whether the unit is Zero Liquid Discharge (ZLD) compliant.
12. The Committee Report also noted that during the inspection visit pungent chemical smell for mixing pharmaceutical waste with coal before feeding into Clinker Rotary Kiln of Line 1 was observed and there were complaints from nearby residents including local MLA regarding the same and the industry was also directed by the 5 Regional Officer, Rourkela, State Pollution Control Board, Odisha, to stop the above process in the open field. It was also found that the mixing system had stopped and the industry now proposed to provide closed mechanical handling system of the waste material to cease the pungent chemical smell. However, no timeline had been given for setting up of such mechanical handling system. It was also mentioned in the report that a pumping station will be installed to pump the waste material from barrels to the pre-heater and kiln of Line 1. Again, no timeline had been mentioned for initiation or completion of the said project.
13. In spite of these deficiencies, the Committee Report mentioned that there was no violation of environmental norms for the purpose of assessment of environmental compensation as per the Central Pollution Control Board's Guidelines. Nevertheless, the following recommendations were made by the Committee which read as under:-
"1. Burning of pharmaceutical wastes shall remain shut till the closed mechanical handling system of the waste material is commissioned.
2. Surface runoff water management from Line 2 and 3 of the industry shall be done within six months to stop outside discharge and use the treat waste water for different purpose inside the industry premises.
3. Compensatory plantations of 25,000 nos. shall be completed within this monsoon season. 4. Project shall achieve the proposed plantation density of 1500 trees per hectare mentioned in the EC dated 2018 as per the stipulated time frame mentioned in the said EC. 5. Action plans for non- compliances observed on conditions of environmental clearance 6 and consent to operate shall be submitted to respective authorities within one month."
14. The Tribunal, therefore, directed the Committee to again visit the site in question and make a fresh assessment for compliance of all the environmental parameters and to assess the Environmental Compensation for deficiencies leading to damage caused to environment and submit a report in this regard.
15. The Respondent No.3, Odisha State Pollution Control Board in its affidavit dated 07.12.2021, has filed the Analysis Report on the Ambient Air Quality as Anneuxre-R-3/1 which is extracted herein below: -
Sr. No. Locations Parameter Result Prescribed (µg/m3) Standard (µg/m3) 1 Near Block-I area PM10 58 100 of Colony 2 Near Workshop PM10 92 100 Area of Line-II 3 Near STP Area of PM10 89 100 Line-III & Line-I A Waste Water Analysis Report dated 13.07.2021 has also been filed which reads as under: -
Sl. Point of pH Total Total Chloride Iron Fluoride No. sampling Dissolve Hardness (mg/L) Mg/L) (mg/L) Solid (as CaCO2) (mg/L) (mg/L) 1 Tube well 8.0 113 150.78 55.00 0.02 0.12 inside Anganawadi Kendra of IR Colony, Rajgangpur Prescribed 6.5-8.5 500 200 250 0.3 1.0 Standard for Drinking Water (IS: 10500-
2012) Method of Electrometric Gravimetric EDTA Argentometr Phenan Ion-Selective 7 Analysis Method Titrimetric ic throline Electrode Method Method Method Method
16. The Respondent No.7, Project Proponent, has filed a short affidavit dated 02.03.2022, with regard to Ambient Air Quality and it is stated that Continuous Ambient Air Quality Monitoring Systems (CAAQMS for short) are located in the premises and for the month of June, 2021, the daily average results comply with the prescribed standards of PM10, whereas only the hourly averages at Stations 1, 3 & 4 did not comply with the prescribed standards on some dates. As regards PM2.5, it is stated that the same was under
the prescribed limits except for hourly average on 14.06.2021 in Station 3. A table has been filed mentioning the dates of June, 2021 showing non-compliance of prescribed standards of PM10 and PM2.5 which reads as under: -
Station No. Dates of June, 2021 of non-compliance of prescribed standards of PM10 or PM2.5 1 2nd June 3 14th, 23rd & 28th June 4 22 nd, 25th & 30th June
17. The Committee constituted by the Tribunal submitted a Joint Inspection Report of an inspection of the site carried out on 21.12.2021 & 22.12.2021. The observations of the Committee are extracted herein below: -
"Observations: -
I. Air Quality:
The Joint Committee visited the various locations in the plant where Continuous Ambient Air Quality Monitoring Station 8 (CAAQMS) have installed and monitoring was being carried out.
Total four nos. of CAAQMS have been installed and the online data transmitted to the State Pollution Control Board server. The locations located within the industrial plant complex were as follows:
Sl. No. Station Name CAAQMS Station as per connection with SPC Board Server 1 Station 1 RG Club (CAAQMS-2) 2 Station 2 Line-2 Workshop (CAAQMS-1) 3 Station 3 New Colony (CAAQMS-5) 4 Station 4 STF (CAAQMS-5) The parameters of ambient air quality being monitored were PM10 and PM2.5. Online data from State Pollution Control Board, Odisha (Online Pollution Monitoring Portal) from July 2021 to September 2021 are enclosed for reference.
Further, Ambient air quality monitoring was also conducted at following 3 locations at inside plant premises namely at the following station locations:
i. Near Block-I area of Colony ii. Near Workshop Area of Line-II iii. Near STP area of Line-II & Line-I From the above data submitted by the Odisha State Pollution Control Board, Regional Officer, Rourkela, it is noted that all the parameters are within the prescribed limits.
II. Water Quality Parameters It was noted that the industrial project has two Sewage Treatment Plants (STPs) within their industrial cum residential campus. The two STPs are of the following capacities 1800 KL/D and 300 KL/D. 9
2. Common STP of capacity-1300 KL/day operates to treatment of the domestic waste water of Colony and Line 1 & 3 and 300 KL/day capacity STP is for the treatment of the domestic waste water from Line 2. The treated waste water, from both the STPs is used in the industrial process, dust suppression, gardening and plantations. A water sample was collected from outlet of STP and from the analysis report, it is noted that the parameters are within the prescribed limits.
3. The industry has installed an Effluent Treatment Plant (ETP) of capacity-2200 KL/day situated in Line-1 and treated water is used for cooling, dust suppression etc.
4. to ascertain the drinking water quality in the area, one sample was collected from Tube Well inside Anganwadi Kendra of IT Colony. All the parameters are found to be within the permissible limits.
5. The Joint Committee also observed that the project authorities have constructed a large ponding area constructed at Line III for collecting all the surface water runoff from the industry as well as any other areas within the campus, as siltation pond to comply with the 'Zero discharge'.
6. The Committee had observed that a Municipality drain was passing through the Dalmia Cement Industry cum Residential complex. This drain was carrying municipal discharge from the Rajgangpur town and the water was being discharged at Surudih nalla located in the downstream of the industry. The water samples collected from the Surudihi nalla reveals that there is relatively high Total Dissolved Solids (TDS) and BOD. It is found that there was no discharge into the municipality nalla by the industry or from its residential areas which indicates that the water in upstream could have been used for anthropogenic activities.10
STATUS OF COMPLIANCE OF THE RECOMMENDATIONS OF THE EARLIER JOINT COMMITTEE Sl. Recommendation Status of Remarks No. Compliance i. Burning of The project had Complied pharmaceutical wastes stopped burning of shall remain shut till the pharmaceutical the closed mechanical wastes till the handling system of the closed mechanical waste material is handling system of commissioned. the waste material is commissioned.
ii. Surface run off water A storage pond has Complied
management from Line been constructed
2 and 3 of the industry for storing the
shall be done within surface run off
six months to stop from Line 2 and 3.
outside discharge and
use the treat waste
water for different
purpose inside the
industry premises.
iii. Compensatory The Divisional Complied
plantations of 25,000 Forest Officer in
numbers shall be his report has
completed within this stated that his
monsoon season. team had
conducted
enumeration of the
plantation in the
11 zones over an
area of 40 acres in
which 27778
numbers of
plantations have
11
been raised to
create green belt.
iv. Project shall achieve The enumeration of Complied
the proposed plantation report
plantation density of along with the visit
1500 trees per hectare to site within and mentioned in the EC outside the plant dated 2018 as per the area reveal that stipulated time frame the condition has mentioned in the said been duly fulfilled EC. and implemented.
v. Action plan for non- The project Complied
compliances observed authorities have
on conditions of submitted and
environmental completed the plan
clearance and Consent for construction of to Operate shall be storage water pond submitted to respective for the surface run authorities within one off from Line 2 and month. 3. They have raised plantations within and outside the plant area.
Zero Liquid discharge (Tribunal Order Para 6)
1. It was observed that M/s. Dalmia Bharat Cement Limited Colony of Block joins is not discharging any waste water to outside the plant premises. They are complying with the 'Zero Liquid Discharge'.
2. The unit has provided one siltation pond inside Line-III into which surface runoff is to be drained into for collection and further use in compliance to zero liquid discharge. Issue of Pungent Smell (Tribunal Order Para 7): 12
Earlier, the storage area was open and there was a bad odour and pungent smell emanating from the site due to storage of organic and pharmaceutical wastes. During inspection it was found that the whole of the storage area, where organic as well as pharmaceutical wastes were being stored has been totally covered with hood and there was no smell emanating to the outside. The mixing of organic waste was not done at Line-3 to avoid pungent chemical smell present. The unit has stopped the mixing of organic waste containing 70-80% in Liquid form since June 2021 at Line 1. However, petrochemical refinery waste in dry forming being mixed with coal to be used as alternative fuel.
Assessment of Environmental Compensation:
The parameter of PM2.5 of the air quality had been recorded readings higher than the prescribed norms at the station RG Club for a period of 29 days during the months of July-August, 2021.
As per the prescribed guidelines issued by the Central Pollution Control Board (CPCB) the environment compensation has been calculated.
The environmental compensation has been calculated based on the following formula.
EC= PI x N x Rx S x LF Hence, Environmental Compensation (EC) is calculated as= PI x N x R x S x LF= 80 x 29 x 500 x 1.5 x 1.0= Rs.17,40,000/- (Seventeen lakhs forty thousand only). Details on the calculations have been provided as Annexure-VI.
Plantation Report The Joint Committee has accepted the report on the tree enumeration of the plantation raised by M/s Dalmia Cement (Bharat) Limited, Rajgangpur was submitted by the Divisional Forest Officer, Rourkela Division. The report is enclosed as Annexure-VII.13
As per the said report, the 27778 number of trees planted over on area of 40.04 acres in 11 zones of the industrial area to create a green belt.
Conclusion and recommendations:
1. It is reported by the Committee that the ambient air quality have been exceeded for 29 days from July-September, 2021.
2. Due to high readings recorded in PM10 and PM2.5 at CAAQMS Station Workshop, Club, STP and New Colony the environmental compensation is calculated as Rs.17,40,000/- (Rupees Seventeen lakhs forty thousand only).
3. It is recommended that:
(a) Surface runoff treatment system consisting of sedimentation through settling tanks/ponds in series followed by high rate clarification through, clariflocculator/tube settlers may be installed by the project proponent as per special condition of consent to operate order issued by the State Pollution Control Board, Odisha.
(b) Mechanized wheel washing system along with effluent treatment and recycling facilities for raw material/product/solid waste transportation vehicles at the exit point of the industry at Line-III shall be provided as per special condition of consent to operate of State Pollution Control Board, Odisha.
Online Pollution Monitoring Portal Site me: M/s Dalmia Cement Bharat Limited (Formerly OCL INDIA Limited) From Date: 2021/07/01 To Date: 2021/09/30 Report me: Custom Report Report Created by OSPCB Regulator on 2022-02-09 16:19:46 Sl. Time CAAQMS_ 1 CAAQMS_1 CAAQMS_ CAAQM CAAQMS_ CAAQMS_3 _ CAAQMS_S CAAQMS No. _ Line2 _ Line2 2 Club_ S_ 2 3 _ STP- STP-PM2.5_U New _ _S New _ _Workshop- _Workshop- Station- Club_ PM10_U Colony- Colony- PM10_U PM2.5_U PM10_U Station- PM10_U PM2.5_U PM2.5_U 14 1 2021-07-01 25.95 7.06 9 0 16.99 5.29 77.55 48.44 2 2021-07-02 30.65 6.63 7.21 0 9.17 6.91 8.06 7.31 3 2021-07-03 9.04 4.02 6.87 0 10.3 5.59 11.02 7.88 4 2021-07-04 14.43 2.42 9.49 193.81 8.93 5.36 48.98 17.23 5 2021-07-05 82.5 10.18 8.49 161.57 26.49 9.22 107.42 33.16 6 2021-07-06 35.23 6.83 19.01 177.27 22.55 10.32 65.82 41.92 7 2021-07-07 18.78 7.26 18.8 166 10.78 6.95 66.35 5.73 8 2021-07-08 296.16 6.06 7.46 1.57 5.17 7.03 59.97 10.68 9 2021-07-09 306.69 15.4 9.5 98.9 8.92 5.6 92.56 11.56 10 2021-07-10 18.63 11.19 7.51 22.65 3.66 5.33 75.87 6.72 11 2021-07-11 14.72 6.76 8.12 34.89 12.69 7.78 100.07 7.81 12 2021-07-12 2.65 2.67 3.77 84.75 8.85 3.79 163.08 5.66 13 2021-07-13 18.36 10.31 5.32 29.05 2.26 14.2 159.09 8.18 14 2021-07-14 9.09 3.02 8.41 146.58 0 4.53 287.45 1.63 15 2021-07-15 11.04 5.35 8.08 104.36 0 5.18 14.58 1.52 16 2021-07-16 9.34 3.57 6.34 466.24 0 2.11 25.01 1.64 17 2021-07-17 28.09 5.49 10.86 292.02 0 0 24.85 1.7 18 2021-07-18 21.21 7.26 29.55 222.54 0 0 25.44 1.72 19 2021-07-19 18.85 11.01 9.13 45.23 23.75 28.49 24.95 1.57 20 2021-07-20 22.6 12.24 14.4 134.62 36.81 26.32 25.24 1.54 21 2021-07-21 29.87 10.29 8.89 166.11 7.06 9.23 25.35 1.48 22 2021-07-22 13.5 15.28 9.41 33.71 8.37 11.84 23.85 1.52 23 2021-07-23 12.73 10.35 7.63 151.49 23.75 18.31 39.33 0 24 2021-07-24 21.43 2.17 4.61 45.78 6.85 6.89 21.93 0 25 2021-07-25 21.6 13.99 12.11 251.72 11.78 6.45 28.86 0.04 26 2021-07-26 25.9 5.9 11.23 253.69 8.14 13.6 22.42 0.47 27 2021-07-27 22.07 14.67 6.42 58 12.18 12.2 26.16 0.23 28 2021-07-28 23.84 1 5.8 0 5.72 6.6 25.7 0.25 29 2021-07-29 25.6 1.25 6.89 0 5.09 5.36 26.24 0 30 2021-07-30 31.95 1.99 9.18 0 3.74 10.03 26.02 0 31 2021-07-31 23.58 1.66 10.04 171.76 12.7 9.84 27.05 0 32 2021-08-01 23.62 3.84 10.09 460.16 5.29 7.29 22.09 0 33 2021-08-02 33.98 5.99 8.28 85.77 8.33 3.94 24.6 0 34 2021-08-03 34.63 3.78 9.43 0 2.7 7.01 25.67 0 35 2021-08-04 32.27 4.68 13.75 0 10.22 5.89 26.7 0 36 2021-08-05 61.6 4.9 15.75 0 7.83 7.83 25.81 0 37 2021-08-06 35.01 5.72 12.89 0 4.22 7.22 25.72 0 38 2021-08-07 38.61 11.2 14.6 0 7.43 8.28 25.13 0 39 2021-08-08 26.07 17.4 10.29 0 6 7.32 24.78 0 40 2021-08-09 27.49 7.29 17.23 0 35.63 22.04 26.2 0 41 2021-08-10 39.85 5.66 14.37 0 7.62 17.12 26.17 0 42 2021-08-11 30.11 6.54 8.29 0 14.16 4.07 25.51 0 43 2021-08-12 26.19 12.58 10.96 0 9.7 6.87 26.39 0 44 2021-08-13 29.43 8.06 10.92 0 14.27 7.36 25.92 0 45 2021-08-14 66.17 9.18 11.42 0 10.11 15.15 25.19 0 46 2021-08-15 25.18 9.45 9.6 0 7.1 7.77 25.86 0 47 2021-08-16 33.35 11.44 8.94 0 20.35 16.16 15.98 0 15 48 2021-08-17 10.07 18.37 4.69 0 12.53 7.38 0 0 49 2021-08-18 10.14 6.54 3.63 0 9.78 6.27 0 0 50 2021-08-19 10.32 15.39 5.31 0 12.14 7.61 0 0 51 2021-08-20 39.31 1.33 6.21 0 6.64 4.98 0 0 52 2021-08-21 13.19 11.17 9.2 0 13.61 10.38 0 0 53 2021-08-22 22.15 12.57 6.99 0 4.86 6.19 0 0 54 2021-08-23 32.58 12.05 9.1 0 4.48 4.48 0 0 55 2021-08-24 38.14 5.48 9.59 0 6.07 9.51 0 0 56 2021-08-25 45.15 10.11 13.76 0 9.22 9.75 13.82 0 57 2021-08-26 25.28 9.55 8.24 0 5.57 6.84 43.54 0 58 2021-08-27 22.57 6.51 6.35 0 16.33 3.93 35.4 0 59 2021-08-28 154.55 2.74 8 0 4.99 7.36 39.86 0 60 2021-08-29 7.58 2.92 4.16 0 5.63 4.25 52.76 0 61 2021-08-30 14.14 4.3 5.21 0 6.57 3.7 32.68 0 62 2021-08-31 9.65 12.46 4.03 0 29.01 3.43 31.11 0 63 2021-09-01 148.97 3.92 25.89 35.77 45.49 1.24 29.7 0 64 2021-09-02 58.74 4.19 38.59 5.46 27.1 18.67 43.14 0 65 2021-09-03 30.89 6.58 13.24 9.39 34.2 5.98 116.05 0 66 2021-09-04 22.6 11.48 8.17 4.32 29.48 5.44 19.45 0 67 2021-09-05 29.4 4.5 9.46 79.33 27.19 5.34 77 0 68 2021-09-06 23.48 18.79 3.31 64.64 49.43 6.25 35.16 0 69 2021-09-07 4.94 1.9 10.41 145.11 51.21 16.18 8.1 0 70 2021-09-08 14.71 3.49 12.96 67.5 54.31 9.38 1.97 0 71 2021-09-09 22.48 4.64 5.89 0 20.06 4.03 5.54 0 72 2021-09-10 17.82 5.88 7.82 0 49.44 10.08 9.13 0 73 2021-09-11 10.27 1.89 8.37 0 51.38 6.41 9.67 0 74 2021-09-12 7.83 1.09 1.81 0 34.72 5.92 3.9 0 75 2021-09-13 3.93 0.84 7.74 0 19.65 2.09 10.76 0 76 2021-09-14 6.61 0.95 9.24 0 0 0 5.46 0 77 2021-09-15 9.43 34.29 13.58 0 0 0 11.5 0 78 2021-09-16 30.19 6.32 0.74 0 10.91 4.17 2.51 0 79 2021-09-17 31.34 5.84 2.53 0 24.92 7.25 7.96 0 80 2021-09-18 31.35 9.42 3.34 0 24.91 4.79 11.19 0 81 2021-09-19 13.17 3.98 20.92 0 16.27 4.08 12.26 0 82 2021-09-20 22.19 4.63 19.83 0 40.68 12.91 12.83 0 83 2021-09-21 11.7 3.82 21.32 0 25.26 7.52 8.36 0 84 2021-09-22 10.84 1.49 21.11 0 14.01 2.87 11.58 0 85 2021-09-23 18.32 3.66 6.46 0 27.43 8.2 8.27 0 86 2021-09-24 11.12 1.95 4.13 0 28.36 7.26 8.69 0 89 2021-09-27 5.87 4.14 3.61 0 25.56 4.23 6.39 0 90 2021-09-28 5.48 3.32 2.11 0 12.34 4.25 8.17 0 91 2021-09-29 10.39 4.85 2.87 0 12.34 3.24 8.24 0 92 2021-09-30 16.74 1.17 4.27 0 12.67 7.05 7.55 0 93 Prescribed 0-100 0-60 0-100 0-60 0-100 0-60 0-100 0-60 Standard ** Highlighted values indicate exceed 16
18. The Respondent No.2, Ministry of Environment, Forests and Climate Change in its affidavit dated 26.04.2022 has filed the same Joint Inspection Report.
19. So far as compliance of the recommendations of the earlier Joint Committee are concerned, the Inspection Report so far as burning of pharmaceutical wastes is concerned, has reported that the project had stopped burning of pharmaceutical wastes till the closed mechanical handling system of the waste material is commissioned and this has been complied with.
20. So far as surface run off water management from Line 2 and Line 3 of the industry and to stop outside discharge and use the treated waste water for different purpose inside the industry premises is concerned, the Committee has noted that the storage pond had been constructed for storing the surface run off from Line 2 and Line 3 and this condition has also been complied with.
21. So far as Compensatory plantations of 25,000 trees is concerned, the Committee notes that the Divisional Forest Officer in his report has stated that his team had conducted enumeration of plantation in 11 zones over an area of 40 acres in which 27778 trees have been planted to raise and create the green belt and this condition has also been complied with.
22. So far as Project Proponent achieving the proposed plantation density of 1500 trees per hectare mentioned in the Environmental Clearance dated 2018 is concerned, the report mentions that the 17 enumeration of plantation report along with the visit to the site within and outside the plant area reveal that the condition has been duly fulfilled and implemented.
23. As regards Action Plan for non-compliance observed with regard to the conditions of Environmental Clearance and Consent to Operate, the Committee notes that the Project Authorities have submitted a complete plan for construction of storage water pond for the surface run off from Line 2 and Line 3 and have raised plantations within and outside the plant area.
24. So far as achieving 'Zero Liquid Discharge', the Committee notes that the Project Proponent is not discharging any waste water to outside the premises and are complying with the 'Zero Liquid Discharge'. The Unit has provided one siltation pond inside Line 3 into which surface runoff is drained for collection and further use.
25. As regards emanating of pungent smell, the Committee notes that earlier the storage area was open and there was a bad odour and pungent smell emanating from the site due to storage of organic and pharmaceutical wastes but during the inspection it was found that the whole of the storage area, where organic as well as pharmaceutical wastes were being stored has been totally covered with hood and there was no smell emanating to the outside. The mixing of organic waste was not done at Line 3 to avoid pungent chemical smell and the Unit has stopped the mixing of organic wastes containing 70-80% in liquid form since June, 2021 at Line 18
1. It is also stated that the petrochemical refinery waste in dry form is being mixed with coal and is being used as alternate fuel.
26. Mr. Abhrajeet Mitra, learned Senior Counsel appearing for the Respondent No.7, Project Proponent, submitted that the computation of Environmental Compensation at Rs. 17,40,000/- (Rupees Seventeen lakhs forty thousand only) is highly excessive and it notes higher readings than the prescribed norms at Station RG Club for a period of 29 days of July and August and on that basis the Environmental Compensation has been calculated which is absolutely incorrect since, the chart filed along with the Joint Inspection Report under the heading of RG Club Station, PM2.5, the number of days of violation when computed does not add up to 29 days.
27. The Respondent No.7 has also filed an I.A. No.176/2022 dated 20.07.2022, with the prayer that the Joint Inspection Report dated 26.04.2022 with observations contained therein with regard to PM2.5 and the computation of Environmental Compensation amounting to Rs. 17,40,000/- (Rupees Seventeen lakhs forty thousand only) be not accepted and a fresh independent inspection be directed to be conducted by a Government Institution or a recognized Government Institution with regard to Ambient Air Quality parameters at RG Club Station of the Respondent No.7, Cement Plant.
28. It is interesting to note that in this Interlocutory Application, the stand taken by the Respondent No.7 in his defence, with regard 19 to the findings of the Joint Inspection Report, are that the spike in PM2.5 are solely attributable to a technical defect in the Air Quality Monitoring Equipment at the RG Club, Air Quality Monitoring Station.
29. We may note here that the Ambient Air Quality Monitoring Equipment has been installed by the Respondent No.7 itself therefore, the contention of the learned Senior Counsel that the Committee should have ignored the readings recorded by the Air Quality Monitoring Equipment installed by Respondent No.7 at RG Club Station, and instead, should have made its own fresh independent assessment of the Ambient Air Quality as per directions of the Tribunal in paragraph 9 of its order dated 25.11.2021, which has not been done by the Committee and therefore, the Joint Inspection Report and the findings therein so far as they relate to the Ambient Air Quality parameters, cannot be accepted and is rejected.
30. In our opinion, the submission of the learned Senior Counsel has absolutely no force. We may say so since the plea that the Air Quality Monitoring Equipment installed at the RG Club Station being defective, is a plea which has been taken by the Respondent No.7 for the first time in his Interlocutory Application and this plea was never taken in the short affidavit filed earlier by the Respondent No.7 in his affidavit dated 02.03.2022. This clearly shows that the plea that the Air Quality Monitoring Equipment installed by the Respondent No.7 at RG Club Station had a 20 technical defect, and therefore, it showed spike in the air quality on certain dates, is nothing but an afterthought of the Respondent No.7.
31. Even assuming that the Committee did not conduct a fresh inspection as directed by the Tribunal in its order dated 25.11.2021 that in itself would not absolve the Respondent No.7 of its primary responsibility of installing a perfectly functional Air Quality Monitoring Equipment at his plant or at the RG Club Station. In fact, the rules enjoin the Respondent No.7 to install Air Quality Monitoring Equipment and to ensure that the same is duly functional at all times.
32. We may also note that the Joint Inspection Report does not show a spike in the air quality standards at the Cement Plant of Respondent No.7 for all the dates and in fact the spike is only on few dates when the air quality at the Plant has exceeded the prescribed parameters. From this alone it can be safely assumed that the Air Quality Monitoring Equipment of the Respondent No.7 was functioning perfectly and properly and that is why it showed the air quality to be within the prescribed standards on certain dates and a spike in the air quality on other dates.
33. The submission of the learned Senior Counsel for the Respondent No.7 that the Joint Inspection Report mentions that the readings on 29 days are higher than the prescribed norms at the RG Club Station but the number of days are not borne out from the chart under the heading and in the column for PM2.5 and therefore, 21 the Inspection Report is an unreliable document and cannot be accepted and is liable to be rejected, for the reason that a perusal of the chart would show that not only the air quality standard was higher than the PM2.5 Prescribed Standard of 0-60 at RG Club Station, but even for the PM10 at Line no.2 workshop and PM10 standard at New Colony was much higher than the Prescribed Standard of 0-100 on certain dates. It may be seen that in the Inspection Report it has erroneously been mentioned that the number of days on which PM2.5 was found to be in excess at RG Club Station, was 29 days but that does not absolve the Respondent No.7 from the statutory requirement of maintaining air emissions standards at other locations of PM10 to be within the Prescribed Standards of 0-100. The Prescribed Standards are mentioned at the bottom of the chart at item no.93 which prescribes the acceptable PM10 standard at 0-100 and PM2.5 standard at 0-60 and when the dates on which the spike in air quality standards is noticed to exceed the Prescribed Standard for PM10 or PM2.5 as the case may be, the number of days, in our opinion, in any case certainly exceeds 29 days.
34. For reasons aforesaid, we do not find any illegality or infirmity in the Joint Inspection Report or in the assessment of Environmental Computation at Rs.17,40,000/- (Rupees Seventeen lakhs forty thousand only). Even otherwise the mathematical formula prescribed for computation of Environmental Compensation by the Central Pollution Control Board is only in the nature of a guideline and there cannot be a straightjacket formula 22 for determining or putting a monetary value on the death or the damage caused to human life and other life forms as a result of air quality standards exceeding the prescribed standards. There can never be an accurate or exact price fixed on human life or animal or plant life, and in strict terms, damage caused to human life or animal and plant life can never be compensated in monetary terms.
35. With the above observations, this original application is disposed of. The Respondent No.7 is directed to deposit the Environmental Compensation of Rs.17,40,000/- (Rupees Seventeen lakhs forty thousand only) with the Odisha State Pollution Control Board within a period of one month failing which it shall be open to the regulatory authority Odisha State Pollution Control Board to recover the same from the Respondent No.7 in accordance with law.
36. In view of the above, the I.A. No.176/2022/EZ is rejected.
37. There shall no order as to costs.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata July 29, 2022 Original Application No.88/2020/EZ (I.A. No.176/2022/EZ) MN 23