National Green Tribunal
Vinod Kumar Jangra vs State Of Haryana on 2 February, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 607/2018
(With report dated 10.12.2020)
Vinod Kumar Jangra Applicant
Versus
State of Haryana & Ors. Respondent(s)
Date of hearing: 02.02.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent(s): Mr. Rajkumar, Advocate for CPCB
Mr. Rahul Khurana, Advocate for HSPCB
ORDER
1. The issue for consideration is the remedial action for enforcement of the environmental norms under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 by the stone crushers in District Charkhi Dadri, Haryana.
According to the applicant, as per the RTI response of Haryana State PCB, dated 18.06.2019, 260 stone crushers are in operation in the District Charkhi Dadri, while according to the applicant the environment does not have capacity to sustain the same resulting in air and water pollution beyond norms.
2. This Tribunal considered the matter earlier, in the light of the reports furnished on 11.02.2019 and 24.04.2019 by the State PCB, about the ground situation. On both the occasions, the reports were found to be unsatisfactory. Vide order dated 25.04.2019, the Tribunal 1 directed the Chief Secretary, Haryana to look into the matter, including the conduct of the officers involved in giving reports and the failure of the State PCB in enforcing the law.
3. The matter was thereafter considered on 05.09.2019 in the light of the report of the Chief Secretary, Haryana dated 02.08.2019 to the effect that action was taken against nineteen (19) non-compliant stone crushers and was in process against twelve (12) more non-compliant stone crushers. It was found that the action taken was not adequate as admitted violation of norms of air quality was continuing and there was no adequate monitoring mechanism to enforce right of citizens to clean environment. Accordingly, the Tribunal directed the Chief Secretary, Haryana to take further action for enforcement of law for protection of environment and public health. The Tribunal also directed the Central Pollution Control Board (CPCB) to constitute a three-member team to give a composite report on the subject of air pollution and compliance of siting criteria. The Tribunal also directed establishment of air quality monitoring stations and to assess efficacy of pollution control devices by the stone crushers. The operative part of the order is as follows:
"3. The report of the Chief Secretary dated 02.08.2019 is that the matter was taken up with the Deputy Commissioner and the State PCB who reported that action has been taken against illegal and non-compliant stone crushers. Nineteen stone crushers were closed and action against twelve was in process. The report does not appear to be based on correct information in view of what has transpired during the course of hearing today. Even the officer of the State PCB from the ground level, who claims to have recently joined, has admitted that there is air pollution and no monitoring mechanism nor any monitoring equipment in the area.
4. In view of above, the Chief Secretary may take action against the persons giving false information and ensure that ground level action is taken to monitor the air quality and preventing pollution. For the purpose, carrying capacity assessment of the area may be done and credible monitoring mechanism established which does not appear to be in existence at this moment. The polluting activities may be closed, prosecution initiated 2 against the polluters and environmental compensation assessed and recovered. The siting criteria should also take care of inter-se location apart from distance from the habitation. These steps are necessary for enforcement of law as well as public health of the inhabitants suffering from air pollution. Further compliance report may be filed by the Chief Secretary before the next date of hearing.
5. We also direct the CPCB to constitute a three-member team to visit the area and give composite report on the subject of air pollution as well as siting of the stone crushers and their approximate numbers. The CPCB may direct establishment of sufficient number of air quality monitoring stations at suitable locations and review the effectiveness thereof at the suitable intervals. Existence and efficacy of pollution control devices of individual stone crusher may also be assessed. Online computerized continuous air quality monitoring stations may be set up wherever necessary. The Deputy Commissioner, Charkhi Dadri may extend all necessary help to the team of CPCB. The Superintendent of Police may provide necessary security for the purpose. The State PCB may also provide such assistance as may be necessary."
4. The matter was last considered on 19.08.2020 in the light of the reports of CPCB and Chief Secretary, Haryana, which clearly depicted serious violations of environmental norms and inadequacy of the action taken. The Tribunal accordingly constituted a seven Member joint Committee comprising three members team of CPCB (senior level), Member Secretary, State PCB, Member Secretary, SEIAA, Haryana, Divisional Forest Officer, Charkhi Dadri and the Additional District Magistrate, Charkhi Dadri. The observations in the order are:-
"1to3..xxx...........................xxx.........................................xxx
4. Accordingly, reports have been filed by the CPCB (dated 12.02.2020 and 16.07.2020) and the Chief Secretary, Haryana (dated 13.07.2020 and 17.08.2020), apart from a report by the State PCB. It is not necessary to refer to the report of the State PCB, as the said report is covered by the reports of the Chief Secretary.
5. It will be suffice if we take up the latest of the two reports which have been submitted by the CPCB and the Chief Secretary. The report of CPCB dated 16.07.2020 is that out of 320 stone crushers, 143 were operational during the visit. 88 stone crushers were not operational. 76 stone crushers were found closed permanently. 13 stone crushers were found non- existing. Out of 143 operational units, 19 were found exceeding the production capacity. Out of 88 non-operational units, 14 units were found exceeding the consent production capacity. The CPCB has given information with regard to 3 status of dust containment systems in the form of covered sheds and water sprinklers, wind breaking walls and telescopic chutes to contain fugitive emissions, metaled/pucca roads within the premises, green belt development and status of permission from CGWA for extraction of ground water. Overall observations with regard to pollution control measures in the report are:
"i. As per the survey/inspection of 320 stone crushing units, 143 units were found operational, the list given at Annexure-III. Out of these 143 units, a. all units have valid consents from HSPCB. b. 19 units were found exceeding the consented production capacity.
c. all units have provided the sheds covering all process equipments for the dust containment.
d. 5 units have not provided the minimum number of water sprinklers (i.e. 50 nos.) for dust suppression. e. 10 units were found not having wind breaking walls of appropriate height as per the specifications prescribed in the notification dated 11.5.2016. f. 58 units were found either without telescopic chute or had telescopic chutes with the product release point less than 2 feet below the height of wind breaking wall. g. 58 units have not provided or maintained metaled/pucca roads within the premises. h. 120 units have applied for NOC to CGWA for ground water extraction, 2 units were found operating without applying NOC, while the remaining 21 units were operating with external water supply i.e. water supplied through tankers.
i. 17 units were found not maintaining the logbooks of production details.
ii. As per the survey/inspection of 320 stone crushing units, 88 units were found nonoperational during visit, the list given at Annexure-IV. Out of these 88 units, a. 1 unit does not have valid consents from HSPCB. b. 14 units were found exceeding the consented production capacity.
c. 1 unit has not provided the sheds covering all process equipments for the dust containment.
d. 8 units have not provided the minimum number of water sprinklers (i.e. 50 nos.) for dust suppression. e. 28 units were found not having wind breaking walls of appropriate height as per the specifications prescribed in the notification dated 11.5.2016. f. 50 stone crushing units were found either without telescopic chute or had telescopic chutes with the product release point less than 2 feet below the height of wind breaking wall.
g. 35 stone crushing units have not provided or maintained metaled/pucca roads within the premises.4
h. 5 units were found operating without applying for NOC to CGWA for ground water extraction.
i. 15 units were found not maintaining the logbooks of production details.
j. Most of the stone crushing units have limited plantation comprising mostly of small sized plants. In general, the green belt development needs improvement in all the units.
k. As per the survey/inspection of 320 stone
crushing units, 76 units were found
closed/permanently closed (Annexure-V) and 13 units were not existing (Annexure-VI)."
5. Conclusions are as follows:
"10.0 CONCLUSIONS The Environment Department of Haryana Government vide Schedule-II of the notification dated 11.5.2016 prescribed the emission norms and pollution control measures requirement for the stone crushing units (Annexure-II). The observations, compliance status as well as the recommendations regarding the implementation of pollution control measures by all the stone crushing units are collated based on the survey/inspection details collected by CPCB during Jan-Feb, 2020 and same are tabulated at Annexures-III to VI. The units should ensure to comply with the specific measures as per the recommendations.
In order to improve the environmental management of stone crushing units located in district Charki-Dadri and air quality of surrounding areas, the overall recommendations, for the stone crushing units, HSPCB, State Revenue & Forest Departments, CGWA, etc. in terms of operation, consent to operate, permission for ground water extraction, pollution control measures etc. are elaborated hereunder, applicability of which may be further referred for individual stone crushing units on case to case basis.
10.1 Operational and consent status:
a) The non-operational units should inform HSPCB before starting operations.
b) The units should ensure to comply with the consent conditions and not to exceed consented production capacity.
10.2 Dust containment system in the form of covered sheds and water sprinklers:
The stone crushing units should ensure
a) to provide dust containment cum suppressing system for the equipments in the form of covered sheds and sprinklers in order to reduce the fugitive dust emissions.5
b) to provide atleast 50 number of sprinklers along with the water storage facility of minimum 10 kilolitre capacity.
c) to carry out cleaning and wetting of the ground within the premises, regularly.
d) to provide appropriate designed spray nozzles/water sprinkling system in order to optimize water consumption vis-à-vis effective dust suppression.
10.3 Wind breaking walls and telescopic chutes to contain fugitive emissions:
The stone crushing units should ensure
a) to provide the wind breaking walls in order to minimize fugitive emissions and carry-over to nearby places/areas.
b) to construct wind breaking wall of atleast 50-meter length and minimum 16 feet height along with provision of telescopic chute to ensure that the crushed material from the nod is released from a point, which is atleast 2 feet below the height of the wind-breaking wall. The wall should be structurally sound and should cover the vulnerable abadi side of the crusher unit.
10.4 Metalled/pucca roads within the premises:
The stone crushing units should ensure
a) to provide and maintain metalled/pucca roads within the premises in order to minimize dust generation/re- suspension due to the vehicular movement.
b) to carry out adequate internal road cleaning mechanism for removing deposition of mud and dust in order to make metalled/pucca roads visible or identifiable.
10.5 Green belt development:
The stone crushing units should ensure
a) to provide a green belt along the periphery having avenue plantation of two rows. Till the plantation within the premises are fully developed, the stone crushing unit should erect a barrier/barricade along the periphery to contain the dust emissions.
b) to adopt scientific approach with respect to selection of species, spacing, location, numbers, etc. for green belt development.
10.6 Permission from CGWA for extraction of ground water:
The stone crushing units should ensure
a) to obtain permission from CGWA for extraction of ground water.6
10.7 Other issues:
10.7.1 The stone crushing units should ensure
a) to maintain records/logbooks for raw material consumption, production data, water consumption, electricity consumption, green belt development, etc.
b) to set-up a display board at entrance gate for information related to name & address of the stone crushing unit, contact details, production details and environmental details.
c) to have well-defined boundary demarcation.
d) that all the trucks & dumpers carrying the raw material, crushed stones, sands and other material from the area should be properly covered so as to entrap the fugitive emission at source.
10.7.2 HSPCB should ensure
a) that units to comply with the specific measures as per the recommendations.
b) to monitor the work zone suspended particulate matter in all the units and to ensure compliance with the notified norms of 600 µg/m3.
c) to issue "consents to operate" to stone crushing units in uniform manner, e.g. indicating production capacities in tonnes/day, product types & other details.
d) to reflect actual quantity required/used by stone crushing units for various purposes, like dust suppression/sprinkling/ green belt development, in the consent issued to stone crushing units.
e) to revoke the consents for permanently closed and non-
existing units.
f) to pave all approach roads, in association with the concerned departments, in the crusher zone/units in order to minimize dust generation/re-suspension.
10.8 Management of Ambient Air Quality in District Charkhi-Dadri
a) In order to monitor the ambient air quality in Charkhi-
Dadri area, HSPCB has already set-up CAAQMS at Mini Secretariat, Charkhi. HSPCB should also carry out manual ambient air quality monitoring, twice a week, at other three representative locations i.e. Power House (Pichopa Kalan), Power House (Chapar) and Police Station (Jhojhu Kalan), as identified by CPCB.
b) In order to keep air quality within norms besides above measures for enforcement and implementation in stone crushing units, the local bodies i. should be vigilant about the burning of solid waste in the area.
ii. should organize/arrange awareness/training programmes for stone crushing & other units, transporters, drivers and stakeholders, regularly. iii. should carry out wetting of the roads, regularly.
710.9 Siting of the Stone Crushing Units The Revenue & Forest Departments of Haryana State should re-verify/re-certify the siting distances against all the notified eleven siting criteria, of all the stone crushing units, more accurately by employing latest technologies such as DGPS (Differential Global Positioning System) machine."
6. The report of the Chief Secretary dated 17.08.2020 is that disciplinary action has been taken against a Scientist and a field officer of the State PCB for giving false information. Teams of the State PCB inspected all the stone crushers (329). The status of units found operational, non-compliant and assessment of carrying capacity and air quality has been mentioned as follows:
"2. Further, pursuant to the orders of NGT dated 05.09.2019, 36 teams were constituted by HSPCB vide endst. No. 3336 to 3374 dated 21.11.2019 and endst. No. 4043-4044 dated 11.02.2020, to inspect all the stone crushers of District Charkhi Dadri to check the compliance status regarding installation and adequacy of Air Pollution Control Measures i.e., wind breaking wall, covered shed, sprinkling system, metalled roads, plantation, water storage tank etc. as per the notification dated 11.05.2016 issued for stone crushers by the Environment Department, Government of Haryana,. In view of the Hon'ble National Green Tribunal directions, the teams inspected 329 Nos. of stone crushers (as per record of the HSPCB) of District Charkhi Dadri. Out of these 329 stone crushers, 116 stone crushers were nonoperational (44 stone crushers were dismantled, 36 stone crushers were f ou nd closed by them s elves, 23 stone crushers were already closed by the Board, 5 stone crushers were under maintenance and 5 stone crushers were not yet established, and 3 were found abandoned.) Out of the remaining 213 stone crushers, 51 No. of stone crushers were found to be non-complying as per notification dated 11.05.2016 and were closed down by the Board. Prosecution action and Environment Compensation have been recommended against 34 units whose sample parameters were found exceeding the prescribed standards. Till now, Environment Compensation of Rs. 1,85,50,000/- has been imposed against 15 non-complying stone crushers, out of which Rs.44,593,76/- has been recovered from 6 non-complying units. Prosecution has been sanctioned against 28 non complying stone crushing units. The Board is in the process of imposing a recovering Environment Compensation and initiating prosecution action on remaining non-complying units.
3. 33 No. of stone crushing units of District Charkhi Dadri were found exceeding consented 8 production capacity. Accordingly, Show Cause Notices were issued to these units for the said violation. The Board has also requested Mining Officer, Charkhi Dadri to take necessary action and develop a system to check the overproduction in these units.
4. Out of 51 sealed units, 18 units have preferred appeals before the appellate authority against the closure order. To avoid any ambiguity, Appellate authority had directed HSPCB to conduct inspections afresh. The Board is conducting the inspections, afresh as per orders of the Appellate authority, and will take suitable action as per Board's policy.
5. Regarding the exercise of carrying capacity assessment of District Charkhi Dadri, the HSPCB has initiated steps and received a proposal from CSIR - NEERI, which is under process. As per information received from the HSPCB, the study will be taken up following the due procedure.
6. The HSPCB has sought the report on siting parameters from District Revenue Officers and District Forest Officers. It is learnt that the Board has also received the reports pertaining to 303 units and 202 units from Revenue Department and Forest Department respectively so far, and all of them have been found to be complying with siting norms. The rest of the cases are under process in these Departments and, action will be initiated by the Board once the same are received. As per observations of CPCB, the Board has also sought re-verification of siting parameters of 5 No. units and other units located in close vicinity of these units, from District Revenue Officer and District Forest Officer.
7. With regard to monitoring of Ambient Air Quality, the HSPCB has identified 3 different locations for installation of Ambient Air Monitoring Stations in the District. Two of these stations have been installed, (one at village Jhojhu kalan and other at village Chappar, where maximum number of stone crushers are located). Further, one CAAQMS has been installed at Mini Secretariat, Charkhi Dadri, and the results of these 3 stations for the last one month reflect moderate Air Quality Index (AQI) in District Charkhi Dadri, as observed by HSPCB."
7. From the above, we find that there is acknowledged violation of environmental norms and while some remedial action has been taken, it is highly inadequate. Having regard to serious adverse consequences on public health and requirement of 'Precautionary' principle under which action has to be taken even against anticipated pollution potential, there is no justification of taking 12 months for carrying capacity assessment without taking effective measures based on available data. In fact, carrying capacity assessment has to be conducted before permitting any activity having 9 potential of pollution. Since data of background concentrations is available with the CPCB as well as the State PCB, pending any further elaborate study as proposed, CPCB and State PCB may undertake a joint study based on available background concentration data of air quality preferably within three months and precautionary action may be taken to check pollution potential in the light of such study at the earliest. Compliance of siting criteria inter-se stone crushers as well as with reference to distance from habitations, educational institutions, roads, hospitals, etc. may be ensured in the interest of public health. Any polluting stone crusher operating in violation of environmental norms, including siting criteria may not be allowed to operate till compliance of law. Action also needs to be taken against grant of reckless consents/ permissions for such activities, adversely affecting public health. Compensation of deterrent nature may be assessed and recovered speedily from the law violators, by involvement of senior officers, in view of the fact that the State itself has found some of its officers not giving correct information and thus being party to violation of law.
8. We constitute a modified seven member joint Committee comprising three members team of CPCB (senior level), Member Secretary, State PCB, Member Secretary, SEIAA, Haryana, Divisional Forest Officer, Charkhi Dadri and the Additional District Magistrate, Charkhi Dadri. The CPCB will be the nodal agency for coordination and compliance. The said team may undertake site visits at such intervals as found necessary for inspection and give its report within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. Action may also be forthwith taken by the State PCB for stopping illegal drawal of groundwater and recovering compensation for such illegal extraction so far, in the light of judgment of this Tribunal dated 20.07.2020 in OA 176/2015, Shailiesh Singh vs. Hotel Holiday Regency, Moradabad & Ors. This aspect may also be covered by the joint Committee in its report. The Committee may also mention whether parameters of ambient noise level are exceeded on account of operation of such activity and if yes, action taken in that regard."
6. Accordingly, the seven Member Committee has filed its report dated 31.01.2021. The Committee has found that there was no carrying capacity of the ambient air environment to sustain the activities of the stone crushers, particularly in absence of adequate mitigation measures and following of siting norms. The observations and recommendations of the Committee are reproduced below:-
10"2.3.1. Observations made by the Joint Committee during site visits The following are the main observations made by the Joint Committee during site visits w.r.t various environmental norms:
i. Out of 14 stone crushing units visited by the Joint Committee on 29.09.2020 and 30.09.2020, it was observed that 06 stone crushing units were not meeting the prescribed siting norms notified by notification dated 11.05.2016 and hence it was decided to get the siting norms verified for all the stone crushing units, from the concerned agencies. ii. In general, the approach roads to the crusher zones were not maintained, which contribute towards re-suspension of particulate matter during movement of vehicles and deterioration of ambient air quality of the area. iii. Sprinkling of water within the premises and surrounding area was found to be inadequate during visit. iv. None of the Units were found to be complying with the condition of the Consent to Operate granted by State Pollution Control Board w.r.t green belt development, as a dust control measure. Further, none of stone crushing has obtained approval of the Green Belt Development Plan, from the Forests Department, as mandated in the notification issued by the State Government.
v. Poor maintenance of the metalled/pucca roads within the premises of individual stone crushing units. vi. In general, there is no demarcation of boundary of the stone crushing units. Distance between two stone crushing units at many places, was observed to be inadequate to disperse the dust particles, leading to overall visibly very high dust in the area.
Since the State Pollution Control Board is mandated to grant consent to operate and ensure the compliance of the conditions of the consent to operate, the members representing the State Pollution Control Board were requested by the Joint Committee to provide the status of the compliance of the conditions of the consent to operate and the action taken against the unit not complying with the prescribed norms, as directed by Hon'ble NGT.
2.3.2 Estimation of the Carrying Capacity of the Ambient Air Environment of District Charkhi Dadri It was directed by Hon'ble NGT to undertake a joint study based on the available background concentration data of air quality.
Accordingly, the following approach was followed for estimating the carrying capacity of ambient air environment in the District Charkhi Dadri:
a. The atmospheric mixing height in the District Charkhi Dadri lied between 117 to 850 meters. The 90 percentile value which is majorly dominant during the study period is 691 meters and accordingly this value was used to calculate the volume of the ambient air in the district, as a product of 11 atmospheric mixing height and the area of the district under reference.
b. The concentration of PM10 in ambient air was found to be varying between 26 to 466 pg/m3. The 90 percentile value which is majorly dominant during the study period is 265 pg/m3and this value was used to calculate the total load of PM oload in the district, asa product of predominant PMioparticulate matter concentration and volume of the ambient air upto mixing height, in the district.
c. The national ambient air quality standard (NAAQS) for PM10 i.e. 100 pg/m3 and when multiplied by the volume of air in the district, it provided the average assimilative capacity of the district for the study period.
d. Supportive carrying capacity of the district was computed by taking the difference of assimilative carrying capacity of the area & total estimated load of PM10 in the district.
e. Similarly, the Joint Committee made an estimation of the season-wise supportive capacity. However, in view of the fact that CAAQMS started working only w.e.f. 04/03/2020, the data for winter season was not available.
The carrying capacity assessment of ambient air environment, of District Charkhi Dadri as estimated by the Joint Committee based on the available data of Continuous Ambient Air Quality Monitoring Station (CAAQMS) located in the district, for time period of 250 days i.e. 04.03.2020 to 08.11.2020 for the predominant air quality parameter i.e. PM10, is as follows:
Particulars Values Summer Monsoon Post Season Season Monsoon Season Area of District (km2) 1370 1370 1370 1370 Mixing height (km) 0.691 0.745 0.672 0.643 Volume of air in the district 946 1021 921 882 (km3) (pg/m3) PM10 265 246 177 409 Total Estimated load of 250815 251508 162671 360369 particulate matter in ambient air in the district in a study period (kg) Assimilative Carrying Capacity 94647 102073 92112 88153 (kg) Supportive Carrying Capacity -156168 -149435 -70558 -272216 (kg) It may be concluded from the above table, as such there is no supportive capacity available in the ambient air environment with reference to PK°, in the district Charkhi Dadri. It may require source apportionment study considering the different polluting activities in the Charkhi Dadri to assess the contribution of individual activities to propose production limits as 12 one of the preventive measures, so as to keep the ambient air environment within assimilative capacity. However, based on the analysis of available data, Joint Committee has suggested as included in the later part of report.
2.3.3 Status of the compliance of the siting criteria by the stone crushing units The Environment Department of Haryana Government vide Schedule-I of the notification dated 11.05.2016 prescribed the norms for siting of the stone crushing units (Annexure-II) and the following three agencies have been mandated as per notification, for verification of the siting criteria, while granting no objection certificates:
State revenue Department State Forests Department State Pollution Control Board (for the parameters, which are not covered by the above two agencies) Accordingly, the task of verifying the siting criteria was assigned to the members representing the above three agencies by the Joint Committee, for arriving at conclusion, in compliance of the orders of the Hon'ble NGT.
The Haryana State Pollution Control Board after due field verification informed that out of 330 stone crushing units, 44 units were not existing/found to be dismantled. Another, 35 units have been closed down by the board for various violations. Besides, 17 units were found to have been closed down on their own.
The following is the status of the compliance of the siting criteria provided by ADC, Charkhi Dadri (Annexure-III), based on the verification done by the Revenue Department:
Out of 330 stone crushing units in the list provided by the State Pollution Control Board, 241 units have been verified by the Revenue Department wherein 34 stone crushing units were found to have been established in violation of the siting norms prescribed in the notification dated 11.05.2016. The remaining 89 units are getting verified at ground level by the Revenue Department until the finalisation of this report.
Whereas, the compliance verification report received from DFO has mentioned the compliance of the notification w.r.t relevant parameter (Annexure-IV). It is mandatory for the stone crushing units to get the plan for development of green belt, approved from the State Forest Department, as per notification dated 11/05/2016. However, none of stone crushing unit, has obtained approval of the Green Belt Development Plan, from the Forest Department.
2.3.4 Ambient Noise Level Monitoring In order to assess the impact of stone crushing activities on the ambient noise levels in the Charkhi-Dadri area, ambient noise level monitoring was conducted by CPCB Team in 09 stone crushing units on 21.10.2020 and 05.11.2020. The ambient noise monitoring results are presented as below:
Table 1: Ambient Noise Level Monitoring Results.
13
S. Name & Product Ambient Noise Ambient Industrial Remarks
No Address and Noise Level Zone Noise
Level within the at Standard,
of the Capacity premises
Stone (monitored at a boundary dB(A) Leq
Crushing distance of 5 to of Stone
Units 10 meters from Crushing (Day time)
stone crusher), Unit, dB(A)
dB(A) Lee Leq* as per the
Noise
Pollution
(Regulation
and
Control)
Rules, 2000
1. Jai Ambey GSB (90 MTD) 78.3 72.1 75 ---
Stone
Crusher,
Kheri Battar
Caps Trade 10 mm, 20 84.5 68.1 75 ---
Link Pvt. mm & Dust
2 Ltd. Kheri (1200 MTD)
Battar
3 Diamon 10 mm, 20 86.7 69.2 75 ---
d Stone
Crusher, mm & Dust
Kheri (2000 MTD)
Battar
4 Surya 10mm, 20mm 86.2 64.8 75 Roller Crusher is
Stone & Dust (3500 under
Crusher, MTD)
Village maintenance
Pichopa
Kalan
5 Mahaluxmi 10mm, 20mm 93 68.1 75 Jaw Crusher not
& Dust (1100 in operation due
Mines & MTD)
Stone to non-
Crusher,
Village availability of
Pichopa
Kalan raw material.
6 Dharampal 10mm, 20mm 84.1 73.9 75 Power---
cut 5 to
Stone & Dust (120
Crusher, MID)
Village
Pichopa
Kalan
7 Shree 10mm, 20mm 87 75.8 75 Exceeding the
Radhey & Dust (250 prescribed norms.
Stone MTD)
Crusher,
Village
Birhi Kalan
8 Mayur 10mm, 20mm 84.6 69.5 75 Power cut 30
Stone & Dust (250
Crusher, MTD) minutes before
Village scheduled time.
Birhi Kalan
As may be seen from the table the above stone crushers were meeting the ambient noise level norms at the boundary of the respective units, however, none of the stone crushing units was found to be meeting the 14 norm of ambient noise levels when monitored at a distance of 5 to 10 meters from stone crusher, irrespective of the operational capacity.
2.3.5 Source Emission Monitoring A Joint team of CPCB and HSPCB visited the site on 21/10/2020 and 05/11/2020, for source emission and ambient air quality monitoring. The survey of the area indicated that a good number of stone crushing were found be non-operational on account of maintenance as informed by the representatives of the respective units. Therefore, 08 stone crushing units which were found to be operational were selected for Source emission monitoring and the results are summarized in the following Table 2.
Table 2: Results of the Source Emission Monitoring S. Name & Product and Fugitive Emission at 6 meters from Prescribed Standards as No Address of Capacity Source of Emission, pg/ m3 per Environment . the Stone (Protection) Rules, 1986 Crushing vide S.O. 443 (E) dated Units 18.04.1987 Inward Outward Difference
1. Jai Ambey GSB(90 TPD) 3090 4111 1021 600 ug/m3 from source at 3 to Stone 10 meters Crusher, Kheri Battar
2. Caps Trade 10 mm, 20 mm & 4484 4896 412 600 pg/m3 from source at 3 to Link Pvt. Ltd., Dust(1200 TPD) 10 meters Kheri Battar
3. Diamond 10 mm, 20 mm & 3393 3707 314 600 pg/m3 from source at 3 to Dust(2000 MTD) 10 meters Stone
4. Crusher, Kheri Surya Stone 10mm, 20mm & 9444 9818 374 600 pg/m3 from source at 3 to Crusher, Dust(3500 MTD) 10 meters Village Pichopa Kalan
5. Mahaluxmi 10mm, 20mm & 7121 7472 351 600 pg/m3 from source at 3 Mines & Dust(1100 MTD) to 10 meters Stone Crusher, Village
6. Pichopa Kalan Dharampal 10mm, 20mm & 1000 1454 454 600 pg/m3 from source at 3 Stone Dust(120 MTD) to 10 meters Crusher, Village
7. Shree Radhey 10mm, 20mm & 9333 9750 417 600 pg/m3 from source at 3 Stone Dust(250 MTD) to 10 meters Crusher, Village Birhi Kalan
8. Mayur Stone 10mm, 20mm & 3515 3972 457 600 Ng/m3 from source at 3 Crusher, Dust(250 MTD) to 10 meters Village Birhi Kalan An evaluation of the source emission monitoring of 08 stone crushing units indicated that although most of the individual stone crushing units are meeting the prescribed fugitive emission norms except one, the upwind concentration of fugitive emissions 15 varied between 1000 ug/m3 to 9444 ug/m3. High level of upwind concentration at various location seems to be the impact of inadequate distance between two stone crushing units, thereby necessitating the siting guidelines w.r.t. distance between two stone crushing units as observed and directed by Hon'ble National Green Tribunal. However, HSPCB has prescribed the minimum area of one acre for every stone crusher while in higher capacity units, 1.5 acre is the minimum area requirement.
2.3.6 Ambient Air Quality Monitoring The ambient air quality was also monitored by HSPCB team on 21/10/2020 and 05/11/2020, at different locations (Primarily centre points of different locations) of Charkhi Dadri selected jointly by CPCB and HSPCB, where stone crushers are located. The results of the ambient air quality monitoring are summarized in the following Table 3:
Table 3: Ambient Air Quality Monitoring Results S. No. Locations Date Concentration of Air Quality Parameters (in pg/m3) PMio PM2.5
1. Kheri Battar Stone Crushing 21.10.2020 140 Not monitored
2. Area Pichopa Kalan Stone Crushing 05.11.2020 68 19 Area
3. Birhi Kalan Stone Crushin Area 05.11.2020 239 42
4. CAAQMS, Mini Secretariat, 21.10.2020 253 117 Charkhi 05.11.2020 265 191 The results of the ambient air quality monitoring at two locations out of three locations monitored by HSPCB Team, were found to be beyond the prescribed limits of PM10. The concentration of PM10 & PM2.5 were also be found to be exceeding the prescribed norms as per the data of CAAQMS located at Mini Secretariat, District Charkhi Dadri during that period, indicating contributing of factors other than stone crushers as well, towards ambient air quality of Distt. Charkhi Dadri.
2.3.7 Action Taken by HSPCB against the units violating the norms The action taken report w.r.t non-compliance of prescribed norms and the conditions of the consent to operate granted to stone crushing units were requested by the Joint Committee from the members representing State Pollution Control Board, for inclusion in the report to be filed before Hon'ble NGT.
In this regard, the following is the status of the compliance of the action taken against noncomplying units by the HSPCB (Annexure-V):
(i) Out of 330 stone crushing units, 96 units are non-operational due to the fact that 35 units have been closed down by HSPCB, 17 were found to have been closed on their own and 44 units were found to have been dismantled/non-existing.16
(ii) A total sum of Rs. 4.89 crores of Environmental Compensation was levied by HSPCB on the 33 non-complying units. 19 units have deposited the EC amount of Rs. 1.62 crores to the HSPCB.
(iii) HSPCB is in the process of imposing EC on another 16 non-
complying stone crushing units.
(iv) The prosecution has been initiated against 35 non-complying units, out of which 27 have been filed in Special Environmental Court, Kurukshetra, Haryana.
(v) HSPCB has initiated action against all the stone crushers which have not obtained approval of the Green Belt Development Plan from the Forest Department and issued show cause notices to all units seeking their status of approval of the same and further, action will be taken by the board after receipt of the units.
2.3.8 Action Taken by HSPCB for illegal ground water abstraction The Joint Committee was directed by the Hon'ble NGT, to include the action taken by HSPCB in the report of the Joint Committee. Accordingly, HSPCB was requested by the Joint Committee, for providing the action taken report w.r.t. illegal abstraction of the ground water in compliance of the directions of the Hon'ble NGT.
In this regard, as per status report received from HSPCB, there are 330 stone crushing units in the District Charkhi Dadri, out of which 53 units have either been dismantled or non- operational after 15/04/2015 i.e. the date of notification issued by CGWB mandating permission for withdrawal of ground water. Therefore, HSPCB recommended for levying interim environmental compensation against 277 stone crushing units to the Deputy Commissioner, Charkhi Dadri. The total amount of compensation from these 277 stone crushing units is Rs. 31,45, 13, 865/-, the details of which is summarized in Annexure-VI. The Deputy Commissioner, Charkhi Dadri has issued order for recovering EC for illegal underground water abstraction against all these units.
3. 0 R ECO M M EN D AT I O N S :
(i) Since, the carrying capacity of the Charkhi Dadri region is estimated to be negative and therefore, following actions are suggested to support & protect the air environment:
a. No new stone crusher of any capacity may further be allowed to establish & operate in the region including any expansion of the existing units.
b. A study, such as source apportionment, be carried out to ascertain at what maximum capacity the existing stone crushing units be allowed to operate vis-a-vis their number. c. The supporting infrastructure such as road needs improvement to minimize the dust formation and to maintain its quality a fund may be created by the stone crushing units proportionate to its production capacity. The fund may be operated through a mechanism where the nodal agency could be the association of the stone crushing units.
d. The units which have been reported not conforming the siting criteria according to revenue department (34) shall 17 remain closed and be shifted in compliance with the notification dated 11.05.2016.
(ii) Considering the stone dust settlement behaviour, the inter-se distance between two stone crushing units may be kept as:
d = (hi*N. + h2 *p2)/100 Where, d = inter-se distance between two stone crushing units (in meter) hl& h2 = height of highest nodes for unit 1 & 2, respectively (in meter) Pi& P2 = production capacity for unit 1 & 2, respectively (in MTD) iii. HSPCB shall install additional 3 ambient air quality monitoring stations in accordance to Guidelines for Ambient Air Quality Monitoring published by CPCB (2003).
Out of these three, one station may be CAAQMS.
iv. The concerned authority may take suitable action against those stone crushing units found to be non-conforming w.r.t. siting criteria and having not provided adequate pollution control measures.
v. The stone crushing unit may be asked to obtain due approval from State Forest Department for development of green belt in accordance to the notification dated 11.05.2016."
7. In view of above report, it does appear that there is large scale violation of law in violation of the mandate of 'Sustainable Development' and 'Precautionary Principle'. Suitable remedial measures need to be taken to stop polluting activities, beyond the carrying capacity of the environment, apart from action for the violations which have already taken place. Only such activity may be allowed which the environment can sustain irrespective of the date on which the stone crushers were set up. While taking action, the State PCB may follow the due process but the action needs to be prompt to protect the public health and environment in view of the material in the seven Member Committee.
The District Magistrate, Charkhi Dadri may take prompt steps for protection of environment by taking mitigation measures in terms of the recommendations. Illegal withdrawal of ground water may be effectively 18 stopped. Since we are only requiring the statutory authorities to take action in exercise of their statutory powers, following due process and orders of the statutory authorities are appealable to this Tribunal, we do not find it necessary to issue notice to the individual stone crushers.
8. The State PCB may file an action taken report of status as on 31.03.2021, before the next date, by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
9. We also request the Monitoring Committee, headed by Justice Pritam Pal, former Judge of Punjab and Haryana High Court, for certain environmental issues in the State of Haryana, to visit the site on any convenient date after March 15, 2021 and provide an independent report in the matter before the next date by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. Visit of the Committee may be facilitated by the State PCB and the District Magistrate.
List for further consideration on 19.04.2021.
A copy of this order be forwarded to the State PCB, District Magistrate, Charkhi Dadri and Justice Pritam Pal former Judge of Punjab and Haryana High Court by e-mail for compliance.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM February 02, 2021 O.A. No. 607/2018 A 19