National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of ... on 25 January, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.07:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 121 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on the
News items published in The Hindu Newspaper, Chennai Edition,
Dated: 14.05.2021, under the caption "Cuddalore pesticide
Unit blast kills 4".
With
1. The Chief Secretary to Govt. of Tamil Nadu,
Government Secretariat, Fort, St. George,
Chennai ,Tamil Nadu- 600- 009.
2. The Principal Secretary to Govt. of Tamil Nadu,
Department of Environment & Forests,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600 009.
3. The Principal Secretary to Govt. of Tamil Nadu,
Industries Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600 009.
4. Additional Chief Secretary to Govt. of Tamil Nadu,
Labour and Employment Department,
Govt. Secretariat. Fort St. George,
Chennai, Tamil Nadu - 600 009.
5. The Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
6. Directorate of Boilers,
Rep. by its Director,
First Floor, (North Wing),
PWD Office Compound, Chepauk,
Chennai - 600 005.
Page 1 of 114
7. The District Collector,
Cuddalore District,
First Floor, New Collectorate Building,
Collectorate Manjakuppam,
Cuddalore - 607 001.
8. Crimsun Organics Private Limited,
Rep. by its Managing Director,
C-9, C-10 & C-11, SIPCOT Industrial Complex,
Kudikadu, Cuddalore - 607 005.
...Respondent(s)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R6 & R7.
Mr. S. Sai Sathya Jith through
Mrs. Vivekha Pon for R5.
Mr. T. Sai Krishnan for R8.
Date of Judgment: 25th January, 2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in The Hindu, Chennai Edition dated 14.05.2021 under the caption "Cuddalore pesticide unit blast kills 4"
2. It was alleged in the newspaper report that there occurred a major industrial mishap, caused due to a blast in the 8th respondent unit/ Crimsun Organics Private Limited in the State Industries Promotion Page 2 of 114 Corporation of Tamil Nadu (SIPCOT) area in Kudikadu of Cuddalore District. It was also alleged in the newspaper report that in the blast 4 persons died and several persons injured.
3. According to the newspaper report, this was caused on account of the latches on the part of the industry in maintaining the safety measures and not complying with the conditions imposed in the clearance and permissions granted. Further, on account of the fire broke out in the blast, environmental damage has been caused in that area. The Tamil Nadu Pollution Control Board (TNPCB) has already issued an order for investigation to ascertain the reason for the incident.
4. It was also alleged in the newspaper report that an environmentalist in that area informed that they were anticipating similar type of incidents in future as well and the people were having apprehension of such disasters and though it was brought to the notice of the authorities, they have not taken any steps to redress the grievance or remove the apprehension of the people in that area.
5. Further, it was also alleged in the newspaper report that there were frequent incidents of gas leak, effluent discharge etc. which contaminates the air as well as the groundwater in that area.
6. Since this Tribunal was satisfied that there arises a substantial question of environment, this Tribunal had admitted the matter on 04.06.2021 and appointed a Joint Committee comprising of (i) the District Collector
- Cuddalore District, (ii) a Senior Officer from the Tamil Nadu Pollution Control Board (TNPCB) as designated by its Chairman, (iii) a Senior Officer from the Central Pollution Control Board (CPCB), Integrated Page 3 of 114 Regional Office, Chennai and (iv) a Senior Officer from the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) as deputed by its Chairman and the Managing Director to inspect the 8th respondent unit in question and submit a factual as well as action taken report, if there is any violation found.
7. This Tribunal also gave the following Terms of Reference:
(i) whether the 8th respondent unit/ Crimsun Organics Private Limited is having all necessary permissions and clearances for running their unit, including environmental clearance if any required,
(ii) whether the 8th respondent unit/ Crimsun Organics Private Limited is complying with all the imposed conditions in the clearance and the permission granted,
(iii) If there is any deficiency for providing safety measures against the conditions imposed whether it is the cause for the accident,
(iv) Whether any environmental damage has been caused on account of the incident, if so assess the environmental damage caused and the environmental compensation to be recovered from them.
(v) The committee is also directed to ascertain the general precautions taken by the industries and the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) in the complex to avoid such incidents and regulatory mechanism to ascertain the number of units that are strictly adhering to the permissions granted and if not, what is the nature of action taken by the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) against such erring industries.
(vi) The committee is also directed to ascertain as to (a) whether any unauthorised discharge of untreated trade effluents/sewage is being Page 4 of 114 done by any of the industries, (b) whether necessary pollution control mechanism has been provided to curb air pollution, likely to be caused on account of the poisonous gas emission being emitted from the units if any and (c) If there is any deficiency found, what is the nature of action taken and what are all the steps to be taken to improve the system to protect environment.
8. The State Industries Promotion Corporation of Tamil Nadu (SIPCOT) Industries was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose. The case was posted to 16.07.2021 for appearance of parties, filing their independent response and also for consideration of report.
9. Thereafter, the matter was taken up on 13.08.2021, and on that date, this Tribunal had considered the Preliminary Inspection Report of the Joint Committee dated Nil, e-filed on 16.07.2021 and extracted in Para (6) of the order which reads as follows:-
"Preliminary Inspection Report of Joint Committee in the matter of OA No. 121 of 2021 (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Oder dated: 04, June 2021) 1.0 Preamble The Hon'ble National Green Tribunal, Southern Zone, Chennai has taken "Suo Motu" case on the basis of the newspaper report published in the Hindu Chennai Edition dated, 14.05.2021, under the caption "Cuddalore pesticide unit blast kills 4". In the matter of Application No. 121 of 2021the National Green Tribunal, South zone, Chennai has passed an order dated 04th June, 2021(Annexure - 1), constituted a Joint Committee and directed that;
".......... 10. In order to ascertain the genuineness of the allegation and also the violations if any, committed by the 8th respondent/ Crimsun Organics Private Limited mention in the newspaper report and it impact, we feel it appropriate to appoint a joint committee comprising of (1) The District Collector, Cuddalore, (2) Page 5 of 114 a Senior Officer from Tamil Nadu Pollution control Board (TNPCB) designated by its Chairman, (3) a Senior Officer from the Central Pollution Control Board (CPCB), Integrated Regional Office, Chennai (4) a Senior Officer from the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) deputed by its Chairman and the Managing Director to inspect the 8th respondent/Crimsun Organics Private Ltd., unit in question and submit a factual as well as action taken report, if there is any violation found.
12. The Committee is directed to ascertain as to
(i) whether the 8th respondent unit/M/s. Crimsun Organic Private Ltd., is having all necessary permissions and clearances for running their unit, including environmental clearance if any required,
(ii) whether the 8th respondent unit M/s. Crimsun Organic Private Limited is complying with all the imposed conditions in the clearances and the permission granted,
(iii) If there is any deficiency for providing safety measures against the conditions imposed whether it is the cause for the accident,
(iv) whether any environmental damage has been caused on account of the incident, if so assess the environmental damage caused and the environmental compensation to be assessed.
13. The committee is also directed to ascertain the general precautions taken by the industries and the State industries Promotion Corporation of Tamil Nadu (SIPCOT) in the complex avoid such incidents and regulatory mechanism to ascertain the number of units that a strictly adhering to the permissions granted and if not, what is the nature of action taken by the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) against such erring industries.
14. The committee is also directed to ascertain as to a. whether any unauthorized discharge of untreated trade effluents/sewage is being done by any of the industries and b. whether necessary pollution control mechanism has been provided to curb air pollution likely to be caused on account of the poisonous gas emission being emitted from the units any, c. If there is any deficiency found, what is the nature of action taken and what are all the step, to be taken to improve the system to protect environment.
16. The Committee is directed to submit the report in this regard to this Tribunal on or before 16.07.2021 by e-filing in the form of searchable PDFIOCR Support PDF and not in the form of image PDF along with necessary hardcopies to be produced as per rules.
The Individual respondents were also directed to file their reports before the Hon'ble NGT(SZ) in the above case.
Page 6 of 1142.0 Constitution of Committee In Compliance to Hon'ble NGT order, the Committee was constituted comprising of following members;
1. Thiru. K. Balasubramaniam, District Collector, Cuddalore.
2. Mrs. H.D. Varalaxmi, Sc. E &Regional Director, CPCB, Chennai.
3. Thiru K. Elankumaran, Joint Chief Environmental Engineer, TNPCB (M) Trichy.
4. Thiru A. Balu, Assistant General Manager, SIPCOT, Chennai.
3.0 Committee Meeting and Field Visit Upon the constitution of the committee, a meeting was conducted on 08.07.2021 at Collectorate Office headed by the District Collector, Cuddalore. Along with Committee members following officers from different department also participated in the meeting and also accompanied the Committee during field visit;
1. Thiru. R. Ravichandran, Joint Director, DISH, Cuddalore.
2. Mrs. R: Thamizhselvi, Project officer, SIPCOT, Cuddalore.
3. Thiru R. Seralathan, District Environmental Engineer, TNPCB, Cuddalore.
During the meeting, District Collector briefed the Hon'ble NGT order and discussed the tasks to be completed in compliance of the order. CPCB member explained the details of information's obtained from the line department and field work required to be carried out by the committee to address the issues raised by the Hon'ble NGT.
3.1 Field visit by Joint Committee As per the orders of the Hon'ble National Green tribunal (SZ), the Joint Committee has inspected the unit on 08.07.2021 in the presence of Thiru.A.Paranitharan, General Manager of the industry. The Committee has inspected the distillation vessel in which the accident has occurred.
The General Manager has explained the cause of the accident and about the response action taken during that time, to the Joint Committee. It was informed that the accident was occurred due to a mild blast in distillation kettle R-108 followed by minor fire and fumes on the second floor of the production block of the industry. The accident resulted in death of four persons and mild injuries to 2 persons and 10 numbers had inhalation impact. The main cause of death and injury/inhalation of fumes from reactor (distillation kettle) due to sudden blast opening of the manhole of distillation kettle R-108, with a resultant fire and splash of fluid and subsequent inhalation of gases/fumes.
The Committee has also inspected the steam production boiler, the effluent treatment systems including mechanical evaporator installed for achieving the zero discharge of effluent. There is no discharge of Treated / untreated Trade effluent inside/outside the premises of the industry. The committee has also inspected the Page 7 of 114 storage of the Hazardous waste generated from the industry in the protected shed before disposal of the waste to the respective disposal facility.
4.0 SIPCOT Industrial Complex Cuddalore:
The SIPCOT Industrial Complex, Cuddalore was established during the year 1984. The Industrial complex has phase-l and phase-II where Textile processing, Pharmaceuticals, Dye, Chemicals, Pesticides and miscellaneous industries are located. The SIPCOT Industrial Complex, Cuddalore is located along the Cuddalore - Chidambaram High ways (NH 45-A). SIPCOT Phase-I has a total extent of 518.79 acres and SIPCOT Phase-II has a total extent of 190.52 acres. The total area of SIPCOT Industrial Complex Cuddalore is 709.31 Acres (Phase 1 & Phase II).
As per the GO.No: 1730 Dated: 24.07.1974 The SIPCOT Industrial Estate is classified as Special and Hazardous Industrial use zone.
4.2 Set up of M/s Crimsun Organics Private Limited in SIPCOT SIPCOT has allotted Plot No. C-10/1.40 acres of land to M/s. Crimsun Organics Pvt. Ltd in Phase - 1, vide allotment order dated on 13.01.2017 and Modified Lease Deed was executed on 02.08.2017, vide Doc. No.2434/2017 & another 1 allotment order issued for Plot No. C-9/1.83 acre dated on 10.05.2018 and Modified Lease Deed was executed on 08.06.2018 vide Doc No.2077/2018.
SIPCOT has allotted land for 99 years long lease basis only. Totally 3.23 acres allotted to M/s. Crimsun Organics Pvt. Ltd in SIPCOT Industrial complex.
The industry is a pesticide manufacturing unit which has obtained permissions from Directorate of Boiler, Department of Agriculture, Tamil Nadu Fire and Rescue Service Department, PESO, Tamil Nadu Pollution Control Board, Department of Industries Safety and Health and Ministry of Environment and Forest and Climate Change.
4.3 Cause of Accident as reported by Joint Director (DISH)
1.) In order to release sudden abrupt rise of pressure and heat in the reactor vessel above the required level of pressure and heat, for additional safety purpose, the safety valve had not been installed and not connected to Scrubber system to avoid gas release outside.
2.) If the leak occurred in between steam line to reactor vessel, in order to avoid steam leak, double valves had not been installed & in between the double valves, a bleeder valve had not been installed.
3.) In case of temperature rise above the required level in the reactor vessel, the arrangement for supply of cooling water in the steam line has not been made.
4.) Since the Acetamipride impurities are decomposing material, it should not store in the reactor vessel at large quantity. It should be drained to Drums. After draining the reactor vessel, the reactor vessel should be tested.
Page 8 of 1144.4 Permissions obtained by the Industry:
1. The unit has obtained permissions from SIPCOT, Department of Industrial Safety and Health, Tamil Nadu Pollution Control Board, Department of Fire and Rescue, PESO, Inspectorate of Boilers. The details of permissions granted and its validity are enclosed in (Annexure - 2).
2. The Compliance status of the imposed conditions in the license/ consent issued to the industry is enclosed in (Annexure -3). 3. As per the report of DISH the investigation was made by additional director of Industrial Safety & health, Trichy & Deputy Director of Industrial Safety & Health, Villupuram. Since, the intermediate products are aromatic compound and the process is amino process, it is covered under chemical works and Show Cause Notice given by Additional director of Industrial Safety & health, Trichy, under scheduled XVI and provisions. (Annexure - 4).
4. The accident has occurred at 7.30 AM on 13.05.2021. The spillage of fluids and subsequent fire caused in the area was quenched by fire fighting personnel using emissions of suspended particulate matters, and gases like NOx, SO2, CO, CO2 as recorded in the Continuous Ambient Air Quality Monitoring Stations functioning at about 340 meters and 390 meters in the western side of the unit and about 495 meters in the northern side of the industry were retrieved for the period during the accident and observed that there is no significant rise in the levels of the gases and within the Ambient Air Quality Standards prescribed by the Board (Annexure -5). However the environmental damage will be worked out after obtaining the mass balance details of the chemicals present in the distillation vessel and the quantity of the spilled out fluids during the accident so as to assess the Environmental Compensation due to the accident.
5.0 PRAYER As per the orders of the Hon'ble National Green Tribunal (South Zone), the industry M/s. Crimsun Organics Pvt Ltd was inspected by the Joint Committee on 08.07.2021 in the presence of the representative of the industry.
However, to address the issues raised by the Hon'ble NGT, following activities required to be carried out by line departments;
(i) The SIPCOT has collected the all necessary permissions obtained by the unit, the line departments required to be submit the compliance reports of condition imposed in the clearance and permission granted so that committee will cross verify the compliances.
(ii) The unit also asked to provide information on stock of raw material taken for process, expected Chemical reactions caused for blasting of manhole of reactor, material released to atmosphere to calculate the Environmental Damage cost.
(iii) To ascertain the general precautions taken by the industries in the complex to avoid such incidents and regulatory mechanism to ascertain the number of units that are strictly adhering to the permissions granted, Page 9 of 114 the competent authority (DISH) have to check the safety and the health measures in every industry in SIPCOT which have chemical reaction processes in reaction/ distillation vessels. For this purpose each and every reaction/ distillation vessels functioning in every such industry has to be checked and verified for safety measures. Every such industry has many reactors for different processes which have to be checked. This exercise will require at least one month for verification and documentation. The individual members of the committee also require time for submitting their individual report to the Hon‟ble NGT.
Hence, it is humbly prayed that a time period of 8 weeks may kindly be given to this Joint Committee as well as official respondents to file their reports before the Hon‟ble NGT (SZ)."
10. Thereafter, the matter was adjourned to 29.09.2021 for appearance of 5th Respondent, completion of pleadings and consideration of final report.
Subsequently, the matter was adjourned from time to time, either by notification or at the request of the parties.
11. The Tamil Nadu Pollution Control Board also filed an preliminary statement regarding the incident and action taken by them signed by the officer on 14.07.2021, e-filed on 15.07.2021 which reads as follows:-
"Preliminary Statement of Tamil Nadu Pollution Control Board in the matter of OA No. 121 of 2021 (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated: June 04, 2021) 1.0 Preamble The Hon'ble National Green Tribunal, Southern Zone, Chennai has taken Suo Motu case on the basis of the newspaper report published in the Hindu Chennai Edition dated, 14.05.2021, under the caption "Cuddalore pesticide unit blast kills 4". In the matter of Application No. 121 of 2021the National Green Tribunal, South zone, Chennai has passed an order dated 04th June, 2021(Annexure - 1), constituted a Joint Committee and directed that;
.......... 10. In order to ascertain the genuineness of the allegation and also the violations if any, committed by the 8th respondent/ Crimsun Organics Private Limited mention in the newspaper report and it impact, we feel it appropriate to appoint a joint committee comprising of (1) The District Collector, Cuddalore, (2) Page 10 of 114 a Senior Officer from Tamil Nadu Pollution control Board (TNPCB) designated by its Chairman, (3) a Senior Officer from the Central Pollution Control Board (CPCB), Integrated Regional Office, Chennai (4) a Senior Officer from the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) deputed by its Chairman and the Managing Director to inspect the 8th respondent/Crimsun Organics Private Ltd., unit in question and submit a factual as well as action taken report, if there is any violation found.
12. The Committee is directed to ascertain as to (i) whether the 8th respondent unit/Crimsun Organic Private Ltd., is having all necessary permissions and clearances for running their unit, including environmental clearance if any required, (ii) whether the 8th respondent unit Crimsun Organic Private Limited is complying with all the imposed conditions in the clearances and the permission granted, (iii) If there is any deficiency for providing safety measures against the conditions imposed whether it is the cause for the accident, (iv) whether any environmental damage has been caused on account of the incident, if so assess the environmental damage caused and the environmental compensation to be recovered from them.
13. The committee is also directed to ascertain the general precautions taken by the industries and the State industries Promotion Corporation of Tamil Nadu (SIPCOT) in the complex to avoid such incidents and regulatory mechanism to ascertain the number of units that are strictly adhering to the permissions granted and if not, what is the nature of action taken be the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) against such erring industries.
14. The committee is also directed to ascertain as to a. whether any unauthorized discharge of untreated trade effluents/sewage is being done by any of the industries and b. whether necessary pollution control mechanism has been provided to curb air pollution, likely to be caused on account of the poisonous gas emission being emitted from the units if any, c. If there is any deficiency found, what is the nature of action taken and what are all the steps to be taken to improve the system to protect environment.
16. The Committee is directed to submit the report in this regard to this Tribunal on or before 16.07.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of image PDF along with necessary hardcopies to be produced as per rules.
Apart from the filing the report, the Official respondents were also directed to file their independent statements regarding the action taken before the Hon'ble NGT (SZ) in the above case.
Page 11 of 1142.0 Constitution of Committee In Compliance to Hon'ble NGT order, the Committee was constituted comprising of following members;
1. Thiru. K. Balasubramaniyam, District Collector, Cuddalore. 2. Mrs. H.D. Varalaxmi, Sc. E &Regional Director, CPCB, Chennai. 3. Thiru K. Elankumaran, Joint Chief Environmental Engineer, TNPCB (M) Trichy. 4. Thiru A. Balu, Assistant General Manager, SIPCOT, Chennai.
3.0 Committee Meeting and Field Visit Upon the constitution of the committee, a meeting was conducted on 08.07.2021 at Collectorate Office headed by the District Collector, Cuddalore. Along with Committee members following officers from different department also participated in the meeting and also accompanied the Committee during field visit;
1. Thiru. R. Ravichandran, Joint Director, DISH, Cuddalore. 2. Mrs. R. Thamizhselvi, Project officer, SIPCOT, Cuddalore. 3. Thiru R. Seralathan, District Environmental Engineer, TNPCB, Cuddalore.
During the meeting, District Collector briefed the Hon'ble NGT order and discussed the tasks to be completed in compliance of the order. CPCB member explained the details of information's obtained from the line department and field work required to be carried out by the committee to address the issues raised by the Hon'ble NGT.
3.1 Field visit by Joint Committee As per the orders of the Hon'ble National Green tribunal (SZ), the Joint Committee has inspected the unit on 08.07.2021 in the presence of Thiru .A. Paranitharan, General Manager of the industry. The Committee has inspected the distillation vessel in which the accident has occurred.
The General Manager has explained the cause of the accident and about the response action taken during that time, to the Joint Committee. It was informed that the accident was occurred due to a mild blast in distillation kettle R-108 followed by minor fire and fumes on the second floor of the production block of the industry. The accident resulted in death of four persons and mild injuries to 2 persons and 10 numbers had inhalation impact. The main cause of death and injury / inhalation of fumes from reactor (distillation kettle) due to sudden blast- opening of the manhole of distillation kettle R-108, with a resultant fire and splash of fluid and subsequent inhalation of gases / fumes.
The Committee has also inspected the Air Pollution Control measures attached to the Distillation vessels, such as Scrubbers and Vents.
The Committee has also inspected the steam production boiler, the effluent treatment systems including mechanical evaporator installed for achieving the zero discharge of effluent. There is no discharge of Treated / untreated Trade effluent inside/outside the premises of the industry. The committee has also inspected the Page 12 of 114 storage of the Hazardous waste generated from the industry in the protected shed before disposal of the waste to the respective disposal facility.
4.0 SIPCOT Industrial Complex Cuddalore:
The SIPCOT Industrial Complex, Cuddalore was established during the year 1984. The Industrial complex has phase-l and phase-ll where Textile processing, Pharmaceuticals, Dye, Chemicals, Pesticides and miscellaneous industries are located. The SIPCOT Industrial Complex, Cuddalore is located along the Cuddalore - Chidambaram High ways (NH 45-A). SIPCOT Phase-l has a total extent of 518.79 acres and SIPCOT Phase-II has a total extent of 190.52 acres. The total area of SIPCOT Industrial Complex Cuddalore is 709.31 Acres (Phase I & Phase II).
As per the G.O.No: 1730 Dated: 24.07.1974 The SIPCOT Industrial Estate is classified as Special and Hazardous Industrial use zone.
4.1 The industry, M/s Crimsun Organics Private Limited in SIPCOT.
The industry M/s. Crimsun Organics Pvt. Ltd was issued consent order to operate the industry on 31.05.2018 in orange small category as a pesticide formulation unit for 4 products as it was purchased by the management from the previous industry M/s. Indo International Ltd.
Subsequently the unit has applied for consent to establish to manufacture pesticides and the unit was issued consent to establish on 25.04.2019 for its pesticide manufacturing activity as Red Large, 17 category industry, for 57 products and 5 by - products. The consent to operate was issued by the Board on 30.06.2019.
The unit was issued renewal of consent order on 19.08.2020 valid upto 31.03.2021. The validity was extended valid upto 31.11.2021 by a common order to all industries due to Pandemic issue. The details of the industry, its raw materials, Products, Effluent treatment plant and Air Pollution Control Measures are enclosed in Annexure - 11.
The industrial accidental has occurred in the industry on 13.05.2021, at 7.30 AM in one of the reactors. The reactor started spewing out dense white fumes and 4 affected persons. They were taken to hospital and have passed away. Other 12 persons who have been affected were treated in the Hospital and got discharged. The industry was inspected by the TNPCB official on 13.05.2021 and a report was submitted to the Member Secretary, TNPCB, Chennai.
As per the instruction of District Collector, the industry was inspected on 29.06.2021 along-with the Joint Director, (DISH) and Project Officer, (SIPCOT) and found that the industry was not in operation. The various units of the industry was inspected and the compliance of the conditions imposed in the consent order was verified.
Page 13 of 1144.2 The accident occurred in the industry:
1. As per the report of DISH the investigation was made by additional director of Industrial Safety & health, Trichy & Deputy Director of Industrial Safety & Health, Villupuram. Since, the intermediate products are aromatic compound and the process is amino process, it is covered under chemical works and Show Cause Notice given by Additional director of Industrial Safety & health, Trichy, under scheduled XVI and provisions.
2. The accident has occurred at 7.30 AM on 13.05.2021. The spillage of fluids and subsequent fire caused in the area was quenched by fire fighting personnels using foam and water. The fire and emission of gases was stopped subsequently. The emissions of suspended particulate matters, and gases like NOX, SO2, CO, CO2 as recorded in the Continuous Ambient Air Quality Monitoring Stations functioning at about 340 meters and 390 meters in the western side of the unit and about 495 meters in the northern side of the industry were retrieved for the period during the accident and observed that there is no significant rise in the levels of the gases and within the Ambient Air Quality Standards prescribed by the Board (Annexure - III). However the environmental damage will be worked out after obtaining the mass balance details of the chemicals present in the distillation vessel and the quantity of the spilled out fluids during the accident so as to assess the Environmental Compensation due to the accident
3. As per point no: 12(ii) of the orders of the Hon'ble NGT(SZ), the compliance of the conditions of the Consent order renewed by TNPC Board to the industry M/s. Crimsun Organic Industry Private Limited, SIPCOT has been verified. ( Annexure IV ).
5.0 Actions taken and to be taken.
As per the orders of the Hon'ble National Green Tribunal (South Zone), the industry M/s. Crimsun Organics Pvt Ltd was inspected by the Joint Committee on 08.07.2021 in the presence of the representative of the industry. However, to address the issues raised by the Hon'ble NGT, following activities are required to be carried out by the TNPC Board.
(i) As per point no: 12(iv) of the orders of the Hon'ble NGT(SZ) the unit was asked to provide information on stock of raw material taken for process, expected Chemical reactions caused for blasting of manhole of reactor, on the day of the accident and the materials released to the atmosphere to calculate the Environmental Damage cost.
(ii) Upon inspection of the industry, as per point no: 14(a) of the above orders, it was verified that there is no unauthorized discharge of untreated trade effluents/ sewage is done by M/s.Crimsun Organic Industry Private Limited, SIPCOT. In order to verify the discharge of untreated trade effluents/ sewage by the other industries, more time is required to inspect the individual industries in the SIPCOT industrial complex.
(iii) As per point no: 14(b), of the orders, to verify the functioning of the Page 14 of 114 pollution control mechanisms installed in other industries in SIPCOT Complex, also requires more time to verify the same.
6.0 Prayer.
To work out the assessment of Environmental damage caused by the accident occurred in M/s. Crimsun Organic Industry Private Limited, SIPCOT, and to verify the functioning of Air Pollution Control Measures installed in the individual industries in SIPCOT and to ascertain the discharge of any untreated trade effluents / sewage inside or outside the premises of other industries in SIPCOT, more time is required for the above tasks.
Hence, it is humbly prayed that a time period of 8 weeks may kindly be given to file the final statement before the Hon'ble NGT(SZ)."
12. In the report, they wanted 8 weeks time to file the final report.
13. The 4th Respondent filed an affidavit which reads as follows:-
"3. It is submitted that the Crimsun Organics Private Limited, Cuddalore, the 8th respondent was registered in the year 2005 and the Factory License has been renewed upto the year 2021. The Additional Factory Plan approval was obtained by the 8th Respondent on 03.10.2019 and while granting Plan approval under the Factories Act, there were several conditions imposed on the 8th Respondent i.e Crimsun Organics Private Limited to comply with.
4. It is further submitted that immediately after the accident on 13.05.2021, the Joint Director (FAC), Industrial Safety and Health, Cuddalore had visited the 8th Respondent factory and found that the following are the causes of the above accident in the factory:
a) The safety valve of the reactor vessel which should have been connected to scrubber system to release the excess pressure was found absent.
b) Double Valve with Bleeder Valve arrangement was not provided to prevent the steam leak which entered in the reactor vessel.
c) Since one side of the stair case in the second floor was blocked, the workers were prevented from coming down, instead climbed up to the third floor and suffocated due to inhalation of the upcoming toxic gas.
5. It is further submitted that immediately after the factory accident occurred on 13.05.2021, an order under section 40 (2) of the Factories Act, 1948 was issued to the Occupier, Prohibiting the use of whole factory for the contravention as stated above until it has been properly repaired or altered, on 14.05.2021 itself and the copy of the same is enclosed herewith. (Annexure -A) Page 15 of 114
6. It is further submitted that the 8th Respondent filed an appeal before the Director of Industrial Safety & Health on 11.06.2021 seeking withdrawal of the prohibition order dated 14.05.2021 issued by the Joint Director of Industrial Safety & Health, Cuddalore on the ground that they had fully complied with all the safety conditions by properly repairing / altering the earlier contraventions. Based on the appeal received, the Director of Industrial Safety and Health, had issued an order dated 23.06.2021 instructing the Additional Director, Industrial Safety and Health, Tiruchirappalli to re-inspect the factory and to offer remarks on the appeal. In this regard, the Additional Director of Industrial Safety and Health, Tiruchirapalli had re-inspected the above factory premises on 24.06.2021 and it was found that all the Safety defects mentioned in the prohibition order dated 14.05.2021 referred to above were completely repaired/ altered to the satisfaction and hence the Additional Director of Industrial Safety and Health, Tiruchirappalli had recommended to the Director of Industrial Safety & Health, Chennai for vacating the prohibition order dated 14.05.2021 for the following reasons. (Annexure-B).
a) Bleeder Valve has been provided in between two valves in the Steam line. Hence, no chance of steam leakage and passing through the reactor.
b) Safety valve provided and connected with scrubber system to scrub the toxic gas which would be emanated due to sudden raise in pressure and heat.
c) Obstructions for free movement of workers to the ground floor have been removed.
d) Appointed factory Medical Officer Mrs.Sheeladevi M.B.B.S with AFIH Qualification along with Assisting Stats. Appointment of the above Medical Officer has been notified to Directorate of Industrial Safety and Health for Approval, e) In addition to the above, additional Interlock safety with Hooter alarm system provided and the hooter system will be activated when the Steam temperature reaches 120 C and the Steam line will be closed automatically if the temperature of steam reaches 125 C.
7. Based on the recommendation of the Additional Director of Industrial Safety and Health, Trichy, the Director of Industrial Safety and Health issued an order dated 28.06.2021 to revoke the Prohibition Order under Section 40 (2) subject to the following conditions -
i. All safety provisions mentioned in the Factories act, 1948 shall be followed compulsorily.
ii. If the Stoppage order is issued for the same contraventions once again in future the appeal will not be considered in this regard.
iii. All the Factory Buildings, Part of a Building, Machinery, and Part of the ways, Machinery or plant shall be maintained in good condition so that there is no imminent danger to human life or safety.
iv. Instruments and safety devices shall be tested by competent persons Page 16 of 114 once in a month and the details of test shall be maintained in a register.
v. All plant equipment and machineries shall be tested before starting and atleast twice in a year by the competent person.
vi. The Solvent IPA shall be completely recovered from Acetamiprid M.L. in the reactor vessel.
vii. Residual Acetamiprid impurities shall be removed immediately after recovery of solvent from Acetamiprid M.L and the vessel may be kept open and it shall be ensured that steam line is 'closed'. (Annexure-C)
8. It is further submitted that a detailed Show Cause Notice dated 08.06.2021 was also issued by Joint Director of Industrial Safety and Health (FAC), Cuddalore to the Manager and Occupier seeking their explanation for the contraventions noticed in the factory during the inspection. Subsequently compliance reply letter has been received from the 8th respondent, Subsequently a correction slip was issued on 09.07.2021 by the Additional Director of Industrial Safety and Health, Cuddalore. Based on the reply for Show cause notice, the Factory was re-inspected by Joint Director of Industrial Safety & Health, Cuddalore on 29.06.2021. After getting the Administrative approval from the Director of Industrial Safety & Health, Chennai, cases under the Factories Act will be filed before the Chief Judicial Magistrate Court, Cuddalore against the Occupier and Manager of the Crimsun Organics Private Limited, Kudikadu, Cuddalore. (Annexure-D).
9. It is further submitted that this respondent acting in the capacity of Secretary to Government, Labour Welfare and Skill Development Department has instructed the Director of Industrial Safety and Health to take all necessary steps to prevent such accidents.
10. It is further submitted that a sum of Rs.15 lakhs was paid as a compensation to each of the family of the 4 deceased workers and Rs.10,000/- each was paid as compensation to 12 injured workers by the 8th respondent. In addition to this, the Government of Tamil Nadu has also sanctioned a sum of Rs. 3,00,000/- (Rupees Three Lakh only) each to those four deceased workers and a sum of Rs.1,00,000/- (Rupees One Lakh Only) to those 14 workers who were injured, from the Hon'ble Chief Minister Relief Fund. Further, workers were covered under ESI scheme and hence the dependent benefit will be paid under the ESI scheme to the families of the deceased workers.
It is therefore prayed that this Hon'ble Tribunal may be pleased to take the above submissions on record and pass suitable order/ orders as deemed fit and proper on the facts and circumstances of the case and thus render justice."
14. The Tamil Nadu Pollution Control Board filed a further report signed by the officer on 22.10.2021, e-filed on 26.10.2021 which reads as follows:-
Page 17 of 114 Page 18 of 114 Page 19 of 114 Page 20 of 114 Page 21 of 114 Page 22 of 114 Page 23 of 114 Page 24 of 114 Page 25 of 114 Page 26 of 114 Page 27 of 114 Page 28 of 114 Page 29 of 114 Page 30 of 114 Page 31 of 114 Page 32 of 114 Page 33 of 114 Page 34 of 114 Page 35 of 114 Page 36 of 114 Page 37 of 114 Page 38 of 114 Page 39 of 114 Page 40 of 114 Page 41 of 114 Page 42 of 114 Page 43 of 114 Page 44 of 114 Page 45 of 114 Page 46 of 114 Page 47 of 114 Page 48 of 114 Page 49 of 114 Page 50 of 114 Page 51 of 11415. We have received the report submitted by the Joint Committee dated Nil, e-filed on 23.11.2021 and received on 27.11.2021 which reads as follows:-
Page 52 of 114REPORT OF THE JOINT COMMITTEE IN THE MATTER OF ORIGINAL APPLICATION NO:121/2021 (SUO MOTTO) OF THE NATIONAL GREEN TRIBUNAL, SOUTH ZONE, CHENNAI, SUBMITTED TO THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTH ZONE) CHENNAI IN COMPLIANCE TO HON'BLE NGT ORDER DATED:04.06.2021.
1.0 Preamble The Hon'ble National Green Tribunal, South zone, Chennai has taken "Suo Motu" case on the basis of the newspaper report published in the Hindu Chennai Edition dated 14.05.2021, under the caption "Cuddalore pesticide unit blast kills 4". In the matter of Application No.121 of 2021 the National Green Tribunal, Sothern Zone, Chennai has passed an order dated 04 th June, 2021 (Annexure - 1), constituted a Joint Committee and directed that;
10. In order to ascertain the genuineness of the allegation and also the violations if any, committed by the 8th respondent/Crimsun Organics Private Limited mentioned in the newspaper report and it's impact, we feel it appropriate to appoint a joint committee comprising of (1) The District Collector, Cuddalore, (2) a senior Officer from Tamil Nadu Pollution Control Board (TNPCB) designated by its Chairman, (3) a Senior Officer from the Central Pollution Control Board (CPCB), Integrated Regional Office, Chennai, (4) a Senior Officer from the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) deputed by its Chairman and the Managing Director to inspect the 8th respondent/Crimsun Organics Private Limited unit in question and submit a factual as well as action taken report, if there is any violation found.
12. The Committee is directed to ascertain as to;
(i) Whether the 8th respondent unit / M/s. Crimsun Organics Private Limited is having all necessary permissions and clearances for running their unit, including environmental clearance if any required.
(ii) Whether the 8th respondent unit M/s. Crimsun organics Private Limited is complying with all the imposed conditions in the clearances and the permission granted.
(iii) If there is any deficiency for providing safety measures against the conditions imposed whether it is the cause for the accident.
(iv) Whether any environmental damage has been caused on account of the incident, if so assess the environmental damage caused and the environmental compensation to be recovered from them.
1 Page 53 of 11413. The Committee is also directed to ascertain the general precautions taken by the industries and the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) in the complex to avoid such incidents and regulatory mechanism to ascertain the number of units that are strictly adhering to the permissions granted and if not, what is the nature of action taken by the State Industries Promotion Corporation of Tamil Nadu (SIPCOT) against such erring industries.
14. The Committee is also directed to ascertain as to a. Whether any unauthorized discharge of untreated trade effluent/sewage is being done by any of the industries and b. Whether necessary pollution control mechanism has been provided to curb air pollution likely to be caused on account of the poisonous gas emission being emitted from the units if any, c. If there is any deficiency found, what is the nature of action taken and what are all the steps to be taken to improve the system to protect environment.
16. The Committee is directed to submit the report in this regard to this Tribunal on or before 16.07.2021 by e-filling in the form of searchable PDF/OCR support PDF and not in the form of image PDF along with necessary hardcopies to be produced as per rules.
The Individual respondents were also directed to file their reports before the Hon'ble NGT(SZ) in the above case.
1.0 Constitution of Committee:
In Compliance to Hon'ble NGT order, the Committee was constituted comprising of following members:
1. Thiru K. Balasubramaniam, I.A.S., District Collector, Cuddalore.
2. Mrs. H.D. Varalaxmi, Regional Director, CPCB, Chennai.
3. Thiru K. Elankumaran, Joint Chief Environmental Engineer, TNPCB (M) Trichy.
4. Thiru A. Balu, Assistant General Manager, SIPCOT, Chennai.
2.0 Committee Meeting and Field Visit:
Upon the constitution of the committee, a meeting was conducted on 08.07.2021 at Collectorate Office headed by the District Collector, Cuddalore. Along with committee members following officers from different department also participated in the meeting and also accompanied the Committee during field visit;2 Page 54 of 114
1. Thiru K. Ravichandran, Joint Director, DISH, Cuddalore.
2. Mrs. R. Thamizhselvi, Project officer, SIPCOT, Cuddalore.
3. Thiru R. Seralathan, District Environmental Engineer, TNPCB, Cuddalore.
During the meeting, District Collector briefed the Hon'ble NGT order and discussed the tasks to be completed in compliances of the order. CPCB member explained the details of information's to be obtained from the line department and field work required to be carried out by the committee to address the issues raised by the Hon'ble NGT.
3.0 Field visit by Joint Committee As per the orders of the Hon'ble National Green Tribunal (SZ), the Joint Committee has inspected the unit on 08.07.2021 in the presence of Thiru.A Paranitharan, General manager of the industry. The Committee has inspected the distillation vessel in which the accident has occurred.
The General Manager has explained the cause of the accident and about the response action taken on incident of accident. It was informed that the accident has occurred due to a mild blast in distillation kettle R-108 followed by minor fire and fumes on the second floor of the production block of the industry. The accident resulted in death of four persons and mild injuries to 2 persons and 10 numbers had inhalation impact. The main cause of death and injury / inhalation of fumes from reactor (distillation kettle) due to sudden blast opening of the manhole of distillation kettle R-108, with a resultant fire and splash of fluid and subsequent inhalation of gases/fumes.
The Committee has also inspected the Air Pollution Control measures attached to the Distillation vessels, such as Scrubbers and Vents.
The Committee has also inspected the steam production boiler, the effluent treatment systems including mechanical evaporator installed for achieving the zero discharge of effluent. There is no discharge of Treated / untreated Trade effluent inside / outside the premises of the industry. The committee has also inspected the storage of the Hazardous waste generated from the industry in the shed before disposal of the waste to the respective disposal facility.
3 Page 55 of 1144.0 Findings of the committee in compliance of Hon'ble NGT order dated June 04, 2021 :
4.1 SIPCOT Industrial Complex, Cuddalore:-
The SIPCOT Industrial Complex, Cuddalore was established during the year 1984. The Industrial complex has phase-I and phase-II where Textile processing, Pharmaceuticals, Dye, Chemicals, Pesticides and miscellaneous industries are located. The SIPCOT Industrial Complex, Cuddalore is located along the Cuddalore - Chidambaram High ways (NH 45-A). SIPCOT Phase- I has a total extent of 518.79 acres and SIPCOT Phase-II has a total extent of 190.52 acres. The total area of SIPCOT Industrial Complex Cuddalore is 709.31 Acres (Phase I & Phase II).
As per the G.O.No: 1730 Dated: 24.07.1974 The SIPCOT Industrial Estate, is classified as Special Industrial and Hazardous use zone.
4.2 Set up of M/s. Crimsun Organics Private Limited:
Formerly the unit M/s. GSR Products Limited at Plot No: C-10, a subsidiary of Nagarjuna Agrichem Limited was established during 2005 and the unit has obtained Consent to Operate in April 2006 for manufacturing 3 products (Diacetone Acrylamide, 4 - Hydroxybutyl Acrylate Glycidylether and Chloro dehydromethyl androstenediol) and 7 By- products.
The unit M/s. GSR products Limited had been demerged to M/s. Indo International Fertilizers Limited (IIFL) in the year 2010 and obtained Consent to operate to manufacture the same 3 Products and 7 By-Products. The unit later closed all manufacturing activities and its operation in the year 2016.
Later the SIPCOT has allotted this Plot No. C-10/1.40 acres of land to M/s. Crimsun Organics Pvt Ltd in Phase - I, vide allotment order dated on 13.01.2017 and Modified Lease Deed was executed on 02.08.2017, vide Doc.No.2434/2017.
M/s. Crimsun Organics Pvt Ltd has obtained Consent to Operate on 31.05.2018 to manufacture the following products 1. Fipronil 5% SC - 30 T/m, 2. Isoprothiolane 40% EC - 30 T/m, 3. Acetamiprid 20% SP - 30 T/m, Imidacloprid 17.8% SL - 30 T/m. Later the unit has obtained CTO for Expansion on 28.12.2018 to manufacture the following products 1. Fipronil 5% SC - 30 T/m, 2. Isoprothiolane 40% EC - 30 T/m, 3. Acetamiprid 20% SP - 30 T/m, 4. Imidacloprid 17.8% SL - 30 T/m, 5. Indocarb 15.8%EC - 30 T/m and Intermediate Product Indocarb 25 % Liquid Solution - 70.5 T/m.4 Page 56 of 114
Later the unit has obtained another allotment order for Plot No. C-9/1.83 acre dated on 10.05.2018 and Modified Lease Deed was executed on 08.06.2018 vide Doc No.2077/2018.
SIPCOT has allotted land for 99 years long lease basis only. Totally 3.23 acres allotted to M/s. Crimsun Organics Pvt Ltd in SIPCOT industrial complex.
Subsequently the unit has obtained the CTE of the Board to manufacture 57 products and 5 By products vide Board Proceeding dated 25.04.2019. The unit has also obtained Consent to Operate (After CTE) for the same products and By Products. The Consent has been subsequently renewed up to 31.03.2021 and the validity has been extended up to 30.11.2021 by a common order of TNPCB dated 13.05.2021.
The industry is a pesticide manufacturing unit which has obtained all permissions from Directorate of Boiler, Department of Agriculture, Tamil Nadu Fire and Rescue Service Department, PESO, Tamilnadu Pollution Control Board, Department of Industries Safety and Health, Ministry of Environment and Forest and Climate Change.
4.3 Permissions obtained by the Industry:
The unit has obtained permissions from SIPCOT, Department of Industrial Safety and Health, Tamil Nadu Pollution Control Board, Department of Fire and Rescue, PESO, Inspectorate of Boilers. The details of permissions granted and its validity are as below;
Permission
S. s obtained Document/ license Name of the
No. by unit no. Issue date Valid upto Department
Boiler Directorate of
1 License 062/SAC/2021 - 22 02.08.2021 01.08.2022 Boiler
Manufacturi Department of
2 ng License 544/2018 22.01.2019 Lifetime Agriculture
Tamil Nadu Fire
and Rescue
L.Dis.No.10139/ Service
3 Fire NOC A2/2020 09.11.2020 08.11.2021 Department
PESO P/SC/TN/15/2832
4 License (P429874) 24.07.2020 31.12.2029 PESO
For AIR -
5 CTE 1901220649983
For Water -
1904224153001 25.04.2019 31.03.2026 TNPCB
For Water -
6 CTO 2008130980190
For AIR -
2008230980190 19.08.2020 31.03.2021 TNPCB
5
Page 57 of 114
Hazardous T5/TNPCB/F.0616C
Waste UD/HWA/RL/CUD/
7 Approval 2020 19.03.2020 18.03.2025 TNPCB
Factory
8 License CDR01044 17.12.2020 31.12.2021 DISH
IA-J- 5 Years From
11011/207/2018-IA the date of
9 EC Letter II(I) 28.03.2019 Issue MoEF & CC
Panchayat
Resolution
Panchayath Panchayat passed Village
Running Resolution passed dated 02.11. President, 10 License No.6 2005 31.03.2022 Kudikadu Except Consent To Operate (CTO) under Air and Water Act, other permissions are found valid on the day of accident. It is informed that the unit had applied for renewal on 17.03.2021, however, the validity has been extended up to 30.11.2021 by a common order of TNPCB dated 13.05.2021.
The Compliance status of the imposed conditions in the license / consent issued to the industry is enclosed (Annexure - 2) As per the report of DISH the investigation was made by additional director of Industrial Safety & Health, Trichy & Deputy Director of Industrial Safety & Health, Villupuram. Since, the intermediate products are aromatic compound and the process is amino process, it is covered under chemical works and hence issued Show Cause Notice by Additional Director of Industrial Safety & Health, Trichy. (Annexure - 3).
4.4 Process description The unit has one production block, one administration block, Two solvent storage section and one ETP. The accident occurred in production in Distillation kettle No R-108. In production 14 Nos of reactors are housed, 8 Nos in second floor 6 Nos in the third floor. Distillation kettle No R-108 - (in which accident took place) is a Stainless steel 316 equipment, installed during the year 2005. It was informed by the unit officials that, depending upon the application and usage , the average life of the reactor varies between 25 to 35 years. On the day of the accident the unit was involved in the manufacture of Acetamiprid and Fipronil Technicals (Pesticide Bulk). The unit is consented to manufacture 57 products, which involves One to six stages of manufacturing depending upon the manufacturing process of the particular product. During interaction with unit representative, it was learnt that they were having more than 25 to 35 years experience in various 6 Page 58 of 114 chemical manufacturing industries. The accident occurred while allowing the distillation residue by natural cooling, after the completion of solvent recovery from the Mother liquor by atmospheric distillation, in distillation kettle R-108.
Process flow diagram given below provides the details of the manufacturing process of Acetamiprid.
7 Page 59 of 114Chemical Reactions:
Isopropyl Alcohol (IPA), is charged into the Reactor R-111, then N- (6- chloro pyridin-3- yl ) methyl) methylamine ( CPMMA) is pumped into the Reactor (R-111). The solution is cooled to 250C by circulating chilled water in the reactor jacket. Then 2-cyano-N-ethylacetamide (ENCA) is added slowly to the mass in R-111, the mass temperature shall be maintained between 25 to 35 0C. After completion of required quantity of ENCA, the mass temperature is raised to 45-
480C by circulating hot water in the jacket and the mass temperature is maintained at 45- 47 0C for 4 - 6 hours for the reaction to take place. Once the reaction completed, the mass would be cooled using chilled water and then transferred to crystallizer R-109.
Crystallization:
Required quantity of IPA shall be added to R-109 and the mass is cooled to 0 - 50C. Crystallization of the product would be started at this temperature and by maintaining this for about another 3 Hrs all the product would get crystallized from the solution.8 Page 60 of 114
Centrifuging (Separation of Product & the ML) The product suspended in the solution would be separated by centrifuging. Impurity, if any, stuck with the product is removed by washing the product in the centrifuge by IPA. Thus, product and the solvent along with impurities (Mother liquid) will be separated in the centrifuge.
Mother liquid separated from the centrifuge would be collected into the mother liquid storage tank, and shall be taken for the next batch. After circulating the ML for about 10 batches, it would be taken for circulation for removing the dissolved matter in the solvent (Impurities, Acetamiprid, CPMMA, ENCA).
Thus, the process does not generate any liquid effluent or vapor emission.
Drying Wet product would be loaded into the rotary vacuum dryer by circulating hot water in the jacket and also by applying vacuum in the shell side. On completion of the drying the product would be packed and sent to finished goods store after quality check and approval.
Chemical Reaction;
Solvent Recovery Process Process flow diagram given below shows the solvent recovery process.9 Page 61 of 114
Atmospheric Distillation of Solvent in R-108 Distillation Kettle.
The mixture of solvent, with other impurities, known as mother liquor, is pumped to the distillation kettle R-108 for the purpose of recovery of solvent and separation of impurities form the solution as residue.
The solution is heated slowly by applying low pressure steam at the jacket of the distillation kettle R-108. And the vapours evaporating from the solution is condensed in the series of condensers connected by means of vapour column. Initially the vapour enters the primary condenser where cooling water from the cooling tower would circulate as cooling medium. Most of the solvent vapours are condensed in this condenser.
If any uncondensed vapours are there it would be condensed in the secondary condenser, in which chilled water at a temperature of about 100C is circulated. Solvent condensed is collected in the solvent storage receiver and taken for reuse in the subsequent batches.
If any non- condensable of residual uncondensed solvent vapour comes out of the secondary condensers goes to the tertiary condenser, where the residual solvent vapour, would be condensed and the non- condensable would leave the condenser and goes to the vent scrubber.10 Page 62 of 114
In the vent scrubber, water is circulated, from the top of the scrubber and the gases enters from the bottom. Water soluble matter, if any present in the non-condensable vapours would be removed and then the remaining non - condensable matter would be vented at about 25 mt scrubber stack.
Distillation of IPA is carried out at atmospheric pressure, in Distillation kettle R-108. For monitoring the inside temperature of R -108, a Resistance Temperature Detector (RTD), with a digital display unit indicator is provided; also, a Pressure Gauge with an analogue indicator is provided to monitor pressure inside the kettle. Vapours of IPA from the distillation process are condensed, using a primary condenser with cooling water (33 Deg C) as cooling media and also a secondary condenser with chilled water (+10 Deg C) as the cooling media, then finally using the Tertiary condenser, where chilled brine at -20 Deg C is being used as cooling medium. Non condensable, if any, coming out of the tertiary condenser are connected to the ID fan and vented atmosphere at a height of 25 M. Thus, the vent of the distillation kettle R-108 is maintained atmospheric pressure always.
In order to ensure the complete removal of solvent from the residue, even though the boiling point of the solvent is 82.5 0C at atmospheric temperature, the mass would be gradually heated upto 120 0C.
After this temperature the only impurities, dissolved product, Raw Material alone would be present in the residue. Approx. quantity of residue would be 180 to 200 kg and approx. constituents of such residue after removal of the solvent are as under:
COMPONENT Total %
CPMMA 5.75
ACETAMIPRID 85.26
INTERMEDIATE 8.51
Once the solvent is recovered, the steam valve to the kettle would be closed and the agitator would be kept on so that the residue temperature would get reduced by natural cooling. Once the residue temperature reaches around 60 0C same would be drained in drum and after cooling to room temperature it would be transferred to Hazardous waste storage shed and disposed from there to cement industries as approved in the Hazardous waste authorization.11 Page 63 of 114
The Material Balance of IPA distillation batch in R-108 is as under:
1. Total quantity taken for distillation - 7000 Lit
2. Quantity of solvent distilled out - 6660 Lit
3. Residue left out in the Kettle - approx. 180 to 200 Ltr.
4. Loss of solvent - approx. 140 Ltr.
4.5 Sequences of Events and Causes of Accident The sequence of events is described as under:
During the night shift of 12.05.2021, the solvent recovery operation was 12.05.2021 completed; Steam supply to the Kettle limpet coil was stopped around Around 0200 hrs, by Mr. Nirmal Raj (Shift Chemist), by closing the steam line 0200hrs inlet valve and kept the stirrer in 'ON' condition and informed the night Shift In-charge, Mr Kalaiselvan about the status of the R-108. Mr Kalaiselvan went to the second floor and inspected the residue, inside the Kettle R-108 and instructed Mr. Nirmal Raj that once the temperature of residue cools to 60 Deg C, it can be drained, during first shift hours, of the succeeding day.
13.05.2021 Shift Chemist, Mr Kumaresan, who was operating the nearby reactor, had Around seen that slight fume coming from the reactor area and informed to the 0730 hrs Shift Chemical Engineer, Mr Manikandan. Immediately Mr Manikandan, came to the spot and noticed lube oil from the agitator mechanical seal pot, started flowing out like a pressure- spray, over the kettle and fumes coming from the manhole cover of Kettle (R-108) 13.05.2021 Tried to apply cooling water to the reactor (R-108) limpet coil, but gave Around up, when he had observed a mild blast lifting the manhole top cover at 0740 hrs about 0740hrs, and more smoke started coming around and hence he started to run away from the spot to ground floor.
13.05.2021 Since some amount of residue material, from the Distillation kettle R-108, Around got splashed over the pipe lines, reactors, paper bags etc., as an immediate 0750 hrs safety measure, electrical power to the plant was put out; More smoke started emanating as the lub oil in the Kettle R-108 Shaft Mechanical seal , cold insulation material and the paper bags, plastic chairs , records kept 12 Page 64 of 114 in second floor etc . Fire tender from the SIPCOT fire service station was called and they reached at around 7.50am.
Since the fire was mainly due to seal oil, cold insulation, empty bags, plastic chairs, records and some empty drums material, same was brought under control using fire extinguishers and connecting foam nozzles in the fire hydrant hoses , on solid fires using fire hydrant water . 13.05.2021 At the time of the incident, all the employees & plant helpers, who were Around working, in second, first and ground floors, Utility etc came down to the 0755 hrs adjacent ground floor area, outside the production block.
However, 2 company employees and 4 plant helpers (contract workers) who were working on the third floor went to the terrace. In that, one employee and three helpers, who again attempted to come down to ground floor through thick smoke, fainted near to the terrace staircase. These fainted 4 employees were immediately rescued and taken to hospital, where unfortunately all four of them, passed away. At around 0755 hrs, the other 2 employees, who were staying at the terrace, near water tank, came down, after the smoke subsided, without getting affected.
Apart from the above four people, who were initially taken to hospital, total 11 people were there in the production block at the time of incident and 1 safety steward went to rescue the people. All these 12 people were provided initial First Aid by the Company which is mentioned as under:
The employees were shifted from the accident place to fresh air. Shower wash was given for 10-15mts. Then the contaminated clothes were removed. Water eye wash was given for over 15mts with holding eye open. Employees' consciousness level & SPO2 was checked which was in between 97-98%. Airway were clear & 8 litre of oxygen was given through face mask to treat breathing difficulty. For skin irritation & blister- 2.5% calcium gluconate gel was applied after water wash.
The personnel were shifted to the Govt. Head Quarters Hospital, Cuddalore and were later discharged.13 Page 65 of 114
4.6 The Possible causes of the Accident as reported by Joint Director - DISH:
i. In order to release sudden abrupt rise of pressure and heat in the reactor vessel above the required level of pressure and heat, for additional safety purpose, the safety valve supposed to be installed but the same was not in place. And not connected to Scrubber system to avoid gas release outside.
ii. If the leak occurred in between steam line to reactor vessel, in order to avoid steam leak, double valves had not been installed & in between the double valves, a bleeder valve had not been installed.
iii. In case of temperature rise above the required level in the reactor vessel, the arrangement for supply of cooling water in the steam line has not been made. iv. Since the Acetamipride impurities are decomposing material, it should not store in the reactor vessel at large quantity. It should be drained to Drums. After draining the reactor vessel, the reactor vessel should be tested.
v. It was concluded that in the absence of above mentioned safety measures, the malfunctioning of the steam valve might have led to the continued heating of the residue, even after closing the valve at 0200 hrs. Sudden blast-opening of the manhole, with minor fire and splash of fluid occurred. Fire at incipient could not be controlled, due to leaking seal oil over the reactor. Another source of ignition could be the static discharge developed due to sudden opening of manhole.
vi. The committee also noticed that absence of automation, comprehensive standard operating procedure on operational parameters like temperature, pressure, addition of chemicals etc., No alarm system in the process area to alert the personnel during unforeseen situation /emergency, lack of knowledge/training on safety precautions to be taken during emergency situation caused the death of four people and injuries to 12 employees.
4.7 Details of deceased and injured persons due to accident:
As per the information of industry representative, at the time of accident employees and plant helpers working in second, first and ground floors came down to adjacent ground floor area, however 2 company employees and 4 helpers working in the third floor went to terrace, in that one employee and three helpers attempted to come down due to thick smoke all 4 fainted and shifted to Government hospital, Cuddalore. As per the Post mortem report 14 Page 66 of 114 all 4 bodies were shifted to hospital in between 4.00 to 5.00 PM on 13.05.2021. In all 4 postmortem report exact cause of death is not specified.
Table No. 1 Details of deceased persons Sl. Designation Age Qualification Name of the deceased No 1 Mr. Rajkumar. R Plant Helper 42 8th Standard 2 Mr. Ganapathy. K Plant Helper 25 12th Standard 3 Mrs. Savitha. S House Keeping 35 9th Standard 4 Mr. Vijeshraj. V Trainee Chemist 25 BSc Chemistry Apart from above 11 people working in production block and one safety steward went to rescue the people got injured, it is informed that all 12 people provided initial First aid before shifting to the government hospital, one person with the injury in the hand was referred to Mahatma Gandhi Medical College and Research Institute, Puducherry. The other 11 were kept under observation for approx. 48 hours, thereafter the hospital was requested to release them on request for further precautionary investigation in other hospital.
Table no. 2 Details of Injured persons Sl. Designation Age Name of the injured No 1 Mr. Hariharan. M Chemist 23 2 Mr. Raj. M Trainee Chemist 29 3 Mr. Vinothkumar Fire Steward 25 4 Mr. Manikandan. R Shift In charge 31 5 Mr. Jawhar Gowrirajan. S Chemist 29 6 Mr. Sabari. S Trainee Chemist 21 7 Mr. Ramkumar Chillar Operator 26 8 Mr. Sathiyamoorthy. L Fitter 30 9 Mr. P.Sathishkumar Trainee Chemist 27 10 Mrs. Selvi House Keeping 42 15 Page 67 of 114 11 Mrs. Gunasundari. M Housekeeping 49 12 Mr. Vignesh S (injured due to assault) Chemist 25 4.8 Who is responsible for accident:
It is the primary responsibility of the unit to establish safety measures like Automation, interlocking for critical process parameters like temperature, pressure, Safety valves, alarm system. The unit has to take regular calibration of equipment's, Standard operating Procedures should be made available in each equipment's. It is unit responsibility to allow only trained employees in the production area and also it is mandatory to comply with all statutory, regulatory, safety clearances stipulated by various concerned departments. The committee observed that gross negligence of the unit as well as handling of equipment by semi trained employees are responsible for the accident.
4.9 Damage Assessment and Calculation of Compensation:
The accident was restricted to one reactor namely R-108 in the particular production block. The other reactors were found intact, no impacts observed outside the production block or outside the unit. The damages occurred are as follows;
i. Loss of life and status of award of compensation:
Seventeen people were present in the production block where accident happened, out of which one permanent employee and three contract employees were died and 12 people got injured during accident, the committee interacted with two injured employees, the statement given by them is as below ;
a. At first fumes were observed from Reactor 108 and learnt that Globe valve was not closed properly which caused for flow of steam into reactor which supposed to be cut off, he was tried to close the secondary valve that time lube oil was started splashing and got spots on his hand hence he ran away from the place and got burn injuries on his hand.
b. Safety Steward rushed to rescue the people from production block but due to disturbance in personal protection equipment, he inhaled the fume and got unconsciousness, after giving first aid treatment he was shifted to hospital.16 Page 68 of 114
Regarding compensation a peace committee meeting was conducted by the District Administration under the Chairmanship of Revenue Divisional Officer (RDO), Cuddalore and the representatives from the industry and the public participated in the meeting. It was decided in the meeting that the industry shall pay Rs 15.0 Lakhs to the dependants of each deceased employee as compensation (Minutes of the peace committee meeting enclosed vide Annexure - 4). Accordingly the industry has paid the compensation amount and the family members of the deceased employees had accepted the compensation.
In accordance with Employees Compensation Act 1923 the mechanism of calculating the compensation is Compensation = 50 % of Monthly wages x Relative factor The amount of Compensation to be paid to the family of the deceased as per the Employees Compensation Act 1923 is detailed below;
Table 3: Details of Compensation to be paid to the Deceased Sl. Name of the Nature of Age Wages Employee No Deceased Employment Rs. Compensatio n Rs.
1 Private 42 7254.0 647383/-
Mr. Rajkumar. R Contract 2 Private 25 11596.0 1257644/-
Mr. Ganapathy. K
Contract
3 Private 35 7254.0
Mrs. Savitha. S
Contract 714737/-
4 Company 25 13170.0 1428352/-
Mr. Vijeshraj. V
Employee
Hence, the compensation of Rs 15 lakhs paid by the industry to the dependant of each deceased is adequate as per the Employees Compensation Act 1923.
In addition the Government of Tamilnadu has paid the compensation of Rs. 3 Lakhs to the family of each deceased. All the above workers are covered under Employee State Insurance (ESI). Under ESI Act monthly pension at the rate of 90 % of Last drawn wages are admissible to them.
Out of 12 injured, 11 were discharged after 48 hours observation from Hospital, one was discharged after 3 days of treatment from MGMC&RI, Puducherry. It was reported that 17 Page 69 of 114 they resumed the duty. The unit representative informed the committee that expenditure incurred towards their treatment was borne by the unit and all are keeping fine. The unit has announced following compensation of injured employees;
Table 4: Detail of Compensation paid to injured people Sl. Name of the injured Designation Compensation paid in Rs.
No. By unit By govt Total amount
1 Mr. Hariharan. M Chemist 10,000/- 1,00,000/- 1,10,000/-
2 Trainee 10,000/- 1,00,000/- 1,10,000/-
Mr. Raj. M
Chemist
3 Mr. Vinothkumar Fire Steward 10,000/- 1,00,000/- 1,10,000/-
4 Shift In 10,000/- 1,00,000/- 1,10,000/-
Mr. Manikandan. R
charge
5 Mr. Jawhar Gowrirajan. S Chemist 10,000/- 1,00,000/- 1,10,000/-
6 Trainee 10,000/- 1,00,000/- 1,10,000/-
Mr. Sabari. S
Chemist
7 Chillar 10,000/- 1,00,000/- 1,10,000/-
Mr. Ramkumar
Operator
8 Mr. Sathiyamoorthy. L Fitter 10,000/- 1,00,000/- 1,10,000/-
9 Trainee 10,000/- 1,00,000/- 1,10,000/-
Mr. P.Sathishkumar
Chemist
10 House 10,000/- 1,00,000/- 1,10,000/-
Mrs. Selvi
Keeping
11 Mrs. Gunasundari. M Housekeeping 10,000/- 1,00,000/- 1,10,000/-
12 Mr. Vignesh S (injured due Chemist 10,000/- 1,00,000/- 1,10,000/-
to assault)
ii. Environmental damages due to accident:
a. Damage to Water Environment :
Informed that to drowse the fire, service team used Fire extinguishers to extinguish the small fire which was at the various locations of insulation. The water from the Fire tender was used for quench the drums containing solvents to keep them cool the water used was about 4.5 kl of water and 0.5 kl of foam. The quenched water/ water used for washing in production area was collected and transferred to the ETP. Hence the unit claims that no water pollution was caused due to this incident and the same was confirmed from TNPCB.
18 Page 70 of 114Table 5: Type and quantity of Fire Extinguishers used are as under:
Sl.no. Description Quantity 1 CO2-(6.5 kg) 1 2 CO2-(4.5 kg) 1 3 ABC-6 kg ( Mono Ammonium Phosphate ) (Powder ) 9 4 Dry Chemical Powder - 6kg (Sodium Bi carbonate 7 Powder ) 5 Dry Chemical Powder - 9kg (Sodium Bi carbonate 1 Powder ) 6 Self - Containing Breathing Apparatus (Air) 3 7 Aqueous Film Forming Foam can 60 Lit 3 8 Water Used from COPL reservoir in KL 5 b. Damage to the soil :
Informed that, the fire was restricted to production area only. However, as a precautionary measure to confirm that there is no impact to the soil, the company suo moto took an initiative and deputed GLENS Lab to collect the homogenous sample all around the production block in order to verify the impact of the incidence including use of the Fire extinguishers on the soil around the production block. As per the Results of Analysis, no soil contamination reported.
c. Damage to Air It is Informed that, there was no major impact of the incident on the surrounding reactors and machineries except for some pipelines, Flanges, Valve, insulation, electrical wires etc. Apart from the above Catalyst got spilled and got drained and was collected into the ETP. Further, some paper bags lying on the shop floor and the cold insulation material got burnt.
The list of the material lost, their chemical formulation and quantity thereof is given below;
Items Quantity Residue comprising of Acetamiprid, CPMMA 200 Kgs & other impurities Paper Bags with LDPE lining (including other 10 Kgs papers) 19 Page 71 of 114 Cold Insulation comprising of thermocol 50 Kgs Plastic barrel (LDPE) 10 Kgs Plastic chair (LDPE) 2.5 Kgs Lubricating oil 4 Ltr.
Acetamiprid filtrate taken for distillation-7000Ltrs. Solvent recovered - 6600Ltrs.
Residue - (180-200kgs) Approx.
Loss- 135Ltrs Approx.
200 kg of residue lost in fire:
COMPONENT Total % Weight in Kg
CPMMA 5.75 11.50kg
ACETAMIPRID 85.26 170.5kg
INTERMEDIATE 8.51 17kg
Details of gases produced.
The gases that are released during the reaction are CO2, HCl and NO2.
Gases produced because of combustion of each element of CPMMA.
C7H9ClN2 + 11O2 7CO2 + 4H2O + HCl + 2NO2
156.5 352 92
308 72 36.5
11.50 Kg of CPMMA Available in the residue So, after combustion CO2 - 22.63Kg HCl - 2.68Kg NO2 - 6.76Kg H2O -5.29Kg 10CO2 + 5H2O + HCl + 4NO C10 H11 ClN4 + 16.5O 528 2 440 90 184 2 36.5 222.5 Gases produced because of combustion of each element of Acetamiprid.
170.5 Kg of Acetamiprid Available in the residue.
So, after combustion
20
Page 72 of 114
CO2 - 337.16Kg
HCl - 27.97Kg
NO2 - 140.99Kg
H2O -68.96Kg
C12H17ClN4O + 19.5O2 12CO2 + 8H2O + HCl + 4NO2
624 528 144 36.5 184
268.5
Gases produced because of combustion of each element of Acetamiprid intermediate.
17 Kg of Acetamiprid intermediate Available in the residue So, after combustion CO2 - 33.43Kg HCl -2.31Kg NO2 - 11.65Kg H2O -9.11Kg So overall gas combustion from the 200kg of the residue is.
CO2 - 393.23Kg, HCl - 32.96Kg, NO2 - 159.40Kg and water 83.37Kg.
Combustion of paper bags & thermocol Combustion of paper in presence of oxygen(cellulose) (C6H10O5)n+ 6O2 6CO2 + 5H2O 264 90 162 192 5 Kg of paper burnt in fire, it gives 8.14kg of carbon dioxide and 2.77kg of water will generate.
Combustion of LDPE in presence of oxygen 3(C2H4)n + 6 O2 5CO2 + 2CO + Hydrocarbon 84 192 220 56 5Kg of LDPE will burnt in fire, it gives 13.09kg of carbon dioxide and 3.33kg of carbon monoxide and 0.71kg of hydrocarbon will generate.
21 Page 73 of 114 Combustion of Thermocol in presence of oxygen (C8H8)n + 10 O2 8CO2 + 4H2O 352 72 104 320 50Kg of thermocol will burnt in fire, it gives 169kg of carbon dioxide and 34.6kg of water will generate.
Combustion of plastic barrel (LDPE) in presence of oxygen 3(C2H4)n + 6 O2 5CO2 + 2CO + Hydrocarbon 84 192 220 56 10Kg of plastic barrel will burnt in fire, it gives 26.19kg of carbon dioxide and 6.6kg of carbon monoxide and 1.5kg of hydrocarbon will generate.
Combustion of (plastic chair) LDPE in presence of oxygen 3(C2H4)n + 6 O2 5CO2 + 2CO + Hydrocarbon 84 192 220 56 2.5Kg of plastic chair will burnt in fire, it gives 9.16kg of carbon dioxide and 2.33 of carbon monoxide and 0.5kg of hydrocarbon will generate. Combustion of Lubricating oil in presence of oxygen C8H18 + 9O2 5CO +2CO2 + 9H2O + C 114 288 88 162 12 140 4.0 kg of Lubricating oil combust in presence of oxygen will give, 5.71kg of carbon monoxide and 3.52kg of carbon dioxide and 0.5kg of carbon and 6.5kg of water will generate Table 6: Calculation of Compensation based on EU handbook Using EU Handbook Quantity Chemical COMPONENT generated CO CO2 HCL NO2 H2O Formula (in Kgs) CPMMA 11.5 - 22.63 2.68 6.76 5.29 22 Page 74 of 114 ACETAMIPRID 170.5 - 337.16 27.97 140.99 68.96 INTERMEDIATE 17 - 33.43 2.31 11.65 9.11 Paper Bags with 10 3.33 21.23 - - 2.77 LDPE lining Cold Insulation comprising of 50 - 169 - - 34.6 thermocol Plastic barrel 10 6.6 26.19 -
(LDPE)
Plastic chair
2.5 2.33 9.16 -
(LDPE)
Lubricating oil 4.57 5.71 3.52 6.5
TOTAL (Qty in
Kgs) 277.07 17.97 622.32 32.96 159.4 127.23
Environmental
Price as per
Environmental
Price EU 28
version published
by European
Union) £0.0918 £0.0950 £17.9000 £22.1 £0.0000
Foreign Ex Rate 88.67 88.67 88.67 88.67 88.67
Amount 146 5,242 52,314 312,361 0.00
European Union has published Handbook of Environmental Prices EU28 version where in prices are expressed in Euros per kilogram pollutant emitted into the environment. The committee has used the document as reference to calculate the prices of the pollutants emitted into environment. The document indicates three types of pricing lower, central and upper depending quantity of emissions. The committee has used higher limit because though the total quantity of gases emitted is less but acute exposure resulted in four casualities. In the document, environmental prices for HCL is not assigned, when released into the environment, it will give acidic impact therefore the rate is taken that of sulfur dioxide. Hence the committee has used the environmental prices assigned to SO2 for calculating damage due to HCL. The total amount of compensation payable is Rs. 3,70,064/- as per EU 28 version 23 Page 75 of 114 Contribution of Emissions into the atmosphere as per Environmental Damage Cost Assessment by NEERI document:
200 kg of residue lost in fire:
Table 7: Calculation of compensation based on NEERI document Quantity Approximate Approximate Chemical Market price of cost of COMPONENT generated Formula material lost material lost (in Kgs) CPMMA 11.5 Rs. 250/Kg 2875/-
ACETAMIPRID 170.5 Rs.1000/kg 1,70,500/-
INTERMEDIATE 17 Rs.500/Kg 8500
Paper Bags with LDPE Rs. 5000/kg 50000
10
lining
Cold Insulation comprising Rs.1000/kg 50000
50
of thermocol
Plastic barrel (LDPE) 10 no.s Rs.800/ barrel 8000
Plastic chair (LDPE) 1no. Rs.400/ chair 400
Lubricating oil 4.57 Rs.1000/ kg 4570
Total cost 2,94,845/-
COMPONENT Total % Weight in Kg
CPMMA 5.75 11.50kg
ACETAMIPRID 85.26 170.5kg
INTERMEDIATE 8.51 17kg
Damage cost = Market price+ opportunistic cost+ treatment cost Damage = Market + Opportunistic cost + Treatment cost Cost price = Actual cost + The essential product which + Nil of the could be beneficially used in material lost treatment of ailments is The injured employees have wasted. The committee has recovered and joined duty and assumed the market price of all four injured have informed the product is considered as that they are not facing any opportunistic cost health issues. The cost of treatment is already borne by the unit. Hence presently no additional treatment cost is required for injured employees but unit shall carry out health monitoring of injured employees 24 Page 76 of 114 for two years.
Since the entire reaction mixture evaporated within 30 minutes, no cleanup is required. Hence treatment cost is taken as Nil.
= 2,94,845/- + 2,94,845/- + Nil Total = Rs. 5,89,690/- damage Rs. Five lacs eighty nine thousand six hundred and ninety only cost
The committee opines that Environmental Damage cost arrived as per the NEERI document i.e. Rs 5,89,690.00 may be considered for having released the pollutant to atmosphere due to accident.
iii. Total compensation liable to pay by M/s Crimson Organic ltd;
a. The unit has already paid Rs. 15 lacs to the family of each deceased (Total Rs. 60 lacs paid towards Compensation to the family of deceased persons). b. The unit has already paid compensation of Rs. 1.2 lacs to 12 injured employees @ of Rs. 10000/- to 12 injured employees c. The unit shall pay environmental compensation of Rs. 5,89,690.00/- on account of contribution of emissions into environment.
5.0 PRECAUTIONS & SAFETY SYSTEMS IN OTHER INDUSTRIES OF SIPCOT INDUSTRIAL ESTATE.
5.1 Status of Licenses obtained and its compliance by the Chemical industries in SIPCOT i. The SIPCOT Verified the license obtained by the 13 chemical industries located in SIPCOT, the status of license are tabulated in Table 8.
Table 8 : Details of license obtained by 13 Chemical Industry Licenses obtained by the individual industries by SIPCOT Industrial Park, Cuddalore with their validities and inferences.
Product
Name of the Licenses
S.No manufactured and Validity Remarks
Unit obtained
its capacity
M/s. Tagros Product 1. Factory The
1 31.12.2021
Chemicals 1.Deltamethrin - 20 License application
25
Page 77 of 114
India Private Tonnes/Month 14.2.2020 for renewal
limited 2.Oxyclozanide - 2 2. Fire License (application of fire
Tonnes/Month under process) licence is
3.Hexaconazole/Pro 3. Town and under
(Application
piconazole/Dicamba/ Country process.
under Process)
Tricyclazole - 20 Planning
Tonnes/Month 4. Pollution
4.Metaphenoxy control board 31.03.2022
Benzyle Alcohol - License
40 Tonnes/Month
5.Alphacypermethrin
/ Cypermethrin /
Permethrin - 175
Tonnes/Month
6.Quinopyramine
sulphate - 1.75
Tonnes/Month
7.D.V. Acid
Chloride - 15
Tonnes/Month
By Product:
1. Hydrochloric
Acid - 475 Tonnes/
Month
2. Sodium
Sulphite solution -
1350 Tonnes/ Month
3. Sodium
Sulphite Powder -
200 Tonnes/ Month 5. PESO 31.12.2023
4. Aluminium
Chloride Solution -
125 Tonnes/ Month
5. Ammonium
chloride solution -
330 Tonnes/ Month
6. Mixture of
Ortho and Para
bromo Toluene - 95
Tonnes/ Month
7. IsoPropoylAlc
ohol and EDC - 30
Tonnes/ Month
2,2,2 -
Tricholoroethyl 3,3
Dimethyl -4-
Chlorocyclo
butanone - 40
Tonnes/ Month.
26
Page 78 of 114
1. ISO
19.06.2022
Certificate
2. Factory
31.12.2021
License
3. Fire &
Rescue Service 24.08.2021
License
M/s. Solara 4. PESO The unit
(32 Products) 2868 31.12.2024
Active Pharma License possess all
2 TPA (7.858 ton/day)
Sciences 5. Consent to valid
31.03.2022
Limited operate - Air licenses
6. Consent to
31.03.2022
Operate - Water
7. Hazardous
waste 11.02.2024
Authorisation
8. Boiler
11.04.2022
Certificate
1. Factory
31.12.2022
License
2. Fire License 27.12.2021
3. Boiler
18.04.2022
Certificate
Product 4. Sulphur
31.12.2021
1. Aluminium Storage License
Fluoride - 1550 5. NOC for
Except
MTPM Transportation 13.09.2021
CTO -
2. Hydrofluoric Sulphur
Renewal
Acid - 1650 MTPM 6. Consent
31.03.2020 under Air
3. Biomass Gas order AIF3
and Water
- 66000 CUM/Day 7. Consent
31.03.2020 Act the
M/s. Tanfac 4. Captive order - Cryolite unit has
3 Industries Power - 2.5 MW 8. Consent
31.03.2022 valid
Limited 5. Sulphuric acid order - SOC license. The
& oleum - 7750 9. Consent Renewal of
MTPM order - HFO 31.03.2022 CTO is
By Product: Genset under
1. Anhydrite 10. Hazardous process at
Calcium Sulphate waste
23.05.2022 TNPCB
5950 MTPM Authorization -
2. Hydro Fluo Silicic AIF3
Acid 75 MTPM 11. Hazardous
waste
27.02.2022
Authorization -
SOC
12. Hazardous
waste 27.02.2022
Authorisation -
27
Page 79 of 114
HFO
1. Factory
31.12.2023
License
2. Consent to
31.03.2023
Operate (Air)
The unit
PRECIPITATED 3. Consent to
M/s. Tata 31.03.2023 possess all
4 SILICA - 900 Operate (Water)
Chemicals Ltd valid
TONS/MONTH 4. Hazardous licenses
waste 30.05.2023
authorisation
5. Fire License 18.08.2021
1. External Test
Inspection of 17.09.2021
pressure vessels
2. Tessting
calibration of
28.10.2021
safety valves
(Nitrogen)
3. Boiler
24.09.2021
Registration
4. Class A 31.12.2023
5. Class B 31.12.2023
Blue pigments-----
275 Tons/Month 6. Class C 31.12.2023
Intermediates --- 115
Tons/Month 7. N2 License 30.09.2021
The unit
M/s. Clariant Tetra Chloro Copper
possess all
5 Chemicals phthalocyanine --- 20 8. CI2 Tonner 30.09.2025
valid
India Limited Tons/Month
9. Licenses for licenses
Mono chloro
Goods / 09.09.2021
Phthalic Acid --- 30
Passenger Lifts
Tons/Month.
10. Lifting tools
20.11.2022
& tackles
11.Calibration
of Electronic
weighing
06.07.2021
machine,
weights &
stamping
12.Factory
31.12.2022
License
13. Labour
31.01.2022
welfare fund
14. Property
31.03.2022
Tax
28
Page 80 of 114
15. Consent
31.03.2022
order
16. Hazardous
waste 15.02.2023
Authorization
17. Fire NOC 23.12.2021
18. Export
31.03.2022
License
1. Consent to
31.03.2022
Operate (Air)
2. Consent to
31.03.2022
Operate (Water)
3. Hazardous
waste 21.12.2021
Authorization
4. Authorization
One time
M/s. Under BW
Authorization The unit
Chemplast PVC Resins - Rules
possess all
6 Cuddalore 300,000TPA
5. Fire License 20.12.2021 valid
Vinyls
licenses
Limited 6. PESO
31.12.2022
License
7. Boiler license 28.09.2021
8. Factory
31.12.2021
License
9. Panchayat
One Time
Running
Approval
License
1. Hazardous
Waste 20.12.2021
Authorization
2.Consent to
31.03.2022
1. Ammonium Order (Air)
The unit
Perchlorate - 37.50 3.Consent to
M/s. Pandian 31.03.2022 possess all
7 TPM Order (Water)
Chemicals Ltd valid
2. Sodium Chloride -
4. Fire NOC 17.09.2021 licenses
18.12 TPM
5. Factory
31.12.2024
License
6. Boiler
14.03.2022
Certificate
Gelatine 1. Factory
31.12.2021
M/s. Pioneer : 300 MT/ Month License The unit
Jellice India Ossein possess all
8 2. Fire License 04.05.2022
Private : 800 MT/Month valid
Limited Di calcium 3. Boiler licenses
Phosphate : 1,700 04.10.2021
Certificate
29
Page 81 of 114
MT/Month 4.Consent for
30.11.2021
water
5. Consent for
30.11.2021
Air
6. Extension
validity period
31.11.2021
for consent
orders
7. Drug License 20.08.2022
1. Factory
31.12.2022
License
2. Consent to
30.11.2021
Operate (Air)
3. Consent to
30.11.2021
Operate (Water)
M/s. DFE Microcrystalline 4. Fire NOC 27.12.2021 The unit
Pharma India Cellulose - 300 possess all
9 5. Panchayat
Private MT/Month valid
Running 27.12.2021
Limited licenses
License
6. Boiler
06.01.2022
Certificate
7. Drug License 31.12.2021
8. ISO
15.02.2022
Certificate
1. PESO
31.12.2022
Main Product: License
1. Formaldehyde - 2. Fire License 08.11.2021
675 MTPM
2. PentaErythritols 3. Factory
31.12.2022 The unit
(Powder & solution License
M/s. Asian possess all
10 form) - 730 MTPM 4.
Paints Limited valid
By Products: Environmental 31.03.2021
licenses
1. Sodium Formate Clearance
(Powder and 5. Consent
31.03.2022
Solution form) - 480 order Air
MTPM 6. Consent
31.03.2022
order Water
1. Factory
31.12.2023
License
2. Consent to
Thermoplastic 31.03.2027 The unit
Operate (Air)
M/s. Covestro Polyurethane resin possess all
11 3. Consent to
India Ltd and compound - 500 31.03.2027 valid
Operate (Water)
Tons per month licenses
4. Hazardous
waste 30.11.2021
authorization
30
Page 82 of 114
5. Bio medical
waste 31.03.2027
Authorization
6. Fire License 18.09.2021
7. PESO
21.12.2024
License
1. Speciality 1. Factory
31.12.2023
Chemicals as License
Organic Peroxides - 2. Consent to
31.03.2023
400 T/Month, 2. Operate (Air)
Cross linking agent 3. Consent to
formulation - 16 31.03.2023
Operate (Water)
M/s. Arkema Tonnes / Month, 3. 4. Hazardous The unit
Peroxides Lauryl Chloride -50 waste 30.01.2025 possess all
12
India Private Tonnes / Month authorization valid
Limited By Products licenses
1. Phosphoric acid -
0.83 Tons/ Month
2. Benzoic acid - 60 5. Fire License 02.08.2021 T/ Annum
3. Sulphuric acid -
80 Tons/ Month
Para chloro benzyl 1. Boiler The unit
30.07.2021
cyanide - 20 TPM, License has
Pyrazole - 20 TPM, 2. obtained
Metaphenoxy Manufacturing Lifetime relevant
Benzaldehyde License Licenses
(MPB) - 30 TPM, and they
Thiophanate Methyl 3. Fire NOC 08.11.2021 have
- 50 TPM, 4. PESO obtained
Hexaconazole - 30 31.12.2029 validity as
License
TPM, Propiconazole on date.
- 30 TPM, 5. CTO Air 30.11.2021 The
Difenoconazole - 15 Consent
M/s. Crimsun
TPM, Tricyclazole - validity has
Organics
13 50 TPM, been
Private
Carbendazim - 50 extended
Limited
TPM, by a
Cyproconazole -30 common
TPM, order of
Trifloxystrobin - 20 TNPCB
TPM, Cymoxanil - 6. CTO water 30.11.2021 dated
20 TPM, 13.05.2021
Pyraclostrobin - 20 and the
TPM, Metalaxil - 20 consent
TPM, Tebuconazole order
- 20 TPM, Boscalid validity has
- 20 TPM, been
Picoxystrobin - 20 extended
31
Page 83 of 114
TPM, Thifluzamide up to
- 20 TPM, 30.11.2021.
Pretilachlor - 50
TPM, Glyphosate -
7. CTE Air 31.03.2026
50 TPM,
Clodinafop-
propargyl - 20 TPM, 8. CTE water 31.03.2026
Bispyribac-Sodium - 9. Hazardous
20 TPM, Quizalofop waste 18.03.2025
- 20 TPM, Authorization
Propaquizafop - 20 10. Factory
TPM, Mesotrione - 31.12.2021
License
20 TPM, Fluroxypyr
- 20 TPM, 11. EC Letter 27.03.2024
Imazamox - 30
TPM, Pinoxaden -
30 TPM, Ametryn -
30 TPM,
Tembotrione - 20
TPM, Topramezone
- 20 TPM,
Halosulfuron - 20
TPM, Penoxsulam -
20 TPM
Flucetosulfuron - 20
TPM, Pendimethalin
- 30 TPM,
Chlorimuron - 20
TPM, Nicosulfuron
- 20 TPM,
Metsulfuron - 20
TPM, Acephate - 30 12. Panchayat
TPM, Diafenthiuron- 31.03.2022
running License
30 TPM,
Imidacloprid - 30
TPM, Buprofezin -
30 TPM
,Thiamethoxam - 30
TPM, Cypermethrin
- 30 TPM, Alpha
cypermethrin - 20
TPM, Fipronil - 20
TPM, Acetamiprid -
30 TPM, Propargite
- 30 TPM,
Indoxacarb - 20
TPM
Dinotefuran - 20
TPM, Flonicamid -
20 TPM, Etoxazold
32
Page 84 of 114
- 20 TPM,
Metaflumizone - 20
TPM, Spiromesifen
- 20 TPM,
Spirotetramat - 20
TPM,
Chlorantraniliprole -
20 TPM, Sulfoxaflor
- 20 TPM
ii. As per the information's of TNPCB, 40 units (Total 45 units) are complying with all conditions of CTO under Air & Water Acts and Authorisation under H&OW Rules 2016, however 2 units (M/s. Tanfac ALF3 and M/s. Tanfac Cryolite) are not complying the consent order conditions, hence directions were issued to the units and the units have rectified the deficiency indicated in the Board's Directions and the renewal of Consent is under process, other two units were not in operation and one unit was closed and vacated. Industry wise compliances are compiled and enclosed at Annexure -5. iii. The Committee inspected the industries with process reactors in SIPCOT Industrial Complex along with the Joint Director (Dept. of Industrial Safety and Health). The Committee has inspected the reactors operating under pressure and the reactors operating under atmospheric pressure. During inspection the safety aspects installed for the various reactors in the industries, such as safety valves, alarms, hooters, scrubber systems, vents etc., were inspected and its performances were verified. The systems such as PLC, DCS and SCADA systems employed as the control mechanism were also verified.
The critical vessels with the calibration dates of the safety valves, gas sensors, smoke detectors were inspected. The Fire hydrants, fire monitors employed in the industries of SIPCOT with the storage of fire fighting water and readiness of action in case of an outbreak of fire is inspected.
The details of safety systems and control systems employed in the industries of SIPCOT are compiled and Enclosed as Annexure - 6. The industry wise status of compliances and deficiency observed by the committee are tabulated in Table 9.
33 Page 85 of 114Table 9 : Status of Safety measures taken by the 13 Chemical industries No. of Reactors Remarks of the Sl.
Name of the Cri Non Details of Safety Committee
No To
Unit M/s. tic Criti Measures taken
. tal
al cal
Safety Valves 26 The unit has
Safety Supervising Control
25 And Data Acquisition
Appliances
(SCADA) which helps
Rupture Discs 51
to supervise the
Interlocking ongoing operation and
15
systems indication of any failure
Pressure vessel 25 in the operational
Hooter, parameters which
Temperature requires man inception
Tagros for rectification. Only
Chemicals Indicator,
1. 5 58 63 Reactor agitator advantage is early
(INDIA) detection and caution to
Limited guard, Scrubber
System and operator in case of any
Reactor Alarm failure.
Annunciator are
connected in the The committee
SCADA system. witnessed the function
The safety of SCADA
measures are
found to be
functional and
adequate.
2. Solara Active 1 14 15 Safety Valves 75 The unit has (SCADA)
Pharma Safety 4 which helps to
Sciences Pvt Appliances supervise the ongoing
Limited Interlocking 1 operation and indication
systems of any failure in the
Pressure vessel 60 operational parameters
Hooter,Tempera which requires man
ture Indicator, inception for
LEL deductor, rectification. Only
Scrubber System advantage is early
and Reactor detection and caution to
Alarm operator in case of any
Annunciator are failure.
connected in the The unit has
SCADA system. interlocking system in
The safety door of critical reactor
measures are room which prevents
found to be entry of person during
functional and process.
34
Page 86 of 114
adequate.
The committee
witnessed the function
of SCADA by
stimulating operational
parameters
3. Tanfac 3 73 76 Safety Valves 76 The unit has DCS
Industries Safety 3 system through which
Limited Appliances controlling process
Interlocking 3 parameters and safety
systems system. Safety
Pressure vessel 73 Integrated System of
Hooter,Tempera DCS will take care of
ture Indicator, any manual error and
Pressure release avoid any unfortunate
valve, Scrubber accident.
System and The committee
Reactor Alarm witnessed the functions
Annunciator are of DCS by stimulating
connected in the operational parameters.
DCS system.
The safety
measures are
found to be
functional and
adequate.
4. Tata Chemicals 4 10 14 Safety Valves 14 The unit has SCADA
Limited Safety 2 system which helps to
Appliances supervise the ongoing
Interlocking 4 operation and indication
systems of any failure in the
Pressure vessel 10 operational parameters
Hooter,Tempera which requires man
ture Indicator, inception for
Pressure release rectification. Only
valve, Reactor advantage is early
Level Indicator detection and caution to
and Reactor operator in case of any
Alarm failure.
Annunciator are
connected in the The committee
SCADA system. witnessed the function
The safety of SCADA by
measures are stimulating temperature
found to be
functional and
adequate.
5. Clariant 4 10 14 Safety Valves 98 The unit has DCS
Chemicals Safety 3 system through which
(INDIA) Appliances controlling process
35
Page 87 of 114
Limited Interlocking 6 parameters and safety
systems system. Safety
Pressure vessel 10 Integrated System of
Rupture Disc 1 DCS will take care of
Hooter,Tempera any manual error and
ture Indicator, avoid any unfortunate
Pressure release accident.
valve, Rupture It is informed that,
Disc and Alarm function of DCS system
Annunciator are is verified once in 4
connected in the months by stimulating
DCS system. the operating
The safety parameters.
measures are The committee
found to be witnessed the function
functional and of DCS system by
adequate. stimulating
temperature.
6. Chemplast 12 199 21 Safety Valves 21 The unit has DCS
Cuddalore 1 1 system with advanced
Vinyls Limited Safety 2 technology of 5 stage
Appliances control system through
Interlocking 3 which controlling
systems process parameters and
Pressure vessel 19 safety system. This
9 advanced control
Rupture Disc 12 system take care of any
Hooter,Tempera manual error and avoid
ture Indicator, any unfortunate
Pressure release accident.
valve, Rupture
Disc and Alarm The committee
Annunciator are witnessed the function
connected in the of DCS system by
DCS system. stimulating
Cooling water temperature. The unit
circulation and also gave Demo of
Jacket heating advantage of 5 stage
were provided. control mechanism.
The safety
measures are The safety measures
found to be taken by the unit found
functional and satisfactory.
adequate.
7. Pandian 2 2 4 Safety Valves 4 The unit has installed
Chemicals Safety 1 Programme Logistic
Limited Appliances Control (PLC) system
Interlocking 1 to monitor and control
systems production process.
Pressure vessel 2 The committee
36
Page 88 of 114
Temperature observed the
Indicator is performance of
connected in the sequence of events
PLC system. triggered by stimuli.
The safety
measures are This system also
found to be requires man inception
functional and for rectification. Only
adequate. advantage is early
detection and caution to
operator in case of any
failure
The committee
witnessed the function
of PLC system
8. Pioneer Jellice 0 26 26 Safety Valves 26 The unit has (SCADA)
India Pvt Safety 0 system in sterilisation
Limited Appliances section which helps to
Interlocking 0 supervise the ongoing
systems operation and indication
Pressure vessel 26 of any failure in the
The safety operational parameters
measures are which requires man
found to be inception for
functional and rectification.
adequate.
The committee
witnessed the function
of SCADA. The unit is
not having any
chemical reactors.
9. DFE Pharma 4 22 26 Safety Valves 26 The unit has SCADA
India Limited Safety 5 system which helps to
Appliances supervise the ongoing
Interlocking 0 operation and indication
systems of any failure in the
Pressure vessel 26 operational parameters
Non critical which requires man
vessels inception for
connected with rectification. Only
DCS system. advantage is early
. The safety detection and caution to
measures are operator in case of any
found to be failure.
functional and
adequate. The committee
witnessed the function
of SCADA by
stimulating operational
37
Page 89 of 114
parameters
10. Asian Paints 15 19 34 Safety Valves 34 The unit has DCS
Limited Safety 15 system through which
Appliances controlling process
Interlocking 0 parameters and safety
systems system. Safety
Pressure vessel 19 Integrated System of Non critical DCS will take care of vessels any manual error and connected with avoid any unfortunate DCS system. accident.
The safety The Committee
measures are witnessed the function
found to be of DCS by stimulating
functional and Acetaldide >20 PPM.
adequate.
11. Covestro India 3 27 30 Safety Valves 30 The unit has DCS
Private Limited Safety 3 system through which
Appliances controlling process
Rupture Disc 3 parameters and safety
Pressure vessel 27 system. Safety
Non critical Integrated System of
vessels DCS will take care of
connected with any manual error and
DCS system. avoid any unfortunate
The safety accident.
measures are The committee
found to be witnessed the function
functional and of DCS system by
adequate. stimulating temperature
and raw material feed
in the reactor.
12. Arkema 4 3 7 Safety Valves 7 The unit has Distributed
Peroxides Safety 4 Control System (DCS)
(INDIA) Appliances system through which
Limited Rupture Disc 0 controlling process
Pressure vessel 3 parameters and safety
Non critical system. Safety
vessels Integrated System of
connected with DCS will take care of
DCS system. any manual error and
The safety avoid any unfortunate
measures are accident.
found to be The unit also
functional and constructed a concrete
adequate. blast wall of 1.8 m
thickness, 20 m height
and length of 40m as
barrier to process area
and to restrict the
38
Page 90 of 114
impact of any
unfortunate accident to
process area, no man
inception to process
area due to complete
automation.
The safety measures
taken by the unit found
satisfactory.
39
Page 91 of 114
13 Crimsun Reactors - 14 8 6 1. Total Numbers of Safety relief The safety
Organics No's value - 16 measures
Pvt Ltd - All reactors are having safety are found.
Cuddalore valve in jacket side. It's on
In Distillation kettle 108/113 functional are having a safety condition.
valve in both process and Adequate
jacket area. for safe
2. Total number of pressure operation
gauge - 28 system.
All reactors are having
Pressure gauge in both
process and jacket.
3. Total numbers of RTD - 14
All reactors are having RTD
4. All reactors temperature is
connected with one
PLC monitor in Online.
5. R-108/113/116/117 is having
Auto steam cut off
valve interlock system
available.
6. R-108/113 is having
temperature alarm indicator
with hooter also available.
ANFD - 2 - 2 1. Four numbers of Safety valve No's provided in both Process and Jacket of equipment's.
2. Four numbers of PG provided in both process and jacket of equipments
3. Two number of RTD fixed.
Kettle - 2 2 - 1. Both Kettle jacket side SRV is No's having.
2. Both kettle is having Pressure gauge in process and jacket side and additionally Manometer provided in scrubber line
3. RTD available in bottom mass area and top vapor side.
4. Steam Auto ON/OFF valve is available.
Boiler - 1 No 1 - 2 No's SRV is available PG is
available
Auto interlock system is available
Nitrogen Plant - 1 Fully Automated Plant (PLC
- 1 No Control)
Air Plant - 2 - 2 Fully Automated Plant
40
Page 92 of 114
No's
Chilled water - 2 Fully Automated Plant (PLC
Compressor - Control)
2 No's
Chilled brine - 2 Fully Automated Plant
Compressor -
2 No's
MEE - 2 1. Four numbers of SRV
Concentrated available in both reactors in
distillation Process and Jacket area
kettle - 2 No's 2. Four numbers of PG available in both reactors in process and jacket area.
3. Both reactors are having RTD sensor 5.2 In compliance of Hon'ble NGT order, to ascertain the unauthorized discharge of untreated trade effluents/sewage, the committee inspected industries during July 30 - 31, 2021, the findings of the committee is summarized as below;
In SIPCOT, there are 45 industries, the scenario on mode of final disposal of treated effluents from industries of SIPCOT are given in Table 10.
Table 10 : Scenario of effluent management in industries of SIPCOT No. of Industries No. of Industries No. of Industries Cuddalore No. of Industries treat & reuse the treat the effluent with their own Sipcot Industries not generating effluent / and send to marine disposal Common trade effluent disposed common marine system Utilities through MEE/ disposal system Ltd.,(CUSECS) Solar evaporation and achieving ZLD 14 14 2 1 14 a. Fourteen industries have installed Zero Liquid Discharge (ZLD) systems and recovering water through RO system and reusing the treated effluents in their process. The RO reject being concentrated through Multi Effect Evaporator (MEE) /Solar Evaporation and recovering salt.
b. Fourteen industries are treating the effluents and disposing it to the Common Marine Disposal System, M/s. Cuddalore SIPCOT Industries Common Utilities Limited (CUSECs).
41 Page 93 of 114c. Two industries namely M/s. Clariant Chemicals Limited is having its own marine disposal system for disposing its treated effluent into the sea and where as M/s Chemplast Sanmar Ltd is having its own marine disposal for disposing desalinated water. d. M/s. Cuddalore SIPCOT Industries Common Utilities Limited (CUSECs) collects the treated effluents from the individual member industries (14 Nos) through pipelines in a common sump in the SIPCOT Industrial Complex. From there it is pumped into the sea (Bay of Bengal) through a single marine outlet pipeline laid for 1 Km length in the sea bed.
e. The member industries of CUSECs and industries having their own marine disposal system have installed online sensors to monitor the parameter pH, TSS, BOD, COD and flow rate at their outlet points. The industries installed ZLD system have installed flow meters and pH sensors. All these monitors are connected to the effluent monitoring center 'Water Quality Watch' at Tamil Nadu Pollution Control Board Head Office, Chennai which is continuously recorded. These online monitoring systems in 13 chemical industries were also inspected during the committee visit. f. There is no any unauthorized discharge of untreated trade effluents/sewage is being done by any of the industries, in SIPCOT Complex.
g. The details of product, Quantity of effluent and the details of Effluent Treatment Systems with their mode of disposal of individual industries in SIPCOT are enclosed as Annexure
- 5.
5.3 The committee also verified the pollution control measures installed to curb air pollution, the findings of the committee is Summarised as below;
The industries in SIPCOT Industrial Complex have different types of processes involving heating, chemical reactions and steam production for its various industrial activities. These activities generate air pollutants such as Suspended Particulate Matter (SPM), Nitrous Oxides (NOx) and Sulphur dioxide (SO2). The industries in SIPCOT have installed the Air Pollution Control (APC) mechanisms in their sources of air emission from their process vessels and boilers. These APC measures such as Electrostatic Precipitators, Fabric filters, Cyclone dust collectors etc., are installed in the industries as per the requirement of their industrial processes. The particulates and gaseous emissions are controlled by these APC measures and the final treated flue gas is vented out through stacks. To monitor the quality 42 Page 94 of 114 of stack emissions, online monitors are installed in the stacks which record the levels of the parameters, SPM, NOx and SO2 continuously. These recordings are connected to the 'Care Air Centre'(CAC) in the TNPCB Head Office at Chennai, where it is recorded continuously. In case of an exceedance of a particular parameter in a particular industry, it will send a communication alert through e-mail/message to the respective industry, to enable the industry to check and control their processes immediately and bring down the concentrations of emissions within the prescribed standards. Industry wise sources of pollution, control measures installed are given in Table 11.
Table 11: Status of Air Pollution Control System installed in 13 chemical industries S. Name of Sources of Air Control Status of Remarks of No the Pollution Measures online the Industry monitoring Committee and parameters monitored 1 M/s. 1.8 TPH(Coal) 1. Cyclone SO2, Installed Tagros Boiler Separator CI2,SPM,V online Chemicals 2.6TPH(Wood) & Stack OC monitoring India Boiler and (CAC) system and Private 12TPH(Coal) 2. Cyclone the same was Limited Boiler(Common Separator found in Stack) & Stack operation 3.3- Plant-I (CAC) (CMAC) R-203 3. Stack Vent (CAC) 4.3-Plant-I 4. Stack (CMAC) R-204 5.Stack Vent 5.3- Plant-
5(Deltamethrin) R-104A,R-113 6.3- Plant-
2(Hexaconazole ) R-304,R-314 7.3 -Plant-
2(Permethrin) R-220 Vent 8.3-Plant 1 (CMAC) R214, R218, 214A 9.4-Ejector sump vent
10. Water Ring Vacuum Sump Vent 43 Page 95 of 114 2 M/s. 1. Reactor Acid fume 1. Scrubber Mercapton, Installed Solara emission from with Stack PM, online Active Production Block (CAC) SO2,TVOC, monitoring Pharma -II 2. Scrubber HCl, PM10, system and Sciences 2. Reactor organic with Stack PM2.5, SO2, the same was Limited emission from (CAC) NOx, O3, found in Production Block 3. Scrubber VOC operation II with Stack
3. Mercaptan (CAC) emission from 4. Scrubber Block - II&VC with Stack
4. Reactor organic 5. Scrubber emission from with Stack production Block (CAC)
- III 6. Scrubber
5. Reactor acid fume with Stack emission from 7. Bag Filter production Block and
- III Mechanical
6. Fugitive emission dust from equalization collector tank (CAC)
7. 12T Bio briquettes 8. Scrubber fired boiler with Stack
8. Reactor Acid fume emission from Production Block-
VA 3 M/s. 1. Anhydtrite plant - 1. Packed bed SO2,HF,SP Installed Tanfac Wet scrubber scrubber M, VOC online Industries 2. Combution 2. Stack monitoring Limited Chamber(HFkiln) 3.Acid system and
3. Central scrubber the same was Absotption ventri found in System HF alkali Scrubber operation scrubber outlet catower
4. SFLplant-wet 4.Stack scrubber out let 5.Stack
5. Sulphuric acid 6.Packed bed plant stack 1-alkali scrubber scrubber 7.alkali
6. Sulphuric acid scrubber plant stack 2-alkali 8.alkali scrubber scrubber
7. Boiler 10T/hr- 9.Dust MDC outlet collector
8.Fluor spar drier 10. Cyclo
9. BF3 plant ne scrubber separator
10. PAC 11. Packe 44 Page 96 of 114 scrubber d Scrubber
11. Central 12. Stack absorption system 13. Cyclo Alf3 Scrubber ne
12. AL(OH3) barometric drier condenser
13. Spray drier 14. PTFE burner bags
14. Spray drier cyclone scrubber separator Bag house 4 M/s. Tata 1. Boiler 6TPH 1. Cyclone SPM, SOX, Installed Chemicals 2. Coal fire hot dust NOX, CO online Limited air generator collector & monitoring Stack system and
2. Modulating the same was dust found in collector, operation Cyclone separator with stack 5 M/s. 1. Chloranil Plant 1. Wet PM,Cl2,SO2, Installed Clariant Reactor Emission scrubber VOC online Chemicals & MCPA with stack monitoring (India) 2. Chlorine Handle (CAC) system and Limited Area 2. Wet the same was
3. Pigment blue scrubber found in reactors(acid with stack operation fumes) 3. Wet
4. Blue Plant scrubber Neutralization with stack reactors (CAC)
5. Blue plant Tray 4. Wet Driers(3 No) scrubber
6. Blue plant Spin with stack Flash Drier 5. Stack
7. Blue plant Milling 6. Stack Hot Air Generator 7. Stack
8. Blue Plant Ball 8. Bag Filters Mill with stack
9. Blue Plant Milling 9. Stack Plant (CAC)
10. Fume cup 10. Stack board from R & D 11. Stack Lab -2No 12. Com
11. Process mon stack Control (CAC) Laboratory 13. Com 45 Page 97 of 114
12. Boiler-6 mon stack TPH(FO Fired) (CAC)
13. Boiler -8 14. Stack TPH(Bio-Fuel 15. Stack Fired) 16. Stack
14. 860 KVA 17. Stack DG Set 18. Stack
15. 200 KVA 19. Stack DG Set 20. Scrub
16. 1050 KVA ber DG Set followed
17. HOT AIR by stack GENERATOR
18. TC CPC Hot Air Generator
19. TC CPC Spin Flash Drier
20. TC CPC SCRUBBER 6 M/s. 1. Boiler 1. Reverse jet PM,VCM,S Installed Chemplast 2. Vent gas absorption bag filter O2, online Cuddalore system outlet NOx,CO2,C monitoring Vinyls 3. Drier stack 2. Reverse jet O, system and Limited 4.Emergency Vent bag filter VCM,O3,C the same was attached to VCM outlet O,SOx, found in Storage Tank 3. Reverse jet NOx,PM10, operation
5. Coal Heading bag filter PM2.5,C6H Conveyor-Transfer outlet 6 Point- 1- Coal 4. Bin Vent Crusher Filter
6. Coal Heading 5. Bin Vent Conveyor- Transfer Filter Point- 2- Coal 6. Bin Vent Bunker Filter
7. Coal Feed Hopper 7. Multi
8.PVC Bagging cyclone and Section- Bagging Wet machine- 3 nos. scrubber
9.Product Silo- 3 nos. 8. Bag Filter
9.Bag Filter 7 M/s 1.Boiler 1. Providing Cl2 Installed Pandian 2.Electrolytic Cell packed bed online Chemicals with Alkali monitoring scrubber system and
2. Cyclone the same was separator found in with stack operation 8 M/s. 1. Di-calcium 1. Bag Filter SPM Installed Pioneer Phosphate Drier with Stack online 46 Page 98 of 114 Jellice 2. Boiler 15T/hr. 2. MDC, monitoring India (Coal Fired) Wet system and Private 3. Power Generator Bottom the same was Limited 1238 Kva Scrubber found in with operation Chimney provided
3. Stack 9 M/s. DFE 1.Boiler 4 T/hr 1. Dust SPM, VOC Installed Pharma 2.Spray Drier Collector online India 3.Hot Air Generator with Stack monitoring Private (CAC) system and Limited 2. Stack the same was
3.Twine found in cyclone, operation Quadra cyclone & stack 10 M/s. Asian Boiler Bag filter PM,SO2,NO Installed Paints and 2, online Limited Stack VOC,PM10, monitoring PM2.5,NOx, system and SO2 the same was found in operation 11 M/s. 1. Extruder and 1. Wet PM, SO2, Installed Covestro Finished products scrubber TVOC online India 2. Thermopak fluid with stack monitoring Private heater 1 No. (4 2. Stack system and Limited Lakh Kcal) 3. Acous the same was
3. DG set 600KVA, tic found in 400 KVA, enclosures operation 200KVA with stack 12 M/s. 1. Diesel Generator Stack (2 VOC, HCI Installed Arkema 725 KV Nos.) online Peroxides 2. Diesel Generator monitoring India 500 KV system and Private the same was Limited found in operation 13 M/s. 1. Oil Fired Boiler - Stack (3 SPM Installed Crimsun 3 TPH Nos.) online Organics 2. Reactors (14 Nos.) monitoring Pvt Ltd 3. Reactors (8 Nos. system and out of 14) the same was found in operation 47 Page 99 of 114 The TNPCB is monitoring the Air Quality levels in the vicinity of individual industries by conducting Ambient Air Quality (AAQ) Survey around each industry, every year. In this survey, 8 hours of atmospheric air sampling is done to calculate the Ambient levels of SPM, NOx, SO2 around the industry.
Some major industries are instructed by the TNPCB to install and operate continuous AAQ Station in their premises to monitor and record the parameters SPM, NOx, SO2 continuously and the following industries have installed CAAQM Stations in their premises.
1. M/s. Solara Active Pharma Sciences Ltd.
2. M/s.Asian Paints Ltd Penta Division.
3. M/s.Chemplast Cuddalore Vinyls Ltd.
Apart from the continuous ambient air quality monitoring, sensors such as chlorine sensors, VOC sensors, fluorine sensors etc are installed in the specific industries which may emit such type of specific emissions.
The TNPCB Office located amidst SIPCOT industrial complex is also operating a CAAQM Station in the premises, and the Ambient levels of SPM, NOx, SO2, etc., are monitored and recorded continuously.
5.4 If there is any deficiency found, what is the nature of action taken and what are all the steps to be taken to improve the system to protect environment;
With the above Air Pollution Control mechanisms installed in the individual industries of SIPCOT Complex, and with the Boards monitoring and alerting mechanisms, and also with the continuous Ambient Air Quality Stations installed in individual industries, the Air Quality in the SIPCOT area is monitored and maintained within the Air Quality Standards.
The industries in SIPCOT are conducting 'Mock Drills' in the premises to train the personnel's in case of an emergency situation arising in the industries. Safety department in each industry is conducting periodical training to the workers regarding personal protective equipment's, fire fighting etc., 48 Page 100 of 114 6.0 CONCLUSION of Committee A. Accident of M/s. Crimsun Organics Ltd.
i. The accident was happened on 13.05.2021 at M/s Crimson organics Pvt., Ltd., due to mild blast in distillation kettle R-108. The accident happened due to malfunctioning of valves of steam line which suppose to be in off line when the residue of 180 - 200 liters was allowed to cool.
ii. The residue present in the distillation kettle R-108 comprises of - 6- chloro pyridin-3- yl) methyl) methylamine (CPMMA), Acetamiprid and other intermediates which are acute toxic in nature. The fumes of these mixture causes the Respiratory Track irritation. The inhalation of high concentration might have been caused for death of 4 people.
iii. Absence of automation, lack of comprehensive standards operating procedures on maintaining desired temperature & pressure, absence of temperature indicator, not checking the safety of the reactor, absence of alarm system in the reactor to alert the personnel on not maintaining desired temperature due to malfunctioning of valves, absence of double valve arrangement, absence of scrubber to vent out the gases in emergency, lack of preparedness are all the causes of accident. iv. The unit is main responsible for accident due to not having proper safety measures as well as not having trained personnel to understand the situation to reduce the impact of accident.
v. Around 15 people were present in production area during accident, out of which 4 were fainted on inhalation of strong fumes and lost their lives. Other 11 working in different floors were fainted and recovered after hospitalization. One person safety division who participated for rescue also got fainted and recovered after first aid followed by hospitalization.
vi. The unit has paid the compensation of Rs. 15.00 lac each to the dependents of the deceased family i.e total of Rs 60.00 lacs paid to all four deceased. The injured people were paid @ Rs10,000.00 each i.e Rs 1,20,000.00 paid to all injured. In addition, Government of Tamil Nadu paid compensation of Rs. 3.00 lac each to deceased family and Rs 1.00 lac to each to the injured employees. These regular and casual labours were covered under Employees State Insurance (ESI). Under ESI Act, monthly pension at the rate of 90 % of last drawn wages are admissible to them.
49 Page 101 of 114vii. The committee did not observe any damage to the surrounding environment, the accident and impacts were confined only to production block. The entire residue present in the distillation kettle R-108 was spilled out and caused for fumes and the same was evaporated. Hence restoration or remediation is not required in this incident case, however the health of the injured employees shall be monitored for a period of at least 2 years. For violations and the damages caused (contribution of reaction mixture into atmosphere) the unit shall pay Environmental Compensation of Rs. 5,89,690/- to improve the general environmental status of SIPCOT Industrial Complex, Cuddalore.
viii. The Cuddalore District off site emergency plan was under preparation, The unit has prepared onsite emergency plan in 1st September 2020 and conducted mock drills on 12.04.2021.
ix. Post accident the unit was shut down for a period of 56 Days, and resumed the operation on 08/07/2021 after rectification of safety measures suggested by Inspectors of factory. During the committee visit on 08.07.2021, the unit was found in operation and manufacturing the pesticides at @ 2 T/day. The distillation Kettle in which accident happened was not taken for operation. x. Deputy Chief Inspector of Factories, Cuddalore inspected and issued show cause notice vide Lr Dated: 14th May 2021 to implement the following.
1. Safety valve in the shell side
2. Double valve with bleeder valve arrangement
3. Appointment of fulltime medical officer
4. Removal of obstacles near one of the two staircases.
All the above actions were completed and within 15 days time. The subsequent statutory action of charge sheet against occupier and manager was filed on 12.08.2021 before the Chief Judicial Magistrate Court, Cuddalore and the case is followed up by the Department of Industrial Safety and Health. xi. The committee suggests that TNPCB and Chief Inspector of Factories shall verify the compliances of the unit and safety measures taken. xii. The committee humbly submits that the industries have to ensure self-compliances of all chemical reactors. The industry & its personnel are solely responsible for this negligent act which resulted in the accident.
50 Page 102 of 114B. Status of Other Industries in SIPCOT Complex
(i) As per the inspection of committee and department of Industrial Safety and health, out of 13 chemical industries, 6 industries has DCS system through which controlling process parameters and safety system. Safety Integrated System of DCS will take care of any manual error and avoid any unfortunate accident. Five industries has SCADA system and one has PLC system which helps to supervise the ongoing operation and indication of any failure in the operational parameter but it requires manual inception to take corrective measures. Hence Committee felt that, the chemical industries which poses more risk in case of any unfortunate accident should install DCS with safety integrated system to reduce human involvement in case of unforeseen situation.
(ii) As per the records of TNPCB, 40 units (Total 45 Units) were possessing valid CTO under Air & Water Act, Authorisation under HO&W Rules and complying with all conditions. TNPCB has taken action against the two units namely M/s. Tanfac ALF3 and M/s. Tanfac Cryolite, after rectification the renewal of the CTO is under progress, other two units were not in operation and one unit was closed and vacated.
(iii) Out of 45 industries in SIPCOT, 14 industries are having full-fledged ETP to treat their effluent and achieving the Zero Liquid Discharge to land/water bodies, 14 industries are member of Common marine disposal system (CUSECS) and discharging their effluent after primary treatment to CUSECS through closed conduits. Two units are having their own marine disposal system and 14 industries are dry units and not generating any effluent. M/s. CUSECS is also considered as one industry since it handles collection from 14 units and homogenisation before disposing to Sea. All are having online monitoring system and connected to TNPCB „Water Quality Watc‟ centre for real monitoring of effluent management.
(iv) The committee not observed any unauthorised discharge of untreated trade effluents/sewage in SIPCOT industrial complex.
(v) All 13 chemical industries have provided required Air Pollution Control Devices and installed online monitoring system. Committee witnessed the operation of online monitoring system for monitoring source emissions.
In view of the above, the Committee humbly submits that the action taken against the industry and levying of EC from the unit will strengthen "Polluter Pay Principle" and all industries have to ensure self monitoring, self compliance and comply with statutory guidelines, safety measures suggested by MOEFCC, CPCB, TNPCB, Directorate of Industrial Safety and Health ( DISH) etc., By considering the above facts and observation of the Joint Committee, the Hon‟ble Tribunal may pass appropriate Order (s)/Direction (s) as deemed fit."
16. The Tamil Nadu Pollution Control Board also filed further report on the basis of the directions given by this Tribunal as per order dated 29.10.2021 regarding certain latches found by them in respect of certain industries in the SIPCOT complex signed by the officer on 24.11.2021, e-
filed on 29.11.2021 which reads as follows:-
Page 103 of 114 Page 104 of 114 Page 105 of 114 Page 106 of 114 Page 107 of 11417. The 8th Respondent has filed reply affidavit on behalf of the company as objection to the Joint Committee report, more or less admitted the incident and also payment of compensation to the persons died and injured and also undertaken to carry out the recommendations made by Page 108 of 114 the Joint Committee and also other official respondents so as to provide the necessary safety measures to avoid such things in future. But they have denied the allegations that the incident occurred on account of their negligence and it is an inevitable accident caused during the course of maintenance work. They also contended that the environmental compensation fixed by the committee is excessive.
18. Since the reports have been filed and reply statement has been filed by the offending industry in which the incident occurred, we felt that the matter can be heard and disposed of today itself.
19. The learned counsel appearing for the 8th Respondent submitted that they are prepared to comply with the all recommendations made and they have also paid necessary compensation under the relevant statutes to the employees who died in the incident and also injured and also necessary safety measures have been taken by them and further amount, if any, payable under the Employees' State Insurance Act, 1948 of which these employees are members, also will be made payable to them by coordinating with the persons who are entitled for such entitlement.
20. We have considered the submissions made by the learned counsel appearing for the 8th Respondent and also official respondents including the Tamil Nadu Pollution Control Board and perused the documents and reports produced before this Tribunal.
21. The report submitted by the Joint Committee as well as the Pollution Control Board show that there was some defect in the safety measures taken by the 8th Respondent which resulted in an unfortunate incident which caused the death of four persons and injuries to several persons.Page 109 of 114
Once, an industry has involved in hazardous activity using machineries, the „Strict Liability Principle‟ can be applied, as observed by the Hon'ble Apex Court in several cases of this nature and the 8th Respondent company cannot shirk their responsibility of payment of compensation for the damage caused to the environment as well as to the persons who injured and died in the incident, apart from paying compensation for the violation committed.
22. So, we are not inclined to accept the submissions made by the counsel appearing for the 8th Respondent that they are not liable to pay compensation.
23. Considering the report submitted by the Joint Committee and also considering the fact that the compensation has to be paid to the family members of the deceased persons and also to the injured persons more than the amount payable under the Employee's Compensation Act, 1923 and also ascertain amounts have been paid by the State Government as exgratia payment as compensation to those persons, we feel that there is no necessity to direct the 8th Respondent to pay any further compensation, but the right of the persons to claim further amounts, if any, eligible to them by approaching the appropriate statutory Tribunals for this purpose namely, Employees' State Insurance Act, 1948 and Employee's Compensation Act, 1923 is left open.
24. Further, we do not find any reason to differ from the assessment made by the Joint Committee viz., Rs.5,89,690/- (Rupees Five Lakhs Eighty Nine Thousand Six Hundred and Ninety only) being the environmental compensation payable for the damage caused to the environment, Page 110 of 114 applying the principle laid down by the NEERI in this regard and this amount will have to be paid by the 8th Respondent to the Tamil Nadu Pollution Control Board, in turn to deposit the same into the Environment Protection Fund maintained by the Pollution Control Board and the Pollution Control Board is at liberty to utilize the amount for betterment of protection of environment by preparing necessary action plan in this regard.
25. The 8th Respondent is directed to comply with the recommendations and suggestions made by the Joint Committee as well as other official respondents dealing with these aspects in order to protect the safety of the employees and also to avoid recurring of such incidents in future.
26. The SIPCOT is directed to carry out the recommendations made by the Joint Committee in respect of other industries which have not been provided with latest safety measures (automatic systems) and take appropriate action against those industries who are not complying with the directions in accordance with law.
27. The Tamil Nadu Pollution Control Board is directed to take appropriate action against the industries for the violation of the conditions imposed in the Consent to Operate and other statutory clearances and permissions granted in accordance with law. They are also directed to ensure that the safety measures directed to be taken by the industries in the SIPCOT Complex are being implemented by them and if they did not implement the same, then they are directed to take appropriate action against those industries who are not complying with the recommendations in accordance with law, by giving sufficient Page 111 of 114 opportunities to them to comply with the same and in case of non-
compliance, take appropriate action including imposition of environmental compensation for non-compliance of the directions applying the principle issued by this Tribunal in this regard.
28. So, the application is disposed of as follows:-
(i) The 8th Respondent is directed to pay the environmental compensation fixed by the Joint Committee viz., Rs.5,89,690/- (Rupees Five Lakhs Eighty Nine Thousand Six Hundred and Ninety only) within a period of 3 (Three) months. If the amount is not paid, then the Tamil Nadu Pollution Control Board is at liberty to take appropriate action for recovery of the amount invoking the power under Section 25 of the National Green Tribunal Act, 2010 or address the concerned District Collector to recover the amount by invoking the provisions under the Revenue Recovery Act.
(ii) The 8th Respondent is directed to comply with the recommendations and suggestions made by the Joint Committee as well as other official respondents dealing with these aspects in order to protect the safety of the employees and also to avoid recurring of such incidents in future.
(iii) The SIPCOT is directed to carry out the recommendations made by the Joint Committee in respect of other industries which have not been provided Page 112 of 114 with latest safety measures (automatic systems) and take appropriate action against those industries who are not complying with the directions in accordance with law.
(iv) The Tamil Nadu Pollution Control Board is directed to take appropriate action against the industries for the violation of the conditions imposed in the Consent to Operate and other statutory clearances and permissions granted in accordance with law. They are also directed to ensure that the safety measures directed to be taken by the industries in the SIPCOT Complex are being implemented by them and if they did not implement the same, then they are directed to take appropriate action against those industries who are not complying with the recommendations in accordance with law, by giving sufficient opportunities to them to comply with the same and in case of non-compliance, take appropriate action including imposition of environmental compensation for non-compliance of the directions applying the principles issued by this Tribunal in this regard.
(v) We are not ordering any further compensation to the kith and kin of deceased persons and injured, but their right to claim any further amount either under the Employees' State Insurance Act, 1948 or Employee's Compensation Act, 1923, if any they are entitled is left open.
(vi) The Registry is directed to communicate this order to the official respondents, Chairman - Tamil Nadu Page 113 of 114 Pollution Control Board and the Managing Director -
SIPCOT, Cuddalore by e-mail for their information and compliance of directions.
29. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.121/2021 (SZ) 25th January, 2022. Mn.
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