National Green Tribunal
National Green Tribunal Southern Zone vs Ministry Of Environment Forest And ... on 28 September, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.6: Court No: 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.70 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion SUO MOTU based on the
News Item in The New Indian Express, Chennai edition
Dated 16.05.2020, "Ammonia leak from Madras Fertilizers
Limited Worries residents in Chennai‟s Manali."
And
Union of India,
Rep. by its Secretary,
Ministry of Environment and Forests and
Climate Change, Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi - 110 003.
Date of Judgment: 28.09.2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4.
Mr. Mani Bharathi represented
Mrs. P.T. Rama Devi for R5
Mr. S. Sai Sathya Jith for R6.
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Justice K. Ramakrishnan, J.M. Dr. Satyagopal Korlapati, E.M. O.A. No. 70/2020(SZ) 28.09.2022. Sr. 1 Item No.6: Court No: 1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No.70 of 2020 (SZ) (Through Video Conference) IN THE MATTER OF Tribunal on its own motion SUO MOTU based on the News Item in The New Indian Express, Chennai edition Dated 16.05.2020, "Ammonia leak from Madras Fertilizers Limited Worries residents in Chennai‟s Manali."
And
1. Union of India, Rep. by its Secretary, Ministry of Environment and Forests and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003.
2. The Chief Secretary to Govt. of Tamil Nadu, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
3. The Secretary to Govt. of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
4. The Principal Secretary to Govt. of Tamil Nadu, Industries Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
5. The Principal Secretary to Govt. of Tamil Nadu, 2 Health and Family Welfare Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
6. Central Pollution Control Board, Rep. by its Chairman, „Parivesh Bhawan,‟ East Arjun Nagar, Shahdara, Delhi - 110.
7. The Chairman, Tamil Nadu Pollution Control Board, No. 76 Anna Salai, Guindy, Chennai, Tamil Nadu - 600 32.
8. The District Collector, Thiruvallur District, First Floor, Collectorate, Thiruvallur - 602 001.
9. Madras Fertilizers Limited, Rep. by its Chairman and Managing Director, SH 104, Harikrishna Puram, Manali, Chennai, Tamil Nadu - 600 068.
For Applicant(s): By Court For Respondent(s): Mrs. D. Sumathi for R1 Dr. D. Shanmuganathan for R2 to R5 & R8 Mr. Thirunavukkarasu for R6 Mr. S. Sai Sathya Jith for R7 Mr. Saisyaam for R9 Judgment Reserved on: 23rd August 2022.
Judgment Pronounced on: 28th September, 2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER 3 Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above case was Suo-Motu registered by this Tribunal on the basis of the newspaper report published in the New Indian Express, Chennai Edition, dated 16.05.2020 under the caption "Ammonia leak from Madras Fertilizers Limited worries residents in Chennai's Manali."
2. It was alleged in the newspaper report that a leak of ammonia gas from Madras Fertilizers Limited (MFL) factory in Manali was noticed on the night of Thursday which left the residents nearby areas struggling for breathing for a short while.
3. It was further alleged that the Senior Officer from Tamil Nadu Pollution Control Board when contacted, confirmed about the leak occurred and he suspected that it could have released from the pressure relief valves when there was some unscheduled shut down of the urea unit. The official, however, termed the leak as "minor" saying neither the Central Pollution Control Board‟s (CPCB) nor the Tamil Nadu Pollution Control Board‟s (TNPCB) ambient air monitoring stations located close to the Fertilizer factory captured any abnormal ammonia levels. "The data showed the levels within the permissible limits".
4. It was also mentioned in the newspaper report that some of the local residents informed that the leak this time was substantial causing severe eye irritation and breathing trouble. A Senior Advocate Mr. T.K. Ram Kumar, former Chairman of Local Area Environment Committee appointed by the Hon‟ble Supreme Court Monitoring Committee for hazardous waste monitoring in Manali Industrial area, told the reporter that the latest ammonia leak from Madras Fertilizers Limited (MFL) comes as no surprise to him as when he had gone to 4 Manali for inspection, he had returned with severe head-ache and there was such pollution there.
5. The same incident was reported in Times of India, dated 16.05.2020 under the caption "Gas leaking from the urea plant triggers panic in Chennai's Manali" and also Dinamalar daily dated, 16.05.2020 under the caption (kzyp cuj; njhopw;rhiyapypUe;J mk;Nkhdpah thAf; frpthy; ghjpg;Gf;F cs;shd nghJkf;fs;).
6. When the matter came up for admission on 19.05.2020, the counsel appearing for the Tamil Nadu Pollution Control Board submitted that on receipt of the compliant the officials of the Tamil Nadu Pollution Control Board had inspected the area in question. On 12.05.2020 as a part of regular inspection as that unit was functioning being an exempted category during lock down and found that generally everything was in order and there were some deficiencies found and certain directions had been given. Again they had received a complaint from the local residents on 14.05.2020 inspected the unit on 15.05.2020 and further directions were issued.
7. Ongoing through the allegations made in the newspaper report, since this Tribunal was satisfied that the Fertilizer Company being a Hazardous Industry, dealing with ammonia gas, expected to take all necessary precautions to avoid leak as exposure to ammonia gas will result in severe diseases like breathing trouble, eye irritation etc., and having satisfied that there arose a substantial question of environment which required the interference of this Tribunal. This Tribunal by order dated 19.05.2020 admitted the matter and appointed a Joint Committee comprising of (1) a Senior Officer from Ministry of Environment, Forest and Climate Change (MoEF&CC), Regional Office, Chennai, (2) Senior Officer from Central Pollution Control Board, Regional Office, Chennai, (3) Senior Officer from Tamil Nadu Pollution Control Board and (4) District Collector, Thiruvalllur District to inspect the area in question and submit a factual as well as action taken report, if there was any violations found especially regarding the compliance of the provisions of Hazardous 5 Waste (Management & Transboundary Movement) Rules, 2016 and whether the machineries were in order and the pollution control mechanism provided w e r e working properly.
8. The committee w a s a l s o directed ( a ) to take independent steps t o a s c e r t a i n t h e A m b i e n t A i r Q u a l i t y ( A A Q ) instead of relying on the data recorded in the Ambient Air Quality Monitoring Stations by themselves and submit a report regarding the Ambient Air Quality prevailing in that area as well, (b) If there was any deficiency found, due to which environment damage had been caused, then they were directed to assess the environmental compensation and also give suggestions and recommendations for remedying the same, so as to avoid such incidents in future and (c) to ascertain as to whether the emissions standards of ammonia gas inside the plant from the respective machineries were within the permissible limit and whether all safety measures had been taken by them to protect the employees as well who were likely to be exposed to the gas during work inside the factory.
9. The Central Pollution Control Board, Regional Office, Chennai was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
10. 9th respondent/Madras Fertilizers Limited (MFL) filed their reply affidavit contending that the Madras Fertilizers Limited (MFL) was established during December 1966 and commercial production commenced in the year 1971. The Madras Fertilizer Limited (MFL) is a Public Sector undertaking under the aegis of Department of Fertilizer and Chemicals, Ministry of Chemicals and Fertilizers, Government of India. The company has being engaged in the manufacturing of fertilizers, both Urea and Complex to be sold to the farmers of the nation under subsidized cost. The Fertilizers manufacturing in this unit are mainly supplied to the farmers in South India. The annual turnover of the Company is around Rs. 1660 crores with daily working cost of Rs. 4.76 crores. There are about 600 6 permanent direct employees and about 2000 contract employees engaged in the process.
11. The Madras Fertilizers Limited (MFL) was one of the largest Fertilizer manufacturing companies and engaged in the manufacture of Urea, Ammonia and NPK complex fertilizer. The factory was state governed enterprise with Government of India holding 59.50%, Naftiran Intertrade Company Limited., Iran holding 25.77% and public holding 14.73% equitable share capital. The Madras Fertilizer Limited (MFL) is located in the Manali Indusial Complex (MIC) which is one of the largest Refinery, Fertilizer and Petrochemical complexes in the country and had been listed in the critically polluted industrial clusters in India by the Central Pollution Control Board (CPCB). The Comprehensive Environmental Pollution Index (CEPI) score for this complex was 76.32. The complex hosts many medium to large scale industries of which many belong to highly polluting industries, The land use of Manali area was covered with 45% industries, 29% built up, 16% fallow region and 10% vegetation.
12. As the complex hosts many petro chemical industries, the air pollutants in this locality mostly are in the form of smoke, particulate matter (PM), hydrocarbons, oxides of sulphur and nitrogen, carbon- monoxide and Volatile Organic Compounds (VOC). The air quality in Manali industrial complex was monitored by the Central Pollution Control Board and Tamil Nadu Pollution Control Board using the continuous ambient air quality monitoring station in the nearby at Chinnasekkadu and Periya Thopu. Due to the exemption granted by the Government, even during lock down period, the company was committed to run the plant for production of Fertilizers, its transportation and distribution as per Government of India‟s directions. The copy of the blue print of the factory premises was produced as Annexure-1 along with the counter statement.
13. On 14.05.2020 at around 19.30 hours, there was a stoppage of Urea Plant due to bearing failure of the cooling water pump motor. The said bearing was unusually found to be hot. This pump was 7 exclusively used for the Urea Plant process cooling purpose. On noticing the defect in the bearing, on the basis of sound technical advice, it was advised to safe shut down the plant and the Maintenance team was called upon to look into the defect in the bearing. The shutdown process involved de-pressurizing and safety transferring residual vapor cents, if any, through a Vent Stack of about 200 feet height. The Vent Stack was provided with condensate and steam injection which was being made on continuous basis to dilute residual vapours, if it all, let through the vent stack. During the shutdown process, the relief valve located at the discharge of the spare Ammonia re-circulation pump (J1248-which was not in line) was found activated falsely and immediately the pump was isolated for handing over to Maintenance. The Steam and Condensate injection to the vent stack was increased in addition to the normally fed quantity to dilute the ammonia vapours. The defective safety valve was serviced, shop-tested at the company‟s workshop for Popping at the design set pressure and fixed back.
14. On 14.05.2020 at around 20.00 hours, Ammonia smell was reported in Manali area which could be due to mild traces of residual diluted vapour which was diluted with steam and condensate addition and went though the stack memorantarily. At the time of compliant, there was no ammonia smell inside the plant premises and also ambient air ammonia values were well within the norms indicated by the Ammonia sensors of Tamil Nadu Pollution Control Board and Central Pollution Control Board located at the place from where the compliant was received. The officials of the Tamil Nadu Pollution Control Board immediately visited the spot and they were explained in detail the procedures evolved and check points in place to avoid possible escape of Ammonia vapours to the atmosphere.
15. After the safe shut down on 14.05.2020, the Ammonia and Urea plants were under shut down for annual turn around activities and resumed its operations on 16.06.2020. The Tamil Nadu Pollution Control Board vide proceedings dated 12.05.2020 gave various 8 directions and they had complied most of them and in respect of the few the work was in progress and that will be completed within a period of 5 - 6 months and a detailed report sent to the Tamil Nadu Pollution Control Board regarding the compliant was produced as Annexure - II along with the counter statement.
16. The maintenance team of the factory routinely on regular basis (24/7) checks all the plants. There were 3 shifts of workmen to look after all the plants of the respondent round the clock. Whenever certain defects were noted, they will be immediately attended by them. All pollution control mechanism and other precautionary mechanism provided were being monitored regularly and maintenance work also taken up. The ambient air quality for the period May to August 2020 was monitored to understand the trend of air quality in the complex and the same indicated with the concentration of above pollutants were within the national ambient air quality standards limit. They had also given the details of the compliance of the direction of Tamil Nadu Pollution Control Board in respect of mechanism provided and vent stack etc as per the norms.
17. In the letter dated 20.05.2020, Tamil Nadu Pollution Control Board suggested for installation of 2 Nos. of Ammonia sensors at the rear end of the unit towards the direction of the village from where the oral complaint was received and they had placed orders for installation of 11 Nos. of Ammonia sensors at strategic locations in consultation with Tamil Nadu Pollution Control Board and the same had been installed and the report had been sent to the Tamil Nadu Pollution Control Board evidenced by Annexure-III produced along with the counter statement. They had further advised to conduct the safety audit as per Schedule 8 from the competent authority notified in schedule 5 as per Rule 10 of the Manufacturing, Storage and Import of Hazardous Chemical Rules, 1989. and the same was complied with by them and the report of Air Ambient Quality survey from the period from 14.05.2020 to 16.05.2020 was produced as Annexure-IV which will go to show that the Air Ambient Quality was within the permissible limits. They have also contended that they are completely maintaining the unit strictly in accordance with the conditions imposed.
918. As per direction of National Green Tribunal appointed Export Committee, the Environmental and Water Resources Engineering Division, Department of Civil Engineering, IIT Madras, Chennai, India carried out air quality and Hazardous waste management between 26th August - 28th August 2020 and in that report Chapter-5 (Page No.47) they have stated that the respondent had complied with the following:
Pollutants (including ammonia) monitored for the utility stacks were within the limits prescribed by CPCB.
Pollutants from urea and NPK stacks were well within the CPCB limits.
Work place monitoring was carried out to assess the ammonia levels in the work environment. Ammonia concentrations were found well within the limit given by OSHA in all the sampling points.
A copy of the summary of IIT report and remarks of respondent in tabular column was produced as Annexure -V.
19. The report of the Tamil Nadu Pollution Control Board regarding the Ambient Air Quality during the period was produced as Annexure -VI. On the basis of the suggestions given by the Tamil Nadu Pollution Control Board, they had installed Ammonia Sensors at eleven locations on 03.09.2020 and connectivity to Tamil Nadu Pollution Control Board made on 07.09.2020 and the copy of the report of the Tamil Nadu Pollution Control Board regarding the Ambient Air Quality test conducted by them was produced as Annexure -VI. The possible pollution that is likely to be caused is from boiler and new PM analyzer was installed in Boiler stack on 01.10.2020 and the values of the emission norms are less than the prescribed limit by the Central Pollution Control Board evidenced by Annexure - VI. Purchase order had been issued for the purchase of PM analyzer for utility stack and the same is expected to be installed during January-2021. According to them the unit was complying with all the norms and they availed loan for the purpose to a tune of Rs. 576.81 crore from Government of India and a total of 10 Rs. 494.20 crores from various commercial banks for Working Capital and Letter of credit loans. The banks have to be repaid about Rs. 275.70 crores as on 31.03.2020. They had further submitted that they are willing to comply with further directions, if any, to be issued by this Tribunal, as they are committed to protect environment. They prayed for passing orders for accepting their contentions.
20. The first respondent/Union of India had filed their counter affidavit in the form of an affidavit wherein they have only reiterated the rules framed by them under the Environment (Protection) Act, 1986 in respect of Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 and Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 which were produced as Annexure-A and Annexure-B and there were certain responsibilities assigned to various State Government/Central Government department under the above provisions with the object to prevent major chemical accidents arising from industrial activities and limiting the effects of such accidents on human health and environment. They had also given the entire scheme of the said rules in the tabular form, so as to give an idea about the responsibility of the industry and the departments in carrying out the same.
21. As per the delegations granted, Petroleum and Explosives Safety Organization (PESO), had been made the nodal agency to approve and notify the site and the precautions to be taken under the Explosives Act, 1884 as well as the Petroleum Act, 1934. While granting approvals to the industrial units by petroleum and Explosives Safety Organization (PESO), transportation pipeline and isolated storage were expected to ensure preparation of on-site emergency plans and safety 11 reports by the units, reviewing the details of mock- drills conducted and implemented by the Standard Operating Procedures (SOPs) of industrial operation by the unit from the industrial safety point of view. So they prayed for accepting their contentions and passing appropriate orders.
22. The Joint Committee had filed earlier any Interim report dated 02.08.2020 and extracted in Para (3) of the order dated 05.08.2020 and they had given the details collected in respect of the incidents, the nature of the directions given and its compliance which reads as follows:-
"Interim Report of the Joint Committee (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated 19.05.2020 in OA no. 70/2020) M/s. Madras Fertilizer Limited (MFL) was in operation continuously during the COVID 19 Lockdown period as per the directions of Department of Fertilizers to meet out the fertilizers demand of the farmers, since it comes under essential commodities and producing about 1200 TPD of urea.
CMD, MFL has presented the action taken report to the committee about the incident happened 14.05.2020 as well as the compliance status of the direction issued by TNPCB. It was informed that the incident happened during maintenance shutdown of the plant on 14.05.2020 and resumed its operation on 16.06.2020. The sequences of events presented by MFL are as follows; 4.1 INCIDENT • On 14.05.2020, Cooling Water Pump bearing failure was noticed.
• Urea plant availed shutdown at 19.30 hrs as per normal safe shut down procedure.
• During safe shutdown, found mild passing in Pressure Safety Valve (PSV) in idle Ammonia Reflux pump discharge and it is isolated. • The ammonia vapour has been let out to the atmosphere through a closed circuit with proper dilution. Ensured quenching using medium (Condensate & Steam) to dilute the ammonia vapour. This is the usual practice being followed by all the fertilizers companies in India, as per national & international standards in case of line passing. • Ammonia smell complaint was received over phone on 14.05.2020 at 20.30 hrs from nearby Mathur resident area. • Immediately MFL officials visited the spot and observed no ammonia smell and the message was conveyed to TNPCB officials.
4.2 PREVENTIVE ACTIONS TAKEN:
• Procurement action taken for cooling water spare pump to avoid recurrence of this incident. • Line modification is planned to reroute all Ammonia vapours from the outlet of PSVs to Ammonia Tank instead vent stack.
4.3 ACTION TAKEN BY TNPCB:12
• TNPCB has received an oral complaint from Mr. Rajarajan, Vice President, ManaliMathur Welfare Association against the unit of M/s. Madras Fertilizer Limited, R.S.No.212 to 248, Manali Village, ThiruvottiyurTaluk, Chennai District regarding ammonia odour felt in Mathur and Manali villages and the industry was visited on 15.05.2020.
• As a routine inspection TNPCB has visited the industry before incident and issued direction on 12.05.2020. After the incident, based on the inspection dated 15.05.2020, TNPCB has issued additional direction to the industry on 20.05.2020.
4.4 Compliance status of the direction presented by the industry:
Sl No. TNPCB Directions Compliance Status
(i) To restart the unit only after installation The unit has restarted the unit without installation
of at least two ammonia sensors at the of at least two ammonia sensors at the rear end of
rear end of the unit towards the village the unit towards the village direction where
direction where complaint received. complaint received.
However it was reported that the unit MFL placed Purchase order. It was informed that delivery is getting delayed due to COVID 19 pandemic.
(ii) To restart the unit only after obtaining Complied.
approval of updated safety audit report It was reported that the Safety Audit completed containing the information specified in and submitted to the report to DISH (Directorate schedule-8 from the competent authority of Industrial Safety & Health). notified in scheduile-5 as per the rule 10 of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989 as amended.
(iii) The unit shall comply with the directions Compliance details submitted below.
issued vide Proc. Dated 12.05.2020.
1. The unit shall operate and maintain the Complied.
Sewage Treatment Plant (CETP as The treated sewage samples collected from the STP stated by the unit) components by the TNPCB in the past periods are meeting all efficiently and continuously so as to the standards prescribed by the Board. achieve the treated sewage standards prescribed by the Board consistently and ensure that the treated sewage is completely utilized for gardening within the unit premises without any stagnation.
2. The unit shall provide RO plant for the The unit is constructing dedicated RO plant for entire quantity of trade effluent cooling water blow down. generated from Cooling Tower as Cooling Water Blow down (4800KLD), Boiler Blow down (30KLD) and DM plant regeneration (300KLD) as reported which is one of the CEPI long term action plan.
3. The unit shall ensure zero liquid The entire storm water channels are filled with discharge of trade effluent, thereby no process leakage water leading to old lagoon and the discharge of untreated/ treated trade same shall be collected & pumped to ETP. effluent on land or into any water bodies either inside or outside the premises at any point of time.
4. The unit shall connect all EMFMs It is informed that the output from EMFMs provided to Care Air Centre, TNPCB available locally but could not be uploaded due to and CPCB outdated model instruments. Hence latest EMFMs are being procured. (by Dec 2020).
5. The unit shall stop the discharge of It is informed that the underground pipe line 13 underground pipe line leakages (Fire leakages were attended. water) into old SEP's (lagoons) and to One acre of land is earmarked in ETP and 150 plant green belt by planting native & saplings were planted as part of Green belt area local specific species immediately. development.
6. The unit shall replace the furnace oil It is informed that Budgetary offer received. Under usage with LNG for the boilers of Tendering process. (Expected completion- Apr- capacity 55T/ Hr each before June 2020, may 2021 annual Turn around) as reported.
7. The unit shall apply for renewal of HWA application was submitted after uploading authorisation under the provisions of the latest RCO. But it was returned to install the Hazardous & Other Wastes new display board at gate. (Management, &Trans boundary New display board installed and kept at the outer Movement) Rules 2016. gate.
HWA application resubmitted on 13.07.2020.
8. In order to prevent the formation and The unit has ensured to comply.
accumulation of toxic gases inside the tanks and to prevent the occurrence of fatal accidents, while cleaning the tanks, adequate ventilation arrangements should be provided in all the concealed tanks located both above and below ground level which are meant for storing/ holding the effluents, rejects, sludge, permeate water and raw water etc.,. The sludge accumulated in the ETP components should be cleaned mechanically only and manual cleaning of the sludge should not be carried out under any circumstances.
9. The unit shall obtain & furnish Complied.
certificate of stability from the competent The unit has obtained certificate of stability from the authority as notified in sub rule (3) of competent person as authorized by DISH as Rule 12 B of the Tamil Nadu Factories notified in sub rule (3) of Rule B of the Tamil Rules, 1950 for the pollution abatement Nadu Factories Rules, 1950 vide dated measures provided in the unit. 31.01.2020 for three years.
10. The unit shall complete the target of Action taken details are furnished below.
short term and long term Action plan in CEPI area as committed by the unit without fail.
SHORT TERM ACTION PLAN:
Completion Action Plan Present Status of Compliance Target Feed Stock Conversion from Naphtha to LNG Completed August, 2019 which will reduce Energy consumption of Ammonia and Urea plants.
110T/hr ATA and Process Condensate boiler August, 2019 Completed fuel change from Furnace Oil to LNG.
Construction of a sump to recover all the water December Construction of a sump completed let out into the gutter which will be pumped to 2019 but the unit has not made the Cooling Water Blow down Treatment arrangements to collect & treat Plant where it will be treated and used for the process area underground Cooling Water makeup. leakages in the Cooling Water Blow down Treatment Plant as reported.14
Dedicated RO to treat Cooling Water Blow June 30, 2020 On progress down Plant Outlet.
LONG TERM ACTION PLAN:
Action Plan Completion Target Present Status of Compliance Increasing Green Belt area. 1 acre to be brought On progress under Green belt every year.
Change of Fuel from Furnace Oil to July 31, 2020. On progress RLNG for Boiler 1 and 2 (55T/hr each)
11. The unit shall continue to develop It was informed that already One acre of land is green belt by identifying land earmarked inside MFL in ETP and 150 saplings through Revenue Department and were planted as part of Green belt area always the native species shall be development. One acre/Year will be earmarked planted. and new trees will be planted accordingly.
12. The unit shall undertake CSR It was reported that the unit is doing CSR activities with priority to provide activities regularly. drinking water facility, Computer facilities and adequate toilet facilities in Girls Schools and Colleges to encourage Women Education especially in rural and semi-urban areas.
13. The unit shall provide Reverse It was informed that due to COVID-19 the plastic vending machines in procurement is delayed and will be completed the prominent public places so as to job before Dec 2020. collect waste plastic bottles so as to achieve the target of banning one time use and throw plastics in Tamilnadu and encourage recycling options.
14. The unit shall operate and maintain The ROA of AAQ (8 stations) and Stack the existing air pollution control Emissions(6 sources)monitoring survey measures provided to the emission conducted by the Board Lab on 04.03.2020 & sources efficiently and continuously 05.03.2020 reveals that the parameters are well so as to achieve the Ambient Air within the standards prescribed by the Board. Quality/ Stack Emission standards prescribed by the Board.
15. The unit shall ensure that the The unit has to rectify the defects of ammonia online stack sensors provided for analyser in the Prill tower and yet to connect the the parameters NH3 in urea prill HF & PM analyser of NPK train C to Care Air tower and HF & PM in NPK train Centre, TNPCB and CPCB server. As well as Care calibrated regularly & ensure NH3 analyser connectivity to the servers. operated and ensure that the output of the sensors are connected to TNPCB & CPCB server at all times.
16. The unit shall re-commission the • HF & PM analyzer already installed in NPK NPK train A &Bonly after C Train.
installation of HF& PM online • For NPK A Train, tendering is in progress. stack sensors in the stack attached (expected completion- Jan 2021) to each train. • It was informed that Train B completely will not be used in production line.
17. The unit shall install PM analyser • For process condensate boiler, 70T/hr& for the common stack attached with 110T/hr boiler - PM analyser PO issued & process condensate boiler 70T/hr& Equipment is under transit. (expected 110T/hr boiler and PM, completion- Aug 2020) SOx&NOx analyser for the • For boiler 1 & 2 tender floated & Technical 15 common stack attached with boilers evaluation in progress.(expected completion- 1 & 2 (55T/hr each) as reported. Nov 2020)
18. The unit shall install 11 nos. of new It is informed that MFL placed Purchase order ammonia sensors in the ambient air and delivery is getting delayed due to Covid 19 on or before June 2020 as reported pandemic. But however necessary steps being as the existing 10 ammonia sensors taken up to complete the job at the earliest. were not functioning since, 2016 due to Vardha Cyclone.
19. The unit shall restore the • Out of 5 CAAQM stations, CAAQMS station with the sensor • North gate station is working well and parameters such as PM10, PM2.5, connected to Care Air Centre. SOx, NOx, CO, NH3 & O3 as the • ETP station partially restored and connected one station near North gate is in to Care Air Centre. operation and connected to CAC, • For Remaining 3 stations, tender Chennai and the remaining four floated.(Expected completion- Jan 2021) stations were not in operation since, 2016 due to Vardha Cyclone.
20. The unit shall rectify the roof It was reported that the defects have been rectified.
defects in the temporary Hazardous Waste storage shed for the proper storage of hazardous waste till its disposal.
4.4 SAFETY AUDIT RECOMMENDATIONS:
Safety audit by an expert audit team was conducted for the M/s Madras Fertilizers Limited, Manali plant as per the IS: 14489 - 1998 standard guide lines and meeting with the requirements narrated in Manufacture, Storage, and Import of Hazardous Chemicals rules, 1989, Schedule - 8 Audit team
1. Mr. R. Jayakumar- B.E (Chemical), Honorary Chief technical consultant, Shiv Tech, Chennai.
2. Mr. V. Chandra Mohan - Safety Auditor, Fire & Safety expert. Audit Coordinators from MFL
1. Mr. T. VanniaPerumal - DGM -Production and Technical services.
2. Mr. A. Selvamurugan - DGM - Maintenance department.
3. Mr. M. Ravi - In charge Fire and Safety department.
The expert audit team recommends the following for proper implementation
1. Periodic review and updating of plant level operating procedures are to be carried out at required frequencies and also carryout "Process Hazard analysis" Studies whenever there is a change of product, process, equipment or system in the plant. After PHA studies relevant operating procedures to be updated.
2. Whenever there is a change of product , process, equipment or system in the plant Layout and process diagrams are to be amended with statutory authorities
3. A "Legal Calendar" for the plant level should be maintained which will help the plant management to review the legal compliance levels and also trigger legal compliance initiatives on time.
4. As a standard operating procedure for the hazardous storage areas of the plant, the dyke calculations should be reviewed and maintained for containment as per standards. All the dyke walls and internal floor areas should be properly sealed and maintained without any damages and openings. Also the dyke internal drainage system should be always maintained in closed condition.
5. Currently, Isolation valves are used for isolating the parts of equipment and systems which are not in use due to system up gradation and in isolated for maintenance work. They are liable to leak. Therefore, pipe lines and systems should be removed and open ends should be fitted suitable spectacle blind arrangements. Example unused Naphtha storage tanks and Phosphoric acid storage tank in port etc. 16
6. Damaged buildings, damaged roof with erosion and corrosion of pipe lines and support structures and elevated platforms can result in serious accidents and cateroscopic failures. To ensure safety suitable isolation should be provided till they are rectified or removed from service.
7. In order to identify the pipelines and reducing the chances of error the standard colour codes may be followed. The colour code charts indicating the colour and the content may also be displayed at prominent places
8. A " Digital indicator with alarm " for any hydro carbon, hydrogen, Ammonia and other toxic gas release should be provided to indicate the HF concentration of the gas releases at the Critical process plant and storage areas
9. There are some parts in the plant operating system which may undergo fast deterioration, may fail and get damaged unexpectedly due to slippages in preventive maintenance schedules and due to various process deviations
10. It is therefore, recommended for a "FMEA study " by the maintenance experts and also to develop a planned maintenance schedules and control plan for plant level and the identified critical Equipments as per the study,
11. Work permit system procedures and format has to be revisited to ensure effective involvement of plant Safety officer in ensuring compliance to procedures.
12. Plant is not equipped with adequate numbers of first aid trained ERT members trained by St.Johns ambulance and also adequate number of first aid boxes are unavailable in the plant areas as per standards
13. The fire pumps and system should be maintained in "Auto Mode" and the ring main should be maintained at the designed pressure. The system should have all the field emergency fire fighting gear like hose box stations, hoses and branch pipes near the hydrant outlets.
14. The boundary wall available in the territorial treatment plant is lower than the external ground level and is not meeting the intended purpose. Needs suitable rectification.
15. The plant level power distribution transformers available in the individual process plants are not maintained in closed condition and display of mandatory signages as per the IEC standards are missing.
16. Lightning protection equipment survey has to be conducted to ensure that all the hazardous process areas and the hazardous storage areas of the plant are adequately covered as per standards.
17. In general, display of mandatory warning and safety signage's plant wide can be improved to meet the standard requirements.
18. Roof water spray systems as per standards are recommended for the ammonia storage tanks and for chlorine storage areas.
19. Safe assembly points are to be located in open areas of the plants (Currently they are designated in closed rooms) and suitable route map and signage boards are to be displayed in critical locations of the plant.
20. Overall evacuation mock drill should be conducted for the plant at least once in a year with probable emergency scenarios making plant employees and contractors familiar with the emergency procedures.
21. Plant wide housekeeping and disposal of scrapped items is to be planned.
At the end of presentation, the Committee discussed in detail about the further work to be carried out as per scope and decided to engage IIT, Chennai to carry out the work. Due to current COVID 19 pandemic situation and restriction on inter-state travel and compulsory quarantine, the Committee Member from CPCB, Bengaluru could not able to participate to carry out monitoring/sampling. So it is decided to carry out the onsite field visit after situation gets normalcy.
Upon request of Committee members, the CMD-MFL agreed to bear the entire cost of the study to be carried out through IIT, Chennai. Subsequently, work is awarded to Dr. Madhavkumar, Associate Professor, EWRE Division, Department of Civil Engineering, and Indian Institute of Technology Madras to carry out the work as per the scope. Tentatively it is planned to start the monitoring work from first week of August 2020.
171. Suggestion:
1) The industry shall take necessary steps to comply with the directions issued by TNPCB in a time bound manner without further delay.
2) The industry shall take necessary steps for the compliance of the recommendations given in the safety audit report.
2. Submission for extension of time It is to inform CPCB RD Chennai office is functioning from Bengaluru due to current pandemic situation. Since the committee member (CPCB-Nodal Agency) is outside of Tamil Nadu state and Government of Tamil Nadu & Karnataka has restricted inter-state travel and enforced quarantine for travellers, so the committee decided to carry out field visit after normalcy resumes.
IIT, Chennai requested three months-time to complete the study as per scope of the Hon'ble NGT directions.
In view of the above facts, the Hon'ble Tribunal is requested to grant another four months time to the joint committee to submit the final report."
23. Since time was sought for filing further report and the same was granted. Thereafter, the matter was taken up on 08.07.2021 and on that day, the 9th respondent/Madras Fertilizers Limited had filed their revised and updated compliance status report dated 30.06.2021, e-filed on 30.06.2021 in a tabular column showing the Tamil Nadu Pollution Control Board‟s directions, compliance status of the directions of the Joint Committee dated 17.11.2020 and the compliance status by the 9th respondent/Madras Fertilizers Limited as on 25.06.2021 and extracted in Para (4) of the order and thereafter, this Tribunal had directed the Joint Committee, Tamil Nadu Pollution Control Board and the 9th respondent/Madras Fertilizers Limited to file the further progress reports.
24. The matter was taken up on 09.09.2021 and on that day, the Joint Committee had filed their compliance status report dated 23.08.2021, e-filed on 24.08.2021 and extracted in Para (2) of the order which reads as follows:-
Compliance Status Report of the Joint Committee (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated 11.06.2021 in OA no. 70/2020)
1. Background The Honourable National Green Tribunal, Southern Zone, Chennai, in the matter of OA No. 70 of 2020 directed on 11.06.201 as;
"...The joint committee and the Tamil Nadu Pollution Control Board are 18 directed to submit a further compliance report and action taken report respectively to this Tribunal on or before 08.07.2021 by e-filing..."
Due to COVID 19 pandemic situation, joint committee requested one-month time for filing the compliance report. Thereafter, the case got reposted to 25.08.2021.
In compliance to the Hon'ble Tribunal order, a joint committee meeting followed by inspection carried out on 13.08.2021. The compliance status of the following points suggested in the joint committee report were discussed;
2. AAQ Survey & Source Emission Monitoring;
In the matter of OA no. 256/2020, Hon'ble NGT (SZ), Chennai directed six industries in Manali area to verify the compliance of AAQ as well as source emission, in which M/s MFL is one of the industry, where monitoring was carried out during 29.03.2021 to 31.03.2021. The analysis result shows that source emission of utility boiler and AAQ are meeting the prescribed standards. The measured PM, NO2 & SO2 emission measured from utility boiler stack are 36.4 mg/Nm3, 14 mg/Nm3, & 293 mg/Nm3 respectively. In Ambient Air Quality monitoring eight sampling locations were identified to assess the GLC of point source emission of Gaseous and Particulate matter. The sampling locations are NNE Side of the Plant, NW Side of the Plant, WSW Side of the Plant, ENE Side of the Plant, SE Side of the Plant, SSW Side of the Plant, Near Main Gate (Road Side) and Beside Road Towards Moolakadai (Road Side).
Sulphur Dioxide as SO2: Ambient Air Quality measurement values of SO2 are ranging from 8.7 to 12.1μg/m3. Highest value of 12.1μg/m3 is obtained, which is within the NAAQM standards. Nitrogen Dioxide as NO2: Ambient Air Quality values of NO2 are ranging from 11.9 to 17.7μg/m3. Highest value of 17.7μg/m3 is obtained, which is within the NAAQM standards.
Particulate Matter (PM10): Ambient Air Quality values of PM10 are ranging from 56.9 to 87.3μg/m3. Highest value of 87.3μg/m3 is obtained and however the values are within the NAAQM standards. Particulate Matter (PM2.5): Ambient Air Quality values of PM2.5 are ranging from 28.5 to 44.4μg/m3. Highest value of 44.4μg/m3 is obtained, which is within the NAAQM standards.
Ammonia (NH3): Ambient Air Quality values of NH3 are ranging from 21.4 to 33.5μg/m3. Highest value of 33.5μg/m3 is obtained, which is within the NAAQM standards.
3. Compliance Status of the directions issued by TNPCB; a. The unit shall provide RO plant for the entire quantity of trade effluent generated from Cooling Tower as Cooling Water Blow down (4800KLD), Boiler Blow down (30KLD) and DM plant regeneration (300KLD) as reported which is one of the CEPI long term action plan. (Target: January 2021) Yet to comply: Installation work of RO system under progress. The industry is having three RO system for treatment of secondary treated sewage procured from Kodungaiyur STP. At present, the industry is partially procuring TTRO water from Kodungaiyur STP, so one RO system (line A) is in standby, this line A is presently used to treat above said wastewater generated from the industry until commencement of new dedicated RO system. The industry committed to comply by December 2021. b. The unit shall connect all EMFMs provided to Care Air Centre, TNPCB and CPCB (Target: January 2021) Yet to Comply. The industry committed to comply by December 2021. c. The unit shall replace the furnace oil usage with LNG for the two utility boilers of capacities 55 T/ Hr each to reduce the emissions. (Target: June 2021) Yet to Comply. The industry committed to comply by February 2021. d. The unit shall restore the CAAQMS station with the sensor parameters such as PM10, PM2.5, SOx, NOx, CO, NH3& O3 as the one station near North gate is in operation and connected to CAC, Chennai and another station near ETP is in partial operation. The remaining stations were not in operation since, 2016 due to Vardha Cyclone.
19(Target: March 2021) Complied, but yet to establish online connectivity to TNPCB/ CPCB server. The industry committed to complete connectivity by August 2021.
4. The following recommendations are suggested by the committee for not complying with AAQ Standards and exceeding the discharge norms of source emission from utility boiler
i) On-line monitoring at critical emission points shall be installed to provide information about the effect of malfunctions in the process and consequently the process conditions can be corrected. Partially Complied. Installation of CEMS analyzer in 110 ATA PCB common stack is completed. In Boiler 1 & 2 common stack yet to complete. The industry committed to complete by August 2021.
ii) Proper fuel to air combustion ratio should be maintained to keep down the NOx generation in the boiler.
Complied.
iii) All liquid wastes (water in the gutter) should be properly treated and recycled into the process, so that stripping of ammonia from the process water can be minimized.
Complied.
iv) The unit has provided collection tank for process water spillage/ seepage and informed, the collected water is taken back for treatment. But during inspection, it is observed that the spillage water is collected through the storm water drain, so the unit shall provide separate drains for spillage & storm water.
Yet to comply. The unit is not collected the spillage/seepage flowing through storm water drain, though the unit has provided collection tank. The unit is disposing the spillage/seepage on land for open percolation. The unit is yet to provide pipeline for conveying the same for treatment and recycling.
v) The unit must take continuous effort on monitoring the plant and carrying out periodical inspection of the valves, gaskets, and pipelines of the ammonia and urea plant to avoid ammonia leakages in the plant.
Complied.
vi) The unit shall revamp the plant equipment and re-design the process to abate the pollution problem.
Yet to comply.
vii) As the unit's NPK fertilizer manufacturing buildings and utilities including pipelines are in dilapidated condition and requires complete revamping.
Yet to comply.
viii) The unit shall obtain authorization under the provisions of Hazardous & Other Wastes (Management, &Trans boundary Movement) Rules 2016. Yet to Comply. The industry has re-submitted application to TNPCB on 07.07.2021.
ix) It was informed that validity of HW Authorization expired on 23.11.2014, since then the spent catalyst generated is stored in the unit premises. The unit shall take necessary action for disposal of spent catalyst. The unit started disposing to HW to authorised recycler and status of quantity waste generated, disposed & stored are given below Category Opening Disposed Opening Generation Disposed Balance balance till March balance from April till June as on June April 2021 2021 April 2021 to June 2021 2021 2021 Used/ Waste Nil Nil 3.0 oil
a) Lubricating 20 40.26 40.26 oil
b) Residue 3.0 3.0 Nil containing oil 20 Spent 166.77 61.60 105.17 Nil Nil 105.17 Catalyst PVC Empty 350 Nil 769 231 Nil 1000 chemical drums
x) The hazardous waste facility should be provided with leak/spill management systems to avoid any accidents that may occur due to spillage. Complied.
xi) The spacing between the containers can be increased as per the provision given by CPCB. Complied.
xii) Additional shed can be constructed to store the hazardous waste containers and spent catalyst accumulated in the hazardous waste shed so that storage of these wastes in open space can be avoided.
Complied.
xiii) The waste containers must also be named along with the characteristics of the hazardous waste stored so that the safety protocols can be followed accordingly during transportation and handling of the waste.
Complied.
5. TNPCB to impose the environmental compensation of Rs 37,35,000/- calculated by the committee for 83 days (till 17.11.2020) and thereon, each day Rs 45,000/- until fully compliance of emission norms/ closure direction. TNPCB shall be directed to impose the above stated environmental compensation on M/s MFL, Manali.
Out of 17 suggestions given in the committee report, 9 works has been complied, 3 works is under progress and remaining 5 works are at initial stage. It is informed by the industry that due to COVID-19 situation delay in the work progress. In view of the above, it is prayed by the joint committee that TNPCB shall periodically review the industry to the comply the recommendations at the earliest and the industry shall be directed to remit the compensation.
25. The 9th respondent/Madras Fertilizers Limited also filed a compliance status report dated 08.09.2021, e- filed on the same day and extracted in Para (3) of the order. At the request of the counsel appearing for the Tamil Nadu Pollution Control Board some time was granted to them to file their verification of the compliance status report filed by the 9th respondent/Madras Fertilizers Limited.
26. Thereafter, the matter was taken up on 04.03.2022 and on that day, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 25.01.2022, e-filed on the 21 same date and extracted in Para (2) of the order which reads as follows:-
22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3827. By this order they assessed the environmental compensation to the tune of Rs. 96,30,000/- (Rupees Ninety Six Lakhs and Thirty Thousand Only) and issued show cause notice on 21.12.2021. They have also mentioned in the report that 9th respondent had 39 obtained authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 by their proceedings dated 19.11.2021 valid upto 31.03.2026.
28. The 9th respondent/Madras Fertilizers Limited had filed further compliance status report dated 18.02.2022, e-filed on the same date which is more or less simiar to the table given by the Tamil Nadu Pollution Control Board in their report and as such we are not reproducing the same again to avoid repetition. They had given their clarifications regarding the directions issued by the Tamil Nadu Pollution Control Board in their compliance status report which reads as follows:-
40 41 42 43 44 45 46 47 48 49 50I respectfully submit that that the company is willing to take additional precautionary measures, if any suggested. The stoppage of production will not in the best interest of the farmers and the respondent company.
29. The 9th respondent/Madras Fertilizers Limited had filed additional reply affidavit wherein they have mentioned that during inspection and investigation of not only the team of officers of the project report headed by Dr. S. Madhava Kumar, Department of Civil Engineering, Indian Institute of Technology (IIT), Chennai but also of the Tamil Nadu Pollution Control Board, in its regular report on inspection, they had given various suggestions and they had submitted the compliance status reports in the tabular form to show that they had complied with most of the directions issued by them and they are prepared to abide by any further conditions imposed, so as to protect environment. They had submitted the various compliance status reports received on 19.04.2022 and 10.08.2022 along with the test reports conducted by them to show that there was no damage caused to the environment and they were strictly complying with the emission norms.
30. As regards the environmental compensation show cause notice was issued and they had submitted the explanation vide their letter dated 04.01.2022 (Letter No: MFL/ENV/TNPCB/2022-1) and no final orders have been passed in this regard.
5131. Heard Mr. R. Sankaranarayanan Additional Solicitor General appearing for 9 th respondent/Madras Fertilizers Limited, Mrs. M. Sumathi counsel appearing for first respondent, Dr. D. Shanmuganathan appearing for respondents no. 2 to 5 and 8, Mr. R. Thirunavukarasu appearing for 6 th respondent and Mr. S. Sai Sathya Jith appearing for 7 th respondent.
32. The counsel appearing for State Government submitted that State Government was taking all the steps to avoid pollution being caused and the respective departments had already taken steps against the 9th respondent/Madras Fertilizers Limited in respect of the incident occurred in the newspaper report.
33. The counsel appearing for Tamil Nadu Pollution Control Board submitted that the Tamil Nadu Pollution Control Board had inspected the unit and submitted a detailed report regarding the compliance of the recommendations made by the Joint Committee and the directions issued by the Tamil Nadu Pollution Control Board by the 9th respondent. Since there were some non-compliances, they had already issued show cause notice for imposing environmental compensation to a tune of Rs.96,30,000/- (Rupees Ninety Six Lakhs and Thirty Thousand Only) and reply had been received and after enquiry they will take appropriate action in this regard.
34. Mr. R. Sankaranarayanan Additional Solicitor General appearing for 9 th respondent/Madras Fertilizers Limited submitted that it was an unfortunate incident occurred due to leak while shutting down the unit during their regular maintenance operation and immediately on getting the report of the leak, the 52 maintenance team had inspected the area and rectified the same. Certain directions and recommendations had been made by the Tamil Nadu Pollution Control Board and the Joint Committee were being carried out by them and certain things will have to be carried out for which they required for some time and the environmental compensation assessed was excessive and they had already filed their objections to the show cause notice issued.
35. Considered the various reports submitted including the compliance status report and the action taken report by the authorities and considered the submissions made by the counsel appearing for the respondents.
36. The points that arose for consideration are:
i. Whether there was any violation committed by the 9th respondent/Madras Fertilizers Limited and whether any act in their operation had resulted in the incident and caused damage to the environment?
ii. Whether the compliance status report submitted by the 9th respondent is sufficient to exonerate them from payment of environmental compensation, iii. What are all the further directions to be issued in this case considering the nature of hazardous substance that is being manufactured by the 9 th respondent applying the Precautionary Principle to protect environment.
iv. Relief and costs.
53
Points:
37. The above case was Suo-Motu registered by this Tribunal on the basis of the various newspaper reports published in the New Indian Express, Chennai Edition, dated 16.05.2020 under the caption "Ammonia leak from Madras Fertilizers Limited worries residents in Chennai's Manali." The same incident was reported in Times of India dated 16.05.2020 under the caption "Gas leaking from the urea plant triggers panic in Chennai's Manali" and also Dinamalar daily dated, 16.05.2020 under the caption (kzyp cuj;
njhopw;rhiyapypUe;J mk;Nkhdpah thAf; frpthy; ghjpg;Gf;F cs;shd nghJkf;fs;). All these newspaper reports projected that there was an incident occurred on 14.05.2020 regarding leakage of Ammonia Gas from the 9th respondent/Madras Fertilizers Limited Industry which resulted in some inconvenience caused to the local people including eye irritation and breathing trouble.
38. This aspect was admitted by the 9th respondent/Madras Fertilizers Limited also in their reply statement, but they had mentioned that this has not resulted any environmental damage or pollution as the standard of Ammonia Gas found in the Ambient Air Quality was within the permissible limit and they had also mentioned that they had also taken all necessary steps to arrest the leak and at present everything is under control.
39. From the report of the Joint Committee, Tamil Nadu Pollution Control Board and also the various reports enclosed by the 9th respondent/Madras Fertilizers Limited themselves being the inspection reports of the various departments, it will be seen that there was some negligence on the part of the employees in carrying out the maintenance work which resulted in the incident. Further the inspection reports will go to show that there were certain in sufficiency in detection of leak system and the pollution control mechanism maintained by the 9th respondent unit. They had given additional safety measures to be taken by the 9th respondent to prevent such incident in future. It was a proven fact that excess Ammonia Gas in air will result in health hazards like eye irritation, skin allergy and breathing trouble and if exceeds it may even resulted in death of the people as well. It was a 54 hazardous substance and manufacturing industry of ammonia was treated as polluted industry as well. So the industry which is dealing with manufacture of Ammonia Gas were expected to take all extra precautionary methods to avoid leak of Ammonia Gas in the atmosphere, so as to protect the health of the people. Merely because the emissions norms were within control or within the permissible limit alone was not sufficient to come to the conclusion that there was no inconvenience caused to the public on account of the incident as it is clear from the various newspaper reports and also report submitted by the Tamil Nadu Pollution Control Board that it had resulted in some in convenience to the public residing nearby carrying eye irritation and breathing problems. In such cases this Tribunal principle of absolute liability has to be fastened in the 9th respondent industry and they are liable to pay environmental compensation.
40. Under such circumstances, it is not possible to accept their contention of the 9th respondent/Madras Fertilizers Limited that there was no environmental damage caused and they are not liable to pay any environmental compensation. So, we hold that they are responsible for causing some environmental damage which resulted in some inconvenience to the people in that locality on account of the leak of Ammonia Gas from their industry "Absolute Liability Theory" as evolved by the Hon‟ble Apex Court in Union Carbide Corporation and Others vs. Union of India and others AIR 1992 SC 248 (1991 4 SCC 584 and M.C. Mehta vs. Union of India and Others AIR 1987 SC 1086..
41. The various compliance status reports filed by the 9th respondent/Madras Fertilizers Limited and the action taken report submitted by the Tamil Nadu Pollution Control Board will go to show that the 9th respondent though complied with certain directions and recommendations, some of them were complied with only partially and some of them were yet to be carried out. So on that ground also for non-compliance of the directions issued by the Tamil Nadu Pollution Control Board to abate the possible future such incident and they are liable to pay compensation for non-compliance of the directions. So, on that ground also the contention of the 9th respondent that they are not liable for any compensation cannot be accepted.
42. As regards the environmental compensation was concerned, on the basis of 55 the various compliance of the direction and the non-compliances, the Tamil Nadu Pollution Control Board had assessed an environmental compensation to the tune of Rs.96,30,000/- (Rupees Ninety Six Lakhs and Thirty Thousand Only) as on a particular date considering the nature of non-compliances as an Interim compensation as it was only related to the non-compliances as on the date of inspection and issued show cause notice to show cause as to why this action should not imposed as environmental compensation which was admitted by the 9th respondent and they had filed reply to the same as well and the proceedings are pending before the Tamil Nadu Pollution Control Board. Since the Tamil Nadu Pollution Control Board had already taken action for recovery of the environmental compensation on the basis of the formula evolved by the Central Pollution Control Board and approved by the Principal Bench of National Green Tribunal to be applied in the case of violation of condition cases, we feel that this Tribunal need not go into the question at this stage and the Tamil Nadu Pollution Control Board itself can consider those aspects and pass appropriate orders on the basis of the objections filed by the 9th respondent/Madras Fertilizers Limited to the show cause issued in accordance with law, so that the 9th respondent if aggrieved by the same will be getting a liberty to challenge the same before appropriate forum as provided under the respective provisions of the statue under which such action was initiated by the Tamil Nadu Pollution Control Board.
43. So under such circumstances, we feel that the application can be disposed of with following directions:-
a. The contention of the 9th respondent/Madras Fertilizers Limited that there was no negligence on their part and there was no damage caused to the environment and they are not liable for environmental compensation are rejected and we hold that there were latches on their part and there are non-compliances of certain safety measures to be carried out and they are liable for environmental compensation.
b. As regards the quantum of compensation is concerned, since the Tamil Nadu Pollution Control Board had already assessed compensation to the tune of Rs.96,30,000/- (Rupees 56 Ninety Six Lakhs and Thirty Thousand Only) for the period up to the date of inspection where non-compliance were noted and issued a show cause notice and the 9th respondent had already filed their objection to the same, we direct the Tamil Nadu Pollution Control Board to complete the proceedings by giving opportunity to the 9 th respondent a fair hearing on the basis of the objections filed and pass appropriate orders in respect of environmental compensation in accordance with law and the right of the 9 th respondent, if aggrieved by the order to challenge the same before the appropriate authorities is also left open.
c. The 9th respondent/Madras Fertilizers Limited is directed to comply with the recommendations made by the Joint Committee, Tamil Nadu Pollution Control Board and the various safety measures directed to be carried out by the other departments who are dealing with the safety aspects of the industry in its letter and spirit.
d. The Tamil Nadu Pollution Control Board (TNPCB) is directed to conduct the periodical inspection of the 9th respondent unit and if there is any violation or non-compliances of the directions already issued or conditions imposed in the consent and other clearances, then they are directed to take appropriate action against the 9 th respondent/Madras Fertilizers Limited including the imposition of environmental compensation apart from initiating further coercive steps as provided under the respective statutes of environmental laws.
44. The points are answered accordingly:
5745. In the result, the application is disposed of with following directions:-
1. The contention of the 9th respondent/Madras Fertilizers Limited that there was no negligence on their part and there was no damage caused to the environment and they are not liable for environmental compensation are rejected and we hold that there were latches on their part and there are non-compliances of certain safety measures to be carried out and they are liable for environmental compensation.
2. As regards the quantum of compensation is concerned, since the Tamil Nadu Pollution Control Board had already assessed compensation to the tune of Rs.96,30,000/- (Rupees Ninety Six Lakhs and Thirty Thousand Only) for the period up to the date of inspection where non-compliance were noted and issued a show cause notice and the 9 th respondent had already filed their objection to the same, we direct the Tamil Nadu Pollution Control Board to complete the proceedings by giving opportunity to the 9th respondent a fair hearing on the basis of the objections filed and pass appropriate orders in respect of environmental compensation in accordance with law and the right of the 9th respondent, if aggrieved by the order to challenge the same before the appropriate authorities is also left open.
3. The 9th respondent/Madras Fertilizers Limited is directed to comply with the recommendations made by the Joint Committee, Tamil Nadu Pollution Control Board and the various safety measures directed to be carried out by the other departments who are dealing with the safety aspects of the 58 industry in its letter and spirit.
4. The Tamil Nadu Pollution Control Board (TNPCB) is directed to conduct the periodical inspection of the 9th respondent unit and if there is any violation or non-compliances of the directions already issued or conditions imposed in the consent and other clearances, then they are directed to take appropriate action against the 9th respondent/Madras Fertilizers Limited including the imposition of environmental compensation apart from initiating further coercive steps as provided under the respective statutes of environmental laws.
5. The Registry is directed to communicate this order to the official respondents and the Chairman-Tamil Nadu Pollution Control Board and also to the Central Pollution Control Board for their information and also for compliance of the direction.
6. With the above observations and directions, the Original Application is disposed of.
....................................J.M. (Justice K. Ramakrishnan) Sd/-
........................................E.M. (Dr. Satyagopal Korlapati) O.A. No. 70/2020 (SZ) 28.09.2022. Sr. 59