National Green Tribunal
Eco Med Solutions Through Its Partner ... vs Madhya Pradesh State Environment ... on 29 November, 2022
Item No. 5
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Appeal No. 06/2022(CZ)
(I.A No. 58/2022)
Eco Med Solutions through
Its Partner Shri Raman Kumar Applicant(s)
Versus
Madhya Pradesh, SEIAA Respondent(s)
Date of Hearing: 29.11.2022
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Ms. Meenakshi Patidar, Adv.
For Respondent(s) : Ms. Parul Bhadoria, Adv
Mr. Ravi Kant Patidar, Adv
Mr. Sachin K.Verma, Adv
Mr. Dharamvir Sharma, Adv
ORDER
1. Challenge in this appeal is the order dated 22.01.2022 issued by the Madhya Pradesh Environment Impact Assessment Authority (MPSEIAA) whereby and where under environmental clearance was granted to Respondent No. 3, M/s Krupa Wastages for Common Bio Medical Waste Treatment Facility on the terms and conditions mentioned in the order.
2. Aggrieved by the order, this appeal has been filed on the ground that Central Pollution Control Board has issued the siting guidelines in the year 2016 with distance criteria of a minimum of 500 meter from a residential area. The contention of the appellant is that in the present case a school is running within the 200 meters of the unit and unit is in 1 violation of guidelines issued by the Central Pollution Control Board. It is further submitted that NO Objection Certificate (NOC) from Gram Panchayat filed by the Respondent No.3 is as back as seventeen years which has been relied by the Respondent no. 1 while granting the Environment clearance.
3. The matter was taken up by this Tribunal on 13.04.2022 and notices were issued to the respondents. Later on during the course of proceedings, MPPCB was also impleaded as a necessary party and was further directed to submit the reply on the points as raised by the appellant with regard to the violation of siting criteria.
4. In response to the above, Respondent No. 1 and 2 has filed the reply with the facts that;
(i) The Respondent No. 2 SEAC in its 535th meeting dated 16/12/2021 after detailed deliberations, submissions and presentations made its recommendation to Respondent No. 1 SEIAA for issuance of EC in the favour of the Project Proponent.
(ii) The Respondent No. 1 SEIAA in its 699th meeting dated 29/12/2021 considered the case 7709/2020 of Respondent No. 3 and in view of the recommendations made by Respondent No. 2 MPSEAC issued the Environmental Clearance.
(iii) Further the EC dated 29/12/2021 issued in favour of Respondent No. 3 itself is evident that the public hearing was conducted on 23/09/2021 under the chairmanship of the Addl. District Magistrate District Seoni whereby all the issues were duly considered.
(iv) It is worthwhile to mention here that the Answering Respondent No. 1 while issuing EC in favour of project proponent has 2 specifically mentioned that "the EC will be subject to the location criteria to be decided by the MPPCB specially the proximity to the human settlement" and further has also mentioned that "the PP will take prior permission from MPPCB for establishing CBWTF at the site in reference to the revised guidelines of CPCB-2016 for CBWTF before installation" therefore here in the present appeal the MPPCB is the authorized competent authority to decide the criteria for location but the Appellant has not impleaded MPPCB as the necessary and proper party in the present appeal therefore all the averments of the Appellant pertaining to the criteria for location as per the revised guidelines of CPCB are baseless and without any substance therefore deserves to be dismissed.
(v) Further the issue raised by the Appellant with regard to the NOC obtained by the Project Proponent from Gram Panchayat has no relevance with the environmental issue and thus it is a clear case depicting the individual issue of financial losses likely to be caused to the Appellant in case the new CBWTF unit becomes operational and therefore the appeal not being the environmental issue and rather is a individual issue is not tenable in the eyes of law and deserves to be dismissed at a threshold.
5. It has further been argued by the Respondent No.1 that the matter of Respondent No.3, M/s Krupa Wastages was considered by the Expert Appraisal Committee and discussions are as follows:
2. Case No. - 7709/2020 M/s Krupa Wastages, A Common Bio-Medical Waste Treatment Facility, Shastri Ward, Near 3 Gayatri Mandir, Anganwari No. 10, Dist.
Seoni, MP - 480661 Prior Environment Clearance for Common Bio-Medical Waste Treatment Facility for treatment of 100 kg per hour Static Kiln based bio Medical Incineration Project at Village - Pindrai, Tehsil - Barghat, Dist. Seoni (MP).EIA Consultant: M/s. Vision Tech , Bhuvneshwar, Orissa.
This is case of Prior Environment Clearance for Common Bio-Medical Waste Treatment Facility for treatment of 100 kg per hour rotary kiln based bio medical incineration project at Village - Pindrai, Tehsil - Barghat, Dist. Seoni (MP).
The case was presented by the PP and their consultant in the 461st SEAC meeting dated 29-09-20 wherein PP submitted that it has already operating CBWT facility at same site i.e. Khasra No. 394, Village Pindrai Khurd, Teh. Barghat, Dist. Seoni (M.P.) having capacity of 50 kg per hours, to meet out the requirement of guideline issued by CPCB, it is proposed to standby the old incinerator and 100 KG per hour Fixed Hearth Kiln type incinerator, based bio medical incineration project . The existing autoclave and shredder will be used in the new facility. Earlier this case was scheduled for presentation and discussion in 461st 29/9/20 SEAC meeting and 505th SEAC meeting dated 24/07/2021 wherein amendment ToR was recommended. PP has submitted the EIA report forwarded through SEIAA on-line and the same was scheduled in the agenda.
The EIA was presented by Shri P. K. Ranjan, Env. Consultant from M/s.Vision Tech , Bhuvneshwar, Orissa and their representatives on behalf of PP , during presentation PP has submitted that this proposed project CBWTF is a modification of existing facility. Which is ZLD based. 4
Following are salient features of the project details:
M/s Krupa Wastage has already operating CBWT facility at same site i.e. Khasara No. 394, Village Pindrai khurd, Teh. Barghat, Dist.
Seoni (M.P.) having capacity of 50 kg per hours. To meet out the requirement of guideline issued by CPCB, it is proposed to standby the old incinerator and 100 KG Static Fixed Hearth Kiln type incinerator will be installed. The existing autoclave and shredder will be used in the new facility.
A Common Bio-medical Waste Treatment Facility (CBWTF) is a set up where bio-medical waste, generated from a number of healthcare units, is suitably treated to reduce adverse effects that this waste may pose. The treated waste may finally be sent for disposal in a secured landfill or for recycling purposes.
The Proposal was considered and
recommended in 461st SEAC
meeting dated 29.09.2020
Accordingly, SEIAA issued ToR vide no. 742/PS-
MS/MPPCB/SEAC/ToR/(461))/202 0 dated 06.10.2020 and revised ToR has been issued vide no 1927/SEIAA/2021 dated 17.092021 Proposed project of setting up of the Common Bio-medical Waste Treatment Facility for treatment of 100 kg per hour Static fixed Hearth kiln based bio medical incineration project , includes Incinerator, Autoclave, Shredder, Storage and Effluent Treatment Facility..
Following will be the capacity of the facility:
Project at a Glance:5
Sl. Number
Equipment Installed Capacity
No.
1 Static Fixed Hearth Kiln 01 100 kg per hr
2 Autoclave 01 0.5 m3
3 Shredder 01 50 kg
4 Effluent Treatment Plant 01 per
5 KLD
hour
Sr. Particulate Description
No.
Name of the proponent with Address Krupa Wastages
1.
2 Project capacity 100 kg
Khasara No. & Location of the project Khasara No.
3 394,
Village Pindrai
Geographic Location khurd,-22°4'0.58"N
Lat Teh. Long-
4 Barghat,
79°40'1.41"E
Dist. Seoni
5 Operation days 365 days
(M.P.)
Fresh water Requirement 5 KLD
6
Source of water Tanker supply
7
Electricity Load and Source 35 KWA
8
DG 20 KWA
9
Existing Man-power 30
10
11 Total project cost 1.86 Cr.
Land acquired 6317 Sqm
12
Land required for proposed plant 465 Sqm
13
Proposed area for plantation 428 Sqm
14
Existing area of plantation 1672 Sqm
15
Man-power (after capacity expansion) 50
16
75.45 Lakhs
17 Capital Cost for Environmental
measures (proposed)
4.90 lakhs
18 Recurring cost for environmental
measures (Proposed)
Land Use of the Site
Land use Break-Up for proposed unit Particulars Area (Sq. mt.) Plant and Machineries 280 Office and administration 80 Waste storage area 300 Fuel storage area 10 Road 550 Green belt area 2100 6 Plant and Machineries 280 Office and administration 80 Total Land 6317 Sq.mt.
Water Balance for proposed project Water Balance for proposed unit Heads Water Consumption Waste Water Unit Proposed Generation Proposed Incineration 1200 ltr 400 ltr Floor washing 800 ltr 680 ltr Vehicle washing 1000 ltr 900 ltr Steam Generation 100 ltr Nil Green Belt 500 ltr Nil Others 1400 ltr 1300 ltr Total 5000 ltr 3280 ltr Waste Management Solid wastes shall be generated in the form of Incineration ash from Incinerator, ETP sludge from ETP process and used oil from the plant utility. Following steps shall be taken;
Incineration ash from incinerator will be disposed to the nearest authorized TSDF site.
Incineration ash and ETP sludge will be sent to authorized TSDF site Used oil will be properly stored and it will be re-used as lubricants in the machineries within the premises only.
Record of solid waste generation and disposal shall be maintained.
All Necessary precaution shall be taken during handling, loading and unloading of solid waste.
Sr Name OfApproximate Waste Generating Mode Of
No Quantity Handling
The Waste Point
&
(Tonnes/Year)
Transport
7
1. Used oil 50 Lit/Yr. From DG Sets, It will be re-
Pumps, etc used as
lubricants
in the
mac
2. Incineratio 70 MT/Year Incineration of Authorized
n hineries TSDF
Ash Biomedical Waste
wit
3. ETP Sludge 2 MT/Year Effluent treatment Authorized
plant hin TSDF
the
premises
only
Gap and Root Description:
No common biomedical waste treatment facility is operating in the nearby areas of 75 km.
Total no. of bed covered (existing)-
S.No. District No. of bed (approx) 1 Seoni 800 2 Balaghat 1050 3 Mandla 750 4 Chhindwara 1500 5 Dindori 350 Total 4450
Total no. of bed covered (proposed)-
S. No. District No. of bed 1 Seoni (approx) 800 2 Balaghat 1050 3 Mandla 750 4 Chhindwara 1500 5 Dindori 350 6 Jabalpur 4200 7 Narsingpur 1200 8 Betul 800 Total 10650
After presentation and discussion PP was asked to submit following revised details:
1) Revised plantation of minimum 1000 plants as suggested by committee with proposal for development of fountain.
2) Proposal of additional plantation and proper budgetary provision in the EMP.
8
3) Revised CER, add proposal of bore well with recharge provision and distribution of fruit bearing plants in the school & in the village.
PP vide letter dated 16.12.2021 submitted reply of the above query. The query reply was presented by the PP and after deliberations, the submissions and presentation made by the PP were found to be satisfactory and acceptable hence the case was recommended for grant of Prior Environment Clearance for Common Bio Medical Waste Treatment Facility through 100 Kg per hour with Dry Scrubbing System and Ceramic Filters based medical incineration project Land Area- (6317 sq mtrs ) At Khasara No 394 Village-
PindraiKhurd Tehsil Barghat Dist Seoni (M.P.) of M/s Krupa Wastages Seoni (MP) under 7(da) for Common Biomedical Waste Treatment, Storage and Disposal Facilities, I. Statutory Compliance:
i. The project proponent shall obtain Consent to Establish/Operate under the provisions of Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974 from the concerned State Pollution Control Board/Committee. ii.Transportation and handling of Bio-medical Wastes shall be as per the Biomedical Wastes (Management and Handling) Rules, 2016 including the section 129 to 137 of Central Motor Vehicle Rules, 1989. iii. Project shall fulfill all the provisions of hazardous Wastes (Management, handling and Transboundary Movement) Rules, 2016 including collection and transportation design etc and also guidelines for Common Hazardous Waste Incineration - 2005, issued by CPCB Guidelines of CPCB/MPPCB for Bio- medical Waste Common Hazardous Wastes incinerations shall be followed. iv. Project shall fulfill hall obtain the necessary permission from the Central Ground Water Authority, in case of drawl of ground water/from the competent authority 9 concerned in case of drawl of surface water required for the project.
v. All other statutory clearances such as the approvals for storage of diesel from Chief Controlled of Explosive, Fire Department Civil Aviation Department shall be obtained, as applicable by project proponent from the respective competent authorities.
II. Air quality monitoring and
preservation
i. The project proponent shall install emission monitoring system including Dioxin and furans to monitor stack emission with respect to standards prescribed in Environment in Environment (Protection) Rules, 1986 and connected to SPCB and CPCB online servers and calibrate these systems from time to time according to equipment supplier specification through labs recognized under Environment (Protection) Act, 1986 or NABL accredited laboratories.
ii.Periodical air quality monitoring in and around the site including VOC, HC shall be carried out.
iii. Incineration plant shall be operated (combustion chambers) with temperature, retention time and turbulence, so as to achieve Total Organic Carbon (TOC) consent in the slag and bottom ashes less than 3% or their loss on ignition is less than 5% of the dry weight of the materials.
iv. Adequate air pollution control system should be provided with the incinerator to arrest the gaseous emission with stack of adequate height (Minimum 30 meters) to control particulate emission.
v. Appropriate Air Pollution Control (APC) system shall be provided for fugitive dust from all vulnerable sources, so as to comply prescribed standards. All necessary air pollution Control devises (quenching, venturi scrubber, mist eliminatory) should be provided for compliance of emission standards.
vi. Masking agents should be used for odour standards.10
III. Water quality monitoring and preservation i. The project proponent shall install effluent monitoring system with respect to standards prescribed in Environment (Protection) Rules, 1986 through labs recognized under Environment (Protection) Act, 1986 or NABL accredited laboratories.
ii.Waste water generated from the facility hall be treated in the ETP and The water after primary treatment shall be sent to CETP for further treatment and record shall be maintained. The water quality of treated effluent shall meet the norms prescribed by State Pollution Control Board. Zero liquid discharge shall be maintained.
iii. Process effluent /any waste water should not be allowed to mix with storm water. iv. Total fresh water use shall not exceed the proposed requirement (5 KLD) as provided in the project details. Prior permission from competent authority shall be obtained for use of fresh water.
v. Zero discharge treatment system shall be provided. No soil contamination is anticipated from the proposed project as the land fill facility will have liner system to arrest any contamination.
vi. Web based camera shall be installed to monitor the ZLD condition.
vii. The leachate, if any, from the facility shall be collected and treated to meet the prescribed standards before disposal.
viii. A drain along the boundary wall shall be made, and shall be connected to settling tank to protect the flow of contaminant towards nearby land ix. Run-off from upstream areas will be diverted to settling tank (5mLX5mWX5D) within the premises through drains.
x. The run-off generation will be minimized by diverting run-off from areas external to the plant to storm water discharge points;
IV. Noise monitoring and prevention 11 i. The ambient noise levels should conform to the standards prescribed under E(P)A Rules, 1986 viz. 75 dB(A) during day time and 70 dB(A) during night time.
ii. The sources of noise generation will Incinerator, pumps, Compressors, etc. All machinery has been manufactured as per OSHA/MoEF guidelines. Earplugs have been provided to workers working in noise prone area.
iii. Ambient noise levels is in accordance with MoEF notification dated 14-02-2000 i.e. noise levels will be < 75 dB (A) during daytime and < 70 dB (A) during night time. No additional increase is expected.
V. Energy Conservation measures i. Provide solar power generation roof tops of building, for solar light system for all common areas, street lights, parking around project area and maintain the same regularly. ii. Provide LED lights in their offices and residential areas.
iii.Power will be required about 35 KVA which have been sourced through Madhya Pradesh Vidyut Vitaran Company Ltd.
VI. Waste management i. Incinerated ash and other shredded or Autoclaved waste shall be disposed at approved TSDF and MoU made in this regard shall be submitted to the SPCB prior to the Commencement.
ii.The solid wastes shall be segregated as per the norms of the solid Waste Management Rules, 2016.
iii.Any wastes from construction and demolition activities related thereto shall be managed so as to strictly conform to the Construction and Demolition Rules, 2016.
iv. No landfill site is allowed within the CBWTF site. v. Regular monitoring and analysis of village Pond flowing nearby and nearby pond shall be carried out 12 vi. RCC dyke/platform should be constructed for storage of chemicals and oil drums to avoid spillage.
vii. The project proponent shall not store the Hazardous Wastes more than the quantity that has been permitted by the CPCB/SPCB and disposed them as per condition of the authorization VII. Green Belt i. Green belt shall be developed in area as provided in project details, with native tree green belt shall be developed in an area equal to 33% of the plant area with a native tree species in accordance with CPCB guidelines. The greenbelt shall inter alia cover the entire periphery of the plant.
ii. The 2100 sq.mts (1000 numbers of trees) of total area shall be provided for green belt development as per the details provided in the project document. 5 m wide greenbelt will be developed all around the plant.
IX. EMP & Corporate Environment Responsibility i. The company shall have a well laid down environmental policy duly approve by the Board of Directors. The environmental policy should prescribe for standard operating procedures to have proper checks and balances and to during into focus any infringements/ deviation/ violation of the environmental/ forest/ wildlife norms/condition. The company shall have defined system of reporting infringements/ deviation/ violation of the environmental/ forest/ wildlife norms/ conditions and / or shareholders / stake holders. The copy of the board resolution in this regard shall be submitted to the MoEF & CC as a part of six monthly reports.
ii. In the EMP PP have proposed Rs. 75.45 lakh as capital cost and 4.90 lakh/year for recurring expenses.
iii.PP shall provide budget of Rs 15 Lacs under CER budget and shall be incurred as per the proposal given below.13
Commitment towards public hearing Issue in terms of Physical Target Plan Activity SN Provision of Provision of bore well at 02 number ( One 1 at Primary School and One at Aganwadi) bore well Lac ) PlantationIn Plantation by unit in village Pindarai 2 in village Khurd withPindarai 2000 noKhurd in consultation of Trees ( Rs 250 /-
village of Gram Panchayat per plant) Rs 5 Lacs ( Rs 1 Infrastructu Construction of one room (10feet X 15feet) 3 re facility with essential facility at nearby primary school at Pindarai Khurd ( Rs 5 Lac ) Misc Contribution in terms of tents, lights, food etc duringrelig 4 ceremony/programme at villages and provision of utensils, Chairs for regilious function Rs 4 Lac Indicative Budget : Rs 15 Lacs for above activity iv. A separate Environmental Cell both at the project and company head quarter level, with qualified personnel shall be set up under the control of senor Executive, who will directly to the head of the organization.
v. Action plan for implementing EMP and environmental conditions along with responsibility matrix of the company shall be prepared and shall be duly approved by competent authority. The year wise funds earmarked for environmental protection measures shall be kept in separate account and not to be diverted for any other purpose. Year wise progress of implementation of action plan shall be reported to the Ministry/Regional Officer along with the six monthly Compliance Report. vi. Self environmental audit shall be conducted annually.
Every three years third party environmental audit shall be carried out.
X. Miscellaneous i. The project authorities must strictly adhere to the
stipulation made by the State Pollution Control Board and the State Government.
ii. The project proponent shall abide by all the commitments and recommendations made in the EIA/EMP report, commitment made during Public Hearing and also that during their presentation to the Expert Appraisal Committee.
iii. No further expansion of modification in the plant shall be carried out within prior approval of the Ministry of Environment Forests and Climate Change (MoEF & CC). 14 iv. The above conditions shall be enforced, inter-alia under the provisions of the Water (Prevention & Control of Pollution) Act, 1974, the (Prevention & Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and the Public Liability Insurance Act, 1991 along with their amendments and Rules any other orders passed by the Hon'ble Supreme Court of India/ High Courts/NGT any other Court of Law relating to the subject matter.
6. Respondent No.3 has filed the reply with the facts that:
(i) Respondent no. 3 has not intentionally concealed any material information from the competent authorities for the grant of Environmental Clearance, as there is no government school in existence within 500 mts radius of the CBWTF being operated by the Respondent no. 3. The nearest government school from the location of CBWTF is located at a distance of 1.5 KMs.
(ii) The CBWTF being operated by the Respondent no. 3 is located at a place which is reasonably far away from the notified residential and sensitive areas and thus, the facility is not causing any adverse impact on environment and habitation in the vicinity. Moreover, the language used in the CPCB guidelines of 2016 makes it amply clear that even if the government school was located within 500 m periphery, the CBWTF can be located around it, as the word used is `preferably' 500 m. It has also been stated in the guidelines that CBWIT can be located at a place "reasonably far away"
from notified and sensitive areas. It is submitted that even for the sake of argument, it is considered that the school exists within 500 m periphery of the CBWTF, then also as per the 15 submissions made by the Appellant, the school exists at a distance of 200 m from the CBWTF, which is a `reasonably far away' distance. Furthermore, it is also provided in the CPCB guidelines of 2016 that upon non availability of land, the distance can be reduced below 500m by SPCB/ PCC with additional control measures.
(iii)The facts of the matter is that the NOC given to the replying Respondent no. 3 is a valid document which was received by the Respondent no. 3 at the time of purchase of the said land, and merely grant of NOC by the Gram Panchayat which has to the Respondent no. 3 years ago, does not make it a fabricated piece of document. There is no time limit for validity as per law for an NOC granted to any person by the Gram Panchayat. Moreover, the Hon'ble Tribunal is not the correct forum to challenge the validity of a document, and the power for the same lies before a competent civil court.
(iv) It is further submitted by replying Respondent no. 3 that a fresh NOC dated 11.08.2021 was issued by the Gram Panchayat Pindrai Khurd, Tehsil Barghat, District Seoni (M.P.) in favour of the Respondent no. 3 for carrying out developmental work of CBWTF facility at the site, which is the actual NOC that has been used by the Respondent no. 3 for obtaining Environmental Clearance, and not the one which has been referred to by the Appellant in their memo of Appeal as Annexure A/7. Therefore, the Appellant is trying to mislead the Hon'ble Tribunal with false facts, with the intention to create unnecessary hurdles in the way of the 16 replying Respondent no. 3 in the establishment and operation of CBWTF.
7. It is further argued by the Respondent that contentions raised by the Appellant are hysterical and whimsical, as there is no irregularity committed by the Respondent no. 3 due to the NOC granted to them by the Gram Panchayat in 2005. A document does not lose its value merely for the reason that it is old and because a considerable time has passed from the date of its creation. Moreover, a fresh NOC dated 11.08.2021 was issued by the Gram Panchayat Pindrai Khurd, Tehsil Barghat, District Seoni (M.P.) in favour of the Respondent no. 3 for carrying out developmental work of CBWTF facility at the site, which is the actual NOC that has been used by the Respondent no. 3 for obtaining Environmental Clearance, and not the one which has been referred to by the Appellant in their memo of Appeal as Annexure A/7. Thus, the Appellant's sole purpose to bring up the said NOC annexed as Annexure A/7 in the memo of Appeal, is for the sake deception by which the Appellant seeks to mislead this Tribunal. Even otherwise, if the Appellant believes the document filed by the replying Respondent no. 3 is depicting a fraud, then the same should be challenged by the Appellant in a competent court.
8. During the course of hearing the Tribunal vide order dated 30.08.2022 directed the Madhya Pradesh Pollution Control Board to visit the site and submit the Factual and Action Taken Report. The inspection report based on the visit dated 14.09.2022 are as follows:
1. The concerned Common Bio-medical Waste Treatment Facility (CBWTF) M/s Krupa Wastages (Respondent No. 3) is located and operating at Village - Pindrai Khurd, Post-Kesla, Tehsil - Barghat, Distt.- Seoni (M.P.).17
2. The above CBWTF was commissioned at the said location in 2005 after obtaining Consents (under the provisions of Air & Water Acts) and Authorization (under the provisions of BMW rules) from M.P. Pollution Control Board.
3. The facility has obtained Environmental Clearance from MPSEIAA vide letter no. - EC22B057MP198453 Dated -
22/01/2022 for modernization and expansion of the existing facility.
4. The CBWTF has obtained CTE-Expansion followed by CCA-
Expansion after modernization and expansion of the facility and rendering the services to the Health Care Facilities operating in Seoni, Mandla, Balaghat, Chhindwara, Narsingpur & Dindori districts.
5. The validity of Air / Water Consent and Authorization granted to the facility is as follows:
Air/Water Consent 28/02/2023
Authorization under BMW Rules 28/02/2023
Authorization under Hazardous Waste 31/07/2025. Rules
6. The current maximum capacity of the CBWTF in terms of waste handling per day is Yellow Cat. -- 300.00, Red Cat. -- 25.00 White (Translucent) Cat. -- 3.00 Blue Cat. -160.00 Kg
7. Currently the CBWTF is operating with following facilities:
SN Facility Number of units Capacity
1. Incinerator (Dry) 02 100 Kg/Hr 050 Kg/Hr (stand-by)
2. Autoclave 02 500lts/Cycle 100 Lts/Cycle
3. Shredder 02 100 Kg/Hr 50 Kg/Hr
4. DG-set 01 63 kVA
5. Real time On-line 01 --
Air Quality
6. monitoring
BMW system 07
Collection --
Vehicles
8. The air pollution control system installed in the incinerator of the CBWTF include - 30 meters high chimney, cyclone & bag-filter.18
Earlier water scrubber was installed which has been replaced with the bag-filters during course of modernization & expansion.
9. The waste-water is generated from periodic washing of the vehicles this waste-water is being treated through an effluent treatment plant (ETP).
10. The facility has installed an ETP having a capacity of 5 KL. Various components of the ETP include - collection tank, grit chamber, oil separator, dozing tank and sand-carbon filter.
11. The entire treated waste-water is being recycled and re- used for washings thus there is no discharge from the unit. Location of School building
12. No Government School could be observed within 500 meters from the CBWTF boundaries. However, there is one Private Middle School namely, Ideal Unity Public School operating within 500 meters from the unit. The aerial distance of the School building from the stack of the CBWTF is about 252.78 meters (Google map enclosed as Annexure 1). It was informed by the School management that the School has been established at this location in 2013. Papers pertaining to the School building, such as land-use diversion, NOC from Panchayat, Permission from DEO etc. could not be furnished by the School Management.
13. A meeting was held with representative of the School Smt. Thakre (W/o Shri Gajesh Thakre the owner of the school) to know their grievances. She stated that presently there is no problem from the operation of the CBWTF after the modernization of the unit.
14. Air and water monitoring was carried out during the visit. The observations are as follows:
Air Particulate Combustio HCl SO2 NO2 matter n efficiency Source 45.89 mg/ 99.5 % 19.4 mg/ -- --
(Stack) Nm3 Desirable- Nm3
Permissible Permissibl
- 50.0 more than e-50.0
mg/Nm3 99% mg/Nm3
19
Ambient 90.26 μg/m3 -- -- 7.0 20.0
Permissible- μg/m3 μg/m3
100 μg/m3 Permissib Permissib
le- 80 le-80
μg/m3 μg/m3
Treated pH T. D. Solids S. Solids BOD COD Chlorid
Effluent Solids e
from ETP
outlet
Permissibl 5.5 to -- 2100mg/ 100 mg/ 30.0 mg/ 250.0 1000
e
limit 9.0 Lt Lt Lt mg/ mg/ Lt
Observed 7.27 Lt
81 mg/ 759 mg/ 60 mg/ 18.0 mg/ 50.0 86.1 value 9 Lt Lt Lt mg/ 3 Lt Lt mg/ Lt
9. Compliance of the guidelines issued by the CPCB published on 21.12.2016 have been reported by the State Pollution Control Board as follows:
Location criteria As per the Guidelines of CPCB publish dated December 21, 2016 The location criteria for development of a CBWTF are as follows:
Sr. Criteria Status of the CBWTF M/s Krupa
No Wastages
A A CBWTF shall preferably be Not located in notified industrial
developed in a notified area hence not applicable
industrial area
without any
requirement of buffer zone (or)
A CBWTF can be located at a CBWTF has been
place reasonable far away commissioned at the said
from notified residential and location in 2005 i.e. prior
sensitive areas and should to the publication of the
have a buffer distance of
above guidelines.
preferably 500 m so that it
shall have minimal impact No notified residential /
on these areas. In sensitive area could be
case of non- availability of observed within 500
such a land, the buffer zone meters from the CBWTF
distance from the notified accept a private middle
residential area may be school.
reduced to less than 500 m The school namely, Ideal
by SPCB/PCC without Unity Public School is
referring the matter to CPCB operating at about 252
by prescribing additional
meters from the unit, the
control measures such as
same is reported to be
(i) adoption of best available
established at this location
technologies (BAT) by the
proponent of CBWTF; (ii) in 2013.
prescribing stringent CBWTF has obtained
Environmental Clearance
20
standards for operation of from MPSEIAA vide letter
the CBWTF by the no. EC22B057MP198453
SPCB/PCC; (iii) adoption of Dated 22/01/2022 for
zero liquid discharge by the modernization and
CBWTF and (iv) in case of expansion of the existing
any complaints from the
facility in accordance to
public, then CBWTF should
the BMW Rules 2016.
prove that the facility is not
causing any adverse impact Cognizance of the siting
on environment and criteria including distance
habitation in the vicinity. If isbeing examined by
SPCB/PCC is not in a MPSEIAA/ MPSEAC while
position to resolve the issue appraising the matter for
relating to buffer zone prior EC. (Copy of the
while selecting the Minutes enclosed as
site for CBWTFs, in Annexure- 1,2)
such a case, SPCBs/PCCs MPPCB has accorded
may refer the matter to consents with essential
CPCB. conditions. (Copy of the
Consent order enclosed as
Annexure-3
B The CBWTF can also be Not applicable to this CBWF
developed as an integral part
of the Hazardous Waste
Treatment Storage and
Disposal Facility (TSDF)
subject to obtaining of
necessary approvals from the
authorities concerned
including 'environmental
clearance' as per
Environmental
Impact Assessment
2006 and further
amendments notified under
the Environment (Protection)
Act, 1986, provided there is
no CBWTF exist within 150
KM distance from the existing
TSDF
From above it is clear that due cognizance of siting criteria has been taken by the MPSEIAA while granting the prior EC. Accordingly, the unit has adopted the best available technology (Dry technology based Incinerator with bag-filters etc. for control of air pollution and efficient ETP with zero discharge provisions to prevent water pollution).
10. In view of the above contentions as raised by the appellant for violation of CPCB guidelines with regard to the Common Bio-medical Waste Treatment Facility (CBWTF) and the siting criteria, the report submitted 21 by the State Pollution Control Board and the Madhya Pradesh Environment Impact Assessment Authority (MPSEIAA) reveal that the CBWTF was commissioned at the said location in 2005 after obtaining consent under the provisions of Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974 and authorization under the provisions of Bio Medical Waste Rules from State Pollution Control Board. Initially at the time of commissioning of the facility there was no violation of any siting criteria or other norms and the unit was operating and was found in compliance of the environmental rules. State Pollution Control Board has not so far reported any contravention of the rules.
11. The school as stated by the learned counsel for the appellant was established at this location in 2013. The expert of the State Pollution Control Board sought papers with regard to land use and diversion from competent authority, but the school failed to produce these documents. Though this tribunal is not concerned with the above documents, but while considering the siting criteria of the unit which is functioning from 2005, it can be clearly stated that at the time of commissioning of the unit, there was no violation of siting criteria in 2005, and rule with regard to fixing of siting criteria was made operational in 2016.
12. It has been reported by the Expert of State Pollution Control Board, Chief Chemist that the matter of cognizance of siting criteria has been taken by the Madhya Pradesh Environment Impact Assessment Authority (MPSEIAA) while granting the prior environmental clearance.
The unit has adopted the best available technology (dry technology 22 based incinerator with bag filters, etc) for control of air pollution and efficient ETP with zero discharge provisions to prevent water pollution.
13. Further, while granting the consent, specific conditions are as follows:
A. Specific Conditions as recommended by SEIAA
1. The entire demand of fresh water should be met through licensed tanker and there should be no extraction of ground water.
2. This EC will be subject to the location criteria to be decided by the MPPCB specially the proximity to the human settlement.
3. P will take prior permission of MPPCB for establishing CBWTF at the site in reference to revised guideline of CPCB-2016 for CBWTF before installation
4. PP should install adequate ETP for treatment and disposal of effluent and Zero discharge should be maintained.
5. Process effluent/any waste water should not be allowed to mix with storm water.
6. Guidelines of CPCB/MPPCB for Bio-Medical Waste Common Hazardous Wastes Incinerators shall be followed.
7. No landfill site is allowed within the CBWTF site.
8. ECOSORB (organic and biodegradable chemical) and alumina will be used around odor generation areas at regular intervals for dilution of odorant by odor counteraction or neutralize.
9. PP will ensure to use only non chlorinated bags for handling and storing bio medical waste. In any case, PP is not allowed to use poly and plastic bags.23
10. All safety measures will be strictly followed by workers for handling of Bio medical waste bags during storage and feeding at incinerator to prevent health hazards.
B. Specific Conditions as recommended by SEAC I. Statutory compliance:
(i) The project proponent shall obtain Consent to Establish/Operate under the provisions of Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974 from the concerned State Pollution Control Board/Committee.
(ii) Transportation and handling of Bio-medical Wastes shall be as per the Biomedical Wastes (Management and Handling) Rules, 2016 including the section 129 to 137 of Central Motor Vehicle Rules. 1989.
(iii) Project shall fulfill all the provisions of hazardous Wastes (Management, handling and Trans-boundary Movement) Rules, 2016 including collection and transportation design etc and also guidelines for Common Hazardous Waste Incineration-2005, issued by CPCB Guidelines of CPCB/MPPCB for Bio-medical Waste Common Hazardous Wastes incinerations shall be followed.
(iv) Project shall fulfill hall obtain the necessary permission from the Central Ground Water Authority, in case of drawl of ground water/from the competent authority concerned in case of drawl of surface water required for the project.24
(v) All other statutory clearances such as the approvals for storage of diesel from Chief Controlled of Explosive, Fire Department Civil Aviation Department shall be obtained, as applicable by project proponent from the respective competent authorities.
II. Air Quality monitoring and preservation
(i) The project proponent shall install emission monitoring system including Dioxin and furans to monitor stack emission with respect to standards prescribed in Environment in Environment (Protection) Rules, 1986 9nd connected to SPCB and CPCB online servers and calibrate these systems, from time to time according to equipment supplier specification through labs recognized under Environment (Protection) Act, 1986 or NABL accredited laboratories.
(ii) Periodical air quality monitoring in and around the site including VOC, HC shall be carried out.
(iii) Incineration plant shall be operated (combustion chambers) with temperature, retention time and turbulence. so as to achieve Total Organic Carbon (TOC) consent in the slag and bottom ashes less than 3% or their loss on ignition is less than 5% of the dry weight of the materials.
(iv) Adequate air pollution control system should be provided with the incinerator to arrest the gaseous emission with stack of adequate height (Minimum 30 meters) to control particulate emission. 25
(v) Appropriate Air Pollution Control (APC) system shall be provided for fugitive dust from all vulnerable sources so as to comply prescribed standards. All necessary air pollution Control devises (quenching, venturi scrubber, mist eliminatory) should be provided for compliance of emission standards.
(vi) Masking agents should be used for odour standards. III. Water quality monitoring and preservation
(i) The project proponent shall install effluent monitoring system with respect to standards prescribed in Environment (Protection) Rules, 1986 through labs recognized under Environment (Protection) Act, 1986 or NABL accredited laboratories.
(ii) Waste water generated from the facility hall be
treated in the ETP and The water
after primary treatment shall be sent to CETP for further treatment and record shall be maintained. The water quality of treated effluent shall meet the norms prescribed by State Pollution Control Board. Zero liquid discharge shall be maintained.
(iii) Process effluent /any waste water should not be allowed to mix with storm water.
(iv) Total fresh water use shall not exceed the proposed requirement (5 KLD) as provided in the project details. Prior permission from competent authority shall be obtained for use of fresh water. 26
(v) Zero discharge treatment system shall be provided.
No soil contamination is anticipated from the proposed project as the land fill facility will have liner system to arrest any contamination.
(vi) Web based camera shall be installed to monitor the ZLD condition.
(vii) The leachate, if any, from the facility shall be shall be collected and treated to meet the prescribed standers before disposal.
(viii) A drain along the boundary wall shall be made, and shall be connected to settling tank to protect the flow of contaminant towards nearby land.
(ix) Run-off from upstream areas will be diverted to settling tank (5mLX5mWX5D) within the premises through drains.
(x) The run-off generation will be minimized by diverting run-off from areas external to the plant to storm water discharge points.
14. In view of the above conditions as narrated by the learned counsel for the Respondent and report submitted by the Madhya Pradesh Environment Impact Assessment Authority (MPSEIAA) and State Pollution Control Board, the operation of the unit can be considered from the date of commissioning and it is for the State Pollution Control Board to see the compliances periodically and to take legal necessary action, in case it is found to be operational in violation of environmental rules.
15. Accordingly, we find no illegality or irregularity while passing the order impugned and appeal deserves to be dismissed and accordingly 27 dismissed. However, so far as compliance of the conditions is concerned, we direct the State Pollution Control Board to ensure the compliances of the conditions as laid in the consent order.
The appeal no. 06/2022 disposed of accordingly.
Sheo Kumar Singh, JM Dr. Arun Kumar Verma, EM 29th November, 2022 Appeal No. 06/2022 (CZ) PU 28 29