National Green Tribunal
S. Pappathi vs Tamil Nadu Pollution Control Board on 1 November, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.05:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.60 of 2020 (SZ)&
I.A. No. 27 of 2020(SZ)
(Through Video Conference)
IN THE MATTER OF:
S. Pappathi
W/o. Subash Chandra Bose,
7/73, K. Pichampatti,
K.P. Thazaipatti,
K. Pichampatti post,
Karur- 639001
...Applicant(s)
Versus
1. The Chairman,
Tamil Nadu Pollution Control Board,
76, Anna Salai,
Guindy Industrial Estate,
Race view Colony,
Chennai- 600032
2. The District Environmental Engineer,
Karur District,
Tamil Nadu Pollution Control Board.
3. The Managing Director,
Tamil Nadu News Print and Papers Limited,
Kagithapuram,
Karur-639136
4. R. Subramani,
The Proprietor,
M/s Bahavathiamman Steels,
S.F. No. 771/1,2,3,4 and 774/1,2
Thotakurichipunjai village,
Manmangalam Taluk,
Karur-639113
...Respondent(s)
Date of hearing: 01.11.2021.
For Applicant(s): None Appeared
For Respondent(s): Mr. Sai Sathya Jith for R1 & R2
[1]
Mr. Rahul Balaji for R3
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
ORDER
1. The grievance in this application is regarding the functioning of Bahavathiamman steels in violations of the provisions of Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016 by 4th respondent.
2. They have also challenged the authorisation given to the 3rd respondent by Authorisation no.17HFC6099784 dated 16.02.2017. The authorization was granted to the 4th respondent permitting storage of lime sludge, which is a hazardous spent chemical waste generated as a by-product in a paper industry, in a dry land and they have no facilities or built-equipment to handle and store the waste. This is in violation of the above said rules.
3. They have also relied on the decision of this Tribunal in The President, Karur Maavata Nilathadi Neer Pathugapu Matrum Saayzkazhival Pathikapatta Vivasayigal Sangam vs. Union of India & Ors. 1 dated 20.11.2015, where this Tribunal had mandated certain infrastructural pre-
requisites for an entity to be permitted to store the hazardous waste and this was also not followed by them.
4. Though, complaints were made to the authorities, no action was taken so they filed this application seeking the following reliefs:
(i) Set aside the fresh authorization granted to the 4th respondent by the 1st and 2nd respondent vide proceedings no.
F.0887KAR/HWA/OSDEE/TNPCB/KAR/2019, granting fresh authorisation no. 19HFD27218171 dated 01/08/2019.
(ii) Direct the 3rd respondent to strictly comply with procedure laid down in the Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016 framed under the EPA 1986, with regard to storage and disposal of the spent Chemical waste immediately forthwith.
(iii) Impose financial penalties to the occupier and the operator of the disposal 1 O.A. No. 366 of 2013 [2] facility under 23 of the Rules for violating the rules, and on respondents 1 and 2 for granting permission to the 4th respondent sans observing the procedure stated in the rules, to the extent that this Tribunal deems fit under the circumstances stated above.
(iv) Order for restoration of the land in which the sludge was stored by the 4th respondent.
(v) And pass any other orders it deems fit in the interest of justice.
5. None of the respondents have filed their independent pleading in this case.
6. 3rd respondent has filed counter contending that they are strictly following the conditions imposed in the Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016 and in fact they are selling the same to the 4th respondent and it was 4th respondent who dispose the same to the authorised persons. In fact the lime sludge sold to the 4th respondent by the 3rd respondent had already reached various actual users and there is no lime sludge which is accumulated in the premises of the 4th respondent.
7. Certain directions have been issued by the 1st respondent to the 4th respondent on the basis of the inspection made. They have not committed any violations and they have also given the para-wise reply in a tabular forum which reads as follows:
[3] [4] [5] [6] [7]8. They prayed for dismissal of the application.
9. As per order dated 19.03.2020, when this Tribunal had admitted the matter, restricted the admission of the case only to the violations of the conditions in the authorisation granted as they are not expected to challenge the authorisation by filing an Original Application.
10.This Tribunal had directed the 1st respondent to inspect the units in question and submit a factual and action taken report, if there is any violation found including assessment of environmental compensation.
11.When the matter was taken up on 28.01.2021, this Tribunal had considered the report filed by the Tamil Nadu Pollution Control Board dated nil, received on 11.09.2020 which was extracted in para 5 of the order which reads as follows:
5. We have received a report submitted by the Tamil Nadu State Pollution Control Board which reads as follows:-
REPORT FILED ON BEHALF OF THE TAMIL NADU POLLUTION CONTROL BOARD.
1, I, R. Kannan, Son of V. Raghavan, Hindu, aged about 58 years, having my office at 76, Mount Salai, Guindy, Chennai600032, do hereby solemnly affirm and sincerely state as follows:- 1. I am the Additional Chief Environmental Engineer, Tamil Nadu Pollution Control Board (TNPCB), Chennai - 32, and filing this Report on behalf of the Respondents Tamil Nadu Pollution Control Board (TNPCB) and as such I am well acquainted with the facts of the case from the records.
2. 2. It is respectfully submitted that authorization was issued to M/s. Tamil Nadu Newsprint and Papers Limited, Kagithapuram ,Pugalur Taluk, Karur District under Hazardous and Other Wastes (Management and Trans boundary Movement) Rules, 2016 vide reference cited for the Generation, Handling and Disposal of 32.1- Spent chemicals (Lime Sludge).
In this regard, the following directions are issued, The unit shall ensure maximum Captive utilization of Lime sludge in M/s Tamil Nadu Newsprint and Papers Ltd -Mini Cement Plant.
3. In case, if the Lime sludge is sold to authorized vendors, it shall be ensured that the waste is handled complying the conditions stipulated in the Authorisation issued under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
It is respectfully submitted that the Hon'ble National Green Tribunal, Southern Bench, Chennai vide order dated 19.03.2020 has directed to the TNPC Board as follows:
"we direct the Tamil Nadu Pollution Control Board (TNPCB) to inspect the unit in question and submit a factual and action taken report if there is any violation found then take action, including assessment of environmental compensation and submit a factual and action taken report".
In pursuance to the above said orders of the Hon'ble NGT (SZ) order dt.19.03.2020, the respondent unit of M/s. Bahavathi Amman Steels SF No 771/ 1, 2, 3, 4,& 774 1,2, Punjai Thottakurichi Village, Pugalur Taluk , Karur District was inspected on 18/8/2020 along with M/s Tamil Nadu Newsprint [8] officials Mr Subramaniyan,(General Manager, R&D and QC), Mr Arulkumar, Assistant General Manager ( Mechanical). Thiru S.Ramesh, S/o R.Subramanian Proprietor of M/s Bahavathi Amman Steels was also present during inspection and the following were observed:-
I) i. M/s Tamil Nadu Newsprint and Papers Ltd generates Lime Sludge and Lime Grits from causticizing section in their process and the annual generation of the waste is.
32.1 Spent Chemicals ( Lime Grits) - 5000 T/Annum 32.1 Spent Chemicals (Lime Sludge) - 325000 T/Annum The lime sludge generated from M/s Tamil Nadu Newsprint and Papers Ltd is having good commercial value and it is used in Cement industries as Raw material and also in small units manufacturing wall putty, Country lime kiln and roof weathering course material in Building Construction. ii. M/s Tamil Nadu Newsprint and Papers Ltd management has established M/s Tamil Nadu Newsprint and Papers Ltd -Mini Cement Plant nearer to paper Mill unit in the year 2016 exclusively to use the lime sludge generated from M/s Tamil Nadu Newsprint and Papers Ltd as raw material and more than 95 percentage of the generated lime sludge is used for Captive utilization and TNPL cement is produced. M/s Tamil Nadu Newsprint and Papers Ltd disposes the balance quantity of lime sludge for further beneficial uses through Tamil Nadu Pollution Control Board consented units and the vendor unit is selected through open tender process by M/s Tamil Nadu Newsprint and Papers Ltd. iii. The unit of M/s Bahavathi Amman Steels has obtained Consent of Tamil Nadu Pollution Control Board vide Consent to Operation Proceeding No DEE/TNPCB/KRR-OS-143/W&A/2005 dated 15.2.2005 for the following product specification, (IV) Transport, Storage and Selling Lime Sludge Waste (From M/s TNPL) -200 MT/Day and consent was renewed with a validity period up to 31/3/2021.
iv. Earlier, the lime sludge of M/s Tamil Nadu Newsprint and Papers Ltd was considered as non hazardous waste and the waste was not included in the authorisation issued vide Proc.No T10/TNPCB/HWM /F.15252/2011 dated 20.7.2011 . So the unit of M/s Bahavathi Amman Steels has not obtained authorisation under Hazardous Wastes (Management, Handling & Transboundary Movement) Rules, 2008 .
V) Later M/s Tamilnadu Newsprint and Papers Ltd has obtained authorisation under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 vide Proceeding No T12/TNPCB/F.0064KAR/HWA/RL/KAR/2017 dated 16/02/2017 by including the following wastes 32.1 Spent Chemicals( Lime Grits) - 5000 T/Annum 32.1 Spent Chemicals ( Lime Sudge) - 325000 T/Annum . As the Lime sludge is categorized under Hazardous waste, the unit of M/s Bahavathi Amman Steels has applied and obtained authorisation under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 vide Proceeding No. F.0887KAR/HWA/OS/DEE/TNPCB/KAR/2019 dated 01/08/2019 for Collection, Storage, Transportation, Reception, Disposal for the following quantity 32.1-Spent chemicals (ie,Lime Sludge) -72000 T/Annum. vii. M/s Tamil Nadu Newsprint and Papers Limited vide letter dated 25/7/2020 has furnished the details of Lime Sludge generation, Captive utilization and disposal details for the past five years viii. On verification of the details furnished by M/s TNPL, it was found that the quantity of Lime sludge disposed to M/s Bahavathi Amman Steels during the period 2015-2019 is Nil and during 2019-20 about 3915.38 Tons of Lime Sludge is sold to M/s Bahavathi Amman Steels.
ix. As per the provisions of the Hazardous waste Rules the unit has to maintain Form-3, Form4 and Form-10 for transportation. The unit of M/s Bahavathi Amman Steels maintains Form- 3 and submitted Form- 4 up to March 2020. On verification of the Form-4 7 submitted by the unit, it was found that the 3915.29 Tons of Lime Sludge procured from the M/s TNPL was sold out to various actual user. Form 10 showing the Manifest of the same was verified.
[9]During inspection of the site of the unit M/s. Bahavathi Amman Steels, on 18.08.2020 the following was noticed.
i. The unit has earmarked a separate area for the storage of Lime Sludge. ii. The unit directly transports the waste to actual users from TNPL. However the unit is constructing a storage shed and the work is under progress. iii. There is no lime sludge accumulated in the premises. iv. However, old dumps of lime grit waste about 40 to 50 tonnes were found dumped in the unit premises. (Photographs enclosed) v. The officials from M/s Tamil Nadu Newsprint and Papers Ltd have ensured that the heaps were Lime grits and not lime sludge.
vi. It was informed by the unit authorities that the heaps were dumped long back before 2012 and this grits will be used for filling the floor construction of shed.
vii. However samples from the dumped heaps were collected and sent to Tamil Nadu Pollution Control Board Laboratory, Dindugul for analysis. In this connection , the unit of M/s Tamil Nadu Newsprint and Papers Limited, Kagithapuram ,Pugalur Taluk, Karur District is addressed vide DEE, TNPCB, Karur letter dated 24/8/2020 with following directions, i. The unit shall ensure maximum Captive utilization of Lime sludge in M/s Tamil Nadu Newsprint and Papers Ltd -Mini Cement Plant. ii. In case, if the Lime sludge is sold to authorized vendors, it shall be ensured that the waste is handled complying the conditions stipulated in the Authorisation issued under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. Further, the unit of M/s Bahavathi Amman Steels, SF No.771/1,2,3,4 & 774/1,2,Punjai Thottakurichi Village,Pugalur Taluk, Karur District is addressed vide DEE, TNPCB, Karur letter dated 24/8/2020 with following directions, i. The unit shall ensure that the procured Lime sludge shall be sold out completely to beneficial users without accumulation in the premises. ii. The unit shall maintain records pertaining to the handling of Lime sludge under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and shall maintain details in Form-3, Form-4 and Form-10 and submit the details regularly to Board.
iii. The unit shall complete the construction of the shed at the earliest. iv. The unit shall provide wind net arrestor covering all the four sides of the earmarked area.
v. The unit shall provide a display board at the entrance of the unit showing the status of Hazardous waste handling details as per Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. The copy of the Inspection Report is submitted herewith as ANNEXURE.
12.Thereafter, this Tribunal had passed the following order:
4. Though it was mentioned in their report that the 3rd respondent had obtained necessary Authorisation issued under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and they were selling the sludge which is a hazardous substance to the 4th respondent, who is also having necessary authorisation under the rules and they maintained all the necessary documents, it is only mentioned that the 4th respondent is selling them to various actual users and it is not mentioned as to whether there is any regulation for selling such article to various actual users and whether the person who is purchasing the same must also have some permission for handling the same in the report .
5. Further though it was mentioned in the report that about 40 to 50 tonnes of old dump of Lime Grits waste are lying in the 3rd respondent premises and it was informed by the 3rd respondent that was stacked prior to 2012 and they will be used for filling the floor construction of the shed, but they have not mentioned how long they will require for that purpose. It is also mentioned in the report that samples of the dump heaps were collected and sent for laboratory for analysis, but they have not mentioned anything about the result of the analysis. They have not mentioned as to whether keeping it for a longer period [10] in a particular place will have any impact on environment like soil degradation or ground water contamination. No such exercise was conducted by the Tamil Nadu State Pollution Control Board while filing the report.
6. When this was pointed out, the learned counsel appearing for the Tamil Nadu State Pollution Control Board submitted that they will come with the further report explaining the above aspects as well and they wanted some time for that purpose.
7. The Tamil Nadu State Pollution Control Board is directed to file a further report incorporating the above aspects and if the dumping of lime grit waste will have any impact on environment, then they are directed to suggest the necessary remedial measures to rectify the same, apart from imposing environmental compensation against the 3rd respondent for such violation.
8. The 3rd respondent is also directed to file their response to the allegations made in the application and also the manner in which they are disposing the waste that is being generated in the process of their unit.
9. The Tamil Nadu State Pollution Control Board is directed to submit the report to this Tribunal on or before 24.02.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
10. The Registry is directed to communicate this order to the Tamil Nadu State Pollution Control Board as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction.
13.The case was posted to 24.02.2021 for appearance of 4th respondent, for completion of pleadings and objections if any to the report already filed by the respondents 3 and 4 by the applicant and also for consideration of further report. There was some mistake pointed out in the order passed on 28.01.2021 which was later corrected as per order dated 24.02.2021.
14.The matter was taken up again on 24.03.2021 on which date, this Tribunal considered the further report submitted by the Tamil Nadu Pollution Control Board dated 01.03.2021, e-filed on the same date and received on 02.03.2021 which was extracted in para 2 of the order and then passed the following order:
3. The learned counsel appearing for the applicant submitted that though the Pollution Control Board has submitted in the report that 95% of the waste has already been utilised for the construction of temporary shed, it was not correct and huge waste is still lying in that compound. He wanted to file certain photographs taken recently showing the present condition of the fourth respondent compound with waste materials.
4. Considering the circumstances, one week time is granted to the applicant to file their objection to the status report submitted by the Pollution Control Board with a copy along with photographs to the Pollution Control Board so that Pollution Control Board can make further inspection of the fourth respondent unit and submit their further report regarding the allegations made by the applicant in this regard. Further, the Pollution Control Board is directed to quantify the waste that is lying in the compound of the fourth respondent and what is the time required for the fourth respondent to remove the same so as to make the area environmental friendly and submit the report to this Tribunal on or before 26.4.2021 by efiling in the form of Searchable PDF/OCR Supportable [11] PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
5. The Registry is directed to communicate this order to the official respondents and Pollution Control Board by e-mail immediately so as to enable them to comply with the direction.
15. The case was posted to 26.04.2021 for consideration of further reports and objections, if any, to the reports submitted by the applicant and other respondents. Thereafter, the matter has been adjourned from time to time by notification.
16.Thereafter, the 2nd respondent had filed a further report dated 23.07.2021, e-
filed on 24.07.2021 and received on the same dated which reads as follows:
[12] [13] [14]17.3rd respondent has filed a common response and compliance report to the report filed by the Tamil Nadu Pollution Control Board dated 24.06.2021, e-filed on 09.07.2021 and received on 26.07.2021 which reads as follows:
[15] [16] [17]18.As directed by the Tribunal order dated 08.09.2021, Pollution Control Board has filed a further report signed on 29.09.2021, e-filed on 08.10.2021 and received on 28.10.2021 which reads as follows:
[18] [19]19.Though, the case was posted on previous occasions, there was no representation on behalf of the applicant on several occasions though they were appearing earlier through Counsel.
20.The report of the Pollution Control Board shows that the waste that has been deposited have been removed and certain directions have been issued by them to respondents 3and 4to be carried out by them in future.
21.So under such circumstances, we feel that there is nothing that survives in [20] the matter and the application can be disposed of by giving directions to respondents 3 and 4 and also to Tamil Nadu Pollution Control Board to be followed in future. So, the application is disposed of as follows:
(1) Respondents 3 and 4 are directed to strictly adhere to the provisions of the Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016 in dealing with the by-products that are being generated in the process of manufacture of papers by the 3rd respondent and if 4th respondent is permitted to handle the same as per the authorisation, if any, granted, then they are also directed to dispose of the same in a scientific manner as directed by the Pollution Control Board in the permission granted.
(2) Respondent 3 and 4 are directed to comply with the direction issued by the Pollution Control Board in its letter and spirit.
(3) Pollution Control Board is also directed to conduct periodical inspection or make inspection whenever complaints are received and if there is any violation found, they are directed to take appropriate action in accordance with law.
(4) The Registry is directed to communicate this order to the Pollution Control Board for their information and compliance of the direction.
(5) The parties are directed to bear the respective costs in the application.
22. With the above, directions and observations, the application is disposed of.
All pending interlocutory application(s), if any, also stands disposed of, in view of the disposal of the Application.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No. 60/2020(SZ) 1st November, 2021. (AM) [21]