National Green Tribunal
Adil Ansari vs M/S. C.L. Gupta Export Ltd on 4 February, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 220/2019
(With report dated 29.01.2021)
Adil Ansari Applicant
Versus
M/s. C. L. Gupta Exports Pvt. Ltd. & Ors. Respondent(s)
Date of hearing: 04.02.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent: Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB
Ms. Soni Singh, Advocate for CPCB
Mr. Adarsh Ramanujan, Advocate for M/s C.L. Gupta Exports Pvt. Ltd.
ORDER
1. Remedial action against the illegal discharge of hazardous waste into the River Ramganga and illegal drawal of ground water by M/s C.L. Gupta Export Ltd., Amroha, U.P., is the issue for consideration.
2. Vide order dated 08.03.2019, a joint action taken report was sought from the CPCB and the State PCB. Later, CGWA and District Magistrate were added to the Committee. The matter was then considered on 04.12.2019 in the light of earlier proceedings and report dated 03.12.2019 filed by the joint Committee. The Tribunal noted that the industry was non-compliant in terms of treatment of the trade effluents, managing the hazardous waste and extracting ground water illegally in 'over-exploited' area. The Tribunal sought a further compliance report. It was observed:
1"7. Thus, joint report concludes that the industry is non-
complying and the treated effluents from ETP and STPs are not complying with the prescribed norms. It has been observed that even highly acidic effluents are disposed, constantly posing threat of ground water contamination and also to the vegetation. The Effluent Treatment Plants for wood, glass and metal division requires upgradation and will have to work on complete ZLD System and no effluent be allowed to dispose on land. It is also clear that the Hazardous Waste is not properly managed and the unit is not having valid agreement with transport storage and disposal facility. The unit is not having permission from Ground Water Board and thus illegally withdrawing the ground water. Compensation of rupees 2,49,71,157 has been assessed which is on account of non-compliance of ETP and STP norms, improper Hazardous Waste Management and Illegal drawal of ground water.
8. Learned Counsel for the unit states that Central Ground Water Authority (CGWA) had given a letter that the unit was compliant. We fail to understand how such a letter can be given and be of any help when the area is in 'over- exploited' category where ground water cannot be allowed to be extracted for commercial purposes as is being done and no such permission can be given in view of order of this Tribunal dated 10.10.2019 in Original Application No. 176/2015, Shailesh Singh v. Hotel Holiday Regency, Moradabad & Ors., as follows:
"6. Since the OCS areas have been found to be seriously affected by overdrawal of ground water, regulation of such drawal for commercial purposes cannot be dispensed with for any industry even in industrial area. Availability of water for drinking is a first priority. The 'Precautionary' principle, 'Sustainable Development' principle and the Intergenerational equity are part of life and in absence of replenishment of ground water, unregulated drawl thereof cannot be held to be right of any commercial entity. Shortage of availability of water for commercial purposes cannot be remedied by drawal of groundwater in over exploited, critically exploited and semi-critical exploited (OCS) areas. Water is certainly a scarce resource and the industry has to put up with such scarcity. It is for the industry and the concerned authorities to find out alternative ways and means for sustenance of the industries instead of permitting indiscriminate drawal of groundwater in such areas till situation improves. Alternative means may be shifting to areas where water is not scarce or to processes where water is not required. As already noted, groundwater is depleting in such areas and measures are required to check such depletion. If industries continue to draw ground water without NOC from CGWA as per current guidelines and orders of this Tribunal in OCS areas, the 2 industries will have to face legal consequence of such illegal action."
9. In view of the above, let further follow up action be taken by the statutory regulators-CPCB, State PCB, CGWA and District Magistrate in accordance with the due process of law. Compliance report may be filed on or before 31.01.2020 by e-mail at [email protected].
10. A copy of this order be sent to CPCB, SPCB, CGWA and District Magistrate, Amroha for compliance."
3. The matter was thereafter considered on 06.08.2020 in the light of the reports of CPCB dated 10.07.2020 and 05.08.2020 on behalf of the joint Committee as follows:-
"4. In the meeting, point wise compliance status of the unit with respect to the recommendations made in the joint inspection report accepted by Hon'ble NGT vide its order dated 4th December, 2019 (Annexure III) were discussed and following observations are made:
a) Central Ground Water Authority (CGW A) has issued No Objection Certificate (NOC) vide letter dated nil (23.04.2020: as informed by CGW A) to the unit for ground water extraction of 155 KLD for domestic and drinking purpose only, effective from 21.12.2018 (Annexure-IV). Representative of CGW A informed that NOC was granted on the basis of the affidavit submitted by the unit to use ground water for domestic purpose only and not for industrial purpose. UPPCB confirmed that four bore wells are sealed with concrete structure. However, two of the operational bore wells are located one in industrial premises and other one in residential colony and it could not be ensured that use of ground water is exclusively for domestic purpose.
b) It was informed by UPPCB that the unit is arranging water through tanker for industrial purpose however, source of the same could not be investigated. UPPCB/CGW A was requested to confirm the· source of water used for industrial purpose and operational status of the industry during lockdown period, so that EC can be revised accordingly. The committee was also of the view that the lockdown period from 21.03.2020 to 28.05.2020 may not be considered while calculating EC in case the unit provides documentary evidence of non-operational status during lockdown period to the satisfaction of UPPCB 3
c) Considering the NOC received by the unit, Environmental Compensation for illegal withdrawal of ground water has been revised and recalculated by the Joint Committee. Details are given at Para.6.
d) The unit has only submitted the effluent analysis result (Annexure-V) of Effluent Treatment Plant (ETP) outlet carried out by NABL accredited laboratory which indicate that effluent quality parameters are within the limit of the stipulated standards, but as per the observations in the joint inspection report, the unit was not having adequate two stage biological treatment system viz, primary clarifier/secondary biological treatment units at ETPs & Sewage Treatment Plants (STPs) located at Wooden art ware section, Metal art ware and Glass art ware mfg. section and STP located at residential colony, which are required to provide requisite treatment to the effluent. In absence of the same, it is not possible to achieve prescribed effluent discharge norms, hence possibility of dilution of ETPs with the fresh water could not be ruled out. Also, the report received from the unit is of July, 2019, which mentions that the sample is taken from ETP and has not specified the division of the unit.
e) On this matter, UPPCB Official confirmed that the unit has installed requisite primary clarifier/ secondary biological treatment units and UPPCJ3 has verified the same through inspection, which was carried out after joint inspection. UPPCB was requested to submit the point wise compliance status of the unit as per inspection carried out by UPPCB based on which the Show cause notice of the unit was withdrawn vide letters dated 8.06.2020 (Annexure-VI) and 9.06.2020 (Annexure-VII) along with levying EC.
f) Representative of UPPCB confirmed that as recommended by the Joint Committee, the unit has dismantled the open drain, which was observed during inspection near the SIP located in the residential colony. The unit also annexed a photograph for the same in its letter-dated 21.07.2020.
g) Minor typographical and calculation errors made in the EC calculations were observed by the Joint Committee while making the fresh calculations based on the decisions taken in the meeting. Hence, with agreement of all the joint committee members it was decided to revise the calculated EC amount and the same may be submitted to Hon'ble NGT as Status report before the next date of hearing i.e., 06th August, 2020.
h) The unit vide its letters dated 21.07.2020 has submitted Form-10 for hazardous waste disposal which 4 were not provided at the time of inspection and the same to be in order. Hench, the committee decided to reconsider the EC levied for disposal/handing over hazardous waste to unauthorized place/party subject to verification of Form-10 by UPPCB and accordingly EC amount shall be revised.
Based on the detailed deliberations held, the committee recommended the following;
The UPPCB shall submit detailed point wise compliance report to CPCB against the recommendations made by the joint committee by 01.08.2020, so that the final status report may be prepared along with the revised EC and submitted to Hon'ble NGT before the next date of hearing i.e. 06.08.2020.
4. In compliance to the decision made by the Joint Committee in the meeting dated 30.07.2020, UPPCB submitted the point wise Compliance status (Annexure VIII) of the unit vide email dated 1st August, 2020. On perusal of the report it is observed that the unit has complied with the recommendations of the Joint Inspection report dated 16. l0.2019 of the Joint Committee except the following:
I. Water Consumption of the unit & Analysis result of ground water samples • The unit shall obtain NOC from CGW A for withdrawal of groundwater, as the CGWA NOC for industrial requirements have already been expired on 20.12.2018.
• All treated effluent recycling points should be metered and logbook shall be maintained against each flow meter.
II. For Wooden Art ware mfg. Section:
The unit shall install flow meter at recycled water pipeline.
The unit shall keep and maintain ETP log book record for daily dosing of chemicals in physico chemical treatment, flow meter reading at inlet and recycling point, daily sludge generation from the ETP and ETP sludge disposal.
III. For Glass Art ware mfg. Section and for STP at Glass Section: The unit shall keep and maintain ETP and STP log book record for daily dosing of chemicals in physico-chemical treatment, flow meter reading at inlet and recycling point, daily sludge generation from the ETP/STP and ETP/STP sludge disposal.5
IV. For Metal Art ware mfg. Section and for STP at Metal Section The unit shall keep and maintain ETP and STP log book record for daily dosing of chemicals in physico-chemical treatment, flow meter reading at inlet and recycling point, daily sludge generation from the ETP/STP and ETP/STP sludge disposal. The unit shall install flowmeter at recycled water pipeline.
V. For STP at Residential Colony.
The unit shall keep and maintain STP log book record for daily dosing of chemicals in physicochemical treatment, flow meter reading at inlet and recycling point, daily sludge generation from the STP and STP sludge disposal.
VI. For Hazardous Waste management Install automatic water sprinkling arrangements, fire alarming systems, flame arresters, smoke /heat detectors, fire extinguishers and other necessary provisions as stipulated under the Guidelines for storage of incinerable hazardous wastes.
7. The Joint committee agreed that the unit needs to comply with remaining recommendations mentioned at Para. 5.
8. Committee examined the request made by the unit along with the documents provided by the unit and the compliance status provided by UPPCB concluding that the unit needs to deposit environmental compensation of an amount of Rs. 74,45,160/-
for illegal extraction of ground water, EC of an amount of Rs. l ,08,60,000/- for violation of effluent discharge/ inadequate ETPs/ZLD norms as per CTO and EC of an amount of Rs. 7,12,567/- for not managing Haz. Waste as per management as per the HOWM Rules, 2016 making a total EC of Rs. 1,90,17,727/-."
5. The Tribunal directed as follows:-
"1to6..xxx..................................xxx....................................xxx
7. In view of the above, not only there are serious continuing violations of environmental norms without corresponding stringent action, the unit appears to have played fraud in obtaining NOC for ground water extraction for industrial purpose by falsely representing that purpose of extraction was residential. Action needs to be taken in this regard as per law of the land. Apart from this aspect, compliance with environmental norms needs to be ensured by the industrial unit which needs to be monitored and cross checked and a further report furnished by the joint Committee through the CPCB. Status of compliance as on 30.11.2020 be filed by 15.12.2020 by e-mail at [email protected] preferably in 6 the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
6. The respondent-unit preferred Civil Appeal before the Hon'ble Supreme Court being Civil Appeal Diary No(s). 23355/2020, M/s. C.L. Gupta Exports Pvt. Ltd. v. Uttar Pradesh Pollution Control Board & Ors.
wherein following order was passed on 16.11.2020:
"Mr. Shyam Divan, learned senior counsel appearing on behalf of the appellant submits that I.A. No. 273/2020 was filed by the appellant before the National Green Tribunal for clarification of the order dated 06.08.2020 on the ground that the counsel appearing for the appellant herein was not given an opportunity of hearing before the Tribunal.
Learned senior counsel seeks permission to withdraw this appeal with liberty to pursue the application pending before the Tribunal and seek expeditious disposal of the application as there is a likelihood of coercive action being taken against the appellant herein.
We permit the appellant to withdraw this appeal with liberty to approach the National Green Tribunal to pursue the interlocutory application filed for clarification. The appeal is dismissed as withdrawn with the said liberty.
The National Green Tribunal is directed to dispose of the said application at the earliest. In case, the application is decided against the appellant, the appellant is at liberty to approach this Court by challenging the said decision and the orders date 04.09.2019 and 06.08.2020."
7. The respondent unit thereafter filed I.A. No. 273/2020 for clarification of order dated 06.08.2020 which was considered by this Tribunal vide order dated 03.12.2020 as follows:-
"1to4..xxx.................................xxx...................................xxx
5. We have heard Learned Counsel for the parties.
6. The application states that upto 2018, there was permission for drawal of ground water for industrial as well as drinking purpose and that thereafter it has not been drawing ground water for industrial purpose. The water requirement was being met from the water recycling plant. This position would have been explained during the hearing on 6.08.2020 but the virtual link for the hearing did not reach the Counsel in time. The link was received by 1 p.m. It 7 is now submitted that no groundwater was extracted for industrial purpose and therefore the observations in the joint Committee report and the order of this Tribunal that after taking groundwater extraction permission for domestic purposes, extraction for industrial purpose was done is erroneous.
7. We have duly considered the above submission. As already noted, the Tribunal had earlier considered the matter on 04.12.2019, after hearing the Counsel for Respondent No. 1, in light of the joint Committee report dated 03.12.2019. In the said report, it was clearly mentioned that apart from other violations, there was illegal extraction of ground water for industrial purpose for which compensation was liable to be paid. Explanation by the unit was that such extraction was justified because a letter had been given to the CGWA for the purpose. Further report dated 20.02.2020 is follow up of earlier action. The Tribunal accordingly accepted the same. Thus, the stand now sought to be taken that the ground water had not been extracted for industrial purpose is in conflict with the earlier stand of the unit itself that extraction was valid because a letter had been filed for permission and is an afterthought and cannot be accepted. There is thus no scope for clarification sought nor any error in the observations of the Committee or in the order of this Tribunal. The application is accordingly dismissed.
8. Vide order dated 06.08.2020, this Tribunal directed compliance of environmental norms to be monitored and cross- checked by the joint Committee and filing of further status of compliance as on 30.11.2020 by 15.12.2020. Let the joint Committee furnish its report accordingly with a further report of water audit of the entire complex (all the units and the residential areas). The joint Committee may also ascertain the status of the quantum of water recycling/refining and the use of energy for the purpose. The water audit component in the report may specially deal with the availability and extent of rational use for residential purpose and separately for industrial purpose."
8. Accordingly, the joint Committee has furnished its report through the CPCB on 29.01.2021 concluding as follows:-
"Conclusions For CTO, ground water and all manufacturing sections
1. As per the previous CTO under the Water (Prevention & Control of Pollution) Act, 1974 (Consent no. 939591) and the Air (Prevention & Control of Pollution) Act, 1981 (Consent No. 927007) issued by UPPCB. which has been expired on 31.12.2019, the unit has permission for production of ISO Ton/Month of wooden art wares, 250 Ton/Month of glass art wares and 200 Ton/Month of metal Art wares. The unit is yet to obtain valid common CTO for all 06 manufacturing sections i.e., Metal Art ware, Glass Art ware, Wood Art ware, Thermocol blocks, Marble Art ware 8 & Corrugated Paper & Carton under the Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974 from UP Pollution Control Board.
2. As per the logbook record of borewells from Dec-2019 to Nov- 2020, the unit has extracted 49,164 KL of ground water from 02 borewells (refer Table-3) against the permitted abstraction of 46.500 KL, which is violation of condition of NOC issued by CGWA.
3. Analysis result of sample collected from hand pump (near natural pond) showed Fe-1.79 mg/I against 0.3 mg/I and Mn-0.4 mg/I against 0.3 mg/1 of the permissible limit of BIS IS 10500:2012 (permissible limit in absence of alternative source).
4. The unit has not provided flow meters at the consumption points of treated waste water from common STP & treated effluent common-ETP as well as effluent being pumped to Pre-ETP/common-ETP at any individual manufacturing sections.
- Hence, the quantity of treated waste water from common- ETP and common-STP being utilized in individual sections and quantity of effluent generated from the individual sections could not be assessed clue to unavailability of flow meters.
5. Separate recycling plant located at glass division was found non-operational and waste water stored in the tanks was found stagnant.
6. The quality of water samples collected from overhead storage tank at glass division and glass cutting section tap water does not match with the characteristics of effluent from common-ETP (refer table 10, 11 & 18 for analysis result of collected samples from glass division and common- ETP) indicating possibility of use of fresh water from borewell for industrial purposes.
7. Characteristics of sample collected from the tank for storage of common-ETP treated effluent located at marble section match with the characteristics of sample collected from borewell no.3, indicates that the unit is using fresh water in the manufacturing process also, violating the conditions stipulated in the valid NOC, issued by CGWA.
8. The sludge drying bed of the previous ETP at wooden art ware manufacturing division was found filled with sludge.
For Pre-ETPs. Common-ETP and Common-STP
1. As per NEERI report (10th December 2020) on Feasibility study for use of ETP/STP Treated water as process water at M/s C.L. Gupta Exports Pvt. Ltd., Amroha, U.P. Over all analysis of samples indicates that the treated water from RO outlet of common-ETP and outlet of Ultra-filtration (UF) 9 of common-STP can be used for different processes in the industry. Further, strict monitoring of treated waste water is required on regular basis to ensure continued desired quality of treated waste water.
2. The unit has not installed flow meter at inlet and outlet of both Pre-ETPs i.e., for treatment of effluent generating from electrophoretic. lacquering & paint booth processes and for treatment of floor washing effluent.
3. At common-ETP, the unit has not provided flow meter at outlet of secondary biological treatment system, permeate of RO, MEE condensate and ATFD condensate hence, quantity of final treated effluent could not be assessed due to unavailability of flow meters.
4. As per the characteristics of sample collected from treated water tank (which receives treated effluent from RO- permeates, MEE condensate and ATFD condensate), it is contaminated with cyanide which ranges from 0.3 mg/I (RO-1
-Permeate) to 5.0 mg/I (MEE condensate).
5. Concentration of cyanide in RO-1-Permeate and MEE condensate of common-ETP, indicates usage of cyanide salt in process whereas the unit representative denied for usage of same during joint inspection.
6. As RO-3 reject is being fed to MEE, significant reduction in concentration of cyanide and nickel is observed in RO-3-reject from 8.8 mg/I to 4.4 mg/I and 66.13 mg/1 to 43.07 mg/1 in MEE feed respectively which could not be explained.
7. Almost negligible COD and BOD reduction is observed in common-ETP up to advanced tertiary system i.e., of ultrafiltration/before RO.
8. Increase in CN concentration from 6.3 ing/1 (in raw effluent) to 7.5 mg/I (in outlet of ultrafiltration system/before RO), indicates very less efficiency of primary and secondary treatment system.
9. As per the logbook data provided for effluent being treated in common ETP and treated effluent being recycled in wood, glass and metal divisions shows that the quantity of treated effluent recycled is more than the quantity of effluent fed/treated in ETP, which is contradictory and seems that about 11.09 KLD of fresh water being added in treated effluent storage tanks and the unit is in violation of conditions imposed in NOC issued by CGWA.
10. The quality of treated sewage is non-complying w.r.t. on land discharge norms w.r.t. pH-5.9 against 6.5 to 8.5. The pH needs to be brought within permissible limit of 6.5 to 8.5; for use in horticulture.
14.3 For Water Audit
1. The unit is withdrawing about 8.08 KL to 30.06 KL per day of fresh water more than the fresh water requirement and the point of 10 utilization of this excess quantity could not be identified due to unavailability of flow meters at individual utilization points.
However, the excess quantity of effluent/sewage being recycled in process section than the quantity of effluent/sewage being treated indicates that dilution of fresh water is being made in treated water tank, which is recycled for industrial purposes.
2. Exact quantity of treated effluent from common-ETP and waste water from common-STP being utilized in process as well as toilet flushing could not he identified due to unavailability of flow meters at individual utilization points.
Recommendations:
1. The unit shall obtain common consent to operate for all 06 manufacturing sections i.e., Metal Art ware, Glass Art ware, Wood Art ware, Thermocol blocks, Marble Art ware & Corrugated Paper & Carton under the Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974 from UP Pollution Control Board.
2. Unit shall ensure, no fresh water is used for industrial process and comply with the conditions laid down in NOC of CGWA.
3. The unit shall engage an expert institute to carry out detailed water audit of the unit for detailed study of total actual water consumption & recycling of treated wastewater.
4. For carrying out factual water audit, unit shall ensure metering at all and individual treated waste water consumption points at each manufacturing section to ascertain actual water consumption in each process as well as for domestic purpose and maintain logbook for the same.
5. The unit shall install flow meters at inlet and outlet of both Pre-ETPs i.e., for treatment of effluent generating from electrophoretic, lacquering and paint booth processes and for treatment of floor washing effluent.
6. For common-ETP, the unit shall install flow meters at outlet of secondary biological treatment system, permeate of RO, MEE condensate and ATFD condensate.
7. The unit shall dispose off the sludge from sludge drying bed of the previous ETP at wooden art ware manufacturing division, to TSDF site.
8. Presence of cyanide upto 5.0 mg/1 in treated effluent from common-ETP is observed; hence, human contact shall be strictly avoided during the recycle/re-use of common ETP treated effluent.
9. The unit shall check pH of treated sewage and maintain it in the range of 6.5-8.5 before pumping for horticulture use and FC concentration should he brought down below 1000 MPN/100 mL."
9. As against the above, the respondent unit has filed its response on
03.02.2021 giving comments in tabular form as follows:-
11 " S. Recommendations Comments
No.
1) The unit shall obtain common consent Renewal applications
to operate for all 06 manufacturing have already been
sections i.e. Metal art ware, Glass art filed and is currently
ware, wood art ware, thermocol pending with the
blocks, marble art ware and UPPCB. The UPPCB
corrugate paper & carton under the has indicated in its
Air (Prevention and Control of letter dated
Pollution) Act, 1981 and the Water 09.12.2020 that the
(Prevention and Control of Pollution) same will be
Act, 1974 from UP Pollution Control processed in
Board. accordance with law,
after the inspection.
Said letter is annexed
herewith as Annexure
A-1.
2) Unit shall ensure no fresh water is The unit is complying
used for industrial process and with the same and will
comply with the conditions laid down continue to comply
in NOC of CGWA. with the same.
3) The unit shall engage an expert Unit has already
institute to carry out detailed water engaged National
audit of the unit for detailed study of Environmental total actual water consumption & Engineering Research recycling of treated wastewater Institute (NEERI) to conduct a complete water audit.
4) For carrying out factual water audit Unit has already unit shall ensure metering at all and undertaken this individual treated waste water exercise and consumption points at each installation is ongoing. manufacturing section to ascertain actual water consumption in each process as well as for domestic purpose and maintain logbook for the same
5) The unit shall install flow meters at Unit has already inlet and outlet of both Pre-ETPs i.e., installed the flow for treatment of effluent generating meters at inlet and from electrophoretic, lacquering and outlet of both Pre-
paint booth processes and for ETPs for treatment of
treatment of floor washing effluent. effluent generating
from electrophoretic
lacquering and paint
booth processes and
for treatment of floor
washing effluent.
6) For common-ETP, the unit shall Unit has already
install flow meters at outlet of installed the flow
secondary biological treatment meter at outlet of
system, permeate of RO, MEE secondary biological
condensate and ATFD condensate. treatment system,
Permeate of RO, MEE
condensate and ATFD
12
condensate. Copy of
the photograph
confirming the same is
annexed herewith as
Annexure-A2(COLLY).
7) The unit shall dispose off the sludge This has been
from sludge drying bed of the undertaken. Copy of
previous ETP at wooden art ware the photograph
manufacturing division, to TSDF site. confirming the same is annexed herewith as Annexure-A3. The sludge being mentioned here was kept for drying naturally on the date of the joint team inspection. The sludge drying bed has been cleaned and sludge has been sent to sludge storage room, thereafter.
8) Presence of cyanide upto 5.0 mg/l in It is completely closed
treated effluent from common - ETP loop system and no
is observed; hence, human contact human contact is
shall recycle/ re-use of common ETP allowed directly on the
treated effluent. treated water. even
the person working in
the plating division are
provided with PPE
such as gloves &
goggles.
9) The unit shall check pH of treated This is already being
sewage and maintain it in the range undertaken and the
of 6.5-8.5 before pumping for unit will continue
horticulture use and FC concentration monitoring the same. should be brought down below 1000 The unit has installed MPN/100. auto pH correction system to maintain pH in range 6.5 to 7.5 at outlet of STP. The unit "
has also installed
chlorination system for
controlling FC
concentration below
1000 MPN/100ml.
Copy of the
photograph confirming
the same is annexed
herewith as Annexure
A-4
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6. That there are a few factual discrepancies in the Joint Inspection Report dated 10.12.2020, which are also addressed in Annexure-A5. In particular, it is stated that:
a. The Joint Inspection Report at internal pages 120, 43 has considered 10 1/person/day as the norm for employees/workers, whereas as per the published CGWA norms it is 30 1/person/day. Since 10 1/person/day for bathrooms/flushing purposes has been separately accounted for (from STP), one must consider 20 1/person/day in this case (i.e., 30-10). If this discrepancy is corrected, the total requirement as per CGWA norms would be 158.75 KLD. Whereas the unit is admittedly withdrawing only 114.08 KLD of groundwater (Report at internal page 49) and thus, there is no excess water being withdrawn. The unit is withdrawing significantly lesser water than the norm for domestic/drinking use; and b. The joint inspection report at internal pages 15, 18, 20 and 37 confirms that treated water from common - STP and common-STP is being used for industrial processes. However, the report notes a at internal pages 120,32-33 that there is a mismatch in the quantum of treated water being pumped back for industrial use versus the quantum of input effluent. It is submitted that unfortunately, the Report has missed out another element of recycling unit, distinct from the common-ETP and common-STP, which separately provides an average of 28.5 KLD recycled water for use in industrial process. This -additional element of recycled water is depicted and highlighted in Annexure-A6 and Annexure-A7, respectively. This line is labelled as "metal process" and corresponds to the water continuously circulated to adjust for evaporation losses. This is in addition to the output of the common-ETP and common-STP. Once this additional element of recycled water is accounted for, there is no mismatch in the quantum of treated water being pumped back for use versus the quantum of input effluent.
7. That as far the penalty is concerned, the Joint Inspection Report acknowledges in internal page 61 that part payment of Rs. 44,76,167/- has already been made. The Compliance Report at internal page 1 has further acknowledged that the unit has requested a reduction in/waiver of the remaining penalty amount via various letters/representations, including a letter dated 05.11.2020, and that the same is currently pending with the UPPCB for finalisation. Appropriate action would be taken by the unit after hearing from the UPPCB."
10. We have heard the learned counsel for the State PCB, CPCB and respondent no. 1 Unit and considered the rival submissions.
1411. From the joint Committee report comprising CPCB, State PCB, CGWA and the District Magistrate, it is clear that the respondent unit continues to be non-compliant in terms of environmental norms. It has yet to obtain a valid consent to operate for six manufacturing sections under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. It has extracted ground water illegally beyond the permitted limit. The water samples were found to be non-compliant. Flow meters have not been installed at the consumption points of the treated waste water, making it difficult to assess the compliance in that regard. The treated water was found to be contaminated with cyanide beyond permissible limit. Primary and secondary treatment systems were not adequate. Water audit could not be conducted on account of non availability of separate meters.
12. The response of the unit in denying that samples had cyanide beyond permissible limit or that deficiencies found by the joint Committee did not exist is self serving denial and no ground to reject the joint Committee report. Water audit is to be independently conducted by the statutory regulator and not by the unit. To that extent observation of the Committee is modified. The remedial action has to be taken by the unit in the light of the deficiencies found, including steps to ensure that the water does not contain cyanide. Claim for certain compliances after the report, like installation of flow meters or treatment of sewage needs to be checked up by the joint Committee. Till the satisfactory compliance takes place, including recovery of the assessed compensation, the unit cannot be allowed to function.
13. Let the joint Committee, alongwith a representative from IIT Roorkee, further verify the compliance status including the fact that no 15 waste water injection in the ground water is taking place so that the ground water is not contaminated by injection of any waste water, in view of the fact that cyanide and other heavy metal have been found in the samples. Water audit may be got conducted by the CPCB.
Assessment of compensation may be looked into jointly by CPCB and the State PCB. The joint Committee may furnish further status report as on 20.4.2021, on or before 15.05.2021 by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. A copy of such report may also be provided to the industrial unit in question for its response, if any, before the next date.
A copy of this order be forwarded to the State PCB, CPCB, IIT Roorkee, the District Magistrate, Amroha, UP and CGWA by e-mail for compliance.
List for further consideration on 21.05.2021.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. Nagin Nanda, EM February 04, 2021 Original Application No. 220/2019 A 16