National Green Tribunal
Adil Ansari vs M/S. Dhampur Sugar Mills Ltd. Asmoli on 9 November, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 09 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 539/2019
(I.A. No. 376/2020)
(With report dated 05.10.2020)
Adil Ansari Applicant
Versus
M/s Dhampur Sugar Mills Ltd. & Ors. Respondent(s)
Date of hearing: 09.11.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Ms. Preeti Singh, Advocate
Respondent(s): Mr. Rajkumar, Advocate for CPCB
Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB
Mr. Sandeep Singh, Advocate for State of UP
Mr. A.A. Aron, Advocate for M/s Dhampur Sugar Mills Ltd.
ORDER
1. The issue for consideration is the remedial action for violation of environmental norms by M/s Dhampur Sugar Mills Ltd. (Sugar Division), District Sambhal, sugar mill units in District Bijnor and District Bareilly and Distillery in District Bareilly.
2. The matter has been earlier considered by several orders including orders dated 14.08.2019, 04.02.2020 and 03.07.2020. It will be suffice to reproduce the relevant part from the said orders. Order dated 14.08.2019 is as follows:-
"1. Grievance in this application is that M/s Dhampur Sugar Mills Ltd. (Sugar Division), District Sambhal and sugar mill units in District Bijnor and District Bareilly and Distillery in District Bareilly were operating in violation of environmental norms. The unit at Dhampur was directed to be closed earlier vide 1 order dated 23.04.2015 passed by this Tribunal and was allowed to reopen by subsequent order subject to certain conditions, including payment of Rs. 1 Crore towards environmental compensation and furnishing a bank guarantee of Rs. 10 lakhs. However, the pollution still continues to operate without compliance of conditions. Other units in Bijnor and Bareilly Districts are also operating illegally and so is the Distillery unit in Bareilly District.
2. On 27.06.2019, Notice was issued by this Tribunal with reference to the allegations in the application. Reply has been filed by the UP State PCB which is practically of no value. Reply has been filed by the CPCB is that the closure directions have been issued in respect of Dhampur unit of Sugar Mill. Besides, show cause notices have been issued to other two Sugar Mills at Bareily and Sambhal. Distillery unit at Bareilly is non-functional on account of off season.
3. Let the CPCB and State PCB furnish a further joint factual and action taken report with regard to all the four Units (three sugar mills and one distillery unit) by 30.11.2019 by e-mail at [email protected]."
3. Order dated 04.02.2020 is as follows:-
"4.0 M/s Dhampur Sugar Mills Ltd (Sugar Unit), Dhampur, Bijnor -
4.8 Observations i. The Unit and ETP were found operational during the inspection.
ii. The Unit have valid consent to operate issued by UPPCB, under of Water Act and Air Act till 31.12.2019. iii. The primary clarifier was found non-operational during inspection. However, as per analysis report of sample collected from ETP outlet, TSS was below detectable limit, therefore the possibility of dilution cannot be ruled out. iv. The Unit has not installed flow meters at Mill Fibrizer, Mescuite cooling and RO reject as it was recommended in validation report of ETP for session 2018-19 by National Sugar Institute (NSI), Kanpur.
v. The Unit has not installed the Hazardous tank in the boiling house.
vi. The treated effluent is stored in lagoon of 4000 KL capacity for utilization for irrigation purposes.
vii. The Unit has provided Kachcha lagoon (for storage of treated effluent) having lining of PVC sheets, which is not proper and it may result in leaching under wear & tear condition. viii. The Unit has installed two dryers (for baggase), using the flue gases from stack of the boiler. The utilization of boiler ash at bio-compost site was observed and transport receipts were verified and found matching.
2ix. The Unit has not yet installed the Condensate Polishing Unit (CPU) for high pressure boilers (105 Kg/cm2). x. The Unit has installed additional MGF and ACF for tertiary treatment as the installed capacity of MGF and ACF was inadequate.
xi. The mechanical sludge handling syste m f or better management of sludge waste is not provided by the Unit. As reported by representative of the Unit, the purchase order has been issued for Decanter of 6 m3 per hour capacity.
xii. The Unit has not provided and did not maintained the logbook for the generation and disposal of ETP sludge, Boiler ash and other solid wastes.
xiii. The unit is yet to comply with CPCB direction dated 01.07.2019 by dismantling the bypass provision. However, during visit the discharge of effluent was not observed by the team.
xiv. The team also collected the wastewater sample from the local drain (Ikara Nalla) flowing adjacent to the Unit premises. The characteristic of the wastewater is as:
Table 4 Characteristics of Wastewater flowing through Ikara drain Samplin Latitude/ pH COD BOD Sulphat TSS TDS NH3-N Phosph g point Longitude (mg/L) (mg/L) e (mg/L) (mg/L) (mg/L) (mg/L) ate (mg/L) Ikara 29.292038/ 6.88 438 122 137 1200 500 34 3 Drain at u/s of 78.510125 the Unit Ikara 29.290151/ 7.11 776 177 73 1435 468 35 3.1 Drain at d/s of 78.5088303 the Unit xv. The value of COD in the drain waste water is more than that for raw sewage, which shows the addition of industrial effluent in to drain.
xvi. The Unit does not have STP facility for the treatment of domestic wastewater. The domestic waste water is collected, Treated in septic tank and disposed through Soak pits installed in the Units premises.
4.9 Recommendation:
1. The Unit must dismantle the by-pass line provided within the premises and ensure that only treated effluent shall be discharged outside the premises.
2. The Unit shall maintain the log-book for the generation and disposal of ETP sludge, Boiler Ash and other solid wastes.
3. The Unit shall ensure to implement the recommendation made by National Sugar Institute (NSI), Kanpur in validation report of ETP (for season 2018-19).3
4. The Unit shall install Condensate Polishing Unit (CPU) for high pressure boilers (105 Kg/cm2).
5. The Unit shall explore the possibility of maximum utilization of treated effluent in different process.
6. The lagoon must be properly lined to prevent leaching/ contamination of ground water.
7. Domestic waste water (sewage) generated within the premises and colony shall be discharged after proper treatment. The Unit shall install Sewage Treatment Plant (STP) for the treatment of Sewage.
8. The Unit shall obtain NOCs from CGWA for withdrawal of groundwater at earliest, as the NOC has already expired in April, 2019.
9. The Unit's NOC from CGWA expired on 27.04.2019, but Unit has continued to withdraw groundwater without valid NOC. The CGWA may be requested to verify the status of ground water recharge by the unit and accordingly EC may be calculated.
4.10 Action taken status
1. In crushing season 2016-17, unit was non- operational during the inspection due to off- season. CPCB issued compliance direction dated 02.11.2017 under section 5 of the Environment (Protection) Act, 1986 for carrying out adequacy assessment of ETP through govt. repute institutions.
2. In crushing season 2017-18, CPCB issued show cause notice dt.07.05.2018 under section 5 of the Environment (Protection) Act, 1986 to the unit for non- compliance of BOD-53 mg/I against norms of 30 mg/I with surface water discharge norms prescribed under Environment (Protection) Rules,1986.
3. CPCB issued compliance direction dated 16.11.2018 under section 5 of the Environment (Protection) Act, 1986 for implementation of charter.
4. In crushing season 2018-19, unit was found non- complying w.r.t. bypass of untreated effluent. BOD- 56 mg/I, TSS-35 mg/I and CPCB issued closure direction dated 23.04.2019 and 01.07.2019 under section 5 of the Environment (Protection) Act, 1986 and levied Environmental Compensation (EC) of Rs 57,30,000/-.
5. CPCB issued compliance direction dated 06.11.2019 under section 5 of the Environment (Protection) Act, 1986 and levied EC of Rs 16,20,000/. As per the revised policy dated 04.09.2019 and 01.11.2019.
6. The unit deposited EC in ESCROW account and submitted action plan for utilization of the EC amount. Action plan has been evaluated by CPCB and approved for execution.
4B. 5.0 M/s Dhampur Sugar Mills Ltd (Distillery Unit), Dhampur, Bijnor 5.6 Observations:
i. On the day of inspection, the distillery unit and spent wash management system were found operational.
ii. The Unit has consent to operate at 200 KLPD under Water Act, 1974 and Air Act, 1981 both having validity up to 31.12.2019. (Annexure 2a, 2b).
iii. The Unit has three bore-wells to meet the water requirement of production and domestic consumption. Out of three bore-wells, only two are in use, as per information provided by industry officials. Flow meters have been installed on each bore well. Average daily water consumption is calculated as 1234.44 KLPD based on three months (Sept, 2019-Nov, 2019) logbook data of flow meters. However, as per water balance data provided by Unit, fresh water requirement is 1726 KLPD.
iv. The Unit's NOC for groundwater abstraction has expired on 07.04.2019 and it has applied for renewal of NOC on 17.02.2019.
v. Total alcohol production during last six months (May, 2019- Oct, 2019) was 36429.06 KL. Therefore the average production is 6071.51 KL/month i.e. 202.38 KLPD.
vi. The Unit has provided production data certified by Excise department, data of raw spent wash generation, details of MEE- concentrate and condensate generation, utilization; as well as spent wash consumption for bio-composting and incineration.
vii. As per adequacy report of Apri1,2019 prepared by NSI, Kanpur, the adequacy of ZLD system has been certified for 250 KLPD.
viii. The Unit has installed mass flow meters with totalizer at inlet and outlet of SMEE as well as inlet and outlet of IMEE. All mass flow meters are connected to CPCB sever. Mass flow meter readings at the time of inspection is presented below:
Table 8: Details of mass flow meters SI.No Mass Totalizer Totalizer reading at outlet flow meter reading at inlet
1. SMEE 1218230.02 MT 278455.46 MT
2. IMEE 107701 MT 33854 MT.5
ix. The raw spent generation as per mass flow meter data during last six months (May, 2019- Oct, 2019) was 3,52,943 MT while concentrated spent wash generation for 6 months is 28736 MT (for 30 °Bx) and 86492 MT (for 58 °Bx) against consumption of 27682 MT in bio- composting and 86442 MT in incineration respectively.
x. As per logbook data of six months, overall average spent wash generation is 9.59 KL per KL of alcohol produced.
xi. As per information provided by industry officials, the average efficiency achieved through SMEE and IMEE is 67.35%.
xii. The concentrated spent wash after third stage evaporator having 30°Bx is utilized for bio composting while concentrated spent wash after the finisher evaporation having 55-60°Bx is incinerated and process condensate is treated in the Condensate-Polishing Unit (CPU).
xiii. At the time of inspection, 120 KLPD distillation Unit with integrated Multi Effect Evaporator (IMEE) was not in operation due to power tripping on 27.11.2019 morning as informed by industry officials. It could only restart on 28.11.2019 afternoon.
xiv. At the time of inspection, the density of spent wash at inlet and outlet of the standalone MEE was 1026.87 Kg/m3 and 1226.89 Kg/m3 respectively.
xv. As per logbook data, average feed to SMEE is 1044 KLPD while average quantity withdrawn after third stage is 287.8 KLPD and average conc. Spent wash from SMEE after fifth stage is 277.7 m3/day.
xvi. The Unit has installed Condensate Polishing Unit (CPU) consisting of three stage RO technology. As per information provided by the industry, the design capacity of the CPU is 2600 m3 /day whereas as per revalidated adequacy report dated 29.05.2019, the design capacity of the CPU is 2500 m3 /day. The sources of effluent coming into CPU include MEE condensate (2100 m3 /day), spent lees (300 m3 /day), cooling tower and boiler blow downs (200 m3 /day). While the RO permeate (2000 m3 /day) is used in process and non-process activities like molasses dilution, cooling tower make up as well as non-process activities like fire safety and gardening, the RO reject (600 m 3 /day) is circulated back to the MEE.
xvii. There are total of seven tanks/lagoons of which six tanks for spent wash management are within the Unit premises and one at the bio-compost yard site. Details of the tanks within premise and in bio-compost yard are given below:
6Table 9: Details of lagoons for spent wash management SI. Identification Condition Capacity (as Purpose No. during provided by inspection the Unit) Settling tank Filled 2492KL Used as Settling Tank
1.
Settling tank Filled 3396KL
2. Used as Settling Tank
3. Tank 1 Completely filled 1500KL Used as buffer tankbefore SMEE
4. Lagoon 3 Half filled 6050KL Storage of conc. spent wash, raw spent wash, RO
reject
5. Lagoon 4 Empty 10,000KL Used as standby for storage of spent wash in
case of sudden breakdown of operations.
6. Tank 2 60% filled 400KL Storage of MEE concentrate before bio composting
7. Tank 3 Closed tank. 207KL Storage-cum- Pump sump of MEE concentrate
before incineration.
Conc.Spent
wash (slop) .
On the day of inspection, settling tank -1 (2492 KL) and settling tank-2 (3396 KL) were observed to be full with raw spentwash combined with RO reject and stormwater accumulated in open drains in the industry premises.
Based on above data, total raw spent wash plus CPU (RO) reject stored in all tanks work out to be 10413KL (2492+3396+1500+0.5*6050).
xviii. There was a 10,000 KL capacity empty lagoon which was informed to be used for storage of effluent in cases of emergency breakdown of ZLD system.
xix. The Consent to Operate does not indicate the amount of spentwash to be utilized in biocomposting and amount to be incinerated. As per revalidated adequacy report submitted in May,2019, 10.56 M 3 /hr of 30°Bx concentrated spentwash is utilized in biocomposting while 22.5 M 3 /hr of 57.9°Bx is incinerated in incineration boiler while based on logbook data in May,2019, 36.86% is utilized in biocomposting while 63.14% is used in incineration, similarly, in June, 2019, 46.93% is used in biocomposting and 53.67% is incinerated. For the the period from July, 2019 to October, 2019, 10% of concentrated spentwash is utilized in biocomposting while 89% of the spentwash is incinerated in slop furnace (as boiler fuel).
xx. The existing active area for bio-composting is 16 acres while required area for 4 cycles of biocomposting is 14.6 acres.
xxi. The unit has installed only one piezowell/piezometer in the bio-compost yard of 10 acres area.
7xxii. Incinerator design capacity is 75 TPH with maximum feed rate of 26 MT/hr and at the time of inspection it was operating at feed rate of 18TPH.
xxiii. The Unit uses 25.5 TPH of MEE slop with 13-15 TPH of bagasse as fuel for the incinerator boiler. Flowmeter is installed at the feedline of the slop boiler. At the time of inspection, flowmeter reading was 1088.77 kg/hr. Around 30 MT/day of ash is generated from the incinerator, which is utilized for mixing with bio-compost and for land filling within the Units premises.
xxiv. The Unit has installed mass flow meters at inlet and outlet of SMEE as well as inlet and outlet of IMEE. Also, PTZ camera is installed at the bio-compost area.
xxv. The Unit has a bottling plant and sample was collected from its final outlet.The effluent from bottling plants collected, pumped and reused into cooling tower. Cooling tower blow down is treated through CPU.
xxvi. At the time of inspection, samples were collected from various locations of the distillery unit to verify the efficiency of the ZLD system. Analysis results are represented below:
Table 10: Characteristics of spent wash and other effluents in distillery Unit.
S.No. Sample location Parameters
pH COD BOD TSS TDS TS
(mg/I) (mg/I) (mg/I) (mg/I) (mg/I)
1. Raw spentwash 4.72 154776 - - - 167330
2. MEE feed 5.42 121967 - - - 120590
3. MEE concentrate 5.2 283353 - - - 485910
4. Conc. Spentwash in storage 5.04 494155 - - - 496010
tank
5. SW in buffer tank 4.73 192825 - - - 196390
6. SW in lagoon of biocompost 4.85 280935 - - 260610
yard -
7. Feed to incinerator 4.85 471987 - - - 444270
8. CPU feed 4.77 2697 1230 15 1548 -
9. CPU permeate 4.3 1013 323 <10 164 -
10 CPU reject 4.98 9332 5083 <10 4000 -
11. MEE condensate 3.52 16076 9750 - 756 840
12. Spent lees 3.76 5668 3200 - 400 488
13. Final outlet of bottling plant 5.41 333 234 - - 164
xxvii. As per the analysis report, raw spentwash has COD of
154776 mg/I and total solids 167330 mg/I while raw 8 spentwash stored in buffer tank has COD of 192825 mg/I and total solids of 196390 mg/I. xxviii. Analysis report indicates that feed to SMEE has COD and TS of 121967 mg/I and 120590 mg/I respectively while concentrated spentwash has COD of 283353mg/I and TS of 485910 mg/I. xxix. Samples collected from lagoons for concentrated spentwash and spentwash in the lagoon in biocompost yard indicated TS of 496010 mg/I and 260610 mg/I respectively xxx. As per the analysis report, CPU permeate has pH of 4.3, COD- 1013 mg/I, BOD-323 mg/I and TDS of 164 mg/I and is reported to be used for both process and non-process activities including fire safety and gardening. The quality of treated condensate indicate non compliance w.r.t land discharge norms.
xxxi. The analysis report indicate acidic characteristic of CPU permeate, reject, MEE condensate and final effluent from bottling plant.
xxxii. Analysis report of sample collected from final outlet of bottling plant indicated pH 5.41, BOD of 234 mg/I and COD 333 mg/I. It was informed that effluent from bottling plant is stored in a tank and further pumped as cooling tower makeup water.
xxxiii. The team also collected wastewater sample from the local drain (Ikara Nalla) flowing adjacent to the unit premises. The characteristic of the wastewater is as follows:
Sampling pH Sulphate TSS TDS NH3_N Phosphate point Latitude/ COD BOD (mg/L) (mg/L) (mg/L) (mg/L) (mg/L) Longitude (mg/L) (mg/L) Drain at 29.292038/ 6.88 438 122 137 1200 500 34 3 u/s of the unit 78.510125 Drain at 29.290151/ 7.11 776 177 73 1435 468 35 3.1 D/s of the unit 78.5088303 5.7 Recommendations.
1. The utilization of CPU permeate having pH of 4.3, COD- 1013 mg/I against 250 mg/I and BOD- 323 mg/I against 100 mg/I in non process activities like gardening, is a violation of ZLD norms and should be stopped immediately.9
2. The Unit's NOC from CGWA expired on 07.04.2019, but Unit has continued to withdraw groundwater without valid NOC. The CGWA may be requested to verify the status of ground water recharge by the unit and accordingly EC may be calculated.
3. Based on the available active area for biocomposting (16 acres), Unit can have lagoon capacity of ~9675 M 3 for 30 days' storage of conc. spentwash (30°Bx) and 3116 M 3 for seven days' storage of concentrated spentwash (55 °Bx) in compliance to CPCB direction dated 07.12.2015. The extra lagoon of capacity 10,000 m3 shall remain vacant and not be used without obtaining permission from UPPCB.
4. The Unit should install three piezowells around biocompost yard as per SOP for distilleries.
5.8 Action taken status of CPCB on M/s Dhampur Sugar Ltd (Distillery Sector), Bijnor
1. The Unit was issued Show Cause Notice dated 06.02.2018 for noncompliance to direction dated 14.06.2017 issued under Section 5 of Environment (Protection) Act, 1986.
2. The Show Cause Notice was revoked on 08.08.2018 following compliance to CPCB direction dated 06.02.2018. 5.9 Action taken status of UPPCB on M/s Dhampur Sugar Ltd (Distillery Sector), Bijnor, U.P
1. Based on inspection carried out by UPPCB officials on 02.08.2019, a Show cause notice dated 13.08.2019 along with imposition of environmental compensation of Rs. -
6,75,000/- has been issued to the Unit for violation of ZLD norms, illegal disposal of spentwash in agricultural fields of nearby village-Fena, Chandpur.
C. 6.0 M/s Dhampur Sugar Mills Ltd (Sugar Unit), Asmoli, Sambhal 6.8 Observations i. The manufacturing unit and ETP were found operational during the inspection.
ii. The Unit have CTO (Consent to Operate) under Water Act, 1974 and Air Act, 1981 valid till 31.12.2019.
iii. The Unit has installed flow meters at fresh water, cold water and hot water consumptions points as recommended by National Sugar Institute (NSI), Kanpur.
10iv. The Unit has installed three (3Nos) of Hazardous tanks with capacity of 43m3, 27m3 and 36m3 for collecting of wash water generated during chemical /mechanical cleaning of evaporators.
v. The treated effluent from ETP is stored in a lagoon of 16000 KL capacity for utilization for irrigation purposes.
vi. The Unit has installed two dryers (for baggase), using the flue gases from stack of the boiler. Dryers were found operational.
vii. Wet scrubber (common to 70 TPH & 50 TPH boilers) was not in working condition.
viii. The Unit has installed two stage, 2Nos Reverse osmosis (RO) plants for the treatment of 2 nos boilers blow down.
ix. A new MGF (Multigrade Filter) and ACF (Activated Carbon Filter) for tertiary treatment was under installation as the installed capacity of existing MGF and ACF was inadequate.
x. The Unit has not provided/maintained the logbook for the generation and disposal of ETP sludge and other solid wastes. However, for boiler ash disposal, documents of transportation and receipts were shown and verified with logbook at Bio- compost yard site of distillery of M/s Dhampur group.
xi. The team also collected the sample from drain (Lat.
28.711214, Long. 78.544426) flowing adjacent to the Unit premises. The characteristic of the wastewater is as:
Table 14: Characteristic of wastewater flowing through drain adjacent to M/s Dhampur Sugar Mills Ltd., Asmoli Sampling pH COD BOD Sulphate TSS TDS point (mg/L) (mg/L) s (mg/L) (mg/L) (mg/L) Drain after mixing 7.85 70 15 238 44 1236 Drain /sewage 7.45 195 97 16 99 700 Ponding,in Sot river 7.82 73 12 127 39 1204 xii. The Unit does not have facility for the treatment of domestic wastewater and untreated sewage is discharged and mixed with treated effluent of the sugar Unit.
6.9 Recommendations:11
1. Unit shall maintain the log-book for the generation and disposal of ETP sludge and other solid wastes including boiler ash generation.
2. Unit should install Condensate Polishing Unit (CPU) for high pressure boilers (105 Kg/cm 2 ) to treat process condensate for reuse in process. This will help in reduction of fresh water consumption.
3. The Unit must ensure the maximum reuse of treated effluent in process.
4. Wet scrubber (attached to Boilers 70TPH & 50TPH) should be made operational before start of the attached boiler.
5. All domestic waste water generated within the Unit's premises and residential colony shall be discharged after proper treatment. The Unit shall install Sewage Tretment Plant (STP) of adequate capacity for the treatment of domestic wastewater.
6. The Unit shall obtain NOCs from CGWA for withdrawal of groundwater at earliest as the CGWA NOC has already been expired in May, 2019.
7. The Unit's NOC from CGWA expired on 02.05.2019, but Unit has continued to withdraw groundwater without valid NOC. The CGWA may be requested to verify the status of ground water recharge by the unit and accordingly EC may be calculated.
6.10 Action taken status
1. In crushing season 2016-17, unit was found non- complying w.r.t. discharge standard and CPCB issued show cause notice dt.16.01.2017 under section 5 of the Environment (Protection) Act, 1986.
2. CPCB issued direction dated.29.06.2017 under section 5 of the Environment (Protection) Act, 1986 for carrying out adequacy assessment of ETP through govt. repute institutions.
3. CPCB issued compliance direction dated 02.11.2017 under section 5 of the Environment (Protection) Act, 1986 for carrying out adequacy assessment of ETP through govt. repute institutions.
4. In crushing season 2017-18, unit was found non- complying w.r.t. bypass of untreated effluent and CPCB issued closure dt.07.02.2018 under section 5 of the Environment (Protection) Act, 1986.
5. CPCB issued compliance direction dated 22.10.2018 under section 5 of the Environment (Protection) Act, 1986.
6. In crushing season 2018-19, unit was found complying and CPCB issued compliance direction dt.20.05.2018 under section 5 of the Environment (Protection) Act, 1986.
D. 7.0 M /s DSM S uga r Me er ga nj, Sid ha uli Ro ad, Mee rg anj , Bar ei lly , 12 7.8 Observations i. The manufacturing unit and ETP were found operational during the inspection. The inflow to ETP (flowmeter reading) during the inspection was observed 34.0 m3/hour which is equivalent to 616 KLD against the installed capacity of 1000 KLD ETP.
ii. The oil skimmer in oil grease trap was not properly installed and the level of effluent was at bottom/ below the belt.
iii. MLSS growth in Aeration tank was observed satisfactory.
iv. The Unit has not installed flow meters at power turbine cooling, boiler, wet scrubber, B & C Massecuite cooling as it was recommended by National Sugar Institute (NSI), Kanpur in validation report of ETP for season 2018-19.
v. The Unit has installed MGF and ACF for tertiary treatment.
vi. The mechanical sludge dewatering/handling system for better management of wet sludge is not provided by the Unit.
vii. The Unit has not provided/maintained logbook for daily effluent generation and treatment, disposal of ETP sludge, Boiler ash and other solid wastes.
viii. A part of Cooling Tower overflow is being mixed with raw effluent and the rest is being treated in lamella through a separate channel. The channel carrying Cooling Tower overflow to raw effluent channel should be regulated by valve or sluice gate which may be controlled once Unit starts making refined sugar using Double Sulphitation Process.
ix. The Unit was bypassing the untreated effluent through a pipeline laid underground up to Peelakhar River in Sindholi Village (Lat: 28.556169 and Long: 79.241446) which ultimately meets River Ramganga. This was shown to the Unit's representatives, who accepted the discharge of wastewater and they explained that the PVC pipeline is laid for disposal of storm/rain water from the mill premises to Peelakhar.
x. Samples of untreated effluent bypassed through PVC pipe and flowing through a drain were collected by the CPCB team. The characteristics of the effluent are is given below:
Table 18: Characteristics of by-passed effluent by M/s Dhampur Sugar Mills Ltd., Meerganj Sample Analysis pH COD BOD TSS TDS Sulphate ( Color (mg/l) (mg/l) (mg/l) (mg/l) mg/l) (Hazen) Multiple 5.40 1306 890 248 2464 274 216 outlet/bypass (drain) 13 Multiple 5.33 1640 967 212 2412 220 237 outlet/bypass (pipe) xi. Samples were also collected from the upstream and downstream of the Peelakhar river where the effluent from the bypass line was meeting with the river water. Analysis results of the water are provided in the following table. The high value of BOD and COD in down stream of the confluence point of bypass line and river shows the impact of untreated effluent being discharged by the Unit.
Table 19: Water quality of river Peelakhar Sampling point pH COD BOD Color (Hazen) (mg/L) (mg/L) River Peelakhar at u/s 8 BDL BDL BDL bypass line River Peelakhar at u/s 7.7 37 5.3 BDL bypass line xii. The Unit does not have facility for the treatment of domestic wastewater. Untreated domestic effluent was found being discharged outside the premises of the Unit through a hole in the wall of the Unit.
7.9 Recommendations:
1. It is proposed that direction under section 18(1)(b) shall be issued to UPPCB to take appropriate action to stop discharge of wastewater in river Peelakhar and to levy environmental compensation of suitable amount to the Unit for illegal discharge/bypass of untreated effluent.
2. The Unit must dismantle the bypass line (PVC pipe) from the premises to the river Peelakhar and ensure that the untreated/partially treated effluent shall not be discharged outside the premises in any case.
3. Unit must take corrective measures to prevent the leaching of untreated effluent into the soil/ ground water.
4. Unit shall maintain the logbook for the generation and disposal of ETP effluent, sludge, Boiler Ash, hazardous waste and other solid wastes.
5. Unit shall ensure to implement the recommendations made by National Sugar Institute (NSI), Kanpur in validation report of ETP for session 2018-19.
6. Unit shall install the flow meters at the places as recommended by the National Sugar Institute (NSI), Kanpur.14
7. All domestic wastewater generated within the premises and colony shall be discharged after proper treatment. The Unit shall install Sewage Tretment Plant (STP) for the treatment of domestic wastewater.
7.10 Action taken status
1. In crushing season 2016-17, unit was found complying and CPCB issued compliance direction dated 08.11.2017 under section 5 of the Environment (Protection) Act, 1986 for carrying out adequacy assessment of ETP through govt. repute institutions.
2. In crushing season 2017-18, unit was found non-complying and CPCB issued show cause notice dt.15.03.2018 under section 5 of the Environment (Protection) Act, 1986 for non- compliance w.r.t. BOD-31.2 mg/I, TSS- 111 mg/I, MLSS- 684mg/I.
3. CPCB issued compliance direction dated 26.10.2018 under section 5 of the Environment (Protection) Act, 1986 for charter implementation.
4. In crushing season 2018-19, CPCB issued show cause notice dt.14.06.2018 under section 5 of the Environment (Protection) Act, 1986 for low MLSS-1291mg/I in aeration tank and BOD at outlet was found BDL and TSS-27.4 mg/I which showed chances of dilution.
5. CPCB issued compliance direction dated 09.08.2019 under section 5 of the Environment (Protection) Act, 1986.
6. In crushing season 2019-2020, unit was found non- complying w.r.t. bypass of untreated effluent and CPCB issued direction under section 18 (1) (b) on 02.01.2020 to UPPCB. In compliance, UPPCB has imposed EC of Rs. 17,70,000/- vide letter dated 21-01-2020 to the unit."
4. Last order dated 03.07.2020 is as follows:-
"4. Accordingly, a further report has been filed by the CPCB on 19.06.2020 concluding as follows:
"Compliance status of the units are as follows:
a. UPPCB has imposed Environmental Compensation of Rs. 17,70,000/-on M/s Dhampur Sugar Mills, Sugar Unit, Meerganj, Bareilly. Unit has deposited the same and by-pass line has been permanently removed.
b. UPPCB has issued directions to M/s Dhampur Sugar Mills (Distillery Unit) Dhampur, Bijnore vide letter dated 17-06- 2020 under Section 33A of Water (Prevention and Control of Pollution) Act, 1974 as amended to utilize the excess stored 1100 KLD and also submit time bound action plan for dismantling the excess storage capacity.15
c. UPPCB vide letter dated 17-06-2020 has issued directions to M/s Dhampur Sugar Mills, Sugar Unit, Dhampur, Bijnore to deposit the EC amount of Rs. 16,20,000/- imposed by CPCB immediately in the account of UPPCB in compliance of directions of Hon'ble NGT.
d. UPPCB vide letter dated 17-06-2020 has asked CGWA for imposition of EC on M/s Dhampur Sugar Mills, Sugar Unit, Asmoli, Sambhal due to withdrawal of Ground Water without NOC.
e. The M/s Dhampur Sugar Mills Ltd. (Sugar unit), Asmoli, Sambhal Moradabad was not found by passing the effluent in the joint inspection.
f. The status of NOC from CGWA is as follows:
M/s Dhampur Sugar Mills Ltd (Sugar Unit), Dhampur, Bijnor has obtained NOC from CGWA.
M/s Dhampur Sugar Mills Ltd (Distillery Unit), Dhampur, Bijnor has obtained NOC from CGWA. M/s DSM Sugar Meerganj, Sidhauli Road, Meerganj, Bareilly has obtained NOC from CGWA.
M/s Dhampur Sugar Mills Ltd (Sugar Unit), Asmoli, Sambhal applied NOC from CGWA. UPPCB vide letter dated 17-06- 2020 has asked CGWA for imposition of EC on M/s Dhampur Sugar Mills, Sugar Unit, Asmoli, Sambhal due to withdrawal of Ground Water without NOC."
5. The above shows that while for two units, compensation has been assessed by the State PCB, for the other two units, compensation has been left to be determined by the CGWA. There is no consistency. If in two cases, the State PCB has assessed compensation, there is no reason why for other two units it should not have done so. It is also not clear whether the compensation is as per norms and covers the entire period of illegal drawl of ground water and whether the deterrence factor has been taken into account.
6. Let the State PCB take further action which may be overseen by the CPCB. The CPCB may after coordination with the State PCB furnish a further action taken report before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
5. Accordingly, the CPCB has filed its report dated 05.10.2020:-
"Based on the deliberations held in meeting, following decisions were made:16
1. UPPCB would request District Collector and CGW A for calculating and levying EC as per the Hon'ble NGT order dated 28.08.2019 in the matter of Paryavaran Suraksha Samiti & Anr.
Versus Union of India & Ors, OA. No. 593 of 2017, which authorizes District Collector/ CGW A to levy EC for illegal extraction of ground water.
2. UPPCB was requested to give a statement to CPCB mentioning that UPPCB has not assessed or levied EC on these units.
3. UPPCB was requested to incorporate their stand/opinion about levying of EC for ground water extraction and also the referred Hon'ble NGT order dated 28.08.2019 which authorizes COW Al District Collector to assess and levy EC in the point-wise compliance report (as per the recommendations of the committee) to be submitted by them to CPCB by 25.09.2020.
4. UPPCB was requested to update CPCB about the deposition status of the levied Environmental Compensation as per the compliance report.
As decided in the meeting, UPPCB sent its comments on the issue raised in the meeting submitting that UPPCB had sent two letters to CGW A, dt 17.06.2020 (Annexure-lV) and 21.09.2020 (Annexure-V) requesting to levy EC on M/s Dhampur Sugar Mills Ltd (Sugar Unit), Asmoli, Sambhal for extraction of ground water without obtaining NOC as CGW A is the authority to levy EC for illegal extraction of ground water. Also, UPPCB submitted updated compliance status report of the units as per the recommendations of joint inspection team to CPCB, which is annexed as Annexure-VI. As per the aforementioned report, all 04 units have complied with the recommendations of the Joint Inspection Team.
CPCB respectfully submits that out of 04 units in the matter, only Mis Dhampur Sugar Mills Ltd (Sugar Unit), Asmoli, Sambhal has not obtained NOC from CGW A. Rest all three units have already obtained NOC from CGW A for extraction of ground water. Therefore, EC for the illegal extraction of ground was is to be levied on the sugar unit, M/s Dhampur Sugar Mills Ltd (Sugar Unit), Asmoli, Sambhal for which CGW A is required to calculate the amount. The EC already levied on the two units (Mis Dhampur Sugar Mills Ltd (Sugar Unit), Meerganj, Bareilly and M/s Dhampur Sugar Mills Ltd (Sugar Unit), Dhampur, Bijnor) as mentioned above was for noncompliance with respect to environmental norms. Now, this Compliance Report is submitted in compliance of Hon'ble NGT order dated 03.07.2020."
6. I.A. No. 376/2020 has been filed on behalf of the applicant on 06.11.2020 inter-alia as follows:-
A. M/s Dhampur Sugar Mills (Sugar Unit), Dhampur, District -
Bijnor 17 "1 to 7. xxx............................xxx.................................xxx (8) That some of the major violations /non-compliances committed by the said unit as observed by the said joint inspection team during the said Joint Inspection are as follows:
(i). The unit has not installed-flow meters at Mill Fibrizer, Mescuite Cooling and RO Reject as it was recommended in validation report of ETP for session 2018-19 by National Sugar Institute (NSI), Kanpur;
(ii). The Unit has not installed the Hazardous Tank in the boiling house;
(iii). The unit has provided kachcha lagoon (for storage of treated effluent) having lining of PVC sheets, which is not proper and it may result in leaching under wear & tear condition;
(iv). The unit has not yet installed the Condensate Polishing Unit (CPU) for high pressure boilers (105 kg/cm2);
(v). The Mechanical Sludge handling system for better management of sludge waste is not provided by the unit.;
(vi). The unit has not provided and did not maintained the log book for the generation and disposal of ETP sludge, Boiler ash and other solid waste;
(vii). The unit is yet to comply with CPCB direction dated 01.07.2019 by dismantling the by-pass provision.
9. That as per the aforesaid Compliance Report dated 19.06.2020 submitted by the CPCB before this Hon'ble Tribunal, the so called "Action Taken" by the statutory authorities i.e. the CPCB as well as the UPPCB against the said unit of the Respondent No.1 is to impose an Environmental Compensation of Rs.16,20,000/- (Rupees Sixteen Lakhs and Twenty Thousand only) for 54 days (28.03.2019 to 20.05,2019).
10....xxx..................................xxx......................................xxx
11. That said Letter dated 06.11.2019 issued by the CPCB is a follow-up Letter of the previous Letters dated 23.04.2019 and 01.07.2019 issued by the CPCB. That a perusal of the aforesaid Letters i.e. Letter dated 23.04.2019; Letter dated 01.07.2019 and Letter dated 06.11.2019 issued by the CPCB reveals the below- mentioned facts:
(i). That all the aforesaid Letters i.e. Letter dated 23.04.2019;
Letter dated 01.07.2019 and Letter dated 06.11.2019 issued by the CPCB pertains for the "Crushing Season -- 2018-2019";
(ii). That said Unit starts its operation /production during the said "Crushing Season -- 2018 -2019" on 11.11.2018;
(iii). That inspection of the said unit was conducted by the team of CPCB officials on 28.03.2019 i.e. after approximately 3.5 months after the start of the operation /production by the said unit;
18(iv). That during the said inspection conducted on 28.03.2019 by the team of CPCB officials, the said unit was found by-passing the untreated effluent through a separate channel into the outside drains adjacent to the premises of the mill;
(v). That despite the fact that the said unit was found indulged in such a serious violation of "by-passing the untreated effluent", the officials of the CPCB instead of immediately dismantling and sealing the said by-pass arrangement of the said unit, allow the said unit to continue its operation /production and also allow the said unit to continue the by-passing of the untreated effluent during the said crushing season 2018-19 which was initially supposed to end on 15.04.2019;
(vi). That CPCB firstly issued Closure Notice vide the said Letter dated 23.04.2019 i.e. after the initial date of the end of the crushing season 2018-19 which was 15.04.2019 for the said Unit. That the major directions issued by the CPCB vide the said Letter dated 23.04.2019 are as under:
a) The unit shall close down its sugar manufacturing operations with immediate effect and shall not resume its operation;
b) The Unit shall dismantle the bypass arrangements and stop discharge of untreated /partially treated effluent discharge immediately;
That, further, the CPCB, vide the said Letter dated 23.04.2019, has initially levied an Environmental Compensation of Rs.46,80,000/- (Rupees Forty Six Lakhs and Eighty Thousand only) [for time period from 11.11.2018 to 15.04.2019];
(vii). That although the direction to close down the manufacturing process issued by the CPCB vide the said Letter dated 23.04.2019 after the end of the crushing season (which was initially on 15.04.2019 for the said Unit) is merely a paper formality, however, the said Unit, in utter violation of the said direction issued by the CPCB, continues its operation /production till 20.05.2019;
(viii). That not only the said Unit, in utter violation of the said direction issued by the CPCB vide Letter dated 23.04.2019, continues its operation /production till 20.05.2019, but also the said Unit did not dismantled the said by-pass arrangement and keeps on discharging its untreated effluent through the said by-pass arrangement;
ix) That despite the gross violation of the directions issued by the CPCB vide the said Letter dated 23.04.2019 committed by the said Unit, the only action taken by the CPCB is to issue a second Letter dated 01.07.2019 by which the CPCB has increased the Environmental Compensation to Rs.57,30,000/- (Rupees Fifty Seven Lakh and Thirty Thousand only) [for time period from 11.11.2018 to 20.05.2019];
(x). That once again the CPCB, vide the said Letter dated 01.07.2019, issued direction to dismantle the said bypass arrangement. That, however, the said Unit once again made the 19 mockery of the directions issued by the CPCB and did not dismantled the said by-pass arrangement;
(xi). That, thereafter, the CPCB issued the said Letter dated 06.11.2019 by means of which the CPCB has taken the so called action against the said Unit. That some of the important "Action Taken" against the said Unit by the CPCB vide the said Letter dated 06.11.2019 are mentioned here-in-under:
(a). The CPCB, vide the said Letter dated 06.11.2019, reduced the said Environmental Compensation from Rs.57,30,000/- (Rupees Fifty Seven Lakh and Thirty Thousand only) to Rs.16,20,000/- (Rupees Sixteen Lakhs and Twenty Thousand only);
(b). The CPCB, vide the said Letter dated 06.11.2019, allow the said Unit to resume its operation for the "Crushing Season -- 2019-
20"
(xii) That the CPCB has, vide its said Letter dated 06.11.2019, reduced the Environmental compensation levied on the said Unit on the pretext that the CPCB vide Office Order dated 04.09.2019 has issued a policy for levying Environmental Compensation of industries which prescribe that EC for closure direction issued on the ground on non-compliance of prescribed discharge /emission norms shall be levied for the period between the date of inspection and monitoring to the date of closing of manufacturing operation;
(xiii). That on the pretext of the aforesaid reasoning, the CPCB educed the Environmental Compensation to be levied on the said Unit by reducing the time period of violation /noncompliance i.e. from 191 days (11.11.2018 to 20.05.2019) to 54 days (28.03.2019 to 20.05.2019);
(xiv). That, however, the act of reducing the Environmental Compensation by the CPCB, as aforesaid, on the pretext of its aforesaid Office Order dated 04.09.2019 is illegal, arbitrary and without any basis. That the said Office Order dated 04.09.2019 of the CPCB deals with "EC for closure direction issued on the ground on non-compliance of prescribed discharge /emission norms" which is not the case of the said Unit. That the said Unit was, at the time of inspection held on 28.03.2019, found directly discharging its untreated effluent into the outside drain through by pass arrangement, which is a very serious offence and posses a direct threat to the local Environment and also to the life & health of the local /nearby residents;
(xv). That not only the CPCB has reduced the Environmental Compensation levied on the said unit, as aforesaid, but also the CPCB has not found the said act of directly discharging its untreated effluent into the outside drain through by pass arrangement committed by the said Unit serious enough to include "Deterrent Factor" while calculating the Environmental Compensation to be levied on the said unit. That the CPCB has simply imposed the reduced Environmental Compensation for 54 days (28.03.2019 to 20.05.2019) without "Deterrent Factor" on the said unit;20
(xvi). That moreover, the CPCB vide the said Letter dated 06.11.2019 allowed the said Unit to operate /start manufacturing for the "Crushing Season - 2019-20", as aforesaid. That, however, the CPCB, while allowing the said Unit to operate /start manufacturing for the "Crushing Season - 2019-20" vide the said Letter dated 06.11.2019, has not even bothered to inspect the said unit so as to ensure that whether the said by-pass arrangement has been dismantled by the said Unit or not.
(xvii). That a perusal of the said Letter dated 06.11.2019 issued by the CPCB shows that the CPCB has not even issued direction to dismantle the said by-pass arrangement while allowing the said Unit to operate /start manufacturing for the "Crushing Season - 2019-20"
vide the said Letter dated 06.11.2019;
(xviii). That apparently the said by-pass arrangement continued in existence till 03.12.2019 (as mentioned in the said Compliance Report dated 19.06.2020 filed by the CPCB before this Hon'ble Tribunal). That, however, both the statutory authorities i.e. CPCB and UPPCB has not bothered to levy the Environmental Compensation on the said Unit for the time period from 28.03.2019 (date of observation) to 03.12.2019 (date of compliance).
Copies of the Letter dated 23.04.2019, Letter dated 01.07.2019 and Letter dated 06.11.2019 issued by the CPCB (downloaded from the web-site of the CPCB) is annexed as Annexure: A (Cony).
(12). That the other major violation /non-compliance committed by the said Unit, as observed by the said joint inspection team during the said Joint Inspection of the said unit held on 27.11.2019 and 28.11.2019 was to store the treated effluent in a permeable lagoon /kachcha Iagoon which may result in the penetration of the said treated effluent through the ground /soil below and may result in the contamination of the ground water of the area concerned. That in this context this Hon'ble Tribunal may take note of the below-mentioned submissions of the Applicant:
i. That the said violation /non-compliance committed by the said Unit (to store the treated effluent in a permeable lagoon /kachcha lagoon) was observed by the officials of the CPCB during the inspection of the said Unit held on 22.03.2018; ii. That the recommendation to store the treated effluent in an impermeable lagoon was made by the NSI, Kanpur in its revalidated adequacy assessment report which was submitted by the said Unit vide Letter dated 10.10.2018;
iii. That the CPCB, vide Letter dated 16.11.2018, issued direction to implement the observations and recommendations made by the NSI, Kanpur in its aforesaid revalidated adequacy assessment report; iv. That, however, apparently, the said Unit has not complied with the said direction of the CPCB issued vide Letter dated 16.11.2018 and therefore, the said Joint Inspection Team of the CPCB and UPPCB in its said Compliance Report dated 31.01.2020 filed before this Hon'ble Tribunal has observed that the said Unit has provided kachcha lagoon (for storage of treated effluent) having lining of PVC sheets, which is not proper and it may result in leaching under wear & tear condition.21
v. That, however, both the statutory authorities i.e. CPCB as well as UPPCB has not taken any action against the said unit for the said violation /non-compliance and the said statutory authorities has not even bothered to impose Environmental Compensation on the said Unit for the said violation /non-compliance.
Copy of the Letter dated 16.11.2018 issued by the CPCB (downloaded from the web-site of the CPCB) is annexed as Annexure:
B.
12...xxx............................xxx.............................................xxx
13. That with respect to the other violations /non-compliances_ committed by the said Unit, as observed by the said joint inspection team during the said Joint Inspection of the said unit held on 27.11.2019 and 28.11.2019, it is submitted that the direction with respect to the said violations were issued by the CPCB vide its aforesaid Letter dated 16.11.2019, which apparently the said Unit has not complied with. That, however, both the statutory authorities i.e. CPCB as well as UPPCB has not taken any action against the said unit for the said violation /non-compliance and the said __statutory authorities has not even bothered to impose Environmental Compensation on the said Unit for the said violation /non-compliance.
14. It is submitted that while imposing the Environmental Compensation on the said Unit for the two major violations committed by the said Unit, namely, (a) by-passing the untreated effluent through a separate channel into the outside drains adjacent to the premises of the mill and (b) to store the treated effluent in a permeable lagoon /kachcha lagoon, the CPCB has violated its own Report /Guideline for EC Calculation"
B. Sambhal Unit-
"21 That the said Unit of the Respondent No.1 has a history of serious violations /non-compliances, however, neither any Environmental Compensation has ever been imposed on the said Unit nor any prosecution proceedings has been initiated against concerned officials of the said Unit by the statutory authorities i.e. CPCB as well as UPPCB.
22. That the inspection of the said Unit of the Respondent No.1 was conducted by the officials of the CPCB on 08.12.2016. That during the said inspection, the said Unit was found discharging the spray pond overflow outside the premises of the said Unit. That, moreover, during the said Inspection the said Unit was also found non-complying with respect to the prescribed standards of BOD of the ETP effluent sample. That, however, no action was taken against the said Unit by the statutory authorities i.e. CPCB as well as UPPCB and the said Unit was allowed to start its operation vide a letter dated 02.11.2017 issued by the CPCB. Copy of the Letter dated 02.11.2017 issued by the CPCB (downloaded from the web- site of the CPCB) is annexed as Annexure: D. 22
23. That again the inspection of the said Unit of the Respondent No.1 was conducted by the officials of the CPCB on 10.01.2018. That during the said inspection, the said Unit was again found to be by-passing untreated effluent discharge from the spray pond overflow and cooling tower ',lowdown being discharged outside the premises region through the drain --connecting to SOT river which meets river Ganga.
24. That, however, once again the officials of the CPCB neither bothered to dismantle and seal the said by-pass arrangement immediately nor bothered to immediately stop, the manufacturing process of the said Unit, rather the CPCB preferred to ..issue--the. direction to close down the manufacturing process and also the direction to dismantle the said by-pass arrangement on 07.02.2018 i.e. approximately after one month of the said inspection.
25. xxx............................xxx.........................................xxx
26. That, till date, the statutory authorities i.e. the CPCB as well as UPPCB, in gross violations of the aforesaid Report /Guidelines for EC Calculation issued by the CPCB, does not bother to conduct a detailed investigation from expert institution /organisation so as to know the actual extent of damage caused to the environment due to aforesaid violation /non-compliance committed by the said Unit, namely, (a) discharging the spray pond overflow outside the premises and (b) by-passing untreated effluent discharge from the spray pond overflow and cooling tower blow-down being discharged outside the premises region through the drain connecting to SOT river which meets river Ganga."
C. Bareilly Unit:-
27. That in compliance of the directions issued by this Hon'ble Tribunal, the joint inspection of the Sugar Unit of M/s Dhampur Sugar Mills situated at Meerganj, District - Bareilly (U.P.) was conducted by the Joint Inspection Team of the CPCB and UPPCB on
29.11.2019.
28. That some of the major violations /non-compliances committed by the said Unit as observed by the said Joint Inspection Team during the inspection of the said Unit conducted on 29.11.2019 are as under:
(i) The said Unit was found by-passing the untreated effluent through a pipeline laid underground up-to Peelakhar River in Sindholi Village which ultimately meets Ramganga River;
(ii) The said Unit was found discharging its untreated domestic effluent outside the premises of the said Unit through a hole in the wall of the said Unit.
29. That the so-called "Action taken" by the statutory authorities i.e. CPCB and UPPCB against the said Unit for committing such serious violations /non-compliances is to impose an Environmental Compensation of Rs.17,70,000/- (Rupees Seventeen Lakh and Seventy Thousand only). That in the case of this Unit of the 23 Respondent No.1 also, the statutory authorities i.e. CPCB and UPPCB does not find the illegal act of "discharging the untreated effluent directly into the River" serious enough to initiate the prosecution proceedings against the officials of the said Unit responsible for the said violation /non-compliance.
30. xxx..............................xxx..........................xxx
31. It is pertinent to mention here that the said Unit of the Respondent No.1 has also a history of violations /non-compliances. That during the inspection of the said Unit by the officials of the CPCB held on 10.01.2017, it was found that the said Unit has not integrated all process stream and route them to ETP. That during the inspection of the said Unit by the officials of the CPCB held on 25.01.2018, the treated effluent sample taken from the outlet of the ETP of the said Unit was found non-compliant with respect to BOD & TSS norms. That officials of the CPCB during the inspection held on 25.01.2018 observed that the aeration tank of the ETP system of the said Unit was not properly stabilised due to poor operation and maintenance of the ETP system and the treated effluent discharged does not meet the prescribed standards. That again during the inspection held on 28.03.2019, the officials of CPCB again observed that the aeration tank of the ETP system of the said Unit was not properly stabilised due to poor operation and maintenance of the ETP system and there is possibility of dilution of ETP system. Copies of the Letter dated 08.11.2017, Letter dated 15.03.2018 and Letter dated 14.06.2019 issued by the CPCB (downloaded from the web-site of the CPCB) is annexed as Annexure: F (Colly).
37 o 36......xxx..............................xxx..........................xxx
37. That it is pertinent to bring to the notice of this Hon'ble Tribunal, that the case of the Units of the Respondent No.1 is not the only case where the CPCB has shown extreme leniency /favouritism towards the violator and despite serious violations, has reduced the Environmental Compensation to a great extent by reducing the time period /days of violation on the pretext of the aforesaid Office Order dated 04.09.2019. That the modus -- operandi adopted by the officials of the CPCB is same in all such cases, which is as under:
a) Conduct the inspection of the unit of the violator after passing off substantial time period of the crushing season;
b) At first levy Environmental Compensation for whole crushing period on the unit of the violator;
c) Issue Closure Notice after the end of the crushing season;
d) After conducting meeting(s) with the representatives of the violators, reducing the Environmental Compensation substantially by reducing the time period /days of violation on the pretext of the af oresaid Of f ice Order dated 04.09.2019;24
e) Finally, resuming the operation /manufacturing of the units of the violators before the next crushing season."
7. No sufficient ground has been explained to meet out the irregularities nor environmental compensation have been calculated by the CPCB and UPPCB for which they are directed to submit a further action taken report on these points.
8. It is further argued that previously joint Committee calculated environmental compensation and later on it was re-examined and re-
calculated as per Annexure 1 below which is lower than previous calculation and no sufficient reason has been explained. Either of the two calculations may be wrong. The environmental compensation and its calculation are intended to prevent the further mischief and irregularities by the industrial units and is penal in nature apart from recovering cost of restoration.
25Table 1 has been annexed to the IA 376/2020 which is as follows:
S.No. Industry Name Operation Date of Inspection and Main Closure 2"1 Notice Previous Inspection Period Observation Notice and Date Date and Main (2018-19) E.0 Levied (Resume Observations Operation) and Reduced E.C.
1. Anamika Sugar Mills 04.11.2018 29.03.2019 23.05.2019 06.11.2019 Date: 06.02.2018 to 1) Unit was found to By-pass dark grey Rs.57,60,00 Rs.13,50,000/- Unit isdischarging untreated sewage Limited, 12.05.2019 0/- outside the th u ro g premises through th is a channel Bulandshashr (U.P.) colour waste water /untreated effluent and there is possibility of discharging the through a cemented channel under the untreated effluent of the process or spray pond through this channel boundary wall. The untreated effluent was found stored in low-lying non-lined permeable area, across the road;
0) Mill was discharging colony
domestic sewage into road side low
lying areas
26
2. Avadh Sugar & 11.11.2018 29.03.2019 30.05.2019 30.01.2018
to Rs.1,39,20, 07.11.2019 Spray pond overflow is partially bypassed
Energy Limited, An underground pipeline was traced
06.05.2019 000/- and discharged
Shahjahanpur (U.P.) carrying the industrial effluent from the Rs.11,70,000/- directly outside the
unit which discharges into the drain premisesthrough channel into drain which
in
to d
in
ra
meets Garra
behind the unit. It was informed by the River andultimately to Ganga River;
local people that the discharge from the said pipeline is made during the night;
3. Bajaj Hindustan 10.11.2018 Date: 30.03.2019 28.05.2019 06.11.2019 08.03.2018 Limited, Shahjanpur to Non-compliance with respect to the Rs.1,28,40, Rs.7,20,000/- 1) Non-compliance with respect to the (U.P.) 22.04.2019 parameters, namely, BOD and COD of 000/- parameters,namely, BOD, COD and TSS of treated effluent samples from lagoon. treatedeffluent samples;
2) Non-compliance with respect to the parameters,namely, BOD, COD and TSS of treated effluent samples from lagoon.
274. Bisalpur Kisan 27.11.2018 26.03.2019 24.05.2019 06.11.2019 01.02.2018 Sahkari Chini Mills to 1) Unit has multiple outlets for the Rs.1,37,70, 1) Treated effluent Limited, Bilaspur 14.05.2019 discharge of treated /untreated 000/- Rs.16,50,000/- from secondary clarifier outlet was found to (U.P.) effluents; be discharged directly
2) Spray pond overflow is directly into the drain; discharged outside the unit's premises without any treatment; 2) Inlet channel of ETP was found broken and untreated effluent was bypassed to outside nallah;
3) Spray pond tank was also found broken
and spray pond overflow was bypassed
without any treatment to
outside nallah.
5. Indian Potash Limited 15.11.2018 04.04.2019 30.05.2019 07.11.2019 05.01.2018
(Sugar Unit),Meerut to 28.04.2019 1) Untreated spray
(U.P.) 1) Non-compliance with respect to the Rs.1,34,10, Rs.7,50,000/- pond overflow is stored in lagoon;
parameters, namely, BOD, COD and TSS 000/- 2) Untreated effluent from the storage is
of treated effluent samples; discharged on land;
2) Non-compliance with respect to the
parameters, namely, BOD and COD of
3) Unit is having two outlets.
treated effluent samples from lagoon;
3) Unit used a Kaccha Lagoon for
storage of treated effluent.
28
6. Kisan Sahkari Chini 06.11.2018 26.03.2019 28.05.2019 06.11.2019 17.01.2018
Mill, Amroha (U.P.) to 1) Non-compliance with respect to the Rs.1,51,20, Rs.14,40,000/- 1) Non-compliance with respect to
12.05.2019 parameters, namely, BOD, COD and TSS 000/- the e flu
n
t ws
a
of treated effluent samples; parameters,namely, BOD, COD and TSS of
2) Ponding of waste water was observed treatedeffluent samples;
within the industry premises and
analysis result of sample shows BOD -- 2) Operationand maintenance of '
805 m/l, COD -- 1589 mg/l and TSS --
aeration tank of ETP was poor as the MLSS
151 mg/l indicating discharge of
untreated effluent; of the aeration tank was 334 mg/l'
3) Non-compliance with respect to the 3) Tertiary treatment
parameters, namely, COD and TSS of system was not in use and effluent was
treated effluent samples from lagoon. discharged from secondary clarifier
29
7. Kisan Sahkari Chini 30.11.2018 26.03.2019 21.06.2019 07.11.2019 24.01.2018
Mills Limited, Badaun to 1) No valid CTO under Water & Air Rs.40,50,00 Rs.5,70,000/- 1) Treated effluent
(U.P.) 13.04.2019 Acts and Hazardous Waste 0/- discharge is 374 l/ton which is higher than
Authorization; permissible limit (200 l/ton);
2) The unit has not made proper 2) MLSS inaeration tank was 918
boundary wall to surround the ETP area mg/l which indicates unstablished ASP
to avoid the unauthorized system operation and
encroachment and discharge of treated maintenance of ETP system;
/untreated waste water;
8. Kisan Sahkari Chini 28.11.2018 28.03.2019 24.05.2019 06.11.2019 24.01.2018
Mills Limited, Bareilly to 1) No valid CTO under Water & Air Acts Rs.1,31,40, Rs.13,80,000/- 1) Unit has bypass
(U. P.) 12.05.2019 (CTO expired on 31.12.2017); - 000/- arrangement for of
2) Spray pond overflow of unit was untreatedeffluent through drainage to
being directly discharged outside local drain. Analysis of effluent sample
premises of the unit without any collected from bypass drain showed BOD --
treatment; 656 mg/l, TSS -- 438 mg/l and COD -- 1130
3) Non-compliance with respect to the mg/l whichindicates discharge of untreated
parameters, namely, BOD and COD of effluent ;
effluent samples from lagoon.
2) Final waste water discharge is 235
l/ton which is higher than permissible
limit
30
9. Kisan Sahkari 12.11.2018 20.03.2019 23.05.2019 07.11.2019 08.03.2018
Chini Mills to 1) Non-compliance with respect to the Rs.55,20,00 Rs.15,00,000/- 1) MLSS in aeration
Limited, Najibabad 14.05.2019 parameters, namely, BOD, and COD of 0/- tank was 458 mg/I and
(U.P.) treated effluent sample; which indicates
2) Unit has not installed mechanical unstablished ASP
sludge handling system as well as colour system due topoor operation and
coding in the process pipeline;
maintenanceofETP
system;
2) Sludge drying beds were overflowing in
ETP plant
10. Kisan Sahkari Chini 25.11.2018 25.03.2019 24.07.2019 06.11.2019 01.02.2018
Mills Limited, Pilibhit To 1) The Unit was found by- Rs.1,01,40, Rs.37,20,000/- 1) The treated effluent from secondary
(U.P.) 21.04.2019 passing untreated effluent into outside 000/- clarifier outlet was found to, be
nallah; discharged directly
2) Inlet of the ETP was found with into the drain;
provisions of bypass of the untreated 2) The Unit has by- pass arrangement for
effluent to outside nallah and during untreatedeffluent from spray pond
visit bypass was observed;
overflow outsidethe premises
4) The spray pond overflow of the unit 19.12.2018
was being directly discharged outside
premises of the unit without any 1) Unit was found operations but the ETP
treatment. was foundnon- operational;
2) InletLine (Open Channel) of the ETP
was foundwith provision of bypassing
the untreated effluent to outside nallah;
3) Thespray pond verflow was being directlydischarged outside the premises of the unit without treatment.
3111. Kisan Sahkari Chini 18.11.2018 30.03.2019 06.06.2019 06.11.2019 29.01.2018 Mills Limited, To 1) Spray pond overflow was Rs. 1,40, 10, Rs. 13,20,000/- 1) Analysis of treated effluent sample shows Shahjahanpur (U. P.) 12.05.2019 discharged directly without any non-compliance with respect to BOD & treatment out side the premises; COD
2) The unit has multiple outlets for 2) Analysisof underground water Total discharge of effluent; Hardness - 270 mg/I, Ca2+ - 75.2 and
3) The unit has permission for one bore- Alkalinity - 357 mg/I, which is higher well for ground water extraction from than the permissible limit. the CGWA but has two functional bore-
well;
4) Boiler ash is dumped indiscriminately within the premises.
12. Lakshmiji Sugar Mills 01.12.2018 02.04.2019 21.06.2019 06.11.2019 09.01.2018 Co. Ltd., Raja -- ka -- To Rs.41,70,00 Rs.5,10,000/- 1) The unit does not have valid authorization Sahaspur, Bilari, 18.04.2019 1) Lagoon made forstoring treated 0/- of Hazardous Waste Management; Moradabad (U. P.) effluent was found filled with molasses; 2) The treated effluent through the pipeline
5) The unit discharges treated effluent into which opens outside into nearby a drain (near railway track) outside the drain; premises; 3) At the time of visit, the drain was found
6) Unlined /permeable lagoon was also carrying the hot effluent being observed within the unit's premises near discharged from the industrial the main gate containing diluted premises. molasses. The drain shortly opens into the Sot River which is a tributary river of River Ganga.
3213. P.B.S Foods (Sugar) 25.11.2018 18.03.2019 Rs.1,37,10,00 Rs.16,20,000/- The unit does not have provision for the Pvt. Ltd., Chandpur, To 0/- treatment of spray pond overflow. The unit District -- Bijnor (U.P.) 14.05.2019 1) Channel carrying waste water was has not installed flow meter at the overflow observed coming out of the unit's premises of the spray pond and overflow water is and discharging into nearby agricultural discharged through open drain into a fields; kachcha pond which poses threat to ground
2) The unit has not installed the spray water pollution. pond overflow treatment system
14. Rana Sugars Ltd., 15.11.2018 03.04.2019 30.05.2019 06.11.2019 07.03.2018 Rampur (U.P.) To Rs.43,80,000/ Rs.2,10,000/-
09.04.2019 1) Untreated water was found logged at - 1) The unit was in operation. However, ETP
various places inside the premises of the was non-operational at the time of
unit; inspection;
2) Inlet channel was found full and 2) The unit does not have provision for
overflowing; treatment of spray pond overflow.
3) Spray pond overflow was found mixing
with the treated effluent which is directly connected to lagoon.
3315. Rana Sugars Ltd., 14.11.2018 01.04.2019 26.04.2019 07.11.2019 Moradabad (U.P.) To & Rs.4,50,000/-
15.04.2019 1). Bypass arrangement was identified in 21.06.2019 ETP inlet line near sugar storage godown Rs.45,90,000/ which was temporarily blocked by sand -
bangs.
2). Water logging of treated/untreated effluent on open land near industry premises was observed;
3) Temporary pumping arrangement with flexible pipelines were found inside the premises having outlet in a drain parallel to Industrial premises and along the roadside;
4) An opening was found in the secondary treated water collection chamber from clarifier which can be directly discharged into outlet slump without treating it from sand and activated carbon filter;
5) The unit has unlined permeable lagoon outside the premises;
6) Leakage /overflow from spray pond was observed to be accumulating in a kachcha channel near the spray pond boundary.
3416. Rudra Bilas Kisan 30.11.2018 To 03.04.2019 12.06.2019 07.11.2019 08.03.2018 Sahkari Chini Mills 13.04.2019 Rs.40,50,000/ Rs.3,30,000/- The unit does not have provision for Ltd., Bilaspur (U.P.) 1) Treated effluent are stored in - treatment of spray pond overflow lagoon and utilized in cleaning and irrigation purposes;
2) Lagoon was found full of algae, no proper cleaning done;
17. Wave Industries Pvt. 28.11.2019 19.03.2019 06.05.2019 06.11.2019 16.01.2018 Ltd., Bijnor (U.P.) To Rs.75,60,000/ Rs.14,40,000/ Treated effluent is discharged into 12.04.2019 The unit was bypassing the - a untreated effluent from inlet channel of municipal drain by ETP to nearby land and pond in nearby the unit land;
18. Wave Industries Pvt. 26.11.2018 19.03.2019 14.06.2019 07.11.2019 05.02.2018 Ltd., Bulandshahr To Rs.1,13,70,00 Rs.8,40,000/- (U.P.) 15.04.2019 The unit has not obtained valid consent to 0/- The unit was operational. However, operate under Water Act, 1974 and Air Act, ETP was functional and treated effluent was 1981. not flowing from outlet of ETP.
Therefore, lagoon was empty and sample could not be taken from outlet of ETP due to non- availability of treated water 35
19. Wave Industries Pvt. 25.03.2019 24.06.2019 28.11.2019 30.01.2018 Ltd., Dhanaura, J.P. A channel was found before inlet which Rs.32,10,0 Nil 1) Huge amount of water logging was found Nagar (U.P.) should be emptied and 00/- just outside the boundary wall of the dismantled and waste water should be (30.01.201 industry in an unlined pool, on the north-
treated through ETP 8 to west side, this area has an opening of
16.05.2018) pipelines coming from ETP, which as per
For crushing industry representative is meant for
season 2017- irrigation purposes:
18 2) Analysis of sample collected from unlined
pool adjacent to boundary wall as found
non-compliant with respect to BOD, COD
and TSS parameters.
36
20. Mawana Sugar Mills, 04.01.2018 26.03.2019 21.06.2019 22.11.2019 04.01.2018
Mawana, (UP) To Rs. Nil 1) the unit does not have provision for the
16.05.2019 The unit has open pipeline system for 39,90,000/- treatment of spray pond overflow;
transferring effluent to the ETP and some 2) The unit was bypassing the untreated
effluent was seen accumulate in the sugar effluent from the process into the drain
cane field near the ETP inlet drain. outside the premises of the unit in the front
gate of the unit
28.02.2018
Bypass arrangements opening into outside drain (Municipal Drain was found blocked/closed at the time at inspection.
However, an open unlined drain was observed which was opening outside boundary of industry situated around 150- 200 meters from Ram Mandir towards the rear side boundary wall in the industry premises and was found discharging into the Mawana drain passing through the field.
21. U.P. State Sugar 11.11.2018 02.04.2019 06.05.2019 07.11.2019 Corporation Ltd. To The unit was bypassing the untreated Meerut (UP) 15.05.2019 effluent from ETP inlet channel and Rs. Rs. 8,70,000/-
equilisation tank of ETP to the adjacent 90,60,000/- drain (Shekhpur drain) which meet Kadrabad drains and ultimately falls into the East Kali 37
9. We have heard learned Counsel for the parties appearing before us.
Learned Counsel for the applicant submitted that there is large scale violation of Environmental Law as shown by the above table but on account of collusion of the State PCB, no effective steps are taken.
10. Learned Counsel for the State PCB states that according to the understanding of the State PCB, if somebody has applied for extraction of ground water, earlier NOC continues. In the present case, the earlier NOC was upto 02.05.2019 and the unit applied for extension on 04.04.2019 and on that account no action has been taken for illegal extraction of ground water. Reliance has been placed on Notification dated 24.09.2020 issued by the Ministry of Jal Shakti stating as follows:-
"11(vi). If the application for renewal is submitted in time and the CGWA/the respective State/UT Authority is unable to process the application in time, No Objection Certificate shall be deemed to be extended till the date of renewal of No Objection Certificate."
11. As against above, learned Counsel for the applicant submits that this Tribunal has specifically held that ground water can be allowed to be extracted only in the light of water availability data and if water level is at safe levels. No general permission can be granted without evaluation and by default. In this regard, reliance has been placed on the order of this Tribunal dated 20.07.2020 in Original Application No. 176/2015, Shailesh Singh v. Hotel Holiday Regency, Moradabad & Ors. as follows:-
"1 to 38..xxx...............................xxx..................................xxx
39. In the light of the above discussion, we direct as follows:
a. MoJS may ensure requisite manning and effective functioning of CGWA so as to ensure sustainable ground water management 38 in terms of the Hon'ble Supreme Court mandate by which CGWA was created.
b. Let CGWA and MoJS comply with the directions of this Tribunal in orders dated 3.1.2019, 7.5.2019 and 11.9.2019, to have a meaningful regulatory regime and institutional mechanisms for ensuring prevention of depletion and unauthorized extraction of ground water and sustainable management of groundwater in OCS areas. Regard must be had to water availability and safe levels to which its drawal can be allowed, especially for commercial purposes, based on available and assessed data in each "Assessment unit". Procedures for assessment of individual applications and institutional mechanism may be clearly laid down.
c. As per orders dated 3.1.2019, undertaking an impact study in light of projected data for the next 50 years (in phased manner with action plan decade-wise).
d. There must be no general permission for withdrawal of ground water, particularly to any commercial entity, without environment impact assessment of such activity on individual Assessment units in cumulative terms covering carrying capacity aspects by an expert committee. Such permission should as per Water Management Plans to be prepared in terms of this order based on mapping of individual assessment units. Any permission should be for specified times and for specified quantity of water and not in perpetuity, and be necessarily subject to digital flow meters which cannot be accessed by proponents, with mandatory annual calibration by authorized agency at proponents' cost. An annual review by independent and expert evaluation must audit and record ground water levels as well as compliance with the conditions of the permission. Such audits must be published online for transparency and to track compliance and year-on-year change in ground water levels, and swift action taken against those who fail audit, including withdrawal of permission, blacklisting, initiation of prosecution and recovery of deterrent compensation as per CPCB regime. Records must be maintained online and for a sufficient and reasonable time.
e. As observed in para Error! Reference source not found.(a) and Error! Reference source not found.(a) above, all OCS assessment units must undergo water mapping. Water Management Plans need to be prepared for all OCS assessment units in the country based on the mapping data, starting with Over-exploited blocks. The Water Management Plans, data on water availability or scarcity and policy of CGWA must be uploaded on its website for transparency and public involvement. Such exercise may be done expeditiously, preferably within next three months."
12. In view of above, learned Counsel for the applicant submitted that no order to the contrary can prevail in view of Section 33 of the National 39 Green Tribunal Act, 2010 under which the order of this Tribunal has overriding effect over any other order issued under any other law. No executive order can annul the orders of the Tribunal which are binding, unless set aside by a higher Judicial forum. The direction of this Tribunal under section 15 read with Section 20 of the NGT Act, 2010 is binding on the Ministry of Jalshakti which has to be followed by the State PCB. Moreover, the principle of sustainable development will have no value if ground water is allowed to be extracted merely on account of pendency of an application without evaluation of availability of adequate ground water and compliance of conditions which may be necessary to be laid down. This will also be failure of directions of the Hon'ble Supreme Court requiring the CGWA to regulate extraction of groundwater. We find merit in the contention.
13. Accordingly, we direct the State PCB to take further appropriate action by way of prohibiting any activity in violation of law, initiating prosecution and recovering compensation as per applicable norms, following due process of law. The State PCB may also respond to the IA filed by the applicant with particulars in the table annexed to the application, reproduced above and file an action taken report before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
The CPCB and State PCB may undertake necessary inspection for the purpose.
List for further consideration on 11.02.2021.
40A copy of this order be forwarded to the CPCB, the State PCB, the Secretary, Ministry of Jal Shakti and the CGWA by e-mail for compliance.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. S.S. Garbyal, EM Dr. Nagin Nanda, EM November 09, 2020 Original Application No. 539/2019 A 41