National Green Tribunal
Kaushal Kishore Vishwakarma vs State Of Punjab & Ors on 28 August, 2024
Item No.3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No.620/2022
Kaushal Kishore Vishwakarma ...Applicant
Versus
State of Punjab & Ors. ...Respondents
Date of hearing:- 28.08.2024.
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None for the applicant.
Respondents: Mr. Vivek Kohli, Senior Advocate with Mr. Juvas
Rawal and Ms. Bhavya Bhatia, Advocates for
respondents No. 4, 7 and 10(through VC).
Mr. Rahul Khurana, Advocate for respondent no. 6-
HSPCB (through VC)
Ms. Nidhi Jaswal, Advocate for respondent no. 8-
MoEF (through VC).
Application is registered based on a letter petition received by Post.
ORDER
1. Mr. Kaushal Kishore Vishwakarma has sent to this Tribunal by post the present letter petition, which has been treated and registered as Original Application, complaining about violation of environmental norms in handling of carbon and hazardous waste with prayer for taking of O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
2 appropriate steps for saving the lives of the labourers and protection and improvement of the environment.
2. Briefly stated, the applicant has submitted that he had been employed as daily labourer during March-April, 2022 by Mr. Lallan, Contractor who was working for Mr. Jagtar Walia and Mr. Napinder Singh. The applicant was told that the above said persons were working on behalf of MC Baljinder Singh and name of the company was Carbo- Chem Industries. He was assigned the work of drying carbon, packing the same in the bags and loading/unloading the same for transportation to the godown in front of Central University, Mansa Road, Bathinda. After vacating the Mansa Road godown the above said persons have stored the carbon in the godowns situated in front of Maharaja Ranjit Singh College on Badal Road and in village Dunewal, Sangat Mandi, Bathinda. When the applicant had problem in breathing and developed rashes on his skin, the above said persons paid an amount of Rs. 2,000/- to him through Mr. Lallan and asked him to leave for his village and threatened him with dire consequences, if he told any person about his medical problems. The applicant left Bathinda and contacted a lady working for Jan Vikas Society, who told him that O.A. No. 72/2019 had been filed before this Tribunal.
3. Vide order dated 01.11.2022, the State of Punjab through Chief Secretary, Government of Punjab, the Punjab State Pollution Control Board (PSPCB), the District Magistrate, Bathinda and the Project Proponent- M/s. National Fertilizer Ltd. Plant, Bathinda were impleaded as respondents no. 1 to 4 and notices were ordered to be issued to them. O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
3
4. Reply has been filed by respondent no. 2-PSPCB vide email dated 15.02.2023. In its reply, the respondent no. 2-PSPCB has summarized the facts of the case in O.A no. 72 of 2019 titled as Rakesh Singh v/s State of Punjab & Ors. action taken and compliance made with the orders passed by this Tribunal as under:-
"a) That the issue for consideration in O.A no. 72 of 2019 titled as Rakesh Singh v/s State of Punjab was the remedial action against storing of hazardous waste by M/s Carbon Chemical Industries at Bathinda, Punjab in violation of the Hazardous Waste Management Rules, 2016.
b) Vide order dated 26.2.2019, this Hon'ble Tribunal directed the Punjab State Pollution Control Board to furnish a factual and action taken report in the case. A report was furnished vide e-mail dated 5.4.2019 to the effect that huge quantity of carbon slurry was lying stored at the site and tentative quantity appeared to be 3470 tones. A copy of order dated 26.2.2019 passed by the Hon'ble Tribunal in O.A No. 72 of 2019 is enclosed as Annexure-A.
c) The report of the Punjab State Pollution Control Board was duly considered by this Hon'ble Tribunal vide order dated 3.7.2019. In view of violation of Hazardous Waste Management Rules, the Hon'ble Tribunal issued directions for the constitution of a Joint Committee comprising of Central Pollution Control Board and State Pollution Control Board to assess and recover compensation and furnish a compliance report. A sum of Rs. 10 Lakhs was directed to be collected as an interim compensation. A copy of order dated 3.7.2019 passed by the Hon'ble Tribunal in O.A No. 72 of 2019 is enclosed as Annexure-B.
d) The Joint Inspection Report has been filed on 4.9.2019 to the effect that compensation has been duly assessed. A copy of Joint Inspection Report filed in O.A No. 72 of 2019 is enclosed as Annexure-C.
e) The report of the Joint Committee was considered by the Hon'ble Tribunal and vide order dated 13.9.2019 directions were issued for recovery of the compensation in accordance with Law and filing of a compliance report by e-mail at [email protected]. A copy of order dated 13.9.2019 passed by the Hon'ble Tribunal in O.A No. 72 of 2019 is enclosed as Annexure-D.
f) In compliance to order dated 13.9.2019, report was filed before the Hon'ble Tribunal on 20.11.2019 that remedial action has been taken. In view of the facts of the case, the Original Application No. 72 of 2019 titled, as Rakesh Singh O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.4
v/s State of Punjab was disposed of by the Hon'ble National Green Tribunal vide order dated 17.1.2020. A copy of order dated 17.1.2020 is enclosed as Annexure-E.
5. In its reply respondent no. 2-PSPCB has also mentioned the point wise compliance of the recommendations of the Joint Committee in annotated form as under:-
S. Recommendations Compliance
No.
1 The industry shall operate The consent to operate under the
only after obtaining Consent provisions of the Water (Prevention and
under Air (Prevention and Control of Pollution) Act, 1974 and Air'
Control of Pollution) Act, 1981 (Prevention and Control of Pollution) Act, and Water (Prevention and 1981 is not applicable as industry was Control of Pollution) Act, not processing any raw material to 1974, as applicable and produce any product and was only Authorization under engaged in transportation of carbon Hazardous and Other residue.
Wastes (Management and Trans-boundary Movement) Rules, 2016.
2 The industry shall apply The industry has obtained under Rule 9 of HOWM Rules authorization under the provisions of for pre-processing of carbon HOWM Rules, 2016 from the Punjab slurry as per the provisions Pollution Control Board for transportation of HOWM Rules, 2016. of carbon residue @ 3500 Ton vide letter no.
HWM/Fresh/BTI/2019/11732324 dated 20.12.2019, valid upto 31.12.2020.
3 The industry shall provide The display board had been provided in display board out the factory the premises of the industry as observed premises in accordance the by the officers of the Board during visit to orders dated 14/10/2003 of the industry on 20.11.2019. Later on, the the Hon'ble Supreme Court industry had shifted the remaining carbon passed in the matter of WP residue @ 2944.59 Ton at newly NO. 657/1995; Research established environmentally sound Foundation for Science premises at Badal Road, Bathinda, for Technology and National which the industry has obtained fresh Resource Policy Versus Union authorization from the Punjab Pollution of India & Anr.
Control Board vide letter no.
HWM/Fresh/BTI/ 2022/18547006 dated 05.07.2022 valid upto 04.07.2023 for transportation of carbon residue to the actual user i.e., M/s Shubham Sales Co., 5.30 KM Mile Stone, Bhiwani Road, Rohtak (Haryana). The industry had closed its premises at Mansa Road, Bathinda after obtaining permission from the Board for its new premises.
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
5 4 The industry shall provide The industry had shifted the remaining covered storage shed for carbon residue @ 2944.59 Ton from processed and unprocessed Mansa Road, Bathinda to its newly carbon slurry within 03 established environmentally sound months. Such storage and (covered shed) premises at Badal Road, processing area shall have Bathinda, for which the industry has impervious lined floor. obtained fresh authorization from the Board vide letter no.
HWM/Fresh/BTI/2022/18547006 dated 05.07.2022 valid upto 04.07.2023 for transportation of carbon residue to the actual user i.e., M/s Shubham Sales Co., 5.30 KM Mile Stone, Bhiwani Road, Rohtak (Haryana).
5 The industry may be directed The industry has obtained authorization not to sell/trade/transport from the Punjab Pollution Control Board the stored Carbon Slurry i.e. vide letter no. HWM/Fresh/BTI/2022/ Hazardous Waste category 18547006 dated 05.07.2022 valid upto 18.2 which is approx. 3470 04.07.2023 for transportation of carbon ton without the prior residue to the actual user. permission of Punjab PCB.
6. Punjab PCB shall levy and The industry has deposited Rs. 15.21 lacs collect (i) financial penalty of (Rs.9,00,000/- +Rs. 6,21,000/-) with the Rs.09 Lacs for the observed Punjab Pollution Control Board vide DD violations by enforcing Rule no. 039968 dated 07.11.2019 vide 23(2) of the HoWM Rules, Receipt no. 33/5096 dated 08.11.2019 in 2016, in accordance with compliance to the orders of the Hon'ble "Guidelines on Implementing National Green Tribunal.
Liabilities for Environmental
Damages due to Handling &
Disposal of Hazardous
Wastes and Penalty'
published by CPCB, (ii) apart
from the above financial
penalty, Environmental
Compensation of Rs.
6,21,000/- shall also be
recovered for the damages
caused to the environment.
6. Respondent no. 2-PSPCB has accordingly submitted that in view of the fact that compliance of order dated 17.01.2020 passed by this Tribunal in O.A No. 72 of 2019 has been duly made by PSPCB and the Project Proponent in question, the present application has become infructuous.
7. Reply has also been filed by respondent no. 4-NFL, Bathinda, vide email dated 27.02.2023. In its reply respondent no. 4-NFL, Bathinda has submitted that no allegations have been made against NFL, Bathinda in the OA which has become infructuous in view of compliance and O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
6 payment of compensation. No lifting of carbon slurry was done by any contractor of NFL Bathinda during March and April 2022. Sale order was issued to M/s Shubham Sales Company, Rohtak on 21.06.2022 for disposal of entire available carbon slurry quantity of 39,600 MT. Till date M/s Shubham Sales Company, Rohtak has already lifted 1342.890 MT of carbon slurry and presently lifting of carbon slurry is not being done due to non-deposition of contractual amount by M/s Shubham Sales Company, Rohtak. From year 2013 onwards, due to shifting of type of fuel being used for manufacturing of Urea from LSHS to Natural Gas, no carbon slurry was produced. The carbon slurry which was already produced is being disposed of by awarding the contracts to authorized parties. During the period carbon slurry remained in the premises of NFL, the carbon slurry is kept in isolated place which is specifically designated for storage of carbon slurry and same is being maintained properly. Proper distance of storage facility from public at large has been maintained so that there may not be any loss of health during loading or unloading.
8. In view of the averments made in reply of respondent no. 4-NFL, Bathinda, this Tribunal, vide order dated 03.03.2023, impleaded M/s Shubham Sales Company, Rohtak and Haryana State Pollution Control Board (HSPCB) as respondents no. 5 and 6 and ordered issuance of notices to them.
9. Pursuant to order dated 03.03.2023 replies have been filed by respondent no. 5-M/s Shubham Sales Company, Rohtak vide email dated 25.05.2023 and respondent no. 6- HSPCB vide email dated 29.05.2023.
10. In its reply respondent no. 5-M/s Shubham Sales Company, Rohtak has submitted that respondent no. 5 is not having go-down in O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
7 Bathinda and has installed its plant for the processing of the carbon slurry at Rohtak, Haryana after obtaining consent to establish, consent to operate and necessary authorizations under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 from Regional Office of HSPCB and CPCB by complying with the CPCB Guidelines for Processing, Handling, Transporting and Collecting Hazardous Waste. Respondent no. 5 has also obtained permission from PSPCB for inter-state transportation of hazardous waste. No lifting was ever effected by respondent no. 5 from NFL Bathinda, during the month of April 2022, work pertaining to the contract of respondent no. 5 with NFL Bathinda began in the month of July 2022. Respondent no. 5 has lifted 1342.890 Metric Tonnes only of carbon slurry from NFL Bathinda which has been transported and processed at its facility at Rohtak and the same has been sold out to the actual users for further utilisation.
11. In its reply respondent no. 6-HSPCB has submitted that respondent no.5-M/s Shubham Sales Co. is engaged in manufacturing of Carbon mineral/Powder from spent carbon/carbon slurry. The Spent Carbon is pumped from the collection pit to mixing vessel/slurry preparation tank (where spent carbon is mixed with water). This carbon slurry mixed with water is injected from the slurry preparation tank through pipeline into the reactor. Temperature not less than 20000C is being maintained in the reactor. After pulverizing the Material received from reactor, final product carbon black powder gets ready which is being sold in rubber and tyre industries. The spent carbon is listed at SI. No.18.2 of Schedule-I of the Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016. The unit has obtained Consent to Operate under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 valid upto O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
8 30.09.2024. It has also obtained authorization under the Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016. The unit was inspected on 27.04.2023. The samples of air emissions and treated effluent were taken for analysis. As per analysis report dated 02.05.2023, air emission were found within prescribed limits. As per analysis report dated 03.05.2023, treated effluent was found within prescribed limits. The unit has made agreement with Common Hazardous Waste Treatment, Storage, and Disposal Facility (TSDF) Gujarat Enviro Protection & Infrastructure Ltd (GEPIL) for scientific disposal of hazardous waste generated from the processing of spent carbon.
12. Vide order dated 03.03.2023 respondent no. 2-PSPCB was directed to file an affidavit furnishing information regarding utilization of the amount of Rs. 15,21,000/- which was imposed on and realized from M/s. Carbon Chemical Industries at Bathinda, Punjab.
13. PSPCB filed reply vide email dated 29.05.2023. In its reply, respondent no. 2-PSPCB has submitted that the industry deposited environmental compensation of Rs. 15.21 Lakh vide D.D dated 07.11.2019. In compliance of order dated 21.10.2022 passed by this Tribunal in M.A. No. 74 of 2022 in O.A. No. 976 of 2019, the Government of Punjab constituted a High Power Committee vide notification no. 10/01/2O23-STE(2)/03 dated 03.01.2023. The first meeting of the High Power Committee was held on 05.01.2023 to discuss the utilization of Environmental Compensation funds. The High Power Committee observed that the total Environmental Compensation accrued with the PSPCB till 31.03.2022 was Rs.13.8 Crores and decided to allocate Rs. 12 crores for setting up of mechanized MRF Centre of M.C Jalandhar by Punjab Municipal Infrastructure Development Company O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
9 (PMIDC) and Rs. 1.8 Crores for upgradation / strengthening of Environmental Monitoring Laboratory by Punjab Bio Technology Incubator (PBTI), Mohali. In compliance to the decisions of the High Power Committee, PSPCB vide office order no. 98 dated 09.03.2023 released the amount of Rs. 12.0 Crore to the Chief Executive Officer, Punjab Municipal Infrastructure Development Company and vide office order no. 99 dated 09.03.2023 released the amount of Rs. 1.8 to Punjab Bio Technology Incubator, Mohali.
14. Vide order 30.05.2023, respondent no. 4-NFL Bathinda was directed to file an affidavit as to whether any carbon residue is now lying in its premises and what further action has been taken for its safe disposal.
15. Thereafter, vide order dated 04.10.2023 respondent no. 4 was directed to file an affidavit giving complete details regarding storage of hazardous waste-carbon slurry and measures taken for safe disposal thereof with status of implementation of the same and also its response to submission of learned counsel for respondent no.5. Respondent no. 5 was also directed to file affidavit mentioning in detail the steps taken for disposal of carbon slurry already lifted by it and its action plan for lifting, processing and disposal of remaining carbon from NFL, Bathinda in terms of the above said sales order.
16. In the course of hearing learned counsel for respondent no. 5 mentioned that there is some storage of hazardous waste-carbon slurry by NFL, Panipat also and in view thereof National Fertilizers Ltd. (NFL), Panipat was impleaded as respondent no. 7 and notice was ordered to be issued to respondent no. 7 requiring the same to file its response, with O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
10 regard to status of storage/disposal of hazardous waste-carbon slurry by it.
17. Respondent no. 4-NFL, Bathinda filed replies vide emails dated 31.07.2023, 03.10.2023 and 23.11.2023 and respondent no. 7-NFL Panipat filed reply vide email dated 23.11.2023.
18. This Tribunal considered presence of MoEF & CC and CPCB and NFL, Nangal regarding issuance of guidelines and monitoring mechanism for monitoring storage and disposal of hazardous waste of carbon slurry by similar industries and National Fertilizers Ltd. (NFL), Nangal for verifying the factual position regarding storage and disposal of carbon slurry in its plant and apprising this Tribunal about the practices adopted for disposal thereof and impleaded them as respondents no. 8 to 10 and ordered issuance of notices to them vide order dated 24.11.2023.
19. Replies were filed by respondent no. 10- NFL, Nangal vide email dated 03.01.2024, by respondent no. 9-CPCB vide email dated 05.01.2024 and by respondent no. 8-MoEF & CC vide email dated 20.02.2024.
20. This Tribunal observed in its order dated 08.01.2024 that a perusal of reply affidavit filed by respondent no. 9-CPCB showed that Gujarat Narmada Valley Fertilizers and Chemical Ltd. at serial no. 8 in list annexure III is generating 2000 MTA carbon slurry while Hindustan Urvarak and Rasayan Ltd. at serial no. 12 thereof had not provided any information to the CPCB and that list annexure III was prepared on the basis of information provided by 38 units that responded to the communications made by CPCB. Respondent no. 9-CPCB was directed to obtain the requisite information from Hindustan Urvarak and Rasayan O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
11 Ltd. at serial no. 12 in list annexure III and also to direct SPCBs/UTPCCs to verify the factual position regarding storage and disposal of carbon slurry in its plant by any similar industries in their jurisdiction.
21. In compliance thereof CPCB filed status note vide email dated 21.02.2024.
22. This Tribunal also noticed in its order dated 08.01.2024 that respondent no. 4-NFL, Bathinda and respondent no. 7-NFL, Panipat had not filed upto date status reports and action plans and directed them to file Action Taken Reports/Action Plan with all requisite details.
23. In compliance thereof affidavits were filed by respondents no. 4 and 7 vide email dated 16.02.2024. Additional report was filed by respondent no. 7 vide email dated 07.03.2024.
24. This Tribunal also noticed in its order dated 08.01.2024 that despite unjustified continued storage of carbon slurry by respondents no. 4 and 7 and also inaction/delay on their part in disposal thereof in accordance with mandatory statutory provisions, no action has been taken by PSPCB and HSPCB for imposition of environmental compensation and also prosecution of the defaulting officers/officials and PSPCB and HSPCB were directed to initiate appropriate proceedings for imposition of environmental compensation and prosecution of the defaulting officers/officials in accordance with law and file Action Taken Report.
25. In compliance thereof replies were filed by PSPCB and HSPCB vide separate emails dated 20.02.2024.
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
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26. The replies/responses filed by the respondents as mentioned above will be referred to in requisite detail in later part of this order.
27. None has appeared for the applicant and respondents no. 1 to 3 during hearing of the case.
28. We heard arguments addressed by the learned Counsel for the respondents no. 4, 5 and 6 and reserved order on 13.03.2024.
29. However, while going through the material on record we found that relevant information material to adjudication of the questions involved in the present case has not been placed on record and relisting of the matter for further hearing was necessary on which the matter has been relisted for further hearing/directions.
30. On due consideration of the submissions made and perusal of the material on record we are of the considered view that in view of serious non-compliance with the environmental laws/norms regarding management, storage and disposal of Hazardous waste, the scope of the present proceedings is required to be widened and intervention by this Tribunal by issuance of remedial directions and continuous monitoring of compliance is necessitated and scope of the proceedings is widened accordingly.
The Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016
31. In exercise of the powers conferred by sections 6, 8, and 25 of the Environment (Protection) Act, 1986, the erstwhile Ministry of Environment and Forests, New Delhi vide G.S.R No. 395 (E) dated 04.04.2016 notified, the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
13
32. As provided by Rule 2 the Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016 apply to the management of hazardous and other wastes as specified in the Schedules to above said Rules.
33. However, as provided by Rule 2 the Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016 do not apply to:-
"(a) waste-water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder and as amended from time to time;
(b) wastes arising out of the operation from ships beyond five kilometres of the relevant baseline as covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and the rules made thereunder and as amended from time to time;
(c) radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and the rules made thereunder and as amended from time to time;
(d) bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act and as amended from time to time; and
(e) wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act and as amended from time to time."
34. Rule 3 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 contains the definitions. Rule 3 (1) (17) thereof defines hazardous waste while Rule 3 (1) (23) defines other wastes.
35. Rule 3 (1) (17) of the Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016 read as under:-
"3.(1)(17). 'Hazardous waste' means any waste which by reason of characteristics such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger or is likely to cause danger to health or environment, whether alone or in contact with other wastes or substances, shall include- O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.14
(i) Waste specified under Column (3) of Schedule I;
(ii) Waste having equal to or more than the concentration limits specified for the constituents in class A and class B of Schedule II or any of the characteristics as specified in class C of Schedule II; and
(iii) wastes specified in Part A of Schedule III in respect of import or export of such wastes or the wastes not specified in Part A but exhibit hazardous characteristics specified in Part C of Schedule III.
36. Rule 3 (1) (23) of the Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016 read as under:-
"3.(1) 23. 'Other wastes' means wastes specified in Part B and Part D of Schedule III for the purpose of import and export and include such indigenously produced wastes as may be notified from time to time. (As amended vide Notification G.S.R. 798(E) dated 12th November, 2021)."
37. Rules 4 to 10 in Chapter II of the above said rules lay down the procedure for management of hazardous and other wastes. Rule 4 lays down the responsibilities of the occupier for management of hazardous and other wastes while Rule 5 lays down the responsibilities of State Government for environmentally sound management of hazardous and other wastes. Rule 6 provides for grant of authorisation for managing hazardous and other wastes by State Pollution Control Board while Rule 7 confers power to suspend or cancel the authorization. Rule 8 contains the provisions regarding storage of hazardous and other waste while Rule 9 provides for utilization of hazardous and other wastes. Rule 10 lays down standard operating procedure or guidelines for actual users. Chapter III containing Rules 11 to 15 makes provisions regarding import and export of hazardous wastes. Chapter IV contains Rule 16 which provides for treatment, storage and disposal facility for hazardous and other wastes. Chapter V (Rules 17 to 19) deals with packaging, labelling and transport of hazardous and other wastes. Rule 17 provides for O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
15 packaging and labelling while Rule 18 provides for transportation of hazardous and other wastes and Rule 19 lays down manifest system (Movement Document) for hazardous and other waste to be used within the country only. Chapter VI embodies the miscellaneous provisions and Rule 20 provides for record and return. Rule 21 lays down responsibility of authorities. Rule 22 provides for reporting of accidents. Rule 23 provides for liability of occupier, importer or exporter and operator of a disposal facility. Rule 24 provides for appeal.
38. Rule 4 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 reads as follows:-
"4. Responsibilities of the occupier for management of hazardous and other wastes.-
(1) For the management of hazardous and other wastes, an occupier shall follow the following steps, namely:-
(a) prevention;
(b) minimization;
(c) reuse,
(d) recycling;
(e) recovery, utilisation including co-processing;
(f) safe disposal.
(2) The occupier shall be responsible for safe and environmentally sound management of hazardous and other wastes.
(3) The hazardous and other wastes generated in the establishment of an occupier shall be sent or sold to an authorised actual user or shall be disposed of in an authorised disposal facility.
(4) The hazardous and other wastes shall be transported from an occupier's establishment to an authorised actual user or to an authorised disposal facility in accordance with the provisions of these rules.
(5) The occupier who intends to get its hazardous and other wastes treated and disposed of by the operator of a treatment, storage and disposal facility shall give to the operator of that facility, such specific information as may be needed for safe storage and disposal.
(6) The occupier shall take all the steps while managing hazardous and other wastes to-
(a) contain contaminants and prevent accidents and limit their consequences on human beings and the environment; and
(b) provide persons working in the site with appropriate training, equipment and the information necessary to ensure their safety."
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
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39. Rule 8 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 reads as follows:-
"8. Storage of hazardous and other wastes.- (1) The occupiers of facilities may store the hazardous and other wastes for a period not exceeding ninety days and shall maintain a record of sale, transfer, storage, recycling, recovery, pre- processing, co-processing and utilisation of such wastes and make these records available for inspection:
Provided that the State Pollution Control Board may extend the said period of ninety days in following cases, namely:-
(i) small generators (up to ten tonnes per annum) up to one hundred and eighty days of their annual capacity;
(ii) actual users and disposal facility operators up to one hundred and eighty days of their annual capacity,
(iii) occupiers who do not have access to any treatment, storage, disposal facility in the concerned State; or
(iv) the waste which needs to be specifically stored for development of a process for its recycling, recovery, pre- processing, co-processing or utilisation;
(v) in any other case, on justifiable grounds up to one hundred and eighty days."
Spent Carbon/Carbon Residue/Carbon Slurry falls in the category of Hazardous Waste
40. Schedule I to the Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016 contains the 'List of Processes Generating Hazardous Wastes'. Carbon residue generated in the process of production of nitrogenous and complex fertilizers is categorized as hazardous waste at serial no. 18.2 in the above said list.
41. In the present case it is not disputed by respondent no. 4-NFL, Bathinda, respondent no. 7-NFL, Panipat and respondent no. 10-NFL, Nangal that carbon slurry which is subject matter of the grievances in the present original application falls in the category of hazardous waste at serial no. 18.2 in the list of Processes Generating Hazardous Wastes contained in Schedule I of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
17 Compliance with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
42. The material placed on record shows that respondents no. 4-NFL, Bathinda and 7-NFL, Panipat started their commercial production in the year 1979 and respondent no. 10-NFL, Nangal started its commercial production in the Year 1978. They used Fuel Oil ("FO") / Low Sulphur Heavy Stock ("LSHS") as feedstock for the production of Urea from 1979 till November, 2012. The Plants were based on the partial oxidation of Fuel Oil by the Shell Gasification process with the help of oxygen and steam at 55 kg/cm2 at a temperature of 1350 degrees Celsius. During the partial oxidation of Fuel Oil, which was an energy-intensive process, carbon was generated due to inevitable thermal cracking. The carbon so generated was removed from the raw gas by water and collected in a carbon separator called "Carbon Slurry", a mixture of carbon and water. As per the design, about 80% of the generated carbon was recycled back to the process in the form of carbon oil as feed through the carbon recovery unit, while the balance quantity was sent as Carbon Slurry to the separate designated brick-lined Carbon Slurry Ponds. In an endeavor to keep in pace with clean technology and with a commitment to sustainable development, the Plants were restructured by respondents no. 4-NFL, Bathinda and 7-NFL, Panipat in November, 2012 and by respondent no. 10-NFL, Nangal in February, 2013. The feedstock was replaced from LSHS to Natural Gas, which not only reduced the specific energy per metric ton of urea, but also lowered the carbon footprint. The change of feedstock from Fuel Oil to Natural Gas also annulled the generation of carbon slurry as a by-product. As a result, there was no generation of carbon slurry by respondents no. 4-NFL, Bathinda and 7- NFL, Panipat at their Plants since 2012 and by respondent no. 10-NFL, O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
18 Nangal at its Plant since 2013. It is stated that leftover carbon slurry amounting to approximately 53100 metric ton was stored in NFL, Bathinda, leftover carbon slurry amounting to approximately 85000 metric ton was stored in NFL, Panipat and left over carbon slurry amounting to approx. 9800 MT (inclusive of water) in the designated carbon slurry ponds after following all the rules, regulations, guidelines and taking all necessary precautions.
43. It may be observed here that "carbon residue in production of nitrogenous and complex fertilizers" was categorized as "Hazardous Waste" at serial number 18.2 in the list of Processes Generating Hazardous Waste in Schedule I of the Hazardous Waste (Management and Transboundary Movement) Rules, 2016.
Compliance by Respondent no. 10-NFL, Nangal
44. Vide order dated 24.11.2023 NFL, Nangal was impleaded as respondent no. 10 to verify the factual position regarding storage and disposal of carbon slurry by it and apprising this Tribunal about the practices adopted for disposal thereof.
45. In its reply filed vide email dated 03.01.2024 respondent no. 10- NFL, Nangal has mentioned that respondent no. 10-NFL, Nangal has disposed of the entire quantity of Carbon Slurry stored at its Ponds, in accordance with the said Rules and other Regulations as issued by the Government of India from time to time. The relevant part of the reply reads as under:-
"E-auction for disposal of Carbon Slurry according to the said Rules O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.19
10. As per the said Rules, Carbon Slurry could only be lifted by 'intermediaries' -- i.e., processors -- from the Ponds and could not be sold to consumers / industries directly. Furthermore, only valid authorized parties registered with the Central Pollution Control Board (hereinafter referred to as "CPCB") or the concerned State Pollution Control Board (hereinafter referred to as "SPCB") could participate in the tendering process.
11. Accordingly, E- Auction No. MSTC/ NRO/ NATIONAL FERTILIZERS LIMITED/ 16/ NFL NAYA NANGAL/ 16-17/ 17532, dated 07.02.2017, was conducted by Metal Scrap Trade Corporation Limited (hereinafter referred to as "MSTC") on behalf of the Respondent No.10 on an 'as is where is basis', for the lifting / sale / removal of Carbon Slurry from the three ponds of the Respondent No.10. The E-auction was conducted on the basis of a report submitted by an outside agency -i.e., Projects and Development India Limited ("PDIL").
12. A total of three (3) bidders participated the E-auction as under:
S. No. Name of the Bidders
1. Carbo Chem Industries, Bathinda
2. Super Trading Corporation, Bathinda
3. Rohtak Wire and Hardware Store, Delhi
13. The H-1 Bidder was Carbo Chem Industries, Bathinda. In furtherance of the same, the Acceptance Letter was issued by MSTC on 28.07.2017, on behalf of the Respondent No. 10.
14. Thereafter, Carbo Chem Industries, Bathinda started lifting the material at Respondent No.10's Plant from 03.10.2020 onwards and successfully finished the lifting of the Carbon Slurry by 31.12.2022.
15. It is humbly submitted that the Respondent No.10 has disposed-off the entire quantity of Carbon Slurry stored at its Ponds, in accordance with the said Rules and other Regulations as issued by the Government of India from time to time. At present there is no quantity of carbon slurry at the premises of Respondent No.10."
Compliance by respondent no. 4-NFL, Bathinda and respondent no. 7-NFL, Panipat
46. In their reply respondents no. 4 and 7 have mentioned that prior to the notification of Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016 carbon slurry was sold in the open market as an industrial product for industries like ink manufacturers, paint manufacturers retreated tyres, etc. and after the O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
20 notification of the said Rules, the respondents no. 4 and 7 have been following the rules, regulations, etc. for safe and environmentally sound management of hazardous waste at its unit. In their respective reply respondents no. 4 and 7 have also mentioned the steps taken for (i) storage and management of carbon slurry and (ii) disposal of the carbon slurry.
47. The relevant part of the reply filed vide email dated 16.02.2024 by respondent no. 4 regarding (i) storage and management of carbon slurry and (ii) disposal of the carbon slurry reads as under:-
"Affidavit of Respondent-4, NFL, Bhatinda HEAD C : STORAGE AND MANAGEMENT OF CARBON SLURRY
16. Since the notification of the said Rules, the Respondent No.4 has been following the required rules, regulations, etc. for safe and environmentally sound management of carbon slurry at its Unit.
17. Rule 4 of the said Rules lays down the responsibilities of the occupier for management of hazardous and other wastes. Rule 3 (21) defines occupier as "...a person who has control over the affairs of the factory or the premises and includes in relation to any hazardous and other wastes, the person in possession of the hazardous or other waste."
18. Thus, in the present case, the Respondent No.4 is the "occupier" of the carbon slurry and its duties are envisaged under the Rule 4, which is produced hereinbelow for ready reference by this Hon'ble Tribunal.
"4. Responsibilities of the occupier for management of hazardous and other wastes.-
1) For the management of hazardous and other wastes, an occupier shall follow the following steps, namely:-
(a) prevention;
(b) minimization;
(c) reuse,
(d) recycling;
(e) recovery, utilisation including co-processing;
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
21
(f) safe disposal
2) The occupier shall be responsible for safe and environmentally sound management of hazardous and other wastes.
3) The hazardous and other wastes generated in the establishment of an occupier shall be sent or sold to an authorised actual user or shall be disposed of in an authorised disposal facility.
4) The hazardous and other wastes shall be transported from an occupier's establishment to an authorised actual user or to an authorised disposal facility in accordance with the provisions of these rules.
5) The occupier who intends to get its hazardous and other wastes treated and disposed of by the operator of a treatment, storage and disposal facility shall give to the operator of that facility, such specific information as may be needed for safe storage and disposal.
6) The occupier shall take all the steps while managing hazardous and other wastes to-
(a) contain contaminants and prevent accidents and limit their consequences on human beings and the environment; and
(b) provide persons working in the site with appropriate training, equipment and the information necessary to ensure their safety."
19. The carbon slurry amounting to approximately 53,100 metric tonnes (MT) generated till 2012 was stored by the Respondent No.4 at four (4) separate designated ponds after taking all necessary precautions and following all the regulations and guidelines. The carbon slurry from one Pond was sold in 2017-18, and now the available quantity is stored in three (3) ponds. The details of the 3 carbon slurry ponds located at the Respondent No.4's premises are as follows:
Pond Size
Pond 11,252 square
Number 1 metres
Pond 12,610 square
Number 2 metres
Pond 48,300 square
Number 3 metres
Total size 71,300 square
metres
20. The carbon slurry ponds are brick lined with High- Density Polyethylene (HDPE) which is excellent in its durability, flexibility, im-permeability. HDPE is highly resistant to environment conditions and is widely used for the manufacture of chemical tanks.
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
22
21. To prevent any leaks or spillage from the ponds, the dyke walls are raised by 3 to 5 metres from the carbon slurry storage level. Furthermore, the dyke walls around the carbon slurry ponds are surrounded by a lush tree cover.
22. The Respondent No.4 has also installed two (2) piezometric wells at the north -- east and north -- west side, as well as two (2) piezometric wells at the south and west of the carbon slurry ponds. The Respondent No.4 carries out monthly analysis of all the four (4) piezometric wells to ensure the quality of ground water. Monthly reports are also being sent to the Punjab State Pollution Control Board (hereinafter referred to as "PSPCB"). Copy of the plot plan indicating the location of the Piezometers, is attached herewith and marked as DOCUMENT -- 4.
Copy of Analysis Report, dated 01.02.2024, of ground water samples collected on 12.01.2024, is attached herewith and marked as DOCUMENT - 5.
23. Improper slurry management can harm water sources and negatively affect soil quality through contamination. As evident from the monthly analysis of the ground water surrounding the carbon slurry ponds, the Respondent No.4 has assumed all responsibility to guarantee that the carbon slurry stored at its Unit does not have negative environmental impact.
24. It is reiterated that no carbon slurry has been generated at the Respondent No.4's Unit after the notification of the said Rules. Further, the Respondent No.4 has been undertaking all the steps from its end to ensure safe storage, management and disposal of the leftover carbon slurry at its Unit, as provided under the said Rules and other regulations as notified by the Government of India from time to time.
HEAD D: DISPOSAL OF CARBON SLURRY
25. For the safe disposal and lifting of the carbon slurry from its Ponds, the Respondent No.4 ensures that the carbon slurry is transported / disposed of by the authorised contractor(s) in closed trucks and containers, affixed with labels containing the emergency numbers in case of any spillage of the hazardous waste material, in accordance with the said Rules. Rule 18 is produced hereinbelow for ready reference:
"18. Transportation of hazardous and other wastes.- (1) The transport Of the hazardous and other waste shall be in accordance with the provisions of these rules and the rules made by the Central Government under the Motor Vehicles Act, 1988 and the guidelines issued by the Central Pollution Control Board .from time to time in this regard.
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.23
(2) The occupier shall provide the transporter with the relevant information in Form 9, regarding the hazardous nature of the wastes and measures to be taken in case of an emergency and shall label the hazardous and other wastes containers as per Form 8.
(3) In case of transportation of hazardous and other waste for final disposal to a facility existing in a State other than the State where the waste is generated, the sender shall obtain `No Objection Certificate' from the State Pollution Control Board of both the States.
(4) In case of transportation of hazardous and other waste for recycling or utilisation including co-processing, the sender shall intimate both the State Pollution Control Boards before handing over the waste to the transporter.
(5) In case of transit of hazardous and other waste for recycling, utilisation including co-processing or disposal through a State other than the States of origin and destination, the sender shall give prior intimation to the concerned State Pollution Control Board of the States of transit before handing over the wastes to the transporter.
(6) In case of transportation of hazardous and other waste, the responsibility of safe transport shall be either of the sender or the receiver whosoever arranges the transport and has the necessary authorisation for transport from the concerned State Pollution Control Board. This responsibility should be clearly indicated in the manifest.
(7) The authorisation for transport shall be obtained either by the sender or the receiver on whose behalf the transport is being arranged."
26. The Respondent No.4 also ensures that the hazardous waste is packaged and labelled in accordance with Rule 17 of the said Rules, which reads as follows:
"17. Packaging and Labelling. - (1) Any occupier handling hazardous or other wastes and operator of the treatment, storage and disposal facility shall ensure that the hazardous and other wastes are packaged in a manner suitable for safe handling, storage and transport as per the guidelines issued by the Central Pollution Control Board from time to time. The labelling shall be done as per Form 8 under HWM Rules, 2016.
(2) The label shall be of non-washable material, weather proof and easily visible."
27. The Respondent No.4 also ensures that any such contractor(s) have all the necessary and valid approvals, authorisations and permissions from the concerned Pollution Board(s), in terms of Rule 9:
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.24
"9. Utilisation of hazardous and other wastes.- (1) The utilisation of hazardous and other wastes as a resource or after pre-processing either for co processing or for any other use, including within the premises of the generator (if it is not part of process), shall be carried out only after obtaining authorisation from the State Pollution Control Board in respect of waste on the basis of standard operating procedures or guidelines provided by the Central Pollution Control Board.
(2) Where standard operating procedures or guidelines are not available for specific utilisation, the approval has to be sought from Central Pollution Control Board which shall be granting approval on the basis of trial runs and thereafter, standard operating procedures or guidelines shall be prepared by Central Pollution Control Board:
Provided, if trial run has been conducted for particular waste with respect to particular utilisation and compliance to the environmental standards has been demonstrated, authorisation may be granted by the State Pollution Control Board with respect to the same waste and utilisation, without need of separate trial run by Central Pollution Control Board and such cases of successful trial run, Central Pollution Control Board shall intimate all the State Pollution Control Board regarding the same.
(3) No trial runs shall be required for co processing of waste in cement plants for which guidelines by the Central Pollution Control Board are already available;
however, the actual users shall ensure compliance to the standards notified under the Environment (Protection) Act,1986 (29 of 1986), for cement plant with respect to co processing of waste:
Provided that till the time the standards are notified, the procedure as applicable to other kind of utilisation of hazardous and other waste, as enumerated above shall be followed."
28. The Respondent No.4 appointed Metal Scrap Trade Corporation Limited - a public sector undertaking under the Ministry of Steel, Government of India (hereinafter referred to as "MSTC") for the disposal of carbon slurry through tendering process. Carbo Chemical Industries was selected by MSTC as the H1 Bidder. The quantity of 9,305.94 MT of carbon slurry was lifted by Carbo Chemical Industries vide Sale Order No. 288, dated 06.03.2017, valid upto 12.01.2018.
29. Thereafter, MSTC issued the Notice Inviting Tender (hereinafter referred to as "NIT") on behalf of the Respondent No.4 on its website on 11.11.2019 with the O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
25 auction dated as 10.12.2019 for lifting of the remaining quantity of 39,600 MT of carbon slurry.
30. After several extensions, re-auctions, and negotiations, the bid placed by Respondent No.5 herein -i.e., Shubham Sales Corporation Limited, Rohtak, was approved online by the Respondent No.4 on 09.04.2021. The Respondent No.5 furnished the security deposit on 15.04.2021 and 16.04.2021, and accordingly, MSTC issued the Acceptance Letter, dated 20.04.2021, to the Respondent No.5.
31. Before the issuance of the Acceptance Letter, dated 20.04.2021, the Respondent No.4 fulfilled all the compliances as mandated under the said Rules for disposal of `hazardous waste'. The Respondent No.4 had obtained the following documents from the Respondent No.5 and verified their authenticity-
i) licence from Pollution Control Board for handling carbon slurry;
ii) valid Consent to Operate ("CTO") for both air and water hazardous waste, from the Haryana State Pollution Control Board (hereinafter referred to as "HSPCB");
iii) authorisation cum passbook from the Haryana SPCB;
iv) authorisation for collection, transportation and utilisation of carbon slurry from Respondent No.4's Unit from the Punjab SPCB;
v) no objection certificate from the Punjab SPCB and Haryana SPCB.
32. After the issuance of the Acceptance Letter, the Respondent No.5 was unable to deposit the First Instalment payable to Respondent No.4 in a timely manner due to the ongoing Covid-19 pandemic. The Respondent No.5 furnished part of the First Instalment on 11.03.2022 and accordingly, the Sale Order No. 393, dated 21.06.2022, was issued by the Respondent No.4 for lifting of 39,600 MT of carbon slurry.
33. The following measures were adopted by the Respondent No. 4 to ensure the safe lifting of carbon slurry from its Ponds by Respondent No.5, in compliance with the said Rules.
Before loading of the carbon slurry, the Respondent No. 4 ensured that only closed container type vehicles were deputed by the Respondent No. 5 for transporting the slurry, as authorized by PPSCB vide Authorisation Letter SSO(HWM)/2020/PPCB/S-14, dated 02.11.2020, and the subsequent Extension Letter SEE(HQ-
3)/2022/2225, dated 21.11.2022.
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
26 The Respondent No. 4 also ensured that the suitable sticker or label containing the emergency numbers in case of spillage of Hazardous Waste Material was affixed to the above vehicles.
Further, as per the NIT, it was mandatory on part of the Contracting Agency (in the present case-the Respondent No. 5) to ensure that the truck is weighed empty while loading the slurry, the truck is covered and further collection/loading is done through mechanized means as per the said Rules to prevent air transmission of the hazardous material.
34. The Respondent No.5 started the lifting of the carbon slurry from Respondent No.4's pond on 13.07.2022.
35. In view of a fresh proposal received from Respondent No.5, dated 07.08.2023, and upon several discussions and deliberations, the Respondent No.4 issued the Amendment No.1, dated 07.10.2023, as well as the Amendment No.2, dated 04.11.2023, to the Sale Order No. 393, for lifting of carbon slurry.
HEAD E : CURRENT STATUS AND ACTION PLAN
36. It is pertinent to mention that the Respondent No.5 has commenced the re-lifting of the carbon slurry from the three carbon slurry ponds of the Respondent No.4 from 20.11.2023, in furtherance of Amendment No.2, dated 04.11.2023, to the Sale Order No. 393.
37. At this point, it is pertinent to mention that the Respondent No.5 herein has endeavoured to complete the lifting of the slurry from the ponds of Respondent No. 4 by 30.09.2024.
38. Copy of the Letter, dated 07.08.2023, sent by the Respondent No.5 to the Respondent No.4, is attached herewith and marked as DOCUMENT - 6.
39. As on 31.01.2024, there is an estimated quantity of 37,931.250 MT of carbon slurry lying at the ponds of the Respondent No.4. Since the re-lifting of the carbon slurry commenced on 20.11.2023, an estimated quantity of 325.860 MT of carbon slurry has already been lifted by the Respondent No.5, the details of which are as follows:
Date Quantity Lifted (MT) 23-11-2023 9.820 08-12-2023 20.860 O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.27
12-12-2023 22.200
15-12-2023 23.130
18-12-2023 25.890
19-12-2023 9.640
21-12-2023 33.860
23-12-2023 10.100
25-12-2023 21.490
02-01-2024 42.220
06-01-2024 23.630
15-01-2024 22.570
20-01-2024 16.250
30-01-2024 44.200
Total 325.860
40. It is submitted that there are a lot of intricacies involved in the lifting and disposal of the carbon slurry under the said Rules which must be complied with. As stated above, the slurry can be lifted only by contractors authorised by the State or Central Pollution Control Board. Furthermore, the carbon slurry cannot be sold directly to its end users in the open market and must be lifted with utmost care and precaution.
41. Thus, as can be seen, the Respondent No.4 has left no stone unturned to ensure safe storage and management of the carbon slurry and its efficient disposal. The carbon slurry, last generated by the Respondent No.4 in 2012, is kept in isolated ponds specifically designated for the storage of hazardous waste. It is further reiterated, the carbon Ponds at Respondent No.4's Units are built at a considerable distance from civilization / public at large to prevent any hazards while loading and unloading.
42. It is reiterated that the Respondent No.5 herein strives to complete the lifting of the remaining 37,931.250 MT of carbon slurry from the Respondent No.4's ponds by 30.09.2024, in terms of the Amendments to the Sale Order. It is further reiterated that the Respondent No.4 shall take all steps necessary to support the Respondent No.5 in its endeavour and expedite the disposal of the carbon slurry from its ponds."
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
28
48. The relevant part of the reply filed vide email dated 16.02.2024 by respondent no. 7-NFL, Panipat regarding (i) storage and management of carbon slurry and (ii) disposal of the carbon slurry reads as under:-
"Affidavit Respondent No 7-NFL, Panipat HEAD C: STORAGE AND MANAGEMENT OF CARBON SLURRY
13. Since the notification of the said Rules, the Respondent No.7 has been following the required rules, regulations, etc. for safe and environmentally sound management of carbon slurry at its Unit.
14. Rule 4 of the said Rules lays down the responsibilities of the occupier for management of hazardous and other wastes. Rule 3 (21) defines occupier as "...a person who has control over the affairs of the factory or the premises and includes in relation to any hazardous and other wastes, the person in possession of the hazardous or other waste."
15. Thus, in the present case, the Respondent No.7 is the "occupier" of the carbon slurry and its duties are envisaged under the Rule 4, which is produced hereinbelow for ready reference by this Hon'ble Tribunal :
"4. Responsibilities of the occupier for management of hazardous and other wastes.-
1) For the management of hazardous and other wastes, an occupier shall follow the following steps, namely:-
(a) prevention;
(b) minimization;
(c) reuse,
(d) recycling;
(e) recovery, utilisation including co-processing;
(f) safe disposal.
2) The occupier shall be responsible for safe and environmentally sound management of hazardous and other wastes.
3) The hazardous and other wastes generated in the establishment of an occupier shall be sent or sold to an authorised actual user or shall be disposed of in an authorised disposal facility.
4) The hazardous and other wastes shall be transported from an occupier's establishment to an authorised actual O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.29
user or to an authorised disposal facility in accordance with the provisions of these rules.
5) The occupier who intends to get its hazardous and other wastes treated and disposed of by the operator of a treatment, storage and disposal facility shall give to the operator of that facility, such specific information as may be needed for safe storage and disposal.
6) The occupier shall take all the steps while managing hazardous and other wastes to-
(a) contain contaminants and prevent accidents and limit their consequences on human beings and the environment; and
(b) provide persons working in the site with appropriate training, equipment and the information necessary to ensure their safety."
16. The carbon slurry generated till 2012, amounting to approximately 1,22,600 metric tonnes (MT), as evaluated by Projects and Development India Limited (hereinafter referred to as "PDIL") --a Government of India undertaking, was stored by the Respondent No.7 at two (2) separate designated ponds. The details of the 2 carbon slurry ponds located at the Respondent No.7's premises are as follows:
Pond Size Quantity stored
Part -A Area 33,150 square metres 56,285 metric tonnes
Part -B Area 9000 square metres 66,316 metric tonnes
Total size 42,150 square metres 1,22,600 metric tonnes
17. The carbon slurry ponds are brick lined with High- Density Polyethylene (HDPE) which is excellent in its durability, flexibility, im-permeability. HDPE is highly resistant to environment conditions and is widely used for the manufacture of chemical tanks.
18. To prevent any leaks or spillage from the ponds, the dyke walls / earthen embankments are raised by 2.4 metres from the carbon slurry storage level, and the average depth of the carbon slurry ponds is approximately 6 metres. Furthermore, the dyke walls around the carbon slurry ponds are surrounded by trees.
19. The aforementioned carbon slurry ponds are built at a considerable distance from human settlement to prevent any hazards while loading and unloading. To ensure further safety, fencing has been done by the Respondent No.7 around the carbon slurry ponds and security guard(s) with proper gear and training have been posted.
20. As an added precaution, a committee has been constituted by the Respondent No.7 for regular monitoring of the carbon slurry while it is being lifted, to ensure that the O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
30 said Rules are complied with and no environmental harm or damage is caused during the process. The Respondent No.7 has also installed CCTV cameras around the carbon slurry ponds to aid the monitoring process.
21. Improper slurry management can harm water sources and negatively affect soil quality through contamination. As evident from the above, the Respondent No.7 has assumed all responsibility to guarantee that the carbon slurry stored at its Unit does not have negative environmental impact.
22. It is reiterated that no carbon slurry has been generated at the Respondent No.7's Unit after the notification of the said Rules. Further, the Respondent No.7 has been undertaking all the steps from its end to ensure safe storage, management and disposal of the leftover carbon slurry at its Unit, as provided under the said Rules and other regulations as notified by the Government of India from time to time. Head D: Disposal of Carbon Slurry
23. For the safe disposal and lifting of the carbon slurry from its Ponds, the Respondent No.7 ensures that the carbon slurry is transported disposed of by the authorised contractor(s) in closed trucks and containers, affixed with labels containing the emergency numbers in case of any spillage of the hazardous waste material, in accordance with the said Rules. Rule 18 is produced hereinbelow for ready reference:
"18. Transportation of hazardous and other wastes.- (1) The transport of the hazardous and other waste shall be in accordance with the provisions of these rules and the rules made by the Central Government under the Motor Vehicles Act, 1988 and the guidelines issued by the Central Pollution Control Board from time to time in this regard.
(2) The occupier shall provide the transporter with the relevant information in Form 9, regarding the hazardous nature of the wastes and measures to be taken in case of an emergency and shall label the hazardous and other wastes containers as per Form 8.
(3) In case of transportation of hazardous and other waste for final disposal to a facility existing in a State other than the State where the waste is generated, the sender shall obtain 'No Objection Certificate' from the State Pollution Control Board of both the States.
(4) In case of transportation of hazardous and other waste for recycling or utilisation including coprocessing, the sender shall intimate both the State Pollution Control Boards before handing over the waste to the transporter.
(5) In case of transit of hazardous and other waste for O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.31
recycling, utilisation including co-processing or disposal through a State other than the States of origin and destination, the sender shall give prior intimation to the concerned State Pollution Control Board of the States of transit before handing over the wastes to the transporter. (6) In case of transportation of hazardous and other waste, the responsibility of safe transport shall be either of the sender or the receiver whosoever arranges the transport and has the necessary authorisation for transport from the concerned State Pollution Control Board. This responsibility should be clearly indicated in the manifest. (7) The authorisation for transport shall be obtained either by the sender or the receiver on whose behalf the transport is being arranged."
24. The Respondent No.7 also ensures that the hazardous waste is packaged and labelled in accordance with Rule 17 of the said Rules, which reads as follows:
"17. Packaging and Labelling. - (I) Any occupier handling hazardous or other wastes and operator of the treatment, storage and disposal facility shall ensure that the hazardous and other wastes are packaged in a manner suitable for safe handling, storage and transport as per the guidelines issued by the Central Pollution Control Board from time to time. The labelling shall be done as per Form 8 under HWM Rules, 2016.
(2) The label shall be of non-washable material, weather proof and easily visible."
25. The Respondent No.7 also ensures that any such contractor(s) have all the necessary and valid approvals, authorisations and permissions from the concerned Pollution Board(s), in terms of Rule 9:
"9. Utilisation of hazardous and other wastes.- (1) The utilisation of hazardous and other wastes as a resource or after pre-processing either for co-processing or for any other use, including within the premises of the generator (if it is not part of process), shall be carried out only after obtaining authorisation from the State Pollution Control Board in respect of waste on the basis of standard operating procedures or guidelines provided by the Central Pollution Control Board.
(2) Where standard operating procedures or guidelines are not available for specific utilisation, the approval has to be sought from Central Pollution Control Board which shall be granting approval on the basis of trial runs and thereafter, standard operating procedures or guidelines shall be prepared by Central Pollution Control Board:
Provided, if trial run has been conducted for particular waste O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.32
with respect to particular utilisation and compliance to the environmental standards has been demonstrated, authorisation may be granted by the State Pollution Control Board with respect to the same waste and utilisation, without need of separate trial run by Central Pollution Control Board and such cases of successful trial run, Central Pollution Control Board shall intimate all the State Pollution Control Board regarding the same.
(3) No trial runs shall be required for co-processing of waste in cement plants for which guidelines by the Central Pollution Control Board are already available; however, the actual users shall ensure compliance to the standards notified under the Environment (Protection) Act,1986 (29 of 1986), for cement plant with respect to co-processing of waste:
Provided that till the time the standards are notified, the procedure as applicable to other kind of utilisation of hazardous and other waste, as enumerated above shall be followed."
26. The Respondent No.7 appointed Metal Scrap Trade Corporation Limited - a public sector undertaking under the Ministry of Steel, Government of India (hereinafter referred to as "MSTC") for the disposal of carbon slurry through tendering process. It is pertinent to point out that disposal of all hazardous waste material is to be done through the MSTC Online Portal only.
27. Thereafter, the E-auction No. MSTC/NRO/NATIONAL FERTILIZERS LIMITED/9/GOHANA ROAD/19-20/32756, dated 02.03.2020, was conducted on behalf of Respondent No.7 and only two (2) bidders participated for the lifting of carbon slurry stored at the Unit.
28. The bid placed by Respondent No.5 herein -i.e., Shubham Sales Co., Rohtak, was accepted by the Respondent No.7 and subsequently the Acceptance Letter, dated 30.11.2020, was issued to the Respondent No.5 through MSTC.
29. Before the issuance of the Acceptance Letter, dated 30.11.2020, the Respondent No.7 fulfilled all the compliances as mandated under the said Rules for disposal of `hazardous waste'. The Respondent No.7 had obtained the following documents from the Respondent No.5 and Haryana State Pollution Control Board (hereinafter referred to as "HSPCB") and verified their authenticity -
(i) authorisation cum passbook from the Haryana SPCB;
(ii) authorisation for collection, transportation and utilisation of carbon slurry from Respondent No. 7's Unit from the HSPCB;
(iii) valid Consent to Operate ("CTO") for both air and water, from the HSPCB.
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
33
30. The following measures have been adopted by the Respondent No. 7 to ensure the safe lifting of carbon slurry from its Ponds by Respondent No.5, in compliance with the said Rules:
Before loading of the carbon slurry, the Respondent No.7 ensures that only closed container type vehicles shall be deputed by the Respondent No.5 for transporting the slurry.
The Respondent No.7 also ensures that the suitable sticker or label containing the emergency numbers in case of spillage of Hazardous Waste Material shall be affixed to the above vehicle.
The Respondent No 7 has completed the construction of Entry and Exit Gates, the area have been covered with fencing along with the installation of CCTV cameras around loading area keeping in view of the safety concerns for smooth lifting and transportation of the Carbon Slurry.
31. Thereafter, after several delay(s) due to the outbreak of the Covid-19 pandemic and settlement of litigation disputes, a Fresh Delivery Order, dated 15.12.2023, was issued by the Respondent No. 7 to Respondent No. 5 for lifting of carbon slurry from its ponds.
Copy of the Delivery Order, dated 15.12.2023, issued by the Respondent No. 7 to Respondent No. 5, is attached herewith and marked as DOCUMENT - 1 HEAD E: CURRENT STATUS AND ACTION PLAN
32. It is pertinent to mention that the Respondent No.7 has completed the construction of Entry and Exit Gates from the Ponds, the area has been covered with fencing along with the installation of CCTV cameras around loading area keeping in view the safety concerns for smooth lifting and transportation of the Carbon Slurry. The Respondent No. 5 is in the process of lifting the slurry from the Respondent No.7's Unit, in furtherance of the Fresh Delivery Order, dated 15.12.2023.
Copies of pictures / photographs showing construction of roads around the ponds, entry and exit points, installation of CCTV camera, etc., are annexed herewith and collectively marked as DOCUMENT -- 2 (COLLY).
33. It is submitted that there are a lot of intricacies involved in the lifting and disposal of the carbon slurry under the said Rules which must be complied with. As stated above, the slurry can be lifted only by contractors authorised by the State or Central Pollution Control Board. Furthermore, the carbon slurry cannot be sold directly to its end users in the open market and must be lifted with utmost care and precaution.
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
34
34. Thus, as can be seen, the Respondent No.7 has left no stone unturned to ensure safe storage and management of the carbon slurry and its efficient disposal. The carbon slurry, last generated by the Respondent No.7 in 2012, is kept in isolated ponds specifically designated for the storage of hazardous waste. It is further reiterated that the carbon Ponds at Respondent No.7's Units are built at a considerable distance from human settlement to prevent any hazards while loading and unloading."
49. Relevant part of affidavit filed vide email dated 07.03.2024 by respondent no. 7-NFL, Panipat reads as under: -
"Affidavit on behalf of Respondent No.7, containing the action plan for disposal of carbon slurry.
X X X X
4. That the Respondent No.7 has completed the construction of entry and exit gates from the carbon slurry Ponds at its Unit. Further, the area has been covered with fencing along with the installation of CCTV cameras around the loading area, keeping in mind the safety concerns for smooth lifting and transportation of the carbon slurry.
5. That in furtherance of the Fresh Delivery Order, dated 15.12.2023, the authorised Contractor, Shubham Sales Co., Rohtak -i.e., the Respondent No.5 herein, commenced the lifting of carbon slurry on 20.02.2024 from the Ponds of the Respondent No.7.
6. That out of the total quantity of 1,22,600 metric tonnes ("MT") of carbon slurry, 68.34 MT of carbon slurry has been lifted from the Ponds of the Respondent No.7. Thus, as on 05.03.2024, a quantity of 122531.66 MT of carbon slurry remains stored at Respondent No.7's Unit.
7. That the Respondent No. 7 endeavours to dispose-off the entire leftover quantity of the carbon slurry stored at its Unit by 31.03.2025, through the Respondent No. 5 herein, after taking all the necessary precautions and steps as envisaged under the Rules.
8. That the Respondent No.7 shall take all steps necessary to support the Respondent No.5 in its endeavour and expedite the disposal of the carbon slurry from its ponds in line with the abovementioned timelines."
50. Respondents no. 4-NFL, Bathinda, 7-NFL, Panipat and 10-NFL, Nangal being occupiers of facilities could store the hazardous and other O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
35 waste for a period not exceeding 90 days which period could be extended by the State Pollution Control Boards-PSPCB and HSPCB respectively upto 180 days. In compliance with the Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016 respondent no. 10-NFL, Nangal had disposed of carbon slurry. However, respondents no. 4-NFL, Bathinda and 7-NFL, Panipat have illegally stored hazardous wastes for more than 08 years. Respondents no. 4-NFL, Bathinda and 7- NFL, Panipat have tried to justify their failures to dispose of hazardous waste in accordance with the Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016 on the grounds (i) time taken in tendering process by Metal Scrap Trade Corporation Limited (MSTCL); (ii) procedural requirements/conditions prescribed by the Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016; (iii) litigation or procedural delays and (iv) lapses on the part of respondent no. 5 in lifting requisite quantities of carbon slurry. We do not find justifications given to be valid and reasonable. If respondent no. 10-NFL, Nangal could comply and dispose of carbon slurry, respondent no. 4-NFL, Bathinda and respondent no. 7-NFL, Panipat could also do so. It appears that even after carbon slurry was declared hazardous waste, respondent no. 4-NFL, Bathinda and respondent no. 7-NFL, Panipat continued to treat the same as byproduct which was earlier sold in open market and was source of generating revenue for them. Such unjustified long storage of hazardous waste only for the purpose of generation of revenue by way of open auction with stringent commercial terms and conditions by respondent no. 4-NFL, Bathinda and respondent no. 7-NFL, Panipat was highly improper. Respondent no. 4-NFL, Bathinda and respondent no. 7-NFL, Panipat completely ignored damage caused to environment by such long unjustified long storage of hazardous waste. O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
36
51. Since delay in disposal of huge quantity of carbon slurry unjustifiably stored by respondent no. 4-NFL, Bathinda and respondent no. 7-NFL, Panipat has occurred due to delayed tendering process by MSTCL, we consider presence of MSTCL to be necessary for adjudication of the questions involved in the case. Accordingly, MSTCL is impleaded as respondents no. 11 and Registry is directed to issue notice to respondent no. 11 requiring it to file its response with respect to exploring the possibility of ensuring disposal of carbon slurry stored by respondent no. 4-NFL, Bathinda and respondent no. 7-NFL, Panipat in statutorily permissible period by engaging suitable number of contractors by fixing reasonable mutually agreed price without being hampered by the tendering process for allocation of work to only one contractor at the highest price offered in the bid.
52. In view of statutory provisions referred to above requiring time bound disposal of hazardous waste of carbon slurry and also the quantity lifted by respondent no. 5 so far, we consider it necessary to seek response from respondents no. 2, 4, 6, 7 and 11 as to measures required to be taken for suitably increasing the number of contractors for disposal of the quantity of carbon slurry stored by respondents no. 4-NFL, Bathinda and 7-NFL, Panipat within the period of 180 days in time bound manner without any further extension of time.
53. Respondent no. 4-NFL, Bathinda and Respondent no. 7-NFL, Panipat are directed to upload information regarding disposal of carbon slurry during preceding week from Monday to Saturday on their websites by 5 P.M. on every Monday with link on main page of their websites.
54. Respondent no. 5 is also directed to file separate status reports regarding lifting of carbon slurry from respondent no. 4-NFL, Bathinda O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
37 and respondent no. 7-NFL, Panipat respectively in execution of respective agreements entered into with them.
55. In the present case carbon slurry, which was earlier considered to be a byproduct of manufacturing of fertilizer, was declared to be hazardous waste in 2016 and was required to be stored, managed and disposed of in accordance with the Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016. Despite being under an obligation to dispose of the hazardous waste in accordance with the Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016, NFL, Bathinda and NFL, Panipat have continued with storage of large quantities of hazardous waste for more than 08 years. Both the State Pollution Control Boards-PSPCB and HSPCB did not issue any direction to and did not take any action against NFL, Bathinda and NFL, Panipat before filing of the present application. Reply by MoEF & CC
56. Respondent no. 8-MoEF & CC has in its reply submitted that SPCBs and the State Governments are the nodal agencies to ensure the monitoring storage and disposal of Hazardous waste and enforcement and implementation of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 on ground, which include handling, generation, collection, storage, packaging, transportation, use, treatment, processing, recycling, recovery, pre-processing, co-processing, utilization, offering for sale, transfer or disposal of the hazardous and other wastes.
57. We find that almost in all cases MoEF & CC submits casually drafted stereotype replies referring only to the statutory provisions and O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
38 also to delegation to various authorities and does not look into the failures of the concerned authorities to implement the relevant statutory provisions and ensure compliance with the environmental enactments, rules framed, notifications, orders and guidelines issued. The ultimate responsibility for implementation of the relevant statutory provisions and ensuring compliance with the environmental enactments, rules framed, notifications, orders and guidelines issued lies on MoEF & CC which is under constitutional obligation to protect and improve the environment and is also statutorily empowered to issue appropriate directions under section 5 of the Environment (Protection) Act, 1986.
58. In view thereof MoEF & CC is mandatorily required to monitor the working of the statutory bodies and take appropriate action in case of failure on their part to discharge the statutory obligations. In the eventuality of not doing so MoEF & CC will also be liable to be treated as an abettor and will also be liable to pay environmental compensation alongwith the violators for remediating the environmental damage thereby caused. MoEF & CC is directed to look into these aspects and issue appropriate directions to the State Pollution Control Boards/Union Territory Pollution Control Committees and other Authorities as may be required.
Information about similar industries and storage and disposal of carbon slurry by them
59. Vide order dated 24.11.2023 CPCB was impleaded as respondent no. 9 and was directed to obtain information about similar industries and storage and disposal of carbon slurry by them.
60. In compliance of order dated 24.11.2023, reply affidavit has been filed by respondent no. 9-CPCB vide email dated 05.01.2024. The O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
39 relevant part of the reply affidavit filed by respondent no. 9-CPCB reads as under:-
"X X X X The Spent Carbon (Carbon Residue) is generated during the thermal cracking of hydrocarbon for manufacturing of urea fertilizer. Spent Carbon (Carbon Residue) is listed as hazardous waste under S No. 18.2 of Schedule -1 of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
CPCB had published Standard Operating Procedure (SOP) for Utilization of Spent Carbon (Carbon Residue) generated from Urea Fertilizer Industry in March 2017. The aforementioned SOP is enclosed as Annexure - II The aforementioned SOP specifies the process which involves utilization of spent Carbon (Carbon Residue) in carbon black industry to reduce consumption of raw material to achieve resource recovery. Carbon Residue is mixed with quench water and is used as quench liquor at a temperature of about 2000 °C in the reactor to reduce the temperature and in process, carbon in the Carbon Residue becomes carbon black.
The Spent carbon (Carbon Residue) may be disposed in authorized disposal facility in accordance with authorization condition, when not utilized in manufacturing of Carbon black.
As per Hon'ble NGT order dated 24.11.2023, CPCB has collected information from concerned fertilizer industries/ SPCBs and Association. CPCB through letter and Email dated 15.12.2023 requested concerned fertilizer industries, State Pollution Control Boards and Fertilizer Association of India to provide requisite information.
Out of 42 concerned industries, CPCB received information from all 42 industries.
Only one unit i.e. M/s Gujarat Narmada Valley Fertilizers & Chemicals Ltd (Unit-1),Bharuch, Gujarat has informed that it generates carbon residue (carbon soot) during partial oxidation of Low sulphur Heavy Stock(LSHS) in Ammonia making process. Since 2013 the feed stock of manufacturing of urea was replaced from LSHS to natural gas. Only a small quantity of Ammonia is being manufactured through LSHS. As per conditions of Consolidated Consent & Authorization issued by Gujarat Pollution Control Board, the unit is generated capacity of 2000 MT / Annum of Carbon soot. The unit informed that it is being utilized carbon soot in its boiler along with coal, which is in accordance with conditions of Consolidated Consent & Authorization issued by Gujarat Pollution Control Board.
National Fertilizers Ltd, Bathinda informed that it has not generated carbon slurry since November 2012 after changing feed stock from fuel oil to natural gas. The unit informed that it disposes carbon slurry to authorized Hazardous Waste recycler and has submitted documentary evidence in this regard. The unit informed that the quantity of carbon slurry stored in ponds as on 19.12.2023 is 38145.57 O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
40 MT which is yet to be disposed by it.
National Fertilizers Ltd. Nangal informed that it has not generated carbon slurry since February 2013 after switched off to natural gas. It has disposed off carbon slurry as per Hazardous and Other Wastes Management and Transboundary Movement) Rules, 2016. The unit has submitted documentary evidence in this regard. The unit has informed that the all carbon slurry has been disposed off. Presently carbon slurry pond is empty.
National Fertilizers Ltd, Panipat informed that it has not generated carbon slurry since November 2012. The unit has informed that the quantity of carbon slurry is stored in pond is 122600 MT, which is yet to be disposed off. The unit informed that it has permitted Haryana State Pollution Control Board authorized hazardous waste recycler / processor for disposal of stored carbon slurry; and has submitted documentary evidence in this regard.
In addition to above stated 04 units; 38 units that responded to the communications made by CPCB informed that they do not generate any spent carbon and have no stored quantities of spent carbon.
The information collected by CPCB from various industries is summarized in tabular form in Annexure -III".
61. This Tribunal observed in its order dated 08.01.2024 that a perusal of reply affidavit filed by respondent no. 9-CPCB showed Gujarat Narmada Valley Fertilizers and Chemical Ltd. at serial no. 8 in list annexure III is generating 2000 MTA carbon slurry while Hindustan Urvarak and Rasayan Ltd. at serial no. 12 thereof had not provided any information to the CPCB and that list annexure III was prepared on the basis of information provided by 38 units that responded to the communications made by CPCB. Respondent no. 9-CPCB was directed to obtain the requisite information from Hindustan Urvarak and Rasayan Ltd. at serial no. 12 in list annexure III and also to direct SPCBs/UTPCCs to verify the factual position regarding storage and disposal of carbon slurry in its plant by any similar industry in their jurisdiction.
62. Status Note has been filed by CPCB vide email dated 21.02.2024 and the relevant part thereof reads as under:
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.41
"Status note in compliance to Hon'ble NGT order dated 08.01.2024 in Original Application No. 620/2022, Kaushal Kishore Vishwakarma Vs. State of Punjab & Ors.
Status Note Hon'ble National Green Tribunal, Principal Bench vide order dated 08.01.2024 in the matter of Original Application No.620/2022 directed CPCB to obtain the requisite information from Hindustan Urvarak and Rasayan Ltd., Jharkhand regarding generation and disposal of carbon slurry and also to direct SPCBs/UTPCCs to verify the factual position regarding storage and disposal of carbon slurry in its plant by any similar industries in their jurisdiction. In compliance to Hon'ble NGT order dated 08.01.2024, the Central Pollution Control Board ("CPCB") issued directions under 18 (1) (b) of the Water (Prevention & Control of Pollution) Act, 1974 and Section 18 (1) (b) of The Air (Prevention and Control of Pollution) Act, 1981 to all State Pollution Control Boards and Pollution Control Committees on 01.02.2024 to verify the factual position regarding storage and disposal of carbon slurry by nitrogenous and complex fertilizers producing industries or any other industry in their jurisdiction. Copy of the said letter dated 01.02.2024 is annexed herewith as Annexure I. That till date, CPCB has received replies to its aforesaid letter from the State Pollution Control Boards / Pollution Control Committees of Gujarat, Rajasthan, Kerala, Uttar Pradesh, Daman Diu and Nagaland that are enclosed at Annexure II. Above SPCBs/PCC have informed that presently there are no carbon slurry generating fertilizer industries in their states and the quantity of carbon slurry that is yet to be disposed by fertilizer industries in their states is Nil. Reminder have been issued to remaining SPCBs vide email dated 19.02.2024 in continuation of earlier CPCB letter dated 15.12.2023.
Further as directed by Hon'ble NGT vide order dated 08.01.2024, CPCB also obtained the requisite information from M/s Hindustan Urvarak and Rasayan Ltd., Jharkhand regarding generation and disposal of carbon slurry. CPCB earlier sent a letter to the unit on 15.12.2023 to provide information and again sent an email on 13.02.2024 in compliance of to the Hon'ble NGT Order. The unit vide letter dated 15.02.2024 has submitted that its process of manufacturing of Urea is based on Natural Gas Feedstock and do not generate Carbon Slurry in the process of manufacturing Urea fertilizer. Copy of the said letter is annexed herewith as Annexure III."
O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
42
63. CPCB is directed to obtain information from the remaining State PCBs and UTPCCs which have not provided the same so far and compile the information, issue appropriate directions on the basis of information received and file status report with details regarding action taken on the basis of information received.
Remedial/punitive action by PSPCB and HSPCB
64. Rule 21 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 mandates that the authority specified in column (2) of Schedule VII shall perform the duties as specified in column (3) of the said Schedule subject to the provisions of these rules. As per Schedule VII of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, State Pollution Control Board or Pollution Control Committees constituted under the Water (Prevention and Control of Pollution) Act, 1974 have to perform the following duties:-
"(i) Inventorisation of hazardous and other wastes
(ii) Grant and renewal of authorisation
(iii) Monitoring of compliance of various provisions and conditions of permission including conditions of permission for issued by Ministry of Environment, Forest and Climate Change for exports and imports.
(iv) Examining the applications for imports submitted by the importers and forwarding the same to Ministry of Environment, Forest and Climate Change.
(v) Implementation of programmes to prevent or reduce or minimise the generation of hazardous and other wastes.
(vi) Action against violations of these rules.
(vii) Any other function under these Rules assigned by Ministry of Environment, Forest and Climate Change from time to time."
65. This Tribunal noticed in its order dated 08.01.2024 that despite unjustified continued storage of carbon slurry by respondents no. 4 and 7 and also inaction/delay on their part in disposal thereof in accordance with mandatory statutory provisions, no action has been taken by PSPCB O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
43 and HSPCB for imposition of environmental compensation and also prosecution of the defaulting officers/officials and PSPCB and HSPCB were directed to initiate appropriate proceedings for imposition of environmental compensation and prosecution of the defaulting officers/officials in accordance with law and file Action Taken Report.
66. In compliance thereof replies were filed by PPCB and HSPCB vide separate emails dated 20.02.2024.
67. Relevant part of the reply filed by PSPCB vide email dated 20.02.2024 reads as under:-
"Reply of Punjab Pollution Control Board in compliance of order dated 08.01.2024 through Er. Ramandeep Singh Sidhu, Environmental Engineer, Regional Office, Bathinda.
X X X X
3. That the order dated 8.1.2024 passed by the Hon'ble Tribunal has been examined a notice to directions u/s 5 of the Environment (Protection) Act, 1986 for violation of the provisions of Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016 was issued to M/s National Fertilizers Ltd., Sivian Road, Bathinda by the Board vide letter no. 816 dated 12.2.2024 with an opportunity of hearing before the Chairman of the Board on 14.2.2024. The industry was directed to show cause as to why the directions already proposed vide Board's letter no. 3809 dated 22.12.2023 for imposition of environmental compensation alongwith an additional proposed direction to initiate legal action of the defaulting officers/officials in accordance with the law for unjustified continued storage of carbon slurry by the industry and also in action/delay on their part in disposal thereof, may not be taken. A copy of letter no. 3809 dated 22.12.2023 is enclosed as Annexure-A and a copy of letter no. 816 dated 12.2.2024 is enclosed herewith as Annexure-B.
4. That Sh. V.K. Goyal, Executive Director, Smt. Sandhya Batra, DGM (TS), Sh. Harmesh Lal Thandi, Senior Manager of National Fertilizers Ltd., Bathinda have appeared for hearing on 14.2.2024 before the Chairman of the Board in reference to the notice dated 12.2.2024 issued by the Board. The representatives of the industry submitted written reply to the notice issued by the Board and the reply was taken on O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.44
record. As per the reply submitted by the M/s National Fertilizers Ltd., in one of the points it has been mentioned that the lifting of the HW Cat. 18.2 has been commenced again w.e.f. 20.11.2023 and 325.86 MT more quantity of hazardous waste has been lifted to the re-processor till 13.2.2023 and 37931.25 MT of hazardous waste is lying with the industry in its dyes. After hearing the representatives of the industry and the officers of the Board and also considering the orders being passed by the Hon'ble National Green Tribunal in O.A No. 620 of 2022, the Chairman of the Board decided as under:
(a) In compliance to the orders of the Hon'ble NGT, the prosecution of the defaulting officers/officials of NFL, Bathinda is approved to be filed in the court of law under the provisions of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 framed under Environment (Protection) Act, 1986 for unjustified continued storage of carbon slurry by the industry and also in action/delay in their part in disposal thereof which has caused environmental damage in the area.
(b) NFL, Bathinda is directed to give the names of the defaulting officers/officials responsible for unjustified continued storage of carbon slurry by the industry and also in action/delay on their part in disposal thereof, to the Regional Office, Bathinda of the Board, within 07 days.
(c) Environmental Engineer, Regional Office, Bathinda shall calculate the amount of Environmental Compensation to be imposed upon the industry in accordance with the law for unjustified continued storage of carbon slurry by the industry and also inaction/delay on their part in disposal thereof, within 07 days and shall send the same for verification to the Committee constituted by the Board for Imposition of Environmental Compensation. Subsequently, the Board shall issue orders for Imposition of Environmental Compensation to the industry for causing environmental damage.
(d) The industry shall also ensure to dispose of its entire hazardous waste of category 18.2 at the earliest possible shortest time by exploring all means available in compliance to the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and shall submit monthly report in the matter to the Regional Office, Bathinda of the Board.
5. That the proceedings of the hearing held on 14.2.2024 before the Chairman of the Board were conveyed to M/s National Fertilizers Ltd., Sivian Road, Bathinda vide letter no. 919 dated 15.2.2024 and a copy of the same is enclosed as Annexure-C.
6. That respectfully it is submitted that the Punjab Pollution Control Board in compliance to order dated 8.1.2024 of the O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.
45 Hon'ble Tribunal has initiated appropriate proceedings against respondent no.4 namely M/s National Fertilizers Ltd., Bathinda for filing of prosecution case against the industry as well as its responsible officers/officials and for imposition of environmental compensation in accordance with the provisions of the Law."
68. Relevant part of the reply/Status Report filed by HSPCB vide email dated 20.02.2024 reads as under:
"Status report by Haryana State Pollution Control Board, Panipat in Original Application No. 620/2022 titled as Kaushal Kishore Vishwakarma v. State of Punjab & Ors.
2. That as per direction passed by Hon'ble Tribunal action has been initiated against the unit. The unit was inspected on 29.01.2024 by the team of Regional Office, Panipat. During Inspection the hazardous waste was found stored in two lagoons of area 33150 square meters and 9000 square meters. Carbon slurry of quantity 56285 MT and 66315 MT was stored in both of these lagoons respectively. These lagoons are brick lined with HDPE but covered shed was not found on these lagoons.
3. That a show cause notice was issued to the unit vide letter No. HSPCB/PR/2024/2719 dated 29.01.2024 for imposition of Environment Compensation for violation of HOWM Rules, 2016. The unit submitted reply to the show cause notice vide their letter No. NFL/PT/LAB/2024/418 dated 02.02.2024. The reply submitted by the unit was not found proper as the unit has submitted that it is not feasible to cover the such lame area of the pond with covered shed and has submitted that it has now made agreement with authorized recycler M/s Shubham Sales Co., Bhiwani Road, Rohtak, Haryana for disposal of hazardous waste stored in the form of carbon slurry by the unit. However, the lifting of carbon slurry has not been started at site by the authorized recycler M/s Shubham SalesCo., Bhiwani Road, Rohtak. The unit M/s NFL, Panipat has also not submitted any action plan for disposal of such large quantity of Carbon Slurry in time bound manner. The copy of show cause notice issued by HSPCB and copy of reply submitted by the unit is enclosed as Annexure-R-1 & R-2.
4. That case for Imposition of Environment compensation of Rs. 36.78 Crore has been sent to the competent authority of HSPCB by Regional Office, Panipat vide letter No. HSPCB/PR/2024/2846 dated 15.02.2024 for finalization of the environment compensation as proposed by the Regional Office, Panipat.
5. That prosecution action has also been recommended to competent authority of HSPCB vide letter No.HSPCB/PR O.A. No. 620/2022 Kaushal Kishore Vishwakarma Vs. State of Punjab and Ors.46
/2024/2854 dated 19.02.2024 for vetting of complaint and sanction of prosecution against the unit M/s NFL, Panipat..."
69. PSPCB and HSPCB are directed to take further action for imposition of environmental compensation on respondents no. 4 and 7 for past violations and recovery thereof in accordance with law and file further action taken report.
70. Reports/responses be filed by respondents no. 2, 4, 5, 6, 7, 8, 9 and 11 as directed above at least one week before the date of hearing hereby fixed.
71. List on 15.10.2024 for further consideration.
72. A copy of this order be sent to respondents no. 2, 4, 5, 6, 7, 8, 9 and 11 by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 28th, 2024 AG