National Green Tribunal
Mahendra Pratap Singh vs Birla Corporationsatna Cement Works ... on 4 August, 2021
Item No. 05
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 59/2017 (CZ)
Mahendra Pratap Singh Applicant (s)
Versus
M/s Birla Corporation Ltd. & Ors. Respondent(s)
Date of hearing: 04.08.2021
Date of uploading: 06.08.2021
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Mr. Rohit Sharma, Adv.
For Respondent(s) : Mr. Sachin K.Verma,Adv.
Ms. Parul Bhadoria, Adv.
ORDER
1. Issues raised in this application are non compliance of Environmental (Protection) Act, 1986 , Solid Waste Management Rules, 2016, discharge of untreated water into the open land, non compliance of condition of Environmental Clearance by not maintaining the plantation work and Air Pollution by use of paddy husk by Respondent No. 1/Ms. Birla Corporation Ltd. situated in District Satna.
2. It is further submitted that Respondent No. 1 falls within the red category of industries and are therefore considered to be highly polluting and hazardous to nature. The responsibility of red category industry increases as the quantum of likelihood of pollution and its ill-effect to the public at large is high. Whereas, 1 the Respondent No. 1 is not abiding by any of the measures imposed for prevention of pollution and in fact the non-abidance of environmental norms has accelerated to such an extent that the residents living nearby have started shifting from the area in question where the Respondent No. 1 unit is situated. The Respondent No. 1 unit falls within the jurisdiction of Respondent No. 2 and 3 who are responsible for not being vigilant towards the environment. Respondent No. 3 despite being established for the sole purposes of preventing pollution in its prescribed jurisdiction has failed to understand the gravity of the pollution being caused by Respondent No. 1 and has been granting them consents regularly without even valuing the siting norms of the Pollution Control Board. The Respondent No. 1 is disposing its Municipal waste generated by its own residential colony, just outside its premise and then burning the same, which is not only in contravention to the MSW Rules but also against the principles of sustainable development and further exposing the residents living nearby to more critical situation. Burning the waste amounts to huge air pollution in the city of Satna and the same needs to be checked and stopped by the Respondent No. 2 and 3, and that the mines of the Respondent No. 1 are also situated in close proximity to the city and there exists no plantation and pakka roads in the mining area, which accelerating the pollution. The Respondent No. 1 is using paddy husk in its captive thermal power plant for burning along with coal, which is lying vacant and is being exposed in open. The said peddy husk flies with wind and spreads in the areas adjoining the areas of the unit of Respondent No. 1 causing problem to the residents living nearby. And this application has been filed with the prayer for directing the Respondent No. 1 to ensure compliance of all the consent and EC conditions so as to curb down the pollution being faced by the residents living nearby the unit of Respondent No. 1 and that on 2 the Principle of 'Polluters Pay', Environmental Compensation should be realized and direction to the Respondents for protection and conservation of environment should be issued.
3. The matter was taken up on 22.09.2017 and this Tribunal observed as follows :
"The Applicant in this O.A. had primarily raised the issue that so far as the plant of the Respondent NO.1 is concerned they are storing rice husk to be used as a fuel and with the storm winds there is pollution in the air as a result of the same. Another issue raised was with regard to the burning of MSW for which supporting documents of the Municipal Solid Waste dump as annexure A/5 were filed. The third issue raised in this O.A. was with regard to the discharge of sewage from the premises of the Respondent No.1 in support of which photographs annexure A/6 have been filed.
The Tribunal after having issued notices on 10.07.2017 the Respondents put in appearance and accordingly sought time to file their replies. In the meanwhile, the Tribunal directed the MPPCB to inspect the premises and submit their report.
Replies on behalf of the Respondent No. 1 as well as the Respondent No. 3 / MPPCB have been filed before us. At this stage we do not consider it necessary to go into details with regard to the submission made in the reply suffice it to say that the inspection that was carried out by the MPPCB on all these three issues and it has been stated as follows :
'That, the Industry has obtained the consent to operate for use of Paddy Husk as AFR vide consent letter no. AW- 47083 dtd. 11.06.2017 valid up to 30.04.2018. For storage of paddy husk industry has constructed covered storage yard of 9000 MT & 8000 MT capacity and two open storage yard with boundary wall at 5.5 & 8.54 acres areas are also being constructed for the same. During inspection on 19.08.2017 it was found that most of paddy husk was covered by tarpaulin and some part of paddy husk was found open in storage yard. Since some of the paddy husk was stocked uncovered, it is quite possible that during speedy wind condition it might have spread in ambient air. But while site was visited on 18.09.2017, it was found that most of the Paddy husk has been 3 consumed by the industry. The paddy husk storage yard has been vacated and only 5 to 10% is only remaining at site.' It has been given out before us that the existing stock has virtually being consumed and only about 5% to 10% remains to be consumed by the Respondent No. 1. It has been stated by Shri Ajay Gupta, Learned Counsel that for future storage all steps will be taken to keep the paddy, husk, in case it is required to be stored as fuel, covered in a proper manner so as to avoid any air pollution as a result of the storage of paddy husk.
In so far as the issue regarding sewage emanating from the premises of the Respondent No. 1 is concerned it has been stated that the STP has already been set up the sewage would be diverted to the STP and after doing the treatment the treated waste water would be consumed and utilised on the premises of the Respondent No. 1 itself. So far as the drain itself concerned, it is submitted by Shri Ajay Gupta, Learned Counsel for the Respondent No.1 that the Respondent No. 1 has agreed to construct a pakka drain in place of kaccha drain which emanated out of the premises of the Respondent No. 1. The lining which is already there would be plastered and cemented so that obstructions in the same is not caused and stagnation of any sewage in the said drain does not arise. So far as the discharge from the premises is concerned we are satisfied that adequate steps have been taken and that would prevent untreated sewage being discharged in the drain from the premises of the Respondent No. 1 and the remaining issue would be taken care of by lining of the same and making it pakka.
As far as the issue with regard to the burning of the MSW is concerned it is given out that the said MSW site is outside the premises and virtually it is being done in a fashion of landfill. The dumped landfill is being done by use of waste material from the premises of the Respondent No. 1 plant and is not exactly MSW. However, photographs that have been shown to us indicate that there is considerable plastic and poly-bags material also in the same. With the ban on use of poly bag and plastic being imposed we would direct that the Respondent No. 1 should make their premises plastic and polybags free. For this awareness through hoardings and placards be displayed, so that in future no waste going out from within the premises of the Respondent No. 1 has any plastic or poly bag material in the same. At the same time, whatever poly bag and plastic is lying on the site in question, the Respondent No. 1 is 4 directed to engage the service of a contractor or services provider to collect the same for being utilised as co-processing fuel material for their units. Since, the site in question lies within the control of the Respondent No. 1 they would ensure that in future no burning of waste material is allowed to take place. Instructions in this behalf must be given to all including the truck owners, drivers and staff who parks their trucks in the area or in the vicinity of the same.
So far as the works that have been undertaken or agreed to be undertaken by the Respondent No. 1 is concerned the PCB shall carry out the monitoring from time to time to ensure that this work should be completed within a proper time period.
With the aforesaid directions this matter stands disposed of. For reporting compliance the same be listed on 13th November, 2017."
4. Initially, the Respondent No. 1 & 3 have filed the reply with the facts that Respondent No. 1 has been directed to construct a pakka drainage from the residential premises of Respondent no. 1 to the STP unit and the same has not been constructed till date and necessary directions have been issued for compliance of the order. Respondent No. 3/MPPCB had submitted the reply that Respondent No. 1 has installed different Air Pollution Control equipment to comply the conditions of Air (Prevention & Control) Act, 1981. The applicant has alleged that deterioration of the Ambient Air Quality (AAQ) in the city of Satna is majorly because of non abidance of environmental norms by Respondent No. 1, while it is reported by the Respondent No. 3/MPPCB that the industry has installed efficient pollution control devices (Ambient & Stack) as per requirement, under the Air (Prevention & Control) Act, 1981 and stringent consent conditions of MPPCB have been complied with. Industry has also installed online monitoring system for monitoring Air Ambient Quality (CAAQMS) at two stations, one at (A) CAAQMS -1, Near Galla Mandi Chauraha, Near Satna City area and the other at (B) CAAQMS-2, Birla 5 Colony, Satna Cement Works and the result of stack emissions (CEMS), total 15 nos. have been installed.
5. The relevant portion of reply submitted by Madhya Pradesh Pollution Control Board is quoted below :
"10. The plant was established in 1959. But at present there are large residential colonies in East, West and South direction of the industry. The conveyor belt shown in image crosses over public road but the said road is not a regular road and the surrounding of the belt is also not densely populated.
11. During the inspection, no evidence of domestic waste burning at colony was found and it is hard to recognise the location in the photographs enclosed by the applicant as the same is black & white photograph. However, in north direction approx 3-4 acre land {low line area} is in process of being converted into truck yard and Respondent No. I is continuously dumping waste material { like waste cement etc} , building material, solid waste with domestic waste, but at present no solid burning evidence was seen on site, it may be possible some time tatters [hand picker] may ignite the fire. Photograph enclosed with the copy of petition could have been taken few months back however the remnants of burning would have been washed out in this monsoon hence the location of burning cannot be identified. But after receiving the copy of petition answering Respondent instructed the industry for the clarification of above situation but till now we have not received satisfactory reply. Since, this activity is basically related to Nagar Nigam, the answering respondent has also requested Nagar Nigam Satna to strictly prohibit this type of activity.
12. During the inspection dated l9.08.2017,it was found that due to natural gradient, an earthen drain originates from Satna Cement and passes by adjoining slum area(about l500 Jhuggis) This drain received partial sewage of Birla Corporation (Though 6 this was scheduled to be treated in STP for further treatment) and the sewage from the adjoining slum area and this cumulative sewage was accumulated in low lying area. A letter in this regard was issued to the M/s Birla Corporation to stop the sewage flow outside the plant premises and divert to regular drain for their STP as well as desired to submit the time bound action plan. Industry has submitted Time bound Action Plan.
13. During the inspection dated 17.09.2017, it was found that an earthen (Kuccha) bund has been constructed to stop the sewage discharge of Birla colony into the pre-existing drain which passes by the slum area and diverted the entire sewage of Birla Corporation to their STP. Now no discharge is going outside the premises. For permanent Drainage arrangement the time bound action plan has been submitted by Respondent No. 1 as on 18.9.2017.
14. the captive limestone mines of industry are 4-5 km away from Satna city. Mines management has done sufficient plantation and constructed WBM WIIM road reinforced with stone chips and stone dust (metal top) road in mines premises, apart from these water sprinkling arrangement has been done to control fugitive emission.
15. The Industry has obtained the consent to operate for use of Paddy Husk as AFR vide consent letter no. AW-47083 dated l1.06.2017 valid up to 30.04.2018. For storage paddy husk industry has constructed covered storage yard of 9000 MT & 8000 MT capacity and two open storage yard with boundary wall at 5.5 & 8.54 Acre areas are also being constructed for the same. During inspection on 19.08.20l7 it was found that most of paddy husk was covered by tarpaulin and some part of paddy husk was found open in storage yard. Since some of the paddy husk was stocked uncovered, it is quite possible that during speedy wind condition it might have spread in ambient air. But while site was visited on 18.09.2017, it was found that most of the Paddy 7 husk has been consumed by the Industry. The Paddy Husk storage yard has been vacated & only 5 to 10% is only remaining at site.
16. The order of Collector Satna no. 47/9/8/SW dated 3.9.2010 has been passed to prohibit establishment of new saw mill and stone crusher in premises and 5 km periphery of Nagar Nigam area.
17. Industry had submitted application to Ministry of Environment Forest & Climate Change for expansion of existing captive power plant. In this regard MOEF&CC had issued a letter to MP Pollution Control Board for conducting of public hearing. In view of complying MOEF&CC order MP Pollution Control Board, Satna had conducted public hearing as per EIA Notification and forrwarded the minutes of public hearing to MOEF&CC."
6. The recent compliance status submitted by the MPPCB has been filed through an application dated 31.07.2021,which is as follows:
"Submission of the Compliance Status Report of NGT case no. 59/2017 & Judgment order dated 22nd Sept,2017 as follows :
S NGT case no. 59/2017 & Compliance status RemarkS N Judgment order dated 22nd (As on 29.07.2021) Sept,2017 1 Status of Paddy husk Industry has Satisfactory storage outside the storage complied the shed instruction 2 Status of construction of Industry has Satisfactory Pucca drain complied the instruction 3 Status of MSW burning No sign of MSW Satisfactory burning seen in the area. Industry has complied the direction The details of current status of compliance of Hon'ble NGT order dated 22nd September, 2017 are as follows:-
Point No.l:
The Industry has obtained Consent to Operate for use of Paddy Husk as AFR vide Consent Letter No AW-
52977 dated 10.02.2021 & it is valid upto 30.11.2021. ForCD storage of Paddy husk Industry 8 has constructed covered storage yard of 9000 MTs & 8000 MTs capacity, which had completed on August, 2018. Now in addition to this, industry has extended the shed capacity of existing 8000 MTS to 12000 MTs by construction of an additional shed of 4000 MT, to store the paddy husk in the covered shed during the season November to January. The above shed capacity expansion (of 4000MT) has been completed by October, 2020. The 9000 MT storage shed is located at within the cement plant premises and 8000 MT & 4000 MT storage sheds are located at village Ghurdang, just adjacent to the Birla Vikas cement plant (BVC) premises. Moreover to this, Industry has taken adequate & sufficient steps to cover any Paddy husk to be used as fuel in a proper manner.
The current photographs of Paddy husk storage sheds (9000, 8000 & 4000) are attached at Annexure-1.
Point No. 2 The construction of Pucca drainage system from the industry to STP unit, consisting of 412 M length has been started from 20th September, 2017 & the entire construction work has been completed by 30th March 2018. The entire drainage is plastered & cemented and covered by cement concrete plates. After this , there is no obstruction and no stagnation of Sewage water observed. The entire sewage water is flowing freely to plant STP unit (1080 KLD) without any further Stagnation or obstruction. By constructing Pucca drain, industry ensured that no Sewage water discharged in the drain & entire quantity has been duly treated.
Current photographs of construction of new pucca drainage system are attached at Annexre-2.
Regarding Sewage treatment Plant, Industry has already set up a STP of capacity 1080 m³/day & whole Sewage water is diverted to this STP. After treatment, the waste water is being recycled & consumed for Plantation & gardening.
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Point No.3 On inspection of site, the area depicted in the Photographs just outside industry was found to be neat & clean and there was no sign of any burning of MSW. The area in vicinity of Truck yard was inspected & found to be free of Polythene & Plastic and other wastes. Industry is complying with all the Environmental norms & ensured that there shall be no waste material is dumped in the vicinity of Truck yard.
Industry has started doing plantation in the vicinity of Truck yard & is developing Green belt in the area concerned. Hoardings & Display Board have been placed by industry to create awareness among Truck owners, drivers & staff who park their trucks not to throw or burn any Plastic or other type of Waste in the area.
As such industry is complying with the Environmental norms satisfactory as directed by Hon'ble NGT.
The site photographs of MSW burning are attached at Annexure-3 & they depict the area is totally free of Plastic or any other Waste material.
7. Learned Counsel appearing for the Applicant Shri Rohit Sharma has submitted that the sewage / nallah has not been covered and the foul smell is still spreading in the colony affecting the residents. He has further submitted that the sewage water which is sent to the STP is not meeting the parameters as laid down by the CPCB. We are of the view, that it is for the State Pollution Control Board to monitor the water quality both inlet and outlet which are being treated by the STP and in case there is any discharge of untreated water or the STP is not meeting the parameters laid down by the CPCB. Necessary legal action should be initiated and environmental compensation should be realized in addition to the remedial measures to be taken to meet out the 10 standard parameters. The present report submitted on 31.07.2021 with regard to compliance discloses no deficiency and the orders which have been directed to be complied, have been complied by the industry. Thus, we finally dispose of this Original Application No. 59/2017 (CZ) with the direction to State Pollution Control Board to regularly monitor the status of discharge of untreated water and also the free flow of nallah which should be covered and also that the industry is complying the provisions of Air (Prevention & Control) Act, 1981, Water (Prevention & Control) Act, 1974 and Solid Waste Management Rules, 2016.
Sheo Kumar Singh, JM Arun Kumar Verma, EM 6th August, 2021 O.A. No.59/2017 (CZ) K 11