National Green Tribunal
Isanaka Vedavathi vs Ministry Of Environment, Forest And ... on 13 July, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 221 of 2015 (SZ)
IN THE MATTER OF:
Isanaka Vedavathi
H.No. 16-4-966, Pinakini Avenue,
Near Apollo Hospital,
Nellore - 524 003.
...Applicant(s)
Versus
Union of India
Represented by its Secretary,
Ministry of Environment, Forest & Climate Change,
III Floor, Prithvi Wing, Indira Paryavaran Bhavan,
Jor Bagh, New Delhi - 110 003 and Ors.
...Respondent(s)
For Applicant(s): None.
For Respondent(s): Mr. Meyyappan represented
Mrs. Me. Saraswathy for R1.
Mrs. Madhuri Donti Reddy for R2 to R4.
Mr. C. Seethapathy for R5.
Mr. D. Sreenivasan for R6.
Mr. E. Omprakash, Senior Adv. along with
Mr. D. Sreenivasan for R7
Mr. M. Ravindran, Senior Adv. Along with
Mr. D. Sreenivasan for R9.
Mr. V. Radhakrishnan, Senior Adv. Along with
Mr. D. Sreenivasan for R10.
M/s. Apparajitha Vishwanath for R8.
M/s. Krithika represented
Mr. Lakshmi Kumaran & Sridharan Attorneys
and Mr. R. Raghavan Ramabadran for R11.
Page 1 of 101
Judgment Pronounced on: 13th July 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.221/2015 (SZ), 13th July 2022. Mn.
Page 2 of 101Item No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference) Original Application No. 221 of 2015 (SZ) IN THE MATTER OF:
Isanaka Vedavathi H.No. 16-4-966, Pinakini Avenue, Near Apollo Hospital, Nellore - 524 003.
...Applicant(s) Versus
1) Union of India Represented by its Secretary, Ministry of Environment, Forest & Climate Change, III Floor, Prithvi Wing, Indira Paryavaran Bhavan, Jor Bagh, New Delhi - 110 003.
2) Andhra Pradesh Pollution Control Board Represented by its Member Secretary A-3, Paryavaran Bhavan, Sanath Nagar, Industrial Estate, Hyderabad, Telangana State - 500 018.
3) The District Collector/District Executive Magistrate Collectorate Buildings Nellore Town - 524 002 SPS Nellore District, Andhra Pradesh.
4) Andhra Pradesh Pollution Control Board Represented by its Regional Officer, Regional Office, 1st Floor, A.P.S.F.C. Building, A.K. Nagar, Nellore Town & District - 524 004 Andhra Pradesh.
5) M/s. Adani Wilmar Limited Represented by its Managing Director Having Registered Office at Fortune House, Near Navrangpura Railway Crossing Ahmadabad - 380 009 Gujarat.
(R5 - Substituted as per the order of the Tribunal dated 03.02.2021) Page 3 of 101
6) M/s. Saraiwwalaa AGRI Refineries Limited Represented by its Managing Director Pantapalem Village & Post (Via) Niduguntapalem Muthkur Mandal SPS Nellore District, Andhra Pradesh - 524 323.
7) M/s. Gemini Edibles & Fats India Private Limited Represented by its Managing Director Pantapalem Village & Post (Via) Niduguntapalem Muthkur Mandal SPS Nellore District, Andhra Pradesh - 524 323.
8) M/s. South India Krishna Oil & Fats (P) Limited Represented by its Managing Director Pantapalem Village & Post (Via) Niduguntapalem Muthkur Mandal SPS Nellore District, Andhra Pradesh - 524 323.
9) M/s. Emami Biotech Limited Represented by its Managing Director Pantapalem Village & Post (Via) Niduguntapalem Muthkur Mandal SPS Nellore District, Andhra Pradesh - 524 323.
10) M/s. 3 F Industrials Limited Represented by its Managing Director Pantapalem Village & Post (Via) Niduguntapalem Muthkur Mandal SPS Nellore District, Andhra Pradesh - 524 323.
11) M/s. Louis Dreybus Last Commodities India Private Limited Represented by its Managing Director Pantapalem Village & Post (Via) Niduguntapalem Muthkur Mandal SPS Nellore District, Andhra Pradesh - 524 323.
...Respondent(s)
Page 4 of 101
For Applicant(s): None.
For Respondent(s): Mr. Meyyappan represented
Mrs. Me. Saraswathy for R1.
Mrs. Madhuri Donti Reddy for R2 to R4.
Mr. C. Seethapathy for R5.
Mr. D. Sreenivasan for R6.
Mr. E. Omprakash, Senior Adv. along with
Mr. D. Sreenivasan for R7
Mr. M. Ravindran, Senior Adv. Along with
Mr. D. Sreenivasan for R9.
Mr. V. Radhakrishnan, Senior Adv. Along with Mr. D. Sreenivasan for R10.
M/s. Apparajitha Vishwanath for R8.
M/s. Krithika represented Mr. Lakshmi Kumaran & Sridharan Attorneys and Mr. R. Raghavan Ramabadran for R11.
Judgment Reserved on: 18th April 2022.
Judgment Pronounced on: 13th July 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. This case pertains to pollution caused on account of operation of the edible oil refinery units viz., Respondents No.5 to 11 arrayed in the application situated in Pantapalem Village, Muthkur Mandal, SPS Nellore District.Page 5 of 101
2. According to the applicant, these edible oil refinery units have not provided necessary pollution control mechanism and discharging their untreated effluents into the water channel which ultimately reaches the water body causing water pollution.
3. It is alleged in the application that they are drawing excessive groundwater from the bore well resulting in large scale depletion of groundwater denying the source of water to the people residing in that area. There was unbearable stench caused in the surrounding air nearby every unit making it impossible to local residents to live, apart from that dust pollution generated from the coal/husk boilers of the units also resulting in large scale air pollution in that area affecting the health of the people. They have not provided necessary pollution control mechanism to suppress the air pollution. Even if certain mechanism have provided, they were not meeting the norms as stipulated by the State Pollution Control Board in their Consent conditions. They have not provided adequate greenbelt so as to suppress the air as well as sound pollution that is likely to be caused on account of the operation of the units. The illegal discharge of untreated effluents into the water channel polluted both surface and groundwater to such an extent that the water cannot be used for irrigation and drinking and thereby, the agricultural activities in the nearby areas have been affected.
4. It is submitted in the application that the applicant is having agricultural lands measuring 12 Acres 73 Cents in Sy. No.577, an extent of 1 Acre 34 Cents in Sy. No.721 and an extent of 0.26 Cents in Sy. No.714/B which is termed as Epuru 1A and the main cultivation is paddy. The source of irrigation of the said lands is Budda Kalva Drain and the water is drawn for raising paddy crops in a regular manner. The total extent of land covered under the Budda Kalva Drain is 150 Acres. Another irrigation source is the water released from the Irrigation water tank in Pantapalem Village and under the said tank, an extent of 300 Acres of agricultural lands are benefited. These lands are fertile lands covered under two channels. On account of pollution caused to the water in the drain, agricultural activities in 450 Acres have been affected. These seven units Page 6 of 101 are established in the village abutting Pantapalem, mainly with an aim of refining Palm Oil from the Palm oil crude imported from abroad through Krishnapatnam Port and supplying the said crude from Krishnapatnam Port to Edible Oil Refinery units directly through pipeline and edible oil refining process continuously being undertaken round the clock and thereby, discharging several thousands of waste, water/trade effluents from the said units. None of the units have established technically evaluated pollution control equipments to be installed in the units. In fact, the units are expected to follow the ZLD system and expected to reuse the treated water for their purposes as directed by the State Pollution Control Board as well as the Central Pollution Control Board and Ministry of Environment, Forests & Climate Change. They have not provided any treatment plants for treating the liquid waste generated both sewage as well as trade effluents before discharging into the irrigation canals after meeting the standard as provided under the Consent granted. The units are expected to apply "Precautionary Principle" to provide pollution control mechanism to suppress the pollution in order to achieve the proper sustainable development as expected by the Government.
5. The said factories are releasing the untreated effluents into the Budda Kalva Drain directly and in addition to the same, by tankers carrying effluents are also letting into the Pantapalem Irrigation Channel and effluents are left over in these channels and this has badly affected/damaged the entire soil structure and the fertility of the soil and made the agricultural lands unfit for cultivation. They have failed to undertake the required recycling and treatment of effluents before letting the recycled water to any sort of canal or let into area in addition to the same. Though complaints were made to the authorities, Respondents No.1 to 4 had not taken any appropriate action and failed to discharge their statutory obligation of protecting environment. The Pollution Control Board both the Regional Office and Head Office were also not taking stringent action against erring units which pollutes the groundwater and also causing air pollution on account of their activities.Page 7 of 101
6. Since the authorities have not taken any proper action, the applicant has no other remedy, but to approach this Tribunal by filing this application seeking the following interim as well as final reliefs:-
"Interim Relief:
Direct the Respondents No.1 to 4 to take effective action to prevent the discharging of Edible Oil Effluent water and wastes outside the unit premises in any condition into Irrigation Channels and Drain Channels in Pantapalem Village, Muthkur Mandal, SPS Nellore District, Andhra Pradesh.
Final Relief:
(i) Issue an order of injunction restraining the Respondents 5 to 11 discharge the Edible Industrial effluents with contaminated water into the Irrigation Channels and Drain Channels in Pantapalem Village, Muthkur Mandal, SPS Nellore District, Andhra Pradesh - 524 323
(ii) Issue an order of direction directing the Respondents 1 to 4 to remove industrial contaminated wastes and effluent water on the water channels which are discharged by the Respondents 5 to 11
(iii) Issue a direction to remediate and restore the Water channels, agricultural fields and the water tanks to the original position due to water pollution and other environmental damages arising out of effluents released from the Edible Oil Refineries by the Respondents 5 to 11
(iv) Pass such further or other orders as this Hon‟ble Tribunal may deem fit and necessary in the interest of justice."
7. The 1st Respondent filed counter affidavit contending that the Edible Oil Refinery units are regulated under the consents granted under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 issued by the Andhra Pradesh Pollution Control Board and if there is any violation of conditions or pollution being caused on account of their activities, then it is for the State Pollution Control Board to take appropriate action against the erring units. The MoEF&CC had notified effluent standards for Edible Oil and Vanaspati Industry at S.No.67 in Schedule - I of the Environment (Protection) Rules, 1986, wherein the waste water discharge standards were also notified, evidenced by Annexure - 1 produced along with the counter. It is for the State Pollution Control Board to monitor the standard and take action against those industries who are not fulfilling the standard provided under the Environment (Protection) Rules, 1986. The MoEF&CC is only a policy maker and the enforcement of the provisions of the environmental laws are to be carried out by the respective regulators of the State viz., State Pollution Control Board. So, they prayed for accepting their contentions and passing appropriate orders.
Page 8 of 1018. The 2nd Respondent filed counter denying the allegation of inaction on the part of the 2nd Respondent. The Rolling Task Force Team of officials constituted by the Pollution Control Board had inspected the oil industries of Respondents No.5 to 11 and submitted the detailed report wherein various issues viz., non - compliance of water and air pollution control aspects, depletion of ground water level, instances of illegal discharge of untreated effluents into the nearby water bodies and inadequate air pollution control systems by the edible oil refinery units and thereby causing air pollution in the surrounding areas were furnished and requested the Board to conduct review meeting with the edible oil refinery units. The Pollution Control Board had conducted the review meeting on 06.07.2015 with all the edible oil refinery units operating in Krishnapatnam area and reviewed the pollution control status and made the edible oil industries to prepare comprehensive action plan to overcome the severe pollution and environmental issues noticed by the inspection team and accordingly, Management of Edible Oil Refinery units had been instructed to take measures for implementation of action plan and the copy of the Minutes of the meeting held on 06.07.2015 was produced as Annexure R2 (1) along with the counter. The Board conducted stack and ambient air quality monitoring of the Edible Oil Refinery units and observed that the SPM & RSPM values exceeded the prescribed norms stipulated by the Board. Respondents No.5 to 11 had constructed the Effluent Treatment Plants for treating waste water before utilizing the same for land applications after treatment. Since some of the units were not having adequate extent of land to utilize treated effluents for online applications, these industries had provided ZLD systems as per the directions of the Board. After receipt of several complaints from the public regarding the operation of ETPs, the Board conducted review meeting on 06.07.2015 after inspection conducted by the rolling task force team. As per the discussions during the meeting, all the managements of Edible Oil Refinery units had submitted action plan for construction of common ETP, permissions from the concerned departments for drawal/allotment of water by the State Government, upgradation/rectification of the existing air pollution control systems to meet Board's standards. During the subsequent monitoring, it was Page 9 of 101 noticed that the SPM levels of stack emissions were not meeting the standards stipulated by the Board and also not taken steps for effective implementation of pollution control resource as committed in the action plan submitted to the Board by Edible Oil Refinery units. In respect of violations of the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 for drawal of huge quantities of water from unauthorized external agencies, the Board had addressed a letter to the Revenue Divisional Officer for taking necessary action against Respondents No.5 to 11 for causing public nuisance vide letter dated 08.07.2015, evidenced by Annexure R2 (2) produced along with the counter. A review meeting was again held on 03.02.2016 at the Board Office to review the implementation status of action plan proposed on 06.07.2015 during which revised timelines for implementation were submitted by the industries and the industries had been directed to stick to the revised timelines and to complete the implementation of the action plan within nine months' time and the copy of the minutes of the meeting held on 03.02.2016 was produced as Annexure R2 (3). The Board was periodically reviewing the implementation of action plan with representatives of the edible oil industries in task force meetings and also taken up issues with the concerned government agencies for providing surface water and infrastructure facilities including land for construction of common treatment and disposal facilities. They denied the allegation of inaction on their part as alleged in the application. So, they prayed for accepting their contentions and passing appropriate orders and they are prepared to abide by any directions issued by this Tribunal.
9. The 5th Respondent filed counter contending that the 5th Respondent/Adani Wilmar Limited is a company incorporated under the Companies Act, 1956 and engaged in the business of manufacture and sale of edible oil originally by name Krishnapatnam Oils and Fats Private Limited which later amalgamated with Adani Wilmar Limited as per the order of the Hon'ble High Court of Gujarat passed in Company Petition No.309 of 2015, dated 28.10.2015. They were adopting Zero Discharge system which was in operation since 2012. So, there was no question of discharge of water and effluent into the ground arises. As regards the Page 10 of 101 drawing of groundwater is concerned, they had obtained necessary permission to draw water from Sarvepalli Reservoir and strictly operating in compliance with the permission granted by the Ground Water Department, Government of Andhra Pradesh. They were permitted to draw 264 Kilo Liters of water per Day (KLD). The edible oil units have been permitted to draw 7.65 Million Liters of water per Day (MLD) from the Sarvepalli Reservoir by the Chief Engineer, NTR Telugu Ganga Project, Tirupati. This helps to reduce drawal of groundwater. They had provided pollution control mechanism to suppress air pollution as per the directions issued by the Pollution Control Board and also installed Online Stack Monitoring System and it is being transmitted to the Pollution Control Board. They had developed greenbelt of 3.5 Acres within their factory premises. They had also explained the manner in which they were collecting the waste, disposing the same and how the treated water is being reused for their purposes. They had also furnished the details of manufacturing process adopted by them in their unit. They denied the allegation of any pollution being caused on account of their activities. So, they prayed for accepting their contentions and passing appropriate orders.
10. The 5th Respondent also filed additional reply statement denying the allegations made in the application and also reply filed by the Pollution Control Board denying the allegations made against them and also giving the details of the steps taken by them on the basis of the directions issued at the time of review meetings. They received a show cause notice from the RDO to show cause as to why the production should not be ordered to be cut down by 25% and for drawing water through tankers from alleged unauthorized outside water suppliers in violation of A.P. Water, Land and Trees Act, 2002, for which, they had submitted their reply and no further action has been taken in this regard. So, they prayed for accepting their contentions and passing appropriate orders.
11. The 6th Respondent filed reply affidavit (during March 2016) contending that they were engaged in manufacturing & sale of Refined oils, Vanaspati etc. and commenced its edible oil refinery operations at Krishnapatnam Port, SPSR Nellore District in the year 2010 qualifying as Page 11 of 101 a 'Mega project' as part of the Government of Andhra Pradesh, Industrial Investment Promotion Policy 2005-2010 read with G.O. Ms. No. 29, Industries & Commerce (IP) Department dated 11.02.2009 with an investment of more than Rs.100 Crores. Their company was registered under the Companies Act, 1956. They were engaged in the process of manufacturing edible oils and the effluents were treated through Effluent Treatment Plant and Forced Evaporation System and equipped with the "Zero Liquid Discharge" (ZLD). They had provided the following equipments to prevent air pollution:-
"For handling coal and husk Fuel material handling system is totally covered;
For maintaining and controlling flue gas emissions -Cyclone separator, mechanical dust collector (MDC) and bag filters;
For handling ash - pneumatic ash handling system with silo for storage; For stack monitoring - Every month ambient and stack monitoring analysis is done by the competent third party lab. In the month of February, 2016 the 6th Respondent has issued purchase order to install ONLINE STACK MONITORING system to the boiler chimney which will be linked to the APPCB website. The installation work is in process and shall be completed shortly. A request letter has been made to the Regional APPCB Office, Nellore in this regard. Further the 6th respondent places on record that there are no process emissions.
12. It is further contended that this application was filed by the applicant on the basis of two complaints both dated 17.07.2015 made by the applicant to Respondents No.3 & 4 respectively. The complaint was basically triggered against some units and there was no reference to the 6 th Respondent in that complaint. But in the present application, without giving any details of violation committed, the applicant had impleaded the 6th Respondent also as one of the violating industries by making general allegations against them as well. They denied all the allegations relating to them as false and without any merit. They had obtained CTE from the Pollution Control Board vide Proceedings dated 04.11.2009, evidenced by Annexure-I produced along with the counter. They had setup the refinery and commenced commercial production in June, 2010 after obtaining the Consent for Operation (CFO) from the APPCB and it was being renewed from time to time and lastly, it was renewed vide Proceedings No.CFO No.143 / PCB / ZO - VJA / CFO / W & A / 2012/1997 which is valid up to 31.05.2016, evidenced by Annexure - II produced along with the counter. As regarding the drawal of excess water is concerned, they had given the details as to how this is being met which they had not extracted. They also mentioned about the manner in Page 12 of 101 which the treated effluents were being used by them and also the mechanism provided to suppress the air pollution and also to manage the ash generated during their operation. They had provided all pollution control mechanism and none of the grounds alleged were applicable to the 6th Respondent and there was no cause of action for the applicant against the 6th Respondent, as they were not causing any pollution as alleged. So, they prayed for accepting their contentions and passing appropriate orders.
13. The 6th Respondent also filed counter in reply to the 2nd Respondent counter received on 10.02.2017 contending that the M/s. Saraiwwalaa AGRI Refineries Limited is engaged in manufacturing & sale of refined oils, Vanaspati etc. and commenced its edible oil refinery operations at Krishnapatnam Port, SPSR Nellore District, in the year 2010 qualifying as a 'Mega project' as part of the Government of Andhra Pradesh, Industrial Investment Promotion Policy 2005-2010 read with G.O. Ms. No.29, Industries & Commerce (IP) Department dated 11th February 2009 with an investment of more than Rs.100 Crores. The 6th Respondent is a company registered under The Companies Act, 1956 and they are following the laws and procedures laid down in environmental matters and they were well committed to protecting the environment and avoid pollution being caused on account of their activities. The 6th respondent had been operating with a compliance of conditions of CFO issued by the APPCB, since commencement of the unit in the year 2010. They had reiterated the particulars of Consent obtained and its validity as explained by them in the earlier counter. Regarding the usage of the Surface Water, as per the directions of the APPCB, they had obtained permission from the Govt. of Andhra Pradesh to draw water from Sarvepalli Reservoir through Water Tankers. The approach road to Sarvepalli Reservoir at present is in muddy conditions and not feasible for movement of Water Tankers up the drawl paint. They had requested to the Government to develop necessary infrastructures so as to enable them to draw water through pipeline due to various reasons. Detailed DPR had been prepared by the outside engineering consultant for laying the pipeline and submitted the same to the Government and it was under Page 13 of 101
process and the total project cost was Rs.10 Crores. The 6th Respondent had not let out any effluent water into the drain and they also committed not to discharge any waste water through tankers or let out waste water outside their factory premises. They were operating Effluent Treatment Plant and Forced Evaporation plant. Treated effluent is being used for Cooling Tower top up/greenbelt development and ash quenching. They already installed Mass Flow Meters to record the flow of water at each stream. They were operating Full Fledge Biological Effluent Treatment Plant with two stages aeration system as per the approval given by A.P. Pollution Control Board for treating effluents generated from process areas, washing and blow down, and Forced Evaporation systems with a drier of high TDS effluents generated from chemical refining effluents. They were reusing the effluents for plant purposes & gardening. Quality parameters of treated water are monitored on regular basis which were meeting the standards and the Analysis reports were produced as Annexure - 2. In order to further reduce the reject water quantity (RO reject boiler blow down), they had set up 2 stage RO with clarifier and sand filter and photographs of the same were produced as Annexure - 3. Regarding the Common effluent treatment plant as per the guide lines of APPCB the SPV has been formed and approved by the Registrar of Companies and copy of which was produced as Annexure -
4. They had approached the District Collector for allocation of land for CETP and as per his advice, they met APIIC ZM and MRO to identify the suitable land. To conduct the feasibility study on CETP, the work order had been released to NEERI, evidenced by Annexure - 5. Regarding the Management of Solid waste, they had approached the District collector Nellore to allocate abandoned mine for disposal of solid waste. Identified one mine belonging to M/s Penna Cements at Nalagonda. They had agreed to take the Solid Waste/ETP Sludge to co-incinerate in the Kiln. The details had been submitted to MRO for further processing and the APPCB Regional Office had forwarded the report to their Zonal Office for further action in the matter. The 6th respondent in order to prevent air pollution had installed all necessary equipments as follows:
• To control the spread of husk / coal dust and ash that is generated from Boiler and Thermic Fluid Heater, respondent No: 6 has installed cyclonic separators, Multi Cyclone Dust collector followed by Bag Fitters with silo for Page 14 of 101 handling ash through pneumatic conveying system, Photographs attached Annexure - 6.
• The unit is being operated with Air Pollution Control equipments and the same is monitored regularly and also maintaining adequate inventory of Bag filter clothes so that the damaged bags can be replaced immediately if there is any problem during operations there is also sufficient closed storage facility.
14. It is further contended that they had provided closed shed for coal/husk storage with covered conveyors and ash storage shed as per the directions of APPCB. These installations were used to control Flue Gas Emission also, evidenced by the photographs produced as Annexure - 7 to the counter. Regarding Ash Pneumatic Ash Handling System with Silo for storage & additional closed shed with a facility to directly load the ash into the lorry trucks and tractor trolleys while loading, ash quenching was being done with water to avoid fugitive emissions, evidenced by photographs produced as Annexure - 8. Online Stack Monitoring System was installed as per Andhra Pradesh Pollution Control Board (APPCB) Consent For Operation (CFO), evidenced by photographs produced as Annexure - 9. The 6th Respondent was in continuous touch with NIC for connectivity to APPCB website. Till completion of this online linking with the website of APPCB, stack monitoring analysis had been done by authorized third party lab and the Analysis Report was produced as Annexure - 10 along with the counter. They developed additional greenbelt within and in and around the plant, evidenced by Annexure - 11/Photographs. They planted avenue trees at another one acre of land at Pantapalem village which is used for treated effluent to develop greenbelt near the unit, evidenced by Annexure - 12/Photographs produced. As per the advice of the AP Pollution Control Board, they had identified two villages Pantapaiem and Epuru as Ambient Air Quality monitoring stations and Analysis Report from those areas were produced as Annexure - 13 along with the counter. They denied the allegation regarding violation of Water Act, 1974 and Air Act, 1981 and also regarding not providing pollution control mechanism and discharge of untreated effluents into the water channels. Review meetings were held periodically by the APPCB and they had actively participated in those meetings and submitted their action plan and action taken report during those review meetings and the report submitted during December meeting was produced as Annexure - 14 along with the counter. They Page 15 of 101 denied the allegation that they had violated the norms relating to SPM and RSPM and if that be the case, the 2nd Respondent could have given the exact readings, since they had online stack monitoring system. According to the applicant, there was no cause of action against them and they were strictly following the norms and conditions imposed in the Consent to Operate and no pollution was being caused on account of their operation. The Pollution Control Board authorities were periodically inspecting the units and the renewal of consent was being granted only after satisfaction of the compliance of the conditions imposed and directions issued by them in this regard. So, they prayed for accepting their contentions and passing appropriate orders.
15. The 7th Respondent filed counter affidavit contending that the 7th Respondent viz., M/s. Gemini Edibles & Fats India Private Ltd., is engaged in manufacturing & sale of Refined oils, Vanaspati etc. and commenced its operations at Krishnapetnem Port, SPSR Nellore District, in the year 2010 qualifying as a Mega Project. The 7th Respondent is a company registered under the Companies Act, 1955. The effluents are treated through effluent treatment plant, followed by Ultra filtration system, Re - Reverse osmosis plant and Multiple effect evaporator plant they are equipped with "Zero Liquid Discharge". They have made the following equipments/systems to control air pollution:
For handling coal and husk - fuel material handling system totally covered; For maintaining and controlling flue gas emissions - cyclone separator, mechanical dust collector (MDC) and bag filters;
For handling ash - pneumatic ash handling system with silo for storage; For stack monitoring - Every month ambient and stack monitoring analysis is done by the competent third party lab. In the month of February, 2016 the 7 Respondent has installed ONLINE STACK MONITORING system to the boiler chimney which will be linked to the APPCB website and a request letter has been made to the Regional APPCB Office, Nellore in this regard. Further the 7th respondent places on record that there are no process emissions.
16. It is further contended that the Application was barred by limitation, as it was filed long after the establishment of the unit and there were various other units also situated engaged in similar activities in that area. But the applicant had selected to file application only against Respondents No.5 to 11 with certain malafides. They had obtained Consent to Establish and also CTO in the year 2010 and it was being renewed from time to time.
Page 16 of 101They denied the allegation of discharging untreated effluent into the agricultural lands and drawing excessive quantity of ground water via bore well etc. They also reiterated the understanding with the Government and the edible oil manufacturing industries regarding the supply of water from the reservoir as contended by the 6th Respondent. They were purchasing water from various vendors to keep the industry running since adequate water supply was not provided by the Government. They had made lot of representations to the District Collector and Commissioner of Industries for this purpose. The industry was discharging waste water through illegal means by engaging tankers was not correct and hence denied. They had not let out any effluents into the water channel and they were reusing the treated water for their own purpose for cooling tower top up / green belt development and ash quenching. Quality parameters of treated water are monitored by the authorities. They have provided sufficient water pollution control equipments and the allegation contra were denied. They had invested about Rs. 2 crores for setting up second stage RO and to reduce RO reject water to 60 KLD - PO. They also provided the following air pollution control mechanism For coal and husk - fuel handling system totally covered, IMDCI and bag filters;
For flue gas emissions cyclone separator, mechanical dust collector For ash- pneumatic ash handling system with silo for storage with a facility to directly load the ash into the lorry trucks and tractor trolleys;
For flue gas emission online stack monitoring system; have been put in place as per Andhra Pradesh Pollution Control Board's (APPCB) Consent For Operation (CFO)
17. It was further contended that they were regularly monitoring and maintaining the bag filters and there was sufficient closed storage facility for Coal and husk. They had ash silos for storing ash also. They had purchased online stack monitoring system which had been installed, commissioned & put into operation and the analytical report by third party was produced as Annexure - A6. The ETP Solid waste was stored under elevated floor with the roof shed as per the board directions and periodically, the sludge was sent only to APPCB authorized TSDF site Ramky Enviro Engineers, evidenced by Annexure A7. They had provided greenbelt of about 33% of the total area and planted with avenue trees and they were maintaining the same to ensure its survival Page 17 of 101 rate and they had planted another about 500 new avenue plants in the green belt area, evidenced by Annexure - A8. They were also utilizing their CSR funds for various activities in different location near the 7 th Respondent unit, as per the direction of the District Collector - Nellore. They had reiterated the ground wise reply separately which we are not extracting as it has been considered in the earlier paragraphs. So, they prayed for accepting their contentions and passing appropriate orders.
18. The 7th Respondent also filed a rejoinder to the reply submitted by the Pollution Control Board denying the allegations made against them in the reply submitted by the Pollution Control Board. In review meetings, they had actively participated and also submitted the action taken reports to the authorities. They never violated the norms fixed by the Board regarding the SPM and RSPM and they had not given the details of excess reading noted by them. As regards the usage of Surface Water, in the review meeting held in the chambers of District Collector and District Magistrate, SPSR Nellore, the District Collector had instructed the SE, Irrigation, Nellore to submit a report on availability of water required for edible oil companies from Sarvepalli Reservoir and also on tracking the water through tankers as temporary measure till the permanent scheme is established. The edible oil industries received inprinciple approval from the Chief Engineer, NTRTGP, Tirupati for drawing water from Sarvepalli Reservoir and the District Collector had instructed to approach the Water Department for approval of water supply to oil industries. As per the instructions of the Member Secretary, APPCB, a DPR to draw water from Sarvappelli dam was also in progress. The 4th Respondent had written to the RDO Nellore and the RDO in turn issued notice under 133 of Cr.P.C. dated 04.06.2015 and 17.03.2016 regarding the industries drawing water through lorries, air pollution, discharge of water, etc. They had sent a detailed reply to the notice issued, but they had not received any further response from the Pollution Control Board or the RDO. They also explained the common treatment and marine disposal system addressed in the review meeting and they had instructed the Zonal Manager, APIIC Limited, Nellore to take necessary action for preparing technical feasibility report through NEERI and technical team of NEERI had visited Page 18 of 101 their factory and evaluated the ETP operations. The District Administration was in the process of locating and finalizing the land for the Common ETP. As far as Ambient Air Quality Monitoring in the surrounding villages, the Edible Oil units collectively installed and commissioned two units in Pantapalem and Epuru Villages. Monthly data was being submitted to the PCB. Sludge collected was being sent to Ramki units which was duly approved by the APPCB for secondary treatment. Ash was being disposed through brick industries and they also approached the District Collector and MRO for according permission to dispose of the ash in abandoned mines and this was under progress. They had also furnished the details regarding the disposal of ash and other monitoring systems provided and the Upgradation made by them on the basis of the directions issued by the Pollution Control Board and also regarding the development of greenbelt etc. So, they prayed for accepting their contentions and passing appropriate orders.
19. The 8th Respondent filed counter affidavit contending that the application is not maintainable and they denied the allegations of violation of environmental laws and drawing of excess water unauthorizedly as alleged in the application. They contended that they were adopting the ZLD System and they were having their own ETP and they were reusing the treated water for their own purposes. The sludge was being treated by passing through the multiple effect evaporators provided and it was being disposed of as per the directions issued by the State Pollution Control Board through authorized agencies. They obtained necessary Consent and also authorization under the various environmental laws from the Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and also Hazardous Waste Management and Transboundary Movement Rules and it was being renewed from time to time. They also reiterated the arrangements made between the Government and Oil industries regarding drawal of water from Sarvepalli Reservoir. They were not using any bore well, as they had been permitted to draw 360 KLD of saline water by the Groundwater Department, Govt. of Andhra Pradesh vide their letter dated 23.01.2015 and as such, they were not drawing any bore well water for their purposes. They obtained water Page 19 of 101 through private agencies and that was being delivered to them through water tankers. Following the directions from the Andhra Pradesh Pollution Control Board, they were in the process of obtaining permission from the Government of Andhra Pradesh to take water from Sarvepalli Reservoir. They denied the allegation of causing odour pollution. They also denied the allegation that they had not provided with necessary greenbelt. They had planted around 3,000 plants in and around the factory premises measuring approximately 4.5 Acres. Further, a provision of 0.5 Acres had been provided for future greenbelt development and thereby, they proposed to maintain the greenbelt of 5 Acres. They also detailed the nature of process of manufacture and the pollution control mechanism provided and the manner in which the waste generated were being disposed in accordance with law. So, they prayed for passing appropriate orders, accepting their contentions.
20. The 8th Respondent also filed additional affidavit on 10.05.2017 in reply to the counter filed by the 2nd Respondent denying the allegations and also more or less reiterating the contentions raised by the other oil industries and the additional safeguards provided by them on the basis of the decisions taken in the review meetings. So, they prayed for accepting their contentions and passing appropriate orders.
21. The 9th Respondent filed counter affidavit more or less reiterated the allegations raised by the other oil industries and denying the allegations of pollution being caused on account of their operation. They also obtained necessary Consent and Authorization from the Pollution Control Board and they had provided necessary pollution control mechanism to deal with the pollution that was likely to be caused on account of their operation. They had provided with Effluent Treatment Plant and Multi Effective Evaporator and they were reusing the treated water for their own purposes viz., gardening, greenbelt purpose and ash quenching. They had obtained necessary Consent and Authorization as required under the various rules of environmental laws dealing with air, water and disposal of hazardous waste generated. Since they were Page 20 of 101 adopting ZLD system, there was no possibility of any discharge of any untreated effluents being caused from their industry.
22. The 9th Respondent also filed reply to the allegations raised against them by the 2nd Respondent in their counter affidavit regarding the non- compliance of certain conditions. They denied the allegation and they reiterated that they had provided all necessary pollution control mechanism and there was no violation and steps were being taken for the purpose of establishing the Common ETP etc. They also prayed for accepting their contentions and passing appropriate orders.
23. The 10th Respondent also filed counter more or less in tune with the contentions raised by the other oil industries denying the allegations of pollution being caused on account of their operation. They also contended that they obtained all necessary consent and authorization from the Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 and also under the Hazardous (Waste Management, Transboundary and Movement) Rules and it is being renewed from time to time. They were getting water through private agencies and it was delivered through tankers and they are not using bore well for the purpose of drawing groundwater. They also reiterated the contentions raised by the other oil industries regarding the steps taken by them to get permission to draw water from Sarvapalli Reservoir. They also provided all necessary pollution control mechanism and they are having their own ETP and they were not discharging any untreated effluent into the open ground and they were re-using the treated water for their own purposes. They were maintaining the air pollution control mechanism properly and also developed necessary greenbelt. So, according to them, there was no cause of action against them. So, they prayed for dismissal of the application.
24. The 9th Respondent also filed reply to the counter filed by the 2nd Respondent regarding the allegations made against them and the necessary steps taken by them on the basis of the directions given in the review meetings and they also explained the progress of the same as well. They also provided Online Monitoring System which was being Page 21 of 101 monitored and the data was being supplied to the Pollution Control Board. So, they denied the allegation of any pollution being caused and they also submitted that there was no cause of action and the application was filed with malafides and they prayed for dismissal of the application.
25. The 11th Respondent filed counter more or less reiterated the contentions raised by the other oil industries regarding the allegations made against them. They also contended that the application was not maintainable and it was abuse of process of law. They further contended that they had obtained all necessary permissions and consent and they also developed proper greenbelt. The consent granted is being renewed from time to time. They were adopting the ZLD System by establishing their own ETP and the treated water was being reused and there was no possibility of any untreated sewage being discharged from their unit. They had obtained additional 5 Acres of land for the purpose of developing the greenbelt and the fact had been intimated to the Pollution Control Board. They had also given the details of the pollution control mechanism provided and the manner of disposal of the sludge. They were strictly adhering to the principles laid down by the Hon'ble Apex Court in respect of providing greenbelt. So, they prayed for dismissal of the application.
26. The 11th Respondent also filed reply affidavit to the counter filed by Respondents No.2 & 4 regarding the allegations of non-implementing the Consent conditions and deficiency in the pollution control mechanism provided. They also reiterated about the show cause notice issued and the reply given by them as contended by the other oil industries to whom also such notices were issued from the revenue officials for unauthorized drawal of water. They had also taken all necessary steps on the basis of the decisions taken into the review committee meetings. So, there was no violation committed by them and there was no pollution caused on account of their activities. So, they prayed for dismissal of the application.
Page 22 of 10127. The matter was admitted on 04.01.2016 and thereafter, it was being posted on several occasions for completion of pleadings. Again, the matter was taken up on 16.03.2020 and after considering the pleadings and submissions made by the learned counsel appearing for the parties, this Tribunal observed that it is not clear from the documents produced as on that date as to the present status of the operation of the oil industries and whether the directions given by the Pollution Control Board to suppress the air and water pollution or usage of surface water had been properly complied or not. It was also noted in the order that from the report submitted by the Pollution Control Board in the year 2016, they were certain deficiencies found and review meetings had been conducted and certain directions had been issued to prepare action plan for the purpose of suppression of pollution that was being caused on account of their activities, including establishment of the CETP and the status of the progress of the steps taken for this purpose by the industries. So, in order to ascertain the present status and compliance of the conditions of Consent and also efficacy of the pollution control mechanism provided and whether the norms of ZLD was being adopted by them in its letter and spirit, whether the ETP (if any) established by the oil industries were meeting the norms and if not, what was the nature of action to be taken for the violation and also mitigating measures and in order to ascertain these aspects, this Tribunal appointed a Joint Committee comprising of (i) Senior Officer from the CPCB, Regional Office, Bangalore, (ii) Senior Officer from the Regional Office, MoEF&CC, Chennai and (iii) Senior Scientist from the Andhra Pradesh Pollution Control Board to inspect the industries in question and submit a factual as well as action taken, if there is any violation found.
28. The Joint Committee was also directed to go into the question as to whether the oil industries were strictly complying with the conditions imposed in the Consent to Operate / any other permission granted, whether there was any violation in usage of surface water and whether necessary permission had been obtained by the industries for drawal of surface water for their purpose, whether the pollution control mechanism provided to suppress water or air pollution were sufficient to meet the Page 23 of 101 requirement as had been provided under the Environment (Protection) Act, 1986, whether these units were properly disposing the fly ash generated during their manufacturing process and if there was any violation found, what was the nature of action taken including imposition of environmental compensation against the erring units on the basis of the guidelines issued by the CPCB in this regard and what was the status of implementation of action plan (if any) evolved during review meetings conducted by the Pollution Control Board and whether those action plans had been brought into action by the units as undertaken by them and if not, what was the action taken by the Pollution Control Board against those erring units and submit a comprehensive report to the Tribunal within two months. The Andhra Pradesh Pollution Control Board was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose. Thereafter, the matter has been adjourned from time to time for filing the report by the Joint Committee, expressing our displeasure in not submitting the report in time.
29. On 03.02.2021, this Tribunal had considered the Joint Committee report dated 01.12.2020, received on 06.01.2021 and extracted in Para (4) of the order which reads as follows:-
"I Preamble Cluster of Edible Oil Industries are operating in Krishnapatnam Portregion in SPSR Nellore district. The applicant Smt. Isanaka Vedavathi submitted a representation stating that pollution has been caused by edible oil units. Hon‟ble National Green Tribunal Southern Bench in order to ascertain the present status of the functioning of the edible oil refinery units and also to find out as to whether they are complying with the conditions of "consent" issued and whether the pollution control mechanism provided by them are proper and sufficient and whether they are complying with the norms and whether the "Zero Liquid Discharge" system said to have been established by them are properly functioning and whether there is any violation by any of the edible oil refinery units and if so, what is the action taken by Pollution Control Board in this regard has appointed a joint committee comprising of (1) a Senior Officer from the Central Pollution Control Board, Regional Office, Bangalore (2) Senior Officer from the Regional Office of MoEF & CC, Chennai and (3) Senior Scientist from Andhra Pradesh Pollution Control Board.
II Orders of the Hon'ble National Tribunal dated 16.03.2020 in OA No 221/2015 Hon‟ble NGT vide order dated 16.03.2020 has directed the following " So in order to ascertain the present status of the functioning of the edible oil refinery units and also to find out as to whether they are complying with the conditions of "consent" issued and whether the pollution control mechanism provided by them are proper and sufficient and whether they are complying with the norms and whether the "Zero Liquid Discharge" system said to have been established by them are properly functioning and whether there is any violation by any of the edible oil refinery units and if so, what is the action taken by Pollution Control Board in this regard, we appoint a joint committee, comprising of (1) a Senior Officer from the Central Pollution Control Board, Regional Office, Bangalore (2) Senior Officer from the Regional Office of MoEF & CC, Chennai and (3) Senior Scientist from Andhra Pradesh Pollution Control Board to inspect the units in question and submit a factual as well as action taken, if there is any violation found. The committee shall also go into the question as to whether the units are strictly complying with the conditions imposed either in the "consent to operate" or any other permission granted, whether there is any violation in the use of surface water and whether Page 24 of 101 necessary permission has been obtained by the units for drawal of surface water for their purpose, whether pollution control mechanism provided to suppress the air pollution or water pollution are sufficient to meet the requirements as has been provided under the Environment (Protection) Act, 1984, whether these units are properly disposing the fly ash generated during their manufacturing process and if there is any violation found, what is the action taken, including the imposition of environment compensation against the erring units on the basis of the guidelines given by Central Pollution Control Board in this regard and also what is the status of the implementation of the action plan if any, evolved during the review meeting conducted by Pollution Control Board and whether those actions have been brought into action by the units, as undertaken by them and if not, what is the action taken by Pollution Control Board against those erring units and submit a comprehensive report to this Tribunal within a period of two months through e-mail at [email protected]." Hon‟ble NGT order dated 16.03.2020 and 29.09.2020 is enclosed as Annexure-I and Annexure-II respectively.
III Composition and Scope of Committee In compliance to Hon‟ble NGT order, the following committee was composed:
1. Smt. Mahima T, Scientist-D, Central Pollution Control Board, Regional Directorate, Chennai
2. Dr. C. Palpandi, Scientist-C, Ministry of Environment Forest and Climate Change, Regional Office, Chennai
3. Sri. M.Pramod Kumar Reddy, Environmental Engineer, Andhra Pradesh Pollution Control Board, Regional Office Nellore (Nodal agency) The Committee has been vested with the mandate to visit and inspect the site inquestion and vested with followingscope vide the Order dated 16.03.2020:
a. to ascertain the present status of the functioning of the edible oil refinery units b. to find out whether edible oil units are complying with the conditions of "consent" issued and whether the pollution control mechanism provided by them are proper and sufficient and whether they are complying with the norms and whether the "Zero Liquid Discharge" system said to have been established by them are properly functioning c. action taken by Andhra Pradesh Pollution Control Board d. to find out whether whether there is any violation in the use of surface water and whether necessary permission has been obtained by the units for drawal of surface water for their purpose e. to find out whether pollution control mechanism provided to suppress the air pollution or water pollution are sufficient to meet the requirements has been provided under the Environment (Protection) Act, 1984 f. to determine whether these units are properly disposing the fly ash generated during their manufacturing process g. imposition of environment compensation against the erring units IV Site Visit by the Committee The committee constituted by Hon‟ble NGT vide order dated 16.03.2020 convened its first meetingon 27.07.2020 through video conference (VC) with the officials of Regional office, Nellore and reviewed the status of operation of Edible oil industries with respect to Pollution control issues.The committee inspected the units on 13.10.2020 and 14.10.2020. As per the scope vested on the committee, the information is compiled in tables VIa to VIg.
V Process Description- Edible Oil Refining Process V.a.General information:
Seven edible oil units are operating in KrishnapatnamPort region. The units are involved in refining of crude palm and sunflower oil. The Palm Oil extraction is to be done with the fresh Palm fruit to avoid the deterioration of Palm Oil. Hence, palm oil is extracted in the countries where it is cultivated to avoid its deterioration. All the seven edible oil units are importing crude palm oil from Indonesia, Singapore and Malaysia. Crude Palm Oil is yellow red or dark yellow in color and contains certain impurities which are removed by physical refining. During refining, Phospholipids, free fatty acids, colouring pigments (Carotenoids), Moisture, oxidative material, metal impurities, and water soluble impurities (glycerol, Phenols, Sugars) are removed. Crude sunflower oil is imported from Ukraine, Argentina, Malaysia. The crude palm oil is physically refined while the sunflower oil is chemically refined. All units are practising similar refining process with only minor modifications in the stages of refining. (carotenoids).
V.b Physical refining of crude palm oil: Crude palm oil contains 3.5%to 4.5% fatty acids that comes out as waste. Around 1% to 2% of fats or oil is lost in bleaching section. Total loss will be around 4.5% to 6.5%. The stages in physical refining are as follows: a. De-gumming: It is the process of removal of gums or phosphatides. It comprises the treatment of crude oil with water, salts, enzymes, caustic soda, or dilute acids such as phosphoric acid to 8 remove phosphatides, waxes, pro-oxidants, and other impurities. b. Bleaching: Trace metal complexes such as iron & copper, colouring pigments and oxidative products are removed by adsorption using bleaching earth. Spent Earth is sold to soap manufacturing units.2 Page 25 of 101 7 9
c. De-odorizer: Deodorization / De-acidification is done to remove the volatile components, mainly aldehydes and ketones, which causes smell in refined oil. In Deodorization process, free fatty acid removes in the form of Palm fatty acid distillate as a refining waste. During deodorization, bleached palm oil is steam distilled or boiled. The vapors from this section is the palm fatty acid distillate.
d. Crystallization: Portion of palm oil will crystallize on cooling and is known as palm-stearin or margarine and the other portion remains as liquid and is called palm-olien or cooking oil. Waste from physical refining: gums and other impurities and wastewater from degumming section, refining waste from refining section. The waste water contains oil and it is removed by centrifuge principles.
V.c Chemical refining of Sunflower oil/ Soybean oil: The steps involved in chemical refining are as follows:
a. Neutralization: Addition of caustic to reduce FFA (gum/ phospho lipid) from crude palm oil b. Bleaching: Removal of colouring pigments and other impurities c. De-waxing: The wax so removed is sold to cosmetic industry d. De-odorization: Removal of fatty acids and other volatile components. e. Fractionation: separation of hard fraction from refined palm oil VI. The status of edible oil industries is as follows VI.a Compliance Status of M/s Gemini Edibles & Fats India Pvt Ltd a Name & complete address of the unit M/s Gemini Edibles & Fats India Pvt Ltd, Sy.No. 1607/2, Industrial Park, Pantapalem (V), Muthukur (M), SPSR Nellore district b Contact Details Sh. Prathap Vice- President Operations +91 -9866556188 c Geo-cordinates 14°15'36.3"N 80°04'19.0"E d Area 15.2 acres e Status of CFO & Authorizations and its The combined Consent and Authorization issued by APPCB is compliance valid till 30.06.2021.
f Year of commissioning 2010 g Production capacity Refined Vegetable Oil (Physical refining)-550TPD
Refined Vegetable Oil (Chemical refining)-250 TPD Fractioned vegetable oil- 600 TPD Interesterified fats- 125 TPD Vanaspathi-100 TPD By-products Distilled fatty acids-13386 Tons Per annum Acid oil-1690 Tons Per annum h Coal and flyash storage measures taken The unit has constructed separate shed for coal storage but to control fugitive emissions however, it was observed during inspection that the size of the shed is small and coal was stored in open. The unit has installed water sprinklers in storage yard.
The unit has installed flyash silo of capacity 100 Tonnes (10 days storage capacity against the direction of APPCB to install silo for 30 day storage.The flyash is sold to brick manufacturers.
Partially complied.
i Source of water and quantity of water Through water tankers and bore wells. used per day The total water requirement of the unit is 610 KLD including Page 26 of 101 domestic requirement.
Quality of water will be having TDS of more than 1200 ppm, which has to be treated through RO.
Ground water and water audit department has given permission to the unit to utilize 350 KLD of ground through four bore wells but three of them have become dry and the unit has constructed three new bore wells and is drawing 180 KLD of ground water and has obtained fresh permission to draw additional 70 KLD of water. The unit has permission to utilize 250 KLD of ground water by 10hrs of pumping from the filter points. But however the major water requirement is met by procuring water in tankers.
j Effluent generation Around 30 KLD of effluent is generated from physical refining and is Low TDS effluent which is treated in ETP of capacity 200KL. ETP comprises of collection tank oil recovery system primary settling tankDAF aeration tank secondary clarifier RO. Raw water is treated in two stage RO system and RO rejects (70 KLD) is also treated in MEE. Outlet effluent from ETP is treated in RO of 200 KLD capacity. RO permeate is taken to cooling tower and for dust suppression. RO reject is taken to MEE.20 KL of HTDS effluent is generated from chemical refining section and after oil recovery it is treated in MEE followed by ATFD .ATFD salts sent to TSDF. MEE condensate is used for gardening and dust suppression.
There is no proper effluent conveyance system, the open drains carry both effluent and storm water. Though the effluent generation is only 30 KLD and capacity of ETP is 200 KLD.The industry has not given justification for providing higher capacity of the ETP and RO even the industry is generating 30 KLD and 20 KLD of LTDS and HTDS effluents, hence it prevails the industry is operating ETP in phased manner. During storage in collection tank, settling and putrefaction of effluent takes place which is likely to emanate odour.
There is no proper mechanism for sludge collection and transferring to sludge drying beds. Sludge was haphazardly stored in ETP area.
Part of sewage generated from the unit is also treated in ETP even the industry provided STP of 30 KLD capacity.
Not complying TableVI.a 1: Analysis results of samples collected by APPCB during 30.06.2020 S.No Parameter APPCB Inlet of Outlet MEE MEE MEE RO RO in mg/L standard ETP of ETP feed condens concentr permeat reject except pH ate ate e 1 pH 5.5-9.0 7.26 7.5 8.85 8.53 10.09 6.74 8.35 2 TSS 200 184 136 201 12 186 4 76 3 TDS 2100 3256 4018 10170 2486 52500 90 7240 4 COD 250 960 196 928 192 19680 <10 116 5 BOD 100 364 62 350 56 6152 BDL 34 Page 27 of 101 6 Oil & 10 12.6 8.4 25 47 226 BDL 4.0 grease The results indicate that MEE condensate is not complying with discharge standards stipulated by APPCB. Therefore MEE condensate shall be treated in RO. ETP outlet is around 30 to 35 KLD and RO capacity is 200 KLD, treated effluent is stored in a tank and RO is operated once in a week during which oxidation may take place resulting in BOD & COD reduction. RO reject is having TDS of 7240 mg/L against APPCB stipulated standard of 2100mg/L. Hence RO reject will be treated in MEE.
k Installation of magnetic flow meters Partially complied with totalizer The unit has installed flow meters and totalizer at the inlet and outlet of ETP but however the unit has not installed flow meter at raw water inlet. Since both ground water and water from tankers is utilized, the unit has not quantified the total water consumption and water used for various utilities.
Partially complied l Boiler of capacity 20 TPH Multi cyclone dust Thermic fluid heater of capacity collector followed by Bag 16.0 Lakh k.cal/hr (2Nos.-6.0 filters Air pollution sources and type of Lakh K.cal/hour + 10 Lakh K.cal/hour capacity) APCDs, status of stack, porthole, 3x 1000 KVA DG Sets Acoustic enclosures with OCEMS installation, location silencer & Muffler OCEMS has been installed at 24 mtr height of chimney.
Not complying TableVI.a.2: Stack monitoring at M/s Gemini Edibles by APPCB on 30.06.2020 Source SPMmeasured value APPCB emission standards Stack attached to 20 TPH boiler 129.7 mg/Nm3 115 mg/ Nm3 TableVIa.3: Ambient air quality monitoring at M/s Gemini Edibles by APPCB on 30.06.2020 Source PM 10 measured value APPCB emission standards Near the main gate within unit 132.2 µg/m3 100 µg/m3 premises m Status of installation of online stack The unit has installed online continuous stack monitoring monitoring equipment system to measure SPM and it is connected to APPCB server.
n Status of green belt Partially complied.
The unit has developed green belt in an area of 3.5 acres against the requirement of 5.0 acres (33%) with avenue plants. It was informed to the committee that the unit has taken compensatory plantation in their own 32 acres of land in other area. Rain water harvesting pit of 50MtrX40mtr is established inside the plant.
o Hazardous waste generation Unit is generating MEE salts, ETP sludge, used oil and spent nickel catalyst. MEE salts and ETP sludge are disposed to TSDF. The quantity of MEE salts & ETP sludge sent to TSDFis around 9 to 10 MT every three months against consented quantity of 10 MT / month.
ETP sludge is not properly removed and stored. Used oil and oil recovered from ETP is sold to soap manufacturers/ oil reclamation units, however no records were shown to Page 28 of 101 committee.
No records were shown to the committee on disposal of spent nickel catalyst. There is no proper covered shed for hazardous waste storage.
p Actions taken by APPCB during last The APPCB has issued directions to the industry 15.02.2018, one year 27.12.2018, 17.01.2020. The APPCB has forfeited Bank Guarantee of Rs.5.0 Lakhs on 17.01.2020 for non-compliance of Board directions.
Directions were again issued on 28.09.2020.
The APPCB has again forfeited Bank guarantee of Rs 10.00 lakhs on 28.09.2020 for non compliance of the Board directions.
Overall Compliance status APPCB issued directions to the unit vide order dated 15.02.2018. The unit has taken steps for improvement but partially complied with few of the directions as detailed above. But the committee observed that APPCB has not received specific complaints against the unit for discharging of effluent outside the industry premises. As per OCEMS records available with APPCB, the unit is not complying with APPCB standards for Particulate Matter. ZLD system installed. The actual water requirement of the unit is more than available water resources in the region.
Since the unit is partially complying the committee calculated environmental compensation using CPCB formulaEC=PI x N x R x S x LF S.N Period of PI S LF R (Rs) N Environmental noncompliance compensation (Rs) (days) 1 17.01.2020 to 80 1.5 1 250/- 270 81,00,000/-
13.10.2020*
Total EC for violation 270 81,00,000/-
Compensation levied by APPCB from 17.01.2020 onwards 15,00,00
Net Compensation to be paid by M/s Gemini Edibles 66,00,000/-
Rupees Sixty-Six Lakhs Only
List of major non-compliances
stack emission and ambient air not complying with APPCB standards w.r.t SPM and PM 10 respectively MEE condensate and RO reject which is used for green belt development/ dust suppression is not complying with APPCB discharge standards w.r.t TDS and O&G No proper effluent conveyance system from production block to ETP VI.b Compliance Status of Emami Agrotech Limited a Name & complete address of the unit M/s Emami Agrotech Limited, Sy No.s 501, 502/1 etc., Pantapalem (V), Muthukur (M), SPSR Nellore b Contact Details Sri M.V.Narayana Murthy- Unit Head Mobile: 9677167862 c Geo-cordinates 14°15' 40.2"N 80° 04' 23.2"E d Area 29.78 acres e Status of CFO & Authorizations and its The CFO and Authorization are valid till 30.11.2021 compliance Page 29 of 101 f Year of commissioning 2013 g Production capacity Refined Palm oil 1886 TPD Sunflower oil 186TPD Interesterfied oil 100 TPD Hydrogenated Oil 100 TPD Vanaspathi 200 TPD Refining of Soft Palm oil 130 TPD Palmolein 800 TPD Bakery Fat 210 TPD Palm stearine 200 TPD By Product Distilled Palm Fatty Acids 106.325TPD Distilled sunflower Fatty acids 0.5 TPD Acid Oil 14 TPD h Coal and flyash storage measures The unit has constructed separate shed for storage of rice husk and coal however it was stored both inside and outside the shed. 41 TPD of ash is generated per day. The unit has installed a silo of 150 Tonnes (roughly six days storage capacity) against APPCB direction of 30 days storage capacity. Fly ash spillage was observed in the area.The fly ash is also dumped in North east side of the industry.
On the day of inspection, chemical refining plant was not in operation Not complying i Source of water and quantity of water The total water requirement of the unit is 902 KLD and used per day majority (80 to 90%)of the water requirement is met from tankers. The total water consumed is not quantified by means of flow meter but however the units have maintained registers for the no. of tankers of water received. The quantity of water drawn from borewells is amounted by no. of pumping hours which is not accurate.
j Effluent generation Source Wastewater generation
Process & Washings 23.0 KLD
Acid Oil Plant 6.0 KLD
Boiler Bleed off 28.0 KLD
Cooling Tower Blow 32.0 KLD
down
RO Reject 60.0 KLD
Domestic 6.0 KLD
The quantity of the effluent collected in the ETP is not proportionate with their production and water consumption. The effluent is transferred in open drains from production block to ETP and committee observed that effluent spillage, over flow into adjoining areas. Storm water drains were filled with effluent and drains were clogged. The MEE and Sludge Centrifuge were not in operation since chemical refining was not taking place.
STP is provided for treatment of sewage.
k Installation of magnetic flow meters Flow meters installed at inlet and outlet of ETP& STP but with totalizer total water consumed is not quantified l The ETP is very poorly maintained. The aeration was not in Quantity of effluent discharged and operation. Sludge is not removed and oily sludge was mode of disposal. Components of ETP. accumulated in all components of ETP and which results in improper operation of ETP . The unit has to first scrap and remove the accumulated sludge and send it to TSDF. After Page 30 of 101 sludge removal, the mixing chambers and aerators has to be repaired and ensure that ETP is properly operated.
Presently, effluent from filter press is pouring down and not recycled into ETP and sludge is lying below the filter press. Periodically, the sludge is manually removed, packed in bags and stored in ETP area. The unit has not provided dedicated storage shed for storing hazardous wastes. Provision shall be made to recycle the effluent from filter press into ETP. A bin will be provided to collect the sludge from filter press. MEE condensate and RO permeate as well as RO reject is used for dust suppression and green belt development.
A periphery drain carrying the effluent and storm water drain was found to join the creek at south-east corner of the unit. Though it is temporarily closed but during heavy rains, there are likely chances of effluent joining the drain.
Not complying TableVI.b 1: Analysis results of samples collected by APPCB during 18.06.2020 S.No Parameter in APPCB Inlet of Outlet of MEE feed RO RO reject mg/L except standard ETP ETP permeate pH 1 pH 5.5-9.0 6.63 7.29 2.00 7.30 7.54 2 TSS 200 132 118 156 4 120 3 TDS 2100 2352 2798 11955 198 5137 4 COD 250 1960 320 7800 <10 176 5 BOD 100 627 104 2496 BDL 40 6 Oil & grease 10 13.4 10.8 15.8 BDL 12.0 The unit is using RO reject for dust suppression and green belt. From the analysis results it is found that RO reject is not meeting APPCB discharge standards and hence the unit will treat RO reject in ETP. The outlet of ETP /treated water of ETP not meeting the APPCB stipulated standards.
m Source Air pollution control device
installed
FBC Boiler of capacity 16 Multi cyclone dust
TPH collector followed by Bag
Thermic fluid heater of filters and attached to
capacity 8.0 lakh k.cal/hr Common stack of height
(Coal or husk fired) 30m
Thermo siphon of capacity Bag filters
Air pollution sources and type of 20 lakh k.cal/hr
APCDs, status of stack, porthole, Thermic fluid heater of Bag filters
OCEMS installation, location capacity 6.0 lakh k.cal/hr
(Coal or husk fired)
DG sets of 1x750 KVA, Acoustic enclosures
1x1500 KVA
FBC Boiler of capacity 36 Electro-static
TPH precipitators(ESP)- 3 no. of
fields with stack height of
35 mtrs
Thermo siphon of capacity Bag filter
20 lakh k.cal/hr
TableVI.b.2: Stack monitoring at M/s Emami Agrotech Limitedby APPCB on 18.06.2020 Page 31 of 101 Source SPM measured value APPCB emission standards Stack attached to 36 TPH boiler 123.5 mg/Nm3 115 mg/ Nm3 TableVI.b.3: Ambient air quality monitoring at M/s Emami Agrotech Limited by APPCB on 18.06.2020 Source PM 10 measured value APPCB standards Near the main gate within unit 125.5 µg/m3 100 µg/m3 premises The unit is not complying with stack emissions and ambient air standards. Odour problem was also observed in the industry.
n Status of installation of online stack FBC boilers are connected with continuous online PM monitoring equipment monitors and connected to APPCB servers o Status of green belt Reported that the unit has planted 7000 trees along the unit boundary but is not complying with 33% green belt. Unit shall further develop green belt in vacant spaces.
p Hazardous waste generation MEE Centrifuge salts and ETP sludge are the hazardous wastes generated from the unit. As per the production records and as per consent, the unit has to generate 30TPM of MEE- centrifuge and 8.4 tons of ETP sludge but from the hazardous waste manifest copies it is observed that the unit has despatched only 10-15 tons of hazardous waste to TSDF. This implies that either the unit is not properly operating ETP and MEE&MEE Centrifuge or the hazardous waste so generated is haphazardly disposed.It was observed that sludge was lying in open in the unit premises. There is no dedicated hazardous waste storage shed.
Oil recovered from ETP is sold to soap manufacturers.
q Actions taken by APPCB during last APPCB has vide order dated 17.01.2020 issued directions for one year not complying with APPCB discharge and emission standards and for exceeding the consented production in terms of chemical refining. The unit was again inspected by APPCB officials on 31.01.2020 & 04.02.2020 and found non- complying. APPCB vide order dated 20.03.2020issued directions to the unit to ensure compliance. APPCB carried out analysis and monitoring on 18.06.2020 and found non- complying. Directions were issued on 28.09.2020.The APPCB has forfeited Bank guarantee of Rs 10.00 lakhs on 28.09.2020 for non compliance of the Board directions.
Overall Compliance status APPCB issued directions to the unit vide order dated 15.02.2018. The unit has taken steps for improvement like replacement of old MEE with new MEE and installation of Centrifuge in place of ATFD which is not adequate for converting MEE concentrate in to salts. During APPCB inspections during January and February, 2020, unit was found discharging effluent into adjoining drains.
Further, the unit is not complying with effluent discharge and emission standards stipulated by APPCB, with APPCB directions dated 20.03.2020, no proper effluent transfer system. Since the unit is partially complying the committee has assessed environmental compensation using CPCB formula EC=PI x N x R x S x LF Page 32 of 101 S.N Period of PI S LF R (Rs) N Environmental noncompliance compensation (Rs) (days) 1 17.01.2020 to 80 1.5 1 250/- 63 18,90,000/-
20.03.2020* 2 21.03.2020 to 80 1.5 1 250/- 206 61,80,000 x 2 (for 13.10.2020 repeated violation) =1,23,60,000 3 Compensation levied by APPCB on or after 17.01.2020 10,00,000/-
Total Environmental Compensation for violation 269 1,32,50,000/-
Rupees One Crore Thirty-two lacs fifty thousand Only Major Non-Compliances The unit has not achieved ZLD. Instead of MEE-ATFD the unit has installed MEE-centrifuge which is not adequate to convert MEE concentrate to salts.
The unit is not complying with effluent discharge and emission standards stipulated by APPCB. No proper effluent transport system is provided, the drains are completely clogged. The effluent generated and hazardous waste generated is not matching with the production details and water consumption.
Flyash is found dumped adjacent to the unit in north-eastern direction During APPCB inspections in January and February, 2020, the unit was found discharging the effluent into storm water drains located outside the industry.
VI.C. Compliance Status of M/s Adani Wilmar Limited (Unit-I) a Name & complete address of the unit M/s Adani Wilmar Limited (Unit-I) (Formerly M/s.Krishnapatnam Oils & Fats Pvt. Ltd.), Sy. No.292, 317, Pantapalem (V) (Epur 1B), Muthukur (M), SPSR Nellore Dist.
b Contact Details Sri. Vishal Jain,Unit Head
Email: [email protected] Mobile
No.: 8886060496
c Geo-cordinates 14°15' 27.14"N 80° 03' 16.38"E
d Area 14.91 acres
e Status of CFO & Authorizations and its The CFO and Authorization are valid till 31.03.2021
compliance
f Year of Commissioning 2011
g Production capacity
Refined vegetable Oils (Physical 600 TPD
Refining)
Interesterfied Vegetable Fats 100 TPD
Hydrogenated Vegetable Oils 100 TPD
Refined vegetable Oils (Chemical 200 TPD
refining)
Bakery Fat 145 TPD
By Products
Distilled Fatty Acid 45.55 TPD
Page 33 of 101
h Coal and flyash storage measures taken The industry has provided shed for storage of coal with water
to control fugitive emissions sprinklers.
The unit is generating 480 TPM of flyash and unit has installed ash silo of 100MT (around seven days‟ storage capacity) against APPCB direction of installing silo of 30 days‟ storage capacity. Reported that unit is disposing the flyash on alternate day basis.
i Source of water and quantity of water The total water requirement of the unit is 260 KLD and used per day additional 4KLD is recycled from RO plant. The unit is having permission from Ground Water and Water Audit department to draw 150 KLD of ground water. But due to high salinity the unit 75% of water requirement is met from tankers.
j Effluent generation The unit is generating 90 KLD of effluent. Low TDS effluent is treated in ETP of 115KL capacity comprising of Fat trap, equalisation tank, chemical dosing tank, primary settling tank, aeration, Secondary settling tank, Aeration tank2, clarifier, Tube settler and filter press. Treated effluent from ETP is further treated in RO. It is a ZLD plant.
Source Wastewater
generation
Process & washings include ( 73.0 KLD
Boiler Bleed Off, Cooling Towers blow
down, RO rejects)
Acid wash 8.0 KLD
Domestic 10.0 KLD
High TDS effluent is treated in three stage MEE-15KL capacity followed by ATFD.
Sewage is treated in septic tank followed by soak pit.
Rainwater harvesting pits and Summer storage tank is available. Summer storage tank capacity is 180MT k Installation of magnetic flow meters Flow meters installed at inlet and outlet of ETP and MEE feed with totalizer tank. Flow meter is not installed to quantify raw water consumption.
Table VI.C 1: Analysis results of samples collected by APPCB during 23.06.2020 S.No Parameter APPCB Inlet of Outlet MEE MEE MEE RO RO in mg/L standard ETP of ETP feed condens concentr permeat reject except pH ate ate e 1 pH 5.5-9.0 6.42 7.22 5.56 4.09 5.94 6.5 7.69 2 TSS 200 200 122 136 12 200 20 120 3 TDS 2100 2642 1380 28925 208 38051 740 4990 4 COD 250 1712 260 34000 24 67200 32 112 5 BOD 100 420 60 8500 2.6 16800 52 28 Page 34 of 101 6 Oil & 10 20.2 16.4 28.2 BDL 20 BDL BDL grease MEE condensate is not complying with discharge limits stipulated by APPCB for pH. The unit shall neutralize the MEE condensate before discharging.
RO reject is not complying with APPCB discharge limits for TDS. RO reject shall be treated in MEE before discharging. RO permeate is complying with standards.
From the analysis results it is found that RO reject is not meeting APPCB discharge standards and hence the unit will treat RO reject in ETP.
l Boiler of capacity 1 x 16 TPH
Mechanical dust
collectors fol.by bag
Boiler of capacity 1 x 12.0 TPH filters
Air pollution sources and type of Thermic Fluid Heater 2 x 6 Dust collectors
APCDs, status of stack, porthole, Lakh. K.Cal/ hour & 1 x 10
OCEMS installation, location Lakh. K. Cal/hour
Thermo siphon of capacity 4 lakh
k.cal/hr
DG sets of 1x1250 KVA, 2x625 Acoustic enclosure
KVA
Table VI.C.2: Stack monitoring by APPCB on 23.06.2020 Source SPM measured value APPCB emission standards Stack attached to 36 TPH boiler 101.8 mg/Nm3 115 mg/ Nm3 Table VI.C3: Ambient air quality monitoring at M/s, Adani Wilmar Limited (Unit-I) by APPCB on 23.06.2020 Source PM10measured value APPCB standards Near the main gate within unit 95.5 µg/m3 100 µg/m3 premises The unit is complying with stack emissions and ambient air standards.
m Status of installation of online stack Stack attached to boiler is provided with continuous online PM monitoring equipment monitors and connected to APPCB servers n Status of green belt The unit has developed green belt in around 4acres of land.
o Hazardous waste generation MEE salts (0.2 TPD) and ETP sludge (0.4 TPD) are the hazardous wastes generated from the unit and it is stored in 40 MT covered shed and it is disposed to TSDF p Actions taken by APPCB during last APPCB has vide order dated 17.01.2020 issued directions for one year not complying with APPCB discharge and emission standards.
The unit was again inspected by APPCB officials on 27.07.2020 and found non-complying. Directions were issued on 28.09.2020.The APPCB has forfeited Bank guarantee of Rs 7.50 lakhs on 28.09.2020 for non compliance of the Board directions.
Overall Compliance status:
As compared to other units in the region, M/s Adani Wilmar Unit-I has implemented lot of corrective measures. There were proper effluent transfer system, Emissions are complying with APPCB norms.Page 35 of 101
Major non-compliances observed in the unit are MEE condensate is not meeting the APPCB stipulated standards w.r.t pH. The unit shall be directed to check for pH and neutralize the effluent before final discharge. Illegal drawal of ground water through tankers from outside agencies.
Not provided ash silo for 30 days storage capacity VI.d. Compliance Status of M/s. Adani Wilmar -(Unit-II) a Name & complete address of the unit M/s. Adani Wilmar -(Unit-II) Previously M/s. Louis Dreyfus Commodities India Pvt. Ltd., Sy. No.1601, Epuru Bit-1B, APIIC, Pantapalem (V), Muthukur (M), SPSR Nellore Dist b Contact Details Sri G. Sreenivasulu, Plant Head +91- 9444398011 [email protected] c Geo-cordinates 14°15' 20"N 80° 04' 25.9"E d Area 15.58 acres e Status of CFO & Authorizations and its The CFO and Authorization are valid till 29.02.2024 compliance f Year of Commissioning 2011 g Production capacity S.N Products Quantity 01 Physical Refining Refined Vegetable 600 TPD Oil (Palm Oil, Palmolein, Palm Stearin) 02 Chemical Refining Refined Vegetable 200 TPD Oil (Soya bean Oil, Sunflower Oil, Groundnut Oil, Rice Bran Oil, Cotton Seed Oil, Mustard Oil, Rapeseed Oil, Sesame Oil) 02 Fractionated Vegetable Oil 800 TPD 03 Interesterified Vegetable Oil 150.0 TPD 04 Vanaspathi 150.0 TPD Co-Product 1 Palmstearin 167.0 TPD By-products 1 Distilled Fatty Acids (Physical 48.0 TPD refining) (Palm Oil, Palm kernel, Palmolein) 2 Distilled Fatty Acids (Chemical 0.8 TPD refining) (Soya bean Oil, Sunflower Oil, Groundnut Oil, Rice Bran Oil, Cotton Seed Oil, Mustard Oil, Rapeseed Oil, Sesame Oil) 3 Acid Oil 4.0 TPD 4 Soap Stock 4.0 TPD 5 Acid Sludge 0.6 TPD 6 Gums 9.0 TPD h Coal and flyash storage The unit is generating 940 TPM of flyash and unit has installed silo of 40 tonnes (roughly around Two days storage) against APPCB direction of 30 days storage capacity storage Page 36 of 101 capacity. Lot of Fly ash spillage was observed in the area.
Reported that unit is disposing flyash on alternate days. The unit should have had minimum of 10 days storage capacity.
i Source of water and quantity of water Source Water
used per day consumption
Floor washings,plant washings from 15.0 KLD
physical refining process, inter-
esterfied fats, vanaspathi unit
Chemical refining Manufacturing 25.0 KLD
Process
Washings in chemical refining (Acid 30.0 KLD
Oil Wash)
DM/ Softener 5.0 KLD
Boiler R.O. (Fresh water for Boiler 275.0 KLD
feed-210 KLD)
Cooling towers (Non contaminated) 70.0 KLD
Cooling towers (contaminated) 60.0 KLD
Gardening 30.0 KLD
Domestic 20.0 KLD
Total 530
Though the unit has obtained permission to withdraw 380 KL of ground water but 75% of the water requirement is met from tankers.
j Effluent generation Process & Washings physical and 100.0 KLD
chemicals, Cooling tower, Boiler blow
down
Feed water RO Reject & DM/ 70.0 KLD
Softener back wash
Acid Oil Wash 30.0 KLD
Domestic 15.0 KLD
The unit has installed an ETP of 200 KLD capacity followed by RO plant of 10 KLH capacity for treatment of LTDS. HTDS effluent is treated in three stage three stage MEE -60 KLD followed by ATFD to meet ZLD system but ATFD is completely worn out and is not in operation. Sewage is treated in Septic tanks followed by soak pits. But it was observed that ETP is not properly maintained. ETP sludge is stored in the ETP section in open and leachate was flowing. ETP comprises of Fat Trap, Equalization tank, Chemical Dosing tank, Primary Clarifier, Collection tank, Aeration tank, Secondary Clarifier, secondary Collection tank, Filter Press (2No.). Effluent carrying drains were clogged.
Unit has constructed rainwater harvesting pits and summer storage tank of 1600 KL capacity.
k Installation of magnetic flow meters Flow meters with totalizers at ETP inlet, Primary clarifier with totalizer outlet, RO inlet, RO outlet, MEE outlet.
Table VI.d 1: Analysis results of samples collected by APPCB during 18.06.2020 S.No Parameter in APPCB Inlet of Outlet of MEE MEE MEE mg/L except standard ETP ETP feed condensate concentrate pH 1 pH 5.5-9.0 5.27 7.64 7.13 8.08 6.24 Page 37 of 101 2 TSS 200 186 122 206 4 180 3 TDS 2100 4279 2516 5100 80 22840 4 COD 250 772 360 404 BDL 58020 5 BOD 100 290 114 136 BDL 14876 6 Oil & grease 10 18.2 12.6 15 BDL 158 On the day of APPCB inspection RO was not in operation and treated effluent was directly discharged without treating in RO. The outlet of ETP /treated water of ETP not meeting the APPCB stipulated standards l Air pollution source Air pollution control device provided FBC Boiler of capacity 20.0 TPH Multi cyclone dust collector followed by Bag filters Thermic fluid heaters of capacity Chimney to disperser 5.0 lakh k.cal/hr, 12.5 lakh the flue gases Air pollution sources and type of k.cal/hr & 6.0 lakh K.cal/hr ;
APCDs, status of stack, porthole, OCEMS installation, location FBC boiler of Capacity 7.0 TPH Dust Collector & Bag filter Thermo Syphon 1x15 Lakh.k.cal Mechanical dust collectors fol.by bag filters DG sets of 1x1010 KVA, Acoustic enclosure 1x1250KVA The unit has installed online emission monitor system to measure SPM and is connected to APPCB server.
TableVI.d.2: Stack monitoring at by APPCB on 30.06.2020 Source SPM measured value APPCB emission standards Stack attached to 7 TPH boiler 85.5 mg/Nm3 115 mg/ Nm3 TableVI.d.3: Ambient air quality monitoring by APPCB on 30.06.2020 Source PM10 measured value APPCB standards Near the main gate within unit 90.5 µg/m3 100 µg/m3 premises The unit is complying with stack emissions and ambient air standards. Odour problem was observed in the industry.
m Status of installation of online stack FBC boilers are connected with continuous online SPM monitoring equipment monitors and connected to APPCB servers n Status of green belt Unit has planted trees in vacant spaces and along roads in the unit. The unit has developed green belt to an extent 3.5 to 4.0 acres against APPCB requirement of 5 acres (33%) o Hazardous waste generation 5.5 TPD of ATFD salts and ETP sludge are the hazardous wastes generated from the unit. Though there is separate shed but hazardous waste was found lying in ETP area.
Page 38 of 101Oil recovered from ETP is sold to soap manufacturers.
Spent earth is disposed to incense sticks manufacturers p Actions taken by APPCB during last APPCB has vide order dated 17.01.2020 issued directions for one year not complying with APPCB discharge and emission standards.
The unit was again inspected by APPCB officials on 28.07.2020 and found non-complying. Directions were issued on 28.09.2020.The APPCB has forfeited Bank guarantee of Rs 7.50 lakhs on 28.09.2020 for non compliance of the Board directions.
Overall Compliance status APPCB issued directions to the unit vide order dated 15.02.2018. Further, the unit is not complying with APPCB directions dated 17.01.2020, no proper effluent transfer system, effluent clogging in drains, flyash and hazardous waste spillage, flyash silo of storage capacity of Two days against requirement of 30 days. Since the unit is partially complying the committee has assessed environmental compensation using CPCB formula EC=PI x N x R x S x LF S.N Period of PI S LF R (Rs) N Environmental noncompliance compensation (Rs) (days) 1 17.01.2020 to 80 1.5 1 250/- 271 81,30,000/-
14.10.2020
EC for violation 271 81,30,000/-
EC levied by APPCB after 17.01.2020 7,50,000/-
Total EC to be paid by unit 73,80,000/-
Rupees Seventy-Three lacs and Eighty thousand Only VI.E Compliance Status of M/s South India Krishna Oil & Fats Pvt.Ltd a Name & complete address of the unit M/s.South India Krishna Oil & Fats Pvt.Ltd., Sy.No.275,279,280 & 281,Epuru Bit - 1B, Pantapalem (V), Muthukur (M), SPSR Nellore Dist b Contact Details Sri B. Muthu Krishnan, GM +91-7799800065 [email protected] c Geo-cordinates 14°15' 19.7"N 80° 02' 50"E d Area 16.12 acres e Status of CFO & Authorizations and its The CFO and Authorization are valid till 31.03.2022 compliance f Year of Commissioning 2014 g Production capacity Refined Oil (Physical Refining) 1000 TPD RBDPalmolein 800 TPD TBD Stearine 200 TPD Vanaspathi 200 TPD Palm Powder 72 TPD Palm Flakes 50 TPD By Product Distilled Fatty Acid (Physical 42 TPD Page 39 of 101 Refining) Refined Vegetable Oil 192 TPD (Soyabean,Sunflower,Round Nut, Ricebean, Cotton Seed, Mustarad, Rape Seed by Chemical Refining) By Product Distilled Fatty Acid (Chemical 0.488 TPD Refining) Acid Oil 4.0 TPD Soap Stock 8.0 TPD Wax 2.05 TPD g Coal and flyash storage Unit is generating 14 TPD of flyash and is equipped with ash pneumatic conveying system for conveying ash from different points to ash silos and ash shed to avoid the ash escaping into the air.
Ash storage yard having a capacity of 30 days including silo & closed storage shed. Lot of fugitive dust is emitted while loading from storage shed into trucks.
h Source of water and quantity of water
used per day
Source of water Consumption in
KLD
Process & washings (physical & 21.0 KLD
chemical)
Cooling Make up 319.0 KLD
Boiler 586.0 KLD
Domestic 23.0 KLD
Total 949 KLD
Though the unit has obtained permission to withdraw 360 KL of ground water but entire water requirement of 949 KLD is met from tankers.
i Effluent generation
Source Effluent generation
Trade effluents ( Boiler &
Cooling tower blow down,
136.0 KLD
Process, Primary dual RO, back
wash)
HTDS effluents from Acid plant
53.0 KLD
and dual RO rejects
Primary RO rejects
93.0 KLD
Domestic 16.0 KLD
ETP of 300 KLD & Dual RO Plant, MEE of 18 KLD followed by ATFD provided to meet ZLD . STP of 20 KLD provided for domestic purposes. ETP comprises of Collection tank, Oil & grease trap, Equalization tank, Primary clarifier, Aeration tank 1 & 2, buffer tank, Secondary clarifier, Sludge drying beds & Filter Press, Pressure Sand filter, activated carbon filter etc. The effluent is transferred in drain which is completely clogged. Thick oily scum is accumulated on the surface of aeration and clarification tank. Aerator was not working.
Page 40 of 101Effluent and oil spillage in production block and ETP section. The unit has not installed rain water harvesting pits.
Table VI.e 1: Analysis results of samples collected by APPCB during 18.06.2020 S.No Parameter in APPCB Inlet of Outlet of MEE feed MEE MEE mg/L except standard ETP ETP condensate concentrat pH e 1 pH 5.5-9.0 6.99 7.02 4.89 6.99 5.62 2 TSS 200 132 86 156 12 145 3 TDS 2100 2982 1874 32669 128 36278 4 COD 250 456 216 90800 72 38000 5 BOD 100 146 68 29056 16 12160 6 Oil & grease 10 12.4 6.2 16.5 --- 17.0 From the analysis results it is evident that MEE is not properly operated, the concentration of COD and BOD is high in MEE feed rather than in MEE concentrate. There is only slight variation in TDS concentration in MEE feed and concentrate.
j Installation of magnetic flow meters Flow meters with totalizers at ETP inlet, Primary clarifier with totalizer outlet, RO inlet, RO outlet, ATFD inlet, MEE outlet.
k Boiler of capacity 1x24 TPH Mechanical dust collectors fol.by bag filters Boiler of capacity 1x15.0 TPH Air pollution sources and type of Thermo Syphon 1x20 APCDs, status of stack, porthole, Lakh.k.cal.
OCEMS installation, location Thermic Fuel Heater 2x6 Lakh. Mechanical dust
K.cal/hour collectors fol.by bag
filters
4x750 KVA D.G. Sets Acousic enclosures
The unit has installed online emission monitors to measure SPM and is connected to APPCB server.
Table: Stack monitoring by APPCB on 16.06.2020.
Source SPM measured value APPCB emission standards Stack attached to 16 TPH boiler 105.8 mg/Nm3 115 mg/ Nm3 Table: Ambient air quality monitoring by APPCB on 16.06.2020 Source PM10 measured value APPCB standards Near the main gate within unit 89.5 µg/m3 100 µg/m3 premises The unit is complying with stack emissions and ambient air standards. Odour problem was observed in the industry.
Page 41 of 101l Status of installation of online stack OCEMS installed in both the chimnies attached to Boiler -24 monitoring equipment TPH & common chimney provided to 15 & 16 TPH boilers which is connected to APPCB Server.
m Status of green belt Unit has planted trees in vacant spaces and along roads in the unit. The unit has developed green belt to an extent 3.5 acres against APPCB requirement of 5 acres (33%). The unit has developed 1.0 Acre of green belt towards South Side outside of the industry.
n Hazardous waste generation 0.6 TPD of ATFD salts and 0.037 TPD of ETP sludge are the hazardous wastes generated from the unit. Though there is separate shed but hazardous waste was found lying in ETP area.
Oil recovered from ETP is sold to soap manufacturers.
Spent earth is disposed to incense sticks manufacturers o Actions taken by APPCB during last APPCB has vide order dated 17.01.2020 issued directions for one year not complying with APPCB discharge standards. The unit was again inspected by APPCB officials on 28.07.2020 and found non-complying. Directions were issued on 28.09.2020.The APPCB has forfeited Bank guarantee of Rs 10.0 lakhs on 28.09.2020 for non compliance of the Board directions.
Overall Compliance status APPCB issued directions to the unit vide order dated 15.02.2018. The unit has taken steps for improvement like compliance of stack, AAQ and ETP discharge standards.
MEE shall be operated properly Further, the unit is not complying with APPCB directions, no proper effluent transfer system, effluent clogging in drains, flyash and hazardous waste spillage, flyash silo of storage capacity of Five days against requirement of 30 days. Since the unit is partially complying the committee has assessed environmental compensation using CPCB formula EC=PI x N x R x S x LF S.N Period of PI S LF R (Rs) N Environmental noncompliance compensation (Rs) (days) 1 17.01.2020 to 80 1.5 1 250/- 271 81,30,000/-
14.10.2020
EC for violation 271 81,30,000/-
EC levied by APPCB on or after 17.01.2020 10,00,000/-
Total EC to be paid by the unit to APPCB 71,30,000/-
Rupees Seventy- One lacs and thirty thousand Only VI.F Compliance Status of M/s. Santhoshimatha Oils and Fats Private Limited a Name & complete address of the unit M/s. Santhoshimatha Oils and Fats Private Limited, Sy.No.252, Epuru Bit-IB, Pantapalem Village, Muthukur Mandal, SPSR Nellore District Page 42 of 101 b Contact Details Sh. Ganesh Vidhun Kota [email protected] 9963329792 c Geo-cordinates 14°15' 18.1"N 80° 02' 39.1"E d Area 5.52 acres e Status of CFO & Authorizations and its The CFO and Authorization are valid till 31.01.2022 compliance f Year of Commissioning 2016 g Production capacity Refined Palm oil 225 TPD By product Distilled Fatty Acids 15 TPD h Coal and flyash storage Unit is generating 8 TPD of flyash and has installed ash silo of 30 tonnes(4- 5 days storage capacity). In addition a covered shed is provided for flyash storage.
i Source of water and quantity of water Source Water consumption
used per day
Process & Wash 12 KLD
Boiler Feed & Cooling 70 KLD
Tower Make up
Domestic 8.0 KLD
Total 90 KLD
The unit has obtained permission from Ground Water and Water Audit Department, Government of Andhra Pradesh vide order dated 01.10.2020 to draw 70 KLD of ground water. Previously the water requirement was met through tankers. As per the Ground water report the quality of ground water is moderate saline in nature. The water is procured through tankers.
j Effluent generation
Trade effluents 20 KLD
Domestic 5.0 KLD
The unit is involved in only physical refining and only LTDS effluent is generated. The effluent is treated in ETP of 50 KLD followed by RO Plant. ETP comprises of bar screens, oil & grease trap, equalization cum neutralization tank, aeration tank, primary clarifier, aeration tank, secondary clarifier, sand filter, carbon filter, sludge drying beds. ETP outlet is treated in RO plant of 5m3/hr capacity. The treated effluent is utilized for green belt development and RO reject is used for ash quenching.
TableVI.f 1: Analysis results of samples collected by APPCB during 19.06.2020 S.No Parameter in APPCB Inlet of Outlet of RO feed RO RO reject mg/L except standard ETP ETP permeate pH 1 pH 5.5-9.0 4.94 6.69 7.56 7.11 7.28 Page 43 of 101 2 TSS 200 183 150 160 140 120 3 TDS 2100 4506 2844 1310 521 3460 4 COD 250 860 320 104 20 96 5 BOD 100 326 112 22 2.8 15 6 Oil & grease 10 22.4 18.3 40 BDL BDL The unit is not complying with effluent discharge standards with respect to TDS, COD, BOD and Oil & Grease. The RO reject is having TDS higher than the APPCB discharge limits and hence RO reject shall be recycled back to ETP for treatment.
k Installation of magnetic flow meters Flow meters with totalizers at inlet and outlet of ETP
with totalizer
l Boiler of 8.0 TPH Mechanical dust
collectors fol.by bag
Air pollution sources and type of filters
APCDs, status of stack, porthole, Thermic Fluid Heater -15
Lakh. K.cal/hr
OCEMS installation, location
DG sets of 1x750 KVA, 1x125 Accoustic enclosures
KVA
Table VIf 2: Stack monitoring at by APPCB on 16.06.2020 Source SPM measured value APPCB emission standards Stack attached to 8TPH & boiler 92.5 mg/ Nm3 115 mg/ Nm3 Table VI f 3: Ambient air quality monitoring by APPCB on 16.06.2020 Source PM10 measured value APPCB emission standards Near the main gate within unit 118.5 µg/m3 100 µg/m3 premises The unit is not complying with ambient air standards.
M Status of installation of online stack The industry has installed small boiler of 8.0 TPH , hence not monitoring equipment installed Online Stack monitoring.
n Status of green belt Unit has planted trees in vacant spaces and along roads in an extent of 1.4 Acres. But unit is yet to develop green belt in 0.4 acres of land to meet 33%.of Green belt area.
o Actions taken by APPCB during last APPCB vide order dated 17.01.2020 issued directions for not one year complying with APPCB discharge and emission standards.
The unit was again inspected by APPCB officials on 28.07.2020 and found non-complying. Directions were issued on 28.09.2020.The APPCB has forfeited Bank guarantee of Rs 5.0 lakhs on 28.09.2020 for non compliance of the Board directions.
p Overall Compliance status The industry is not a respondent in the hon'ble NGT OA No 221/2015 as the industry was not established at that time. But as it is located in the cluster at present, the APPCB issued directions to the unit vide order dated 15.02.2018. This is small scale edible oil refinery unit operating with only physical refinery section with 225 TPD capacity.
The unit has taken steps for improvements. Further, the unit is not complying with APPCB directions, Page 44 of 101 flyash silo of storage capacity of Four days against requirement of 30 days, not meeting the effluent discharge standard and ambient air quality.
VI. G Compliance Status of M/s. 3F Industries Limited a Name & complete address of the unit M/s. 3F Industries Limited (Formerly Foods fats & Fertilizers Ltd.,) Sy.No. 1604, APIIC- IALA, EPURU 1-B Pantapalem (V) Muthukuru (M) SPSR Nellore Dist.
b Contact Details P. Srinivasa Rao, Plant Manager
91-9642225502
[email protected]
c Geo-cordinates 14°15' 28.8"N 80° 04' 09.4"E
d Area 11.62 acres
e Status of CFO & Authorizations and its The CFO and Authorization are valid till 31.03.2022
compliance
f Year of Commissioning 2011.
g Production capacity Refined Edible Oils 670.166 TPD
(Physical Refining)
Refined Edible Oils (Chemical 100 TPD
Refining)
Vanaspathi & Bakery Shortenings 90 TPD
Margerine 30 TPD
Fatty Acids 200 TPD
Toilet Soap Noodles 50 TPD
BY PRODUCT
Fatty Acids 27.74 TPD
Glycerine 18 TPD
Pitch Oils 7 TPD
Filter Cake/ Spent Earth 1.22 TPD
Fatty acids/ Acid Oils 3.35 TPD
h Coal and flyash storage Unit is generating 27 TPD of flyash. Unit has provided ash
silo of 60 Tonnes capacity which is sufficient for ash storage for 2 days against APPCB direction of 30 days storage.
i Source of water and quantity of water Source Water consumption
used per day Process & Washings 50.0 KLD
Boiler make up & Cooling 360 KLD
tower make up
RO reject water (used for 253 KLD
cooling tower makeup)
Total 663 KLD
Entire water requirement of 663 KLD is met from Tankers.
j Effluent generation Source Quantity of
effluent
Process & Washings Boiler blow down, 152 KLD
Cooling tower bleed off, Acid Oil plant
waste water
Fresh Water RO rejects 110 KLD
Domestic 15 KLD
ETP of 200 KLD & RO plant , MEE-100 KLD provided with ATFD to meet ZLD system. Septic tanks followed by soak pits Page 45 of 101 are provided for treatment of domestic effluents.
On the day of inspection, it was observed that the ETP was not in operation. Thick Sludge was deposited in ETP section. The oil was spilled all over the plant. MEE and ATFD were not properly operated. The pumps were not working and effluent was leaking. There was no proper effluent transfer system from production block to ETP. There were lot of temporary arrangements.
TableVI.g 1: Analysis results of samples collected by APPCB during 23.06.2020 S.No Parameter APPCB Inlet of Outlet of MEE feed Ro feed RO RO reject in mg/L standard ETP ETP permeate except pH 1 pH 5.5-9.0 5.34 6.85 7.92 7.53 7.09 5.74 2 TSS 200 160 90 204 76 54 4 3 TDS 2100 3772 1248 5826 1248 3134 430 4 COD 250 1580 232 3580 128 368 12 5 BOD 100 410 68 1124 40 106 1.8 6 Oil & 10 22.4 9.0 20.8 1.8 1.2 BDL grease The Outlet of ETP is meeting the Board stipulated standards.The MEE is not in operation during the Board officials inspection and sample collection. ON the day of committee inspection MEE was not in operation.
K Installation of magnetic flow meters Flow meters with totalizers at ETP inlet, MEE inlet and outlet
with totalizer
L Boiler of capacity 1x35 TPH ESP
Boiler of capacity 1x2.0 TPH Bag filters
Boiler of capacity 1x8 TPH; Fuel: Bag filters
Coal/Husk
Thermo Fluid heater of capacity
1x20.0 Lakh.k.cal/hr; Fuel: Bag filters
Coal/Husk
Air pollution sources and type of
Thermo Fluid heater of capacity
APCDs, status of stack, porthole, Bag filters
1x40 Lakh.k.cal/hr;Fuel: Coal/Husk
OCEMS installation, location Thermic Fluid heater of capacity Dust collectors
1x6 Lakh.k.cal/hour;Fuel :
Coal/Husk
Coal Mill of capacity 10 TPH Bag filters
DG sets of 3x750 KVA Acoustic enclosure
The unit has installed online emission monitors to measure SPM and is connected to APPCB server.
Table VIg 2: Stack monitoring at by APPCB on 23.06.2020 Source SPM measured value APPCB emission standards Stack attached to 35TPH boiler 133.5 mg/Nm3 115 mg/Nm3 Table VI g 3: Ambient air quality monitoring by APPCB on 23.06.2020 Source PM10 measured value APPCB emission standards Near the main gate within unit 138.6 µg/m3 100 µg/m3 premises The unit is not complying with stack emissions and ambient air standards. Odour problem was also observed in the industry.
M Status of installation of online stack OCEMS installed in the stack connected to 35 TPH boiler and monitoring equipment connected to APPCB Server. N Status of green belt The plantation is very sparse and is not complying with 33% of green belt.
O Hazardous waste generation The unit is generating 1TPD of MEE salts and 0.034 TPD of ETP sludge. The quantity of sludge generated is very less and sludge is not properly disposed.
P Actions taken by APPCB during last APPCB has vide order dated 16.02.2018 issued certain one year directions to the industry and forfeited Bank Guarantee of Rs.5.0 Lakhs for non-compliance of the directions. The APPCB Page 46 of 101 has again issued modified directions on 17.01.2020 for not complying with APPCB discharge and emission standards. The unit was again inspected by APPCB officials on 28.07.2020 and found non-complying. Directions were issued on 28.09.2020.The APPCB has forfeited Bank guarantee of Rs 10.0 lakhs on 28.09.2020 for non compliance of the Board directions.
Overall Compliance status The committee observed major violations in the unit w.r.t effluent handling and treatment and sludge disposal. ETP was accumulated with sludge. The unit is not complying with emission monitoring, ambient air quality. The industry has constructed and commissioned hydrogenated stearine and stearine beads manufacturing plant inside the existing industry without obtaining consent for establishment and consent for operation of the APPCB. Since the unit is partially complying the committee has assessed environmental compensation using CPCB formula EC=PI x N x R x S x LF S.N Period of PI S LF R (Rs) N Environmental noncompliance (days) compensation (Rs) 1 17.01.2020 to 80 1.5 1 250/- 255 76,50,000/-
28.09.2020
2 29.09.2020 to 80 1.5 1 250/- 15 4,50,000/- * 2 for
14.10.2020 repeated violation
Total EC for violation 271 85,50,000/-
EC levied by APPCB on or after 17.01.2020 10,00,000/-
EC to be paid by unit to APPCB 75,50,000/-
Rupees Seventy- Five lacs and Fifty thousand Only VII Actions taken by APPCB
1. The APPCB is continuously reviewing the status of air pollution/ water pollution control equipments provided and compliance of the APPCB standards etc for control of pollution problems from the edible oil industries operating at Krishnapatnam port area from last Five years in connection with the O.A. NO.221 of 2015 filed before the Hon‟ble NGT.
2. The status of industries with regards to compliance of the directions are reviewing before External Advisory Committee meetings held at Board office, APPCB and issuing directions time to time. It is to submit that the status of implementation of action plan by the edible oil units was reviewed before Task Force Committee at Board Office during its meetings held on 25.06.2016, 15.07.2016, 05.08.2016, 27.08.2016, 16.09.2016, 30.09.2016, 11.11.2016, 03.12.2016, 30.12.2016, 20.01.2017, 04.02.2017 & 09.11.2017.
3. The board has issued directions to the Edible oil industries on 15.02.2018, 17.01.2020 & 28.09.2020.
4. The APPCB has also forfeited Bank Guarantee amount of Rs.65 Lakhs in the year 2020 from the above 7 nos of Edible oil industries for non compliance of the APPCB directions.
VIII Overall Observations
1. Presently all edible oil units were operational but on the day of committee inspection ponly physical refining of palm oil was in operation.
2. The units have made improvements, augmentation of ETP and air pollution control devices. The units have installed facilities like ETP followed by RO, MEE & ATFD to achieve " Zero Liquid Discharge" but there are no proper effluent transport system. But units are yet to achieve 100% compliance to consent conditions of APPCB.All units shall make improvements in drains/ pipelines used for transporting effluent from production block to ETP. The units shall ensure that storm water is not mixed with effluent.
3. The flyash generated from the units is sold to brick manufacturers. The units have provided ash silo and covered shed for storage of flyash. But the units are not complying with APPCB condition of 30 days silo capacity. The units represented to the unit that installation of such large silo is difficult. The flyash is sold to brick manufacturers at frequency of two to three days in a week. Since the condition was imposed by APPCB, the committee suggests APPCB to review the condition.
4. APPCB is continuous vigil on the edible oil units and issued directions, forfeited bank guarantees due to which no discharge of effluent outside the unit premises was observed during committee inspection.
Page 47 of 1015. Based on CPCB formula the committee has assessed environmental compensation on the the erring units for violating the directions issued by APPCB vide order dated 17.01.2020.
6. Fly ash is being dumped in the North-Eastern Direction of M/s Emami Agrotech Ltd in public lands adjacent to M/s Gemini Edible and M/s Emami Agrotech. The land does not belong to any edible oil unit, and none of the industry are ready to take responsibility for removing the flyash. Since the flyash is dumped in land adjacent to M/s Emami and M/s Gemini, both of these industries as part of CSR activity will take complete responsibility to remove the dumped flyash and send it to brick manufacturers.
7. The committee submits to Honble NGT that the units shall carry out performance evaluation of ETP and ZLD system. Based on the TDS concentration in RO reject, the unit shall either treat RO reject in ETP or MEE. (If TDS> 5000mg/l in RO reject, it may be treated in MEE or else in ETP). The units in any case shall not discharge the RO reject without further treatment.
IX Conclusions
1. Construction of CETP: Previously all the units had proposed for construction of common effluent treatment plant but the district administration and the units could not find a suitable land for construction of CETP. Currently all seven units have established their individual effluent treatment plants and hence the proposal of CETP is shelved.
2. As per the Ground Water and Water Audit Department, Government of Andhra Pradesh, the ground water in the region is saline in nature due to sea water intrusion. The units have to treat the ground water in RO system for use for domestic and industrial purpose. Due to high salinity there are high chances of frequent clogging of RO membranes. In addition, the available ground water resources are not sufficient to meet the industrial water requirements. Considering this the committee recommends that all edible oil units in Krishnapatnam Port area to install common desalination plant thereby sea water may be drawn, treated and to be used by all edible oil industries by requesting the management of the Krishnapatnam port Ltd who is nodal agency for importing the crude edible oil on behalf of the edible oil industries management. Thereby withdrawal of ground water and procurement of water from tankers will be avoided. The units shall install desalination plant within a period of one year and entire water requirement has to be met from desalination only. The units shall install electromagnetic flow meters with totalizer to quantify the water consumption.
3. The units have not disposed spent nickel catalyst to authorized re-processors stating that the small quantity of waste is generated. The committee submits to Hon‟ble NGT to instruct APPCB to direct APPCB to safely store the spent nickel catalyst and to dispose the same to authorized re-processors. The units shall be directed to comply with Hazardous Waste Rules, 2016 and shall dispose the hazardous wastes as directed in the consent within 90 days period.
4. During the inspection, the committee did not observe any discharge of effluent into the Budhakaluva drain, Pantapalem irrigation channel or into land outside the industry premises. But however, in all the units except M/s Adani Wilmar unit-I, there is no proper effluent conveyance system/ pipelines to transfer effluent from production blocks to effluent treatment plant. The committee observed that open drains were used for effluent transfer and during rains, effluent and rain water may overflow into the peripheral drains (drains are provided all along the boundary of the units to collect the effluent). The units informed that during rains, water/effluent is taken to ETP from peripheral drains and no effluent is let out of the unit. The units shall be directed to close the peripheral drains at the exit point near unit boundary. The drains used for transfer of effluents from production block to ETP are clogged, thick oily scum is floating on top and sludge is settled at bottom of drains. Under these circumstances very little effluent may be transferred to ETP and effluent may overflow into area/ soil adjacent to the drains. The committee submits to Hon‟ble NGT to instruct APPCB to direct the industries to establish proper effluent pipelines within a period of two months of adequate size to transfer effluent from production block to ETP and for utilization of treated effluent. The pipelines shall be periodically cleaned and cleaning water shall be routed to ETP to prevent any clogging. The status of cleaning shall be submitted to APPCB while submitting compliance reports.
5. The units shall maintain proper records for fullers earth (bye-product) generated and oil recovered from the ETP and its mode of its disposal. Though all units informed that the same were disposed for incense sticks manufacturer and soap industries, however no records were shown to committee.
6. The units are importing crude palm oil and sunflower oil from Malaysia, Singapore and Indonesia. The Port Authorities are testing the crude oil for presence of any mineral oil and after ensuring that no mineral oil is present, the consignment is handed to the units. While verifying the documents, the committee observed that the quantity of the imported crude is around 60% to 70% of the unit production. The units are locally procuring crude oil from Page 48 of 101 other industries (it was reported that these industries purchase palm and sunflower from farmers and extract crude and sell to edible oil refineries in Krishnapatnam). The crude that is locally purchased is not tested for the presence of mineral oil content or Hydrocarbons. The committee humbly submits to Hon‟ble NGT that the units have to carry out mineral oil test with every batch of consignment locally procured also. These reports have to be submitted to APPCB along with their compliance report.
7. The flyash generated from the industries are sold to brick manufacturers. APPCB directed the units to install flyash silo of 30 day storage capacity with an objective that during rainy season, if the ash is not taken by the brick manufacturers on a daily or weekly basis, the ash could be safely stored in silo for a period of atleast 30 days and from silo it can be transferred directly into trucks. But all seven units have not complied with this condition and have installed a silo of capacity handling flyash for period varying from seven to ten days. Further it was informed to the committee that the units are disposing the flyash on alternate days and is not stored in the unit beyond a week. The committee submits to Hon‟ble NGT to direct APPCB to hold a meeting with edible oil units, brick manufacturers, flyash transporters and any other flyash users and review the direction. Fly ash is being dumped in the North-Eastern Direction of M/s Emami Agrotech Ltd in public lands adjacent to M/s Gemini Edible and M/s Emami Agrotech. The land does not belong to any edible oil unit, and none of the industry are ready to take responsibility for removing the flyash. Since the flyash is dumped in land adjacent to M/s Emami and M/s Gemini, both of these industries as part of CSR activity will take complete responsibility to remove the dumped flyash and send it to brick manufacturers.
8. The units have not made proper arrangements for flyash storage and loading into the trucks. It was observed during inspection that lot fugitive dust was emitted during loading operations. The units shall ensure wetting or water spraying at the time of loading of flyash and also the feeding hopper is covered.
9. The committee has assessed environmental compensation for serious violationand for not meeting conditions stipulated in the consent. The units shall pay Environmental Compensation to APPCB as summarized below:
Sl. No Name of the Unit Environmental
Compensation to
be paid by the unit
to APPCB in INR
1 M/s Gemini Edibles & Fats India Pvt Ltd 66,00,000/-
2 M/s Emami Agrotech Limited 1,32,50,000/-
3 M/s. Adani Wilmar -(Unit-II) 73,80,000/-
4 M/s.South India Krishna Oil & Fats Pvt.Ltd 71,30,000/-
5 M/s. 3F Industries Limited (Formerly Foods fats & 75,50,000/-
Fertilizers Ltd.,)
10. The units have provided online emission monitoring system to measure PM10. The porthole provided for manual monitoring are utilized by the units to install online dust monitors. The Committee submits that Hon‟ble NGT instructs APPCB to direct the units to establish fresh points for online dust monitors. The units have to ensure that all the stacks connected to boilers are provided with APCD‟s and OCEMS including the stand-by boilers. The units shall augment their pollution control devices so as to ensure that they comply with the standards stipulated by APPCB. The units shall take measures to prevent fugitive dust generated during loading, unloading of raw materials, products, flyash etc so as to meet the National Ambient Air Quality Standards.
11. The units shall upgrade the effluent treatment plants, periodically remove the accumulated sludge and oil from the tanks and send the same to TSDF. The units shall properly operate the ETP and ensure that they comply with the effluent discharge standards stipulated by APPCB.
12. The public roads surrounding the industries are in very poor condition due to movement of heavy vehicles. All the edible oil units shall collectively construct new concrete roads as part of CSR activity. The units shall develop green belt all along the boundary of the units and in vacant spaces and ensure that the 33% of total area is covered with green belt. In addition as part of CSR activity the units can take up compensatory green belt in public lands."
Page 49 of 10130. Thereafter, this Tribunal had passed the following order:-
"5. The 5th respondent has filed their objection to the report of the Joint Committee along with certain documents to show that the observation made by the committee regarding the alleged insufficiency of the system that is being operated in their unit is not correct.
6. Though the applicant is absent, we feel that on the basis of the objections raised by the 5th respondent regarding the change in ownership of the 5 th respondent unit, we direct the office to substitute the name of the 5 th respondent as M/s. Adani Wilmar Limited represented by its Managing Director having its registered office at Fortune House, Near Navrangpura Railway Crossing, Ahmedabad - 380009, Gujarat, India.
7. The Office is directed to carry out the amendment in the cause title.
8. Other respondent units who have not filed their objections to the committee report are directed to file their objections within a period of 15 (Fifteen) days to this Tribunal by e-filing with a copy to the committee so that the committee can go into the objections and come with their findings on that aspect, apart from filing their further action taken report, after considering the objections to the findings arrived at by them to this Tribunal on or before 26.03.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules."
31. Some of the edible oil companies have filed their objections to the Joint Committee report denying the deficiencies noted and this Tribunal had directed the Andhra Pradesh Pollution Control Board to file a detailed report regarding the objections raised by the Edible Oil Companies on the basis of the observations made by the Joint Committee against certain violations / insufficiencies noted and also on the question of imposition of environmental compensation.
32. Vide Order dated 11.08.2021, this Tribunal had considered the further report dated 10.08.02021, e-filed on the same date, submitted by the Joint Committee based on the objections raised and this Tribunal had extracted the conclusion portion of the report of the committee in Para (3) of the order which reads as follows:-
"IX Conclusions:
1. Construction of CETP: Previously all the units had proposed for construction of common effluent treatment plant but the district administration and the units could not find a suitable land for construction of CETP. Currently all seven units have established their individual effluent treatment plants and hence the proposal of CETP is shelved. The individual ETP‟s established in the units are fully operational.
2. As per the Ground Water and Water Audit Department, Government of Andhra Pradesh, the ground water in the region is saline in nature due to sea water intrusion. The units have to treat the ground water in RO system for use for domestic and industrial purpose. Due to high salinity there are high chances of frequent clogging of RO membranes. In addition, the available ground water resources are not sufficient to meet the industrial water requirements. Thereby withdrawal of ground water and procurement of water from tankers will be avoided. The committee humble submits to Hon‟ble NGT to direct the Andhra Pradesh Industrial Infrastructure Corporation (APIIC) and Department of Industries, Nellore to provide water supply to the industries. There are seven edible oil industries operating in Muthukur village, Krishnapatnam.
3. The units have not disposed spent nickel catalyst to authorized re-processors stating that the small quantity of waste is generated. The committee submits to Hon‟ble NGT to instruct APPCB to direct the industries to safely store the spent nickel catalyst and to dispose the same to authorized re-processors. The units shall be directed to comply with Hazardous Waste Rules, 2016 and shall dispose the hazardous wastes as directed in the consent within 90 days period.Page 50 of 101
4. During the inspection, the committee did not observe any discharge of effluent into the Budhakaluva drain, Pantapalem irrigation channel or into land outside the industry premises.
5. The units shall maintain proper records for fullers earth (byeproduct) generated and oil recovered from the ETP and its mode of its disposal. Though all units informed that the same were disposed for incense sticks manufacturer and soap industries, however no records were shown to committee.
6. The units are importing crude palm oil and sunflower oil from Malaysia, Singapore and Indonesia. The Port Authorities are testing the crude oil for presence of any mineral oil and after ensuring that no mineral oil is present, the consignment is handed to the units. While verifying the documents, the committee observed that the quantity of the imported crude is around 60% to 70% of the unit production. The units are locally procuring crude oil from other industries (it was reported that these industries purchase palm and sunflower from farmers and extract crude and sell to edible oil refineries in Krishnapatnam). The crude that is locally purchased is not tested for the presence of mineral oil content or Hydrocarbons. The committee humbly submits to Hon‟ble NGT that the units have to carry out mineral oil test with every batch of consignment locally procured also. These reports have to be submitted to APPCB along with their compliance report.
7. Based on the inspection during October, 2020 the committee had assessed environmental compensation for non-compliances during the period 17.01.2020 to 14.10.2020. The committee again inspected during July, 2021 and considering the improvements and compliances/ non-compliances the committee has ascertained EC. The committee submits to Hon‟ble NGT to direct the units to pay Environmental Compensation to APPCB as summarized below:
S. No Name of the Unit Environmental Compensation to be paid by the unit to APPCB in INR
1. M/s. Gemini Edibles & Fats India Pvt Ltd 66,00,000/-
2. M/s. Emami Agrotech Limited 1,32,50,000/-
3. M/s. Adani Wilmar -(Unit-II) 73,80,000/-
4. M/s.South India Krishna Oil & Fats Pvt. Ltd 1,05,86,000/-
5. M/s. 3F Industries Limited (Formerly Foods 1,10,06,000/-
fats & Fertilizers Ltd.,)
8. The units have provided online emission monitoring system to measure PM10. The porthole provided for manual monitoring are utilized by the units to install online dust monitors. The units shall ensure that real time data is directly transferred from analyser to APPCB server without any interface.
9. Fly ash is found dumped in low lying area to an extent of ten acres in vacant plot. All the industries informed that they are not responsible for the dumping. The committee submits to Hon‟ble NGT to direct all seven industries to jointly compact the fly ash and to cover with minimum 10cm clay/ soil cover to prevent ambient dust.
10. The public roads surrounding the industries are in very poor condition due to movement of heavy vehicles. M/s. Emami, M/s. Gemini and M/s. Adani Wilmar Unit shall collectively construct new concrete roads as part of CSR activity. The units shall develop green belt all along the boundary of the units and in vacant spaces and ensure that the 33% of total area is covered with green belt. In addition as part of CSR activity the units can take up compensatory green belt in public lands."
33. On that day, the Andhra Pradesh Pollution Control Board was directed to file their action taken report.
34. The Edible Oil Companies have filed their further objections to the Joint Committee report.
35. The matter was taken up on 24.11.2021 and on that date, this Tribunal had considered the further report dated Nil, e-filed on 23.11.2021 submitted by the Joint Committee in compliance with the order dated 16.09.2021 and extracted in Para (3) of the order which reads as follows:-
Page 51 of 101Page 2 Committee Report in the matter of OA 221/2015 (SZ)
1. Preamble Seven Edible Oil Industries are operating in Krishnapatnam Port region in SPSR Nellore district. The applicant Smt. Isanaka Vedavathi submitted a representation stating that pollution has been caused by edible oil units. Hon'ble National Green Tribunal Southern Bench vide order dated 16.03.2020 appointed a joint committee comprising of (1) a Senior Officer from the Central Pollution Control Board, Regional Office, Chennai (2) Senior Officer from the Regional Office of MoEF&CC, Chennai and (3) Senior Scientist from Andhra Pradesh Pollution Control Board to ascertain the status of functioning of edible oil refinery units at Krishnapatnam. In compliance to Hon'ble NGT order dated 16.03.2020, the committee inspected the edible oil units in October, 2020 and submitted the report during December, 2020. Out of seven units operating in the region, five edible oil units raised objections to the committee report. Hon'ble NGT vide order dated 03.02.2021 directed the committee to go into the objections and come with their findings on that aspect. Copy of Hon'ble NGT order dated 03.02.2021 is placed as Annexure-I. In compliance to Hon'ble NGT order 16.03.2020 and 03.02.2021 the following committee was composed:
1. Dr. Suresh Babu Pasupuleti, Scientist-C, Integrated Regional Office (IRO), Ministry of Environment, Forest and Climate Change, Vijayawada.
2. Smt. Mahima T, Scientist-D, Central Pollution Control Board, Regional Directorate, Chennai.
3. Sri. Rajasekhar, Environmental Engineer, Andhra Pradesh Pollution Control Board, Regional Office, Nellore (Nodal agency).
The Committee has been vested with the mandate to review the objections raised by the edible oil units on committee report, verify the compliance status. The committee convened a meeting with the edible oil units on 25.03.2021 to understand the issues raised by them. During the meeting the five edible oil units informed the committee members that they have upgraded the treatment units, laid effluent conveyance system and presently are fully complying with all the CFO conditions stipulated by APPCB. In order to verify the ground level implementation of the corrective measures the committee inspected five edible oil units which have filed objections to committee report during 29th to 30th July, 2021.
The committee after ascertaining the ground level implementation of the action plan, the committee submitted second report during August, 2021.
2 of 9 Page 52 of 101 Page 3 Committee Report in the matter of OA 221/2015 (SZ) The Hon'ble NGT vide order dt: 11.08.2021 issued order that "Parties are at liberty to file objection, if any, to the Committee report apart from filing their independent reply to the allegations made in the application. In the meantime, the Pollution Control Board is also directed to file the further action taken report on the basis of the observations made by them along with the Committee at the time of the inspection. Parties are directed to file the same on or before 11.08.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules." Copy of Hon'ble NGT order dated 11.08.2021 is placed as Annexure-II.
Accordingly, the APPCB vide order dt: 23.09.2021 issued directions to the edible oil units based on the observations and recommendations of the Committee and directed 5nos. of edible oil units to pay the environmental compensation to the APPCB within a week. Copies of the directions issued to the edible oil industries are herewith enclosed as Annexure - III.
In the meanwhile, four industries again submitted objections to Hon'ble NGT against the second report of the committee, which was submitted during August,2021. Hon'ble NGT vide order dated 16.09.2021 directed the committee to consider the objections and to give the opinion on the same and to file further report as well as action taken report by 18.10.2021. Copy of Hon'ble NGT order dated 16.09.2021 is placed as Annexure-IV.
2. Action taken by the Committee:
The Joint committee conducted a virtual meeting with the Edible oil industries, Krishnapatnam Port area, SPSR Nellore District on 04.10.2021. During the meeting, the committee interacted with all four industries that have raised objections to the committee report. The committee reviewed the objections filed by the edible oil industries by the individual industries on the joint committee report dated10.08.2021. In compliance to Hon'ble NGT directions, the committee has considered the objections raised by the industries and same is summarized in table 1. During committee inspection the industry representatives were also present. The committee has explained the about non-compliances observed during inspection to the industry representatives for which the industry representatives assured to the committee members that they shall take corrective actions.
3 of 9 Page 53 of 101 Page 4 Committee Report in the matter of OA 221/2015 (SZ) Table 1: Review of objections raised by the industry against committee report of December, 2020.
Sl.No Objection raised by the Decision of the Remarks
industry committee
I. M/s. 3F Industries Limited
1 Objected regarding The committee was Objection need
constitution of the constituted by Hon'ble not be
committee and mentioned NGT and committee was considered.
that all 7 units were composed based on the
inspected in a single day. nominations received by
respective departments of
APPCB, CPCB & MoEF&CC.
The committee convened
online meetings and
inspected the units in
detail in two days.
In addition APPCB has
carried out ambient air
quality and source
emission monitoring
2 Claimed that all units of On the day of committee Non-complying
the ETP are in operation, inspection, the ETP was
during
7 fat traps provided, not in operation; oil was
spilled all over the plant committee
storm water drains are in
and in tank form area and
dry condition, spillage of inspection.
ETP areas; There was no
oil observed mainly at proper effluent transfer
tank form area due to system from production
Objection need
pump seal leaks and tank block to ETP and storm
form is built on concrete water drains were used for not be
floor. transfer of effluent
considered
instead of closed conduits.
Storm water drains were
clogged and filled with oil
waste.
Though the unit had
installed seven traps but
they were not adequate
and were not effectively
functioning due to which
thich oil deposition was
observed in ETP
components and ETP was
not in operation. Photos
taken during inspection
were submitted along with
earlier committee reports
3 Reported that they are The committee first DAF system for
installing an advance inspected the units during oil skimming not
version of skimmer for October, 2020 and second installed at the
inspection was carried out
removal of oil or solids time of
during July, 2021. Even
through DAF system. after a lapse of nine committee
months, unit had not inspection.
4 of 9
Page 54 of 101
Page 5
Committee Report in the matter of OA 221/2015 (SZ) installed DAF system by Found Non-
the time of inspection. complying
The unit reported that during
they have placed the order
inspection.
for procurement of DAF.
Objection need
not be
considered
4 Claimed that they are During inspection, the Non-complying
spent nickel catalyst to unit is not able to produce during
the authorized the records i.e. Manifest inspection.
pertaining to disposal of
reprocessors who are Objection need
spent nickel catalyst to
selling to their unit. authorized re-processors. not be
As per the HWM Rules, considered
2016, the unit shall
dispose the hazardous
wastes within 90 days.
5 Disposing fullers earth to Fullers earth and oil Objection need
authorized incense recovered from ETP are not be
manufacturers. bye products of the unit. considered
The bye-products shall be
either utilized for further
beneficial purposes or
disposed safely.
The unit is supposed to
maintain records for
fullers earth (by-product)
generated and oil
recovered from the ETP
and its mode of its
disposal. The unit
informed that they are
disposing fullers earth to
incense sticks
manufacturers and soap
industries, however no
records were made
available to committee on
its utilization or disposal.
6 The unit informed that The committee reported Objection need
they installing new the status of the unit as on not be
equipment in the ETP date of inspection considered
i.e.30.07.2021, during
which will be
which ETP was not in
commissioned by end of operation.
September,2021.
7 Requested to reject the The committee inspected Objection need
joint committee report the industry in detail and not be
and set aside the fine of calculated the considered.
Environmental
Rs.1,10,06,000/- levied Committee
Compensation as per the
without basis. formula given by the submits to
CPCB. The unit is filing Hon'ble NGT to
their objections to delay direct the unit
the payment of the to pay EC of Rs.
Environmental 1,10,06,000/- to
Compensation. APPCB.
5 of 9
Page 55 of 101
Page 6
Committee Report in the matter of OA 221/2015 (SZ) M/s. South India Krishna Oil & Fats Pvt. Ltd.
8 The industry reported that The industry is supposed Partially they are in the process of to maintain the storm complied during improving the storm water water drains in such a way committee drains, issued work order that they shall be in dry inspection.
for rain water harvesting condition during sunny
system and placed order days and storm water shall Objection need
not be
for oil & grease skimmer. not get contaminated with
rain water. But, on the considered
day of inspection, there is
no rain but contaminated
effluent was present in the
storm water drain. Rain
water harvesting system
not yet completed.
Further, oil & grease
skimmer also not yet
provided. Hence the
committee recommended
the unit to improve
wastewater handling and
also reported as partially
complied.
9 The industry reported that The committee observed Objection need
they have provided odour severe odour nuisance not be
control system. within the premises and considered
the same was reported.
However the unit assured
the committee that
corrective measures shall
be taken and odour will be
controlled.
10 Objected the levy of The unit is partially Objection need
Environmental complying but unit is in not be
Compensation of Rs. the process of considered. Unit
1,05,86,000/- implementing corrective was partially
measures. As there is some complying
improvement and some during
more improvements are committee
under progress, the inspection. EC is
committee has considered assessed till
R factor as Rs. 100/- only. compliance is
achieved. EC of
Rs.1,05,86,000/-
is assessed as
per CPCB
formula
considering the
improvements
made by the
unit.
6 of 9
Page 56 of 101
Page 7
Committee Report in the matter of OA 221/2015 (SZ) M/s. Emami Agrotech Limited 11 Objected regarding The representatives of the Objection need constitution of the APPCB, CPCB & MoEF&CC not be committee and mentioned inspected the units as considered.
that all 7 units were nominated by the
inspected in a single day. respective organizations.
The committee inspected
the units in detail in two
days.
11 The industry claimed that It is clarified that no fresh Unit is one of
they complied in all EC was levied as the the reputed &
aspects as per the report industry complied with the largest industry
in the region.
dt: 10.08.2021 and the EC conditions. As there are
Inspite of
was levied. certain non-compliances directions &
during previous inspection notices issued
of the committee, the by APPCB, unit
industry is liable to pay was found non-
Environmental complying
Compensation of Rs. during first
inspection of
1,32,50,000/- to APPCB.
the committee.
EC was assessed
as per CPCB
formula.
Objection need
not be
considered.
M/s. Adani Wilmar Ltd (Unit-II) (Formerly M/s. Louis Dreyfus India Pvt. Ltd.,) 12 The industry claimed that It is clarified that no fresh Objection need they complied in all EC was levied as the not be aspects as per the report industry complied with the considered. dt: 10.08.2021 and the EC conditions. As there are was levied. certain non-compliances during previous inspection of the committee, the industry is liable to pay Environmental Compensation.
During meeting, the joint committee members has reviewed individual unit and explained about their violations observed in detailed manner and directed to pay the environmental compensation as per the directions of the Hon'ble NGT.
The representatives of the edible oil industries informed that they have complied with violations observed by the Joint committee during their inspections held during 29th to 30th October, 2020 and 29th to 30th July, 2021. Since the industries have taken corrective measures and are currently complying with the stipulated standards and with the directions issued by APPCB, on these grounds the industries requested the Joint committee to waive-off the Environmental Compensation.
7 of 9 Page 57 of 101 Page 8 Committee Report in the matter of OA 221/2015 (SZ) The committee reviewed the objections filed by the edible oil industries by the individual industries on the joint committee report dated10.08.2021. The representatives of M/s. Gemini, M/s. Emami and M/s. Adani (Unit-1) informed that they have complied with the directions and conditions insisted by the APPCB. The Committee clarified that the Environmental Compensation is for the earlier period but not for the recent period. APPCB are regularly monitoring the industries and have issued directions vide order dated 15.02.2018 and 16.02.2018.
Further APPCB has inspected the industries and issued modified directions on 17.01.2020. The committee inspected the units during October, 2020 and found that the units are yet to comply with Directions issued by APPCB. The committee has assessed Environmental Compensation for the non-compliance during January, 2020 to October, 2020. In compliance to Hon'ble NGT directions dated 03.02.2021 and 16.09.2021, the industries have presently cleaned the drains, separated storm water drains and effluent drains, not discharging effluent into storm water drains, oily sludge removed from drains. The committee submits that present compliance of the industries can't be considered or represented as the units were complying with APPCB directions during January to October, 2020. Hence the committee humbly submits to Hon'ble NGT to direct the industries to pay Environmental Compensation to APPCB as briefed in table 2.
Table 2 :
Sl. Name of the Unit EC to be paid in INR
No
1 M/s Gemini Edibles & Fats India Pvt. Ltd 66,00,000/-
2 M/s Emami Agrotech Limited 1,32,50,000/-
3 M/s. Adani Wilmar -(Unit-II) 73,80,000/-
4 M/s South India Krishna Oil & Fats Pvt. 1,05,86,000/-
Ltd
5 M/s. 3F Industries Limited 1,10,06,000/-
(Formerly Foods fats & Fertilizers Ltd.,) Sri G. Prathap, Director of M/s. Gemini Edible oil industries Pvt. Ltd., representing the Edible oil association has submitted that they are consistently improving the industries and also solving the common issues. He informed that they had a meeting with the District Administration & Municipal Corporation authorities for procurement of raw water. The association is in positive to work together with authorities for procurement of water to overcome this problem. The work is under progress.
The committee observed that the industries have taken lot of corrective measures within a short time. Significant positive changes such as rain water harvesting pits and complete recharge of ground water, installation of additional fat traps for efficient oil recovery etc., are implemented by the industries for Environmental Protection.
8 of 9 Page 58 of 101 The industries collectively agreed to take up additional tree plantation. The committee has identified the efforts made by the industry which will benefit both industries as well as surrounding during the committee visit, the industries are liable to pay Environmental Compensation as recommended in the Joint Committee report dated. 10.08.2021.
Finally, the joint committee has opined that the Environmental Compensation as recommended by the Joint Committee in its report dt:
10.08.2021 and directions issued by the APPCB dt. 23.09.2021.
Prayer: The Committee humbly submits the Hon‟ble national Green Tribunal to direct the edible oil industries to Joint Committee in its report dt:
10.08.2021 and implement the directions issued by the APPCB vide order dt. 23.09.2021."
36. The State Pollution Control Board also filed action taken report dated 17.11.2021, e-filed on 23.11.2021 and extracted in Para (4) of the order which reads as follows:-
"Action taken report:
In order to take action on the industries based on the observations of the Committee and other observations, the APPCB placed the issue before the External Advisory Committee (Task Force) meeting held on 07.09.2021.
After detailed discussions, the External Advisory Committee recommended that the edible oil units shall pay the Environmental Compensation as recommended by the NGT Committee, shall comply with all recommendations of the Committee and also to come up with detailed time bound action plan on utilization of surface water. The committee observed that the industries were given several opportunities for compliance and the committee by the NGT after considering the objections have inspected the industries again and finally recommended levying EC and to issue directions. Thus, having already given ample opportunity, the EAC committee recommended to issue following directions and to levy Environmental Compensation as recommended by the NGT Committee.
Accordingly, the A.P. Pollution Control Board has issued directions to the edible oil industries on 23.09.2021 in which the unit shall pay the Environmental Compensation as recommended by the Joint Committee constituted by the Hon‟ble NGT. Copies of the directions issued to the edible oil industries are herewith enclosed as annexure-III for kind perusal.
Based on the directions issued by the APPCB, the following edible oil units has to pay environmental compensation to APPCB as below:
Name of the Edible oil industry & Environmental Compensation to be paid M/s. Gemini Edibles & Fats India Pvt. Ltd - Rs. 66,00,000/- M/s. Emami Agrotech Limited - Rs.1,32,50,000/-
M/s. Adani Wilmar -(Unit-II) - Rs. 73,80,000/-
M/s. South India Krishna Oil & Fats Pvt. Ltd- Rs.1,05,86,000/- M/s. 3F Industries Limited (Formerly Foods fats & Fertilizers Ltd.,)- Rs.1,10,06,000/-
The Hon‟ble National Green Tribunal, Southern Bench vide its order dated 16.09.2021 in the matter of O.A. No. 221/2015 has directed the following:Page 59 of 101
The Committee is directed to consider these objections and give their opinion regarding the same, so that can also be considered by this tribunal at the time of considering the matter during final hearing. . The learned counsel appeal regarding for the Andhra Pradesh Pollution Control Board,(APPCB) submitted certain discussions were made with the units and recommendations have been made to the Board and it is for the Board to take some decision, and if some time is granted, they may be able to file the further action taken report in this regard.
. The committee as well as the Andhra Pradesh Pollution Control Board must understand the fact that the matter is of the year 2015, and it is pending for last six years now and it will have to be completed at the earliest possible time, as the entire proceedings will have to be completed within six months from the date of application and as per the provisions of the National Green Tribunal Act. The committee as well as the Andhra Pradesh Pollution Control Board (APPCB) are also directed to file their further report as well as further action taken report respectively, to this Tribunal on or before 18.10.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules"
Copy of the Hon‟ble NGT order is enclosed as Annexure-II.
The following industries submitted their replies to the directions dated 23.09.2021 issued by the APPCB stating that the matter of Environmental Compensation is pending with the Hon‟ble National Green Tribunal, South Zone, Chennai and their submissions are under consideration.
It is pertaining to mention that the following industries have made objections on the Joint Committee report dated. 10.08.2021.
. M/s. 3F Industries Limited (formerly M/s.Foods Fats & Fertilizers Ltd.) Sy. No. 1604, Epuru 1-B, Pantapalem (V), Muthukuru (M), SPS Nellore District . M/s. South India Krishna Oil & Fats Pvt. Ltd., Sy. No.275, 279, 280 & 281, Epuru Bit - 1B, Pantapalem Village, Muthukur Mandal, SPSR Nellore District.
. M/s. Adani Wilmar Ltd (Unit-II) (M/s. Louis Dreyfus India Pvt. Ltd., (formerly M/s. Louis Dreyfus Commodities India Pvt. Ltd.,) Sy. No.1601, Epuru Bit-1B, APIIC, Pantapalem (V), Muthukur (M), SPSR Nellore District.
. M/s. Emami Agrotech Limited (formerly M/s. Emami Biotech Limited), Sy. Nos.501, 502/1, 502/2, 503/1, 503/2, 504, 505/2, 507/2, 509/1, 509/2, 510/1 & 510/2, Pantapalem (V), Muthukur (M), SPSR Nellore District.
A virtual meeting was conducted on 04.10.2021 with the representatives of Edible oil industries who have filed objections on the Joint committee report dated. 10.08.2021 submitted to the Hon‟ble NGT (SZ). The official‟s of the Joint committee comprising from MoEF&CC, CPCB and APPCB has attended the virtual meeting. After discussions, the Committee opined that industries has to pay Environmental Compensation as recommended by the Joint Committee in its report dt: 10.08.2021.
It is to submit that the Joint committee has recommended the Environmental Compensation after conducting inspection of the industry; the joint committee reinspected the industries based on the objections raised on the committee report; and the external advisory committee (Task force) of APPCB reviewed the report of the joint committee and recommended to impose Environmental Compensation to the industries. Accordingly, the APPCB vide order dt: 23.09.2021 issued directions to the industries to pay environmental compensation. But the industries are filing their objections without paying the environmental compensation to delay the process.
Hence, it is humbly submitted that the Hon‟ble National Green Tribunal to issue directions to the edible oil industries to pay the Environmental Compensation and implement the directions dt: 23.09.2021 without any delay."
Page 60 of 10137. Thereafter, this Tribunal had passed the following order:-
"5. The respondents 8 to 11 have filed I.A. No. 155 of 2021 (SZ), I.A. No. 156 of 2021 (SZ), I.A. No. 174 of 2021 (SZ) and I.A. No. 175 of 2021 (SZ) respectively for staying the direction to pay compensation received from the Andhra Pradesh Pollution Control Board (APPCB) during the pendency of the ongoing application.
6. The matters are pending from 2015 onwards we feel that the question of compensation also can be considered by the Tribunal itself, after giving an opportunity to the parties to file their objections to the Joint Committee report.
7. The respondents against whom compensation has been imposed by the subsequent Joint Committee report after considering the objections filed by them, they are directed to file their objections to the further Joint Committee report as well as action taken report filed by Tamil Nadu Pollution Control Board (TNPCB) before this Tribunal within a week.
8. In the mean time, we direct the Andhra Pradesh Pollution Control Board (APPCB) to keep the direction to pay the compensation issued against the respondents in abeyance till the next hearing date. The interim order if any, passed by this Tribunal, if necessary can be extended on the next hearing date. With the above observations I.A. No. I.A. No. 155 of 2021 (SZ), I.A. No. 156 of 2021 (SZ), I.A. No. 174 of 2021 (SZ) and I.A. No. 175 of 2021 (SZ) are disposed of.
9. The parties are directed to file their objection to the present report submitted by the Joint Committee as well as the Andhra Pradesh Pollution Control Board (APPCB) regarding the quantum of compensation and also the reasons given by them for reiterating their findings regarding the assessment of compensation on or before 08.12.2021 and get ready with the Original Application on 16.12.2021.
10. The committee as well as the Andhra Pradesh Pollution Control Board (APPCB) are also directed to file their further report to this Tribunal on or before 01.12.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules and get ready with the matter on 16.12.2021."
38. Vide Order dated 22.12.2021, this Tribunal had noted the fact that Appeal Nos.77 and 78 of 2021 (SZ) were filed by the 11th Respondent before this Tribunal against the orders passed by the Pollution Control Board vide their Proceedings No.149/APPCB/UH-II/TF/NLR/2018 dated 23.09.2021 in respect of imposition of certain directions to be complied with and also Proceedings No.149/APPCB/UH-II/TF/NLR/2018 dated 23.09.2021 in respect of imposition of environmental compensation respectively and after considering the objections filed by the Pollution Control Board, this Tribunal had disposed of Appeal Nos.77 & 78 of 2021 with observation that the action taken by the Board can be considered by this Tribunal itself and thereafter, this Tribunal had passed the following order:-
Page 61 of 101"10. In the meantime, Joint Committee shall consider all the objections filed by respondents, namely, 9, 10 and 11and objection of any other industries and also compliance of the directions, if any, issued by the Pollution Control Board on the basis of the subsequent inspections made and if there is any further violations, then consider those aspects as well and come with a comprehensive report to the Tribunal, so that this Tribunal can finally consider all those aspects and pass appropriate orders and dispose of the matter itself as the matter is pending since 2015.
11.Joint Committee as well as Pollution Control Board are directed to meet the objections and give their specific findings on those aspects so that the industries as well as this Tribunal can consider those aspects while disposing the matter at the final stage.
12. 9th respondent also filed their objections that also can be considered by the Joint Committee as well as Pollution Control Board while submitting the report.
13.Report must contain the nature of objections raised by the respective industries to the earlier report as well as subsequent action taken reports filed and then meet those objections by giving reasons why they are accepting or not accepting the same and if they feel that further direction given by them were also not complied with by them, that aspect can also be considered and come with a further detailed report regarding revisiting of compensation payable for the part violation as well as the subsequent violation.
14.They are directed to submit the respective reports to this Tribunal on or before 27.01.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules. If possible the Committee as well as Pollution Control Board are directed to give a personal hearing to the industries to substantiate their objections so that the Committee as well as the Pollution Control Board can meet those objections in detail when their respective reports are filed as directed by this Tribunal.
15.Even for the present action taken report filed, the industries are at liberty to file their objections to the same to the Pollution Control Board as well as to the Joint Committee within 10 days and they are also directed to submit the objections to this Tribunal before handing over copies to the members of the Committee as well as to the Pollution Control Board so that the same also can be considered by the Committee while submitting the further report."
39. When the matter came up for hearing on 27.01.2022, on the basis of the submissions made by the official respondents that further inspections were conducted on the basis of the orders dated 22.12.2021 and they wanted some time to file their further reports, the case was adjourned to 23.02.2022 for consideration of further reports and hearing.
40. Vide Order dated 23.02.2022, this Tribunal had considered the report submitted by the Andhra Pradesh Pollution Control Board dated 19.02.2022, e-filed on 22.02.2022 and extracted in Para (2) of the order which reads as follows:-
Page 62 of 101REPORT ON EDIBLE OIL UNITS I. Preamble In the matter of OA 221/2015, in compliance to Hon'ble NGT directions dated 16.03.2020 & 29.09.2020, the committee inspected seven edible oil units during 13.10.2020 to 14.10.2020 and submitted the report during December, 2020. Five edible oil units raised objections to the committee report. Hon'ble NGT vide order dated 03.02.2021 directed the committee to go into the objections and come with their findings on that aspect. In order to verify the ground level implementation of the corrective measures the committee re-inspected five edible oil units during 29th to 30th July, 2021 which have filed objections to committee report. The committee after ascertaining the ground level implementation of the action plan, the committee submitted second report during August,2021. Five industries again submitted objections to Hon'ble NGT against the second report of the committee. Hon'ble NGT vide order dated 16.09.2021 directed the committee to consider the objections and to give the opinion on the same and to file further report as well as action taken report by 18.10.2021. In this connection, Joint committee meeting convened a meeting with the Edible oil industries, Krishnapatnam Port area, SPSR Nellore District through Video conference on 04.10.2021. During the meeting, the committee interacted with all five industries that have raised objections to the committee report. The committee reviewed the objections filed by the edible oil industries by the individual industries on the joint committee report dated 10.08.2021 and committee submitted the report to Hon'ble NGT. The APPCB is also one of the member in the committee and the committee report in this regard is being submitted separately.
II. Hon'ble NGT Order dated 22.12.2021:
Post submission of committee report, Hon'ble NGT vide order dated 22.12.2021 has directed as follows:
" Joint Committee shall consider all the objections filed by respondents, namely, 9, 10 and 11and objection of any other industries and also compliance of the directions, if any, issued by the Pollution Control Board on the basis of the subsequent inspections made and if there is any further violations, then consider those aspects as well and come with a comprehensive report to the Tribunal, so that this Tribunal can finally consider all those aspects and pass appropriate orders and dispose of the matter itself as the matter is pending since 2015.
Joint Committee as well as Pollution Control Board are directed to meet the objections and give their specific findings on those aspects so that the industries as well as this Tribunal can consider those aspects while disposing the matter at the final stage.
Page Page63 3 of 49 101 Report must contain the nature of objections raised by the respective industries to the earlier report as well as subsequent action taken reports filed and then meet those objections by giving reasons why they are accepting or not accepting the same and if they feel that further direction given by them were also not complied with by them, that aspect can also be considered and come with a further detailed report regarding revisiting of compensation payable for the part violation as well as the subsequent violation".
A copy of the Hon'ble NGT order is herewith enclosed as Annexure-I for kind perusal.
Subsequently, the Hon'ble NGT heard the matter on 27.01.2022 and made the following order.
"2. The case was posted to today for consideration of further reports.
3. The 8th Respondent has filed objection to the report of the Pollution Control Board dated 13.12.2021.
4. The 11th Respondent also filed certain documents along with the reply affidavit to the action taken report dated 13.12.2021
5. The learned counsel appearing for the 5th Respondent submitted that they have filed their objections along with the documents on 20.01.2022 but no such documents are placed before the Bench. The learned counsel appearing for the 5th Respondent is directed to verify from the office and if there is any defect, they are directed to rectify the same and e-file the same again before the next hearing date.
6. The learned counsel appearing for the State Pollution Control Board as well as the State Departments submitted that on the basis of the directions given by this Tribunal by order dated 22.12.2021, they have conducted the further inspection and water samples were taken and hearing was also conducted on the basis of the objections filed by the industries and they are awaiting the report of the water samples and they want three weeks time to file the report.
7. The matter is of the year 2015. The official respondents are also expected to consider this fact while asking time for submitting the reports. However, considering the circumstances and subsequent developments ensued by virtue of the order dated 22.12.2021, we feel that some more time can be granted to the committee as well as to the Pollution Control Board to submit the further reports pursuant to the order dated 22.12.2021 on or before 18.02.2022 by e- filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter on 23.02.2022 for hearing.
Page Page64 4 of 49 101
8. The Committee as well as the official respondents are directed to serve the copy of the report to be filed to the learned counsel appearing for the project proponents and also to the learned counsel appearing for the applicant, so that they can also file their objections (if any) to the same and that also can be considered by this Tribunal and the matter can be disposed of by giving appropriate direction "
A copy of the Hon'ble NGT order is herewith enclosed as Annexure-II for kind perusal.
In this regard, it is to submit that the 5th Respondent, 8th Respondent and 11th Respondent has filed objections to the report of the Andhra Pradesh Pollution Control Board dated.13.12.2021. The remarks/ present status are submitted below for kind consideration of the Hon'ble National Green Tribunal.
5th Respondent - M/s. Adani Wilmar Limited (Unit -I), (formerly M/s. Krishnapatnam Oils & Fats Pvt. Ltd.), Sy.No.292, 317, Pantapalem (V) (Epuru-1B), Muthukur (M), SPSR Nellore District.
Sl. Direction Compliance 5th respondent's Remarks on response
No response of the 5th Respondent/
Present status
1 The industry Not complied. The allegations It is not an allegation
shall stop The industry is Are vague and on the industry. It's
procurement still procuring the without any true that the industry is
of water water from the basis. The 5th consuming water which
from the outside agencies respondent is was tapped from the
outside which was tapped not involved bore wells in the area.
agencies in illegal manner. in any The industry may not
whichwas procurement of tap the water directly,
tapped in The APPCB vide lr. water which is but the ground water is
illegal dated. 18.11.2021 tapped in an being tapped by the
manner. They requested the illegal manner. outside persons from
shall meet Collector & Local villagers the agriculture bore
water District supply water at wells illegally.
requirement Magistrate, SPSR the doorstep of Extensive drawl of
from Nellore district to the factories ground water also
government direct the (including the 5th increase the TDS levels
authorized concerned Respondent's in the ground water.
sources only. officials / factory) through The industry need to
Departments to water tankers. make its efforts for
stop illegal drawl The industries laying of the pipeline to
of water from have no get surface water. The
bore wells, who mechanism to APPCB vide letter
are supplying check and ensure dt.18.11.2021
water to the the source. As requested the
edible oil acknowledged in Collector & District
industries in the earlier Magistrate to direct
Muthukur Mandal, reports, the the concerned dept to
SPSR Nellore industry is stop illegal drawl of
district to prevent meeting its water water from the bore
ground water requirements wells to prevent
depletion in the through water ground water
area.
Page
Page65
5 of 49
101
tankers provided depletion. Then the
The Collector & by the villagers. Collector & District
District Magistrate APPCB has Magistrate issued strict
strictly directed to acknowledged in instructions to the line
the Revenue and its earlier reports departments. Then only
Panchayath-raj that all industries the industries vide
departments to have letter dt.07.12.2021
take immediate facing issues with issued consent to the
action. sourcing of water. Nellore Municipal
corporation to prepare
Subsequently, the The 4th DPR for laying pipelines
industries Respondent for supply of water.
requested the Has the necessary The industries are
Nellore Municipal permission from submitting the
Corporation to the Ground Water different proposals for
provide water. Department, the past one decade,
The edible oil Government of such as drawl of water
industries A.P., vide Letter from Sarvepalli
association Vide dated.23.01.2015 reservoir, installation
lr.dated.07.12.202 as has been stated of desalination plant,
1 issued consent earlier. drawl of water from
to the Corporation Nellore Municipal
to prepare DPR for All the industries Corporation. Thus these
laying of pipeline are currently industries are
for supply of exploring continuing production
water. possibilities for by using illegally
sourcing water tapped ground water.
through the
Nellore Municipal
Corporation and
Survepalli
reservoir by laying
pipelines and are
acting earnestly
towards the same.
(Copies of various
letters are
annexed herewith)
6 The industry This is a common The industry is also a
shall provide Not complied. point for all the part of the
online AAQ industries and the Krishnapatnam Edible
monitoring Krishnapatnam oil Refineries
station to Edible oil Refiners Association. The APPCB
continuously Association is is issuing consent /
monitor working on it for directions to the
PM10, SO2 & proper closure. individual industries,
other critical the Board issued these
pollutants in As far as directions to the
the upward Respondent the individual units. The
and cross 5th concerned, it Board directed the
wind has an online industry to install
directions at monitoring system online AAQ station in
surrounding for monitoring the upward and cross
villages, in SPM. wind directions in the
network with surrounding villages, in
other edible This has been network with other
oil industries raised for the very edible oil units. But,
first time in the the association
Action Taken initiated action for
Report. In the installation of only one
earlier reports online AAQ station.
Page
Page66
6 of 49
101
filed by the Joint During inspection on
Committee and 08-09 December,2021,
the APPCB, this the industry
point was never representative not
raised. submitted any progress
In any case , the regarding installation
5th respondent of online AAQ station in
would ensure the village . In view of
continued the above, the
compliance. In objection raised by the
this regard, it is unit need not be
stated that all the considered.
industries have
come together to
install one
common AAQ
monitoring station
at a common
place designated
by APPCB. The 5th
Respondent will
extend common
AAQ monitoring
station along with
the other
industries. A
Letter of the
Association in this
regard is annexed
herewith.
10 The industry Not Complied. This has been It is true that the unit
shall develop The industry is complied with and has acquired an
green belt all suppose to the same was additional land of 5.38
along the develop about communicated to acres for development
boundary and 4.95 acres of the 4th of green belt and also
in vacant green belt to respondent vide vide letter
spaces and achieve 33% of the letter dated dat.30.12.2021
ensure that total area. At 30.12.2021 while submitted to the
the 33% of present, the enclosing APPCB. Hence, the
total area is industry has photographs. The response submitted by
covered with developed green 4th Respondent the unit may be
green belt. In belt in an extent had inter alia considered and the
addition as of about 4.0 purchased 5.38 direction may be
part of CSR acres. acres of adjacent treated as complied.
activity the land and
units can developed an
take up additional green
compensator belt. It has also
y green belt been observing
in public both World
lands. Environment Day
and World
Pollution Day and
embarked on
plantation drives.
A Copy of the
letter dated
30.12.2021 is
annexed herewith.
Page
Page67
7 of 49
101
12 The industry A water collection
shall ensure system and Complied.
that the pumping to ETP
storm water has been put in
drainage Complied place and
system as implemented. The
below: 4th respondent
i) Entire was addressed in
effluent, this regard vide
including The industry is letter dated
st
floor routing the 1 19.10.2021
washings, flush of the storm wherein
spillages water into the photographs were
etc. shall storm water drains also enclosed. A
be sent to and provided copy of the said
the ETP pumps in the letter is annexed
through storm water drain hereto.
permanent to transfer to the
pipeline ETP. The 5th
network Respondent in
laid above The industry is compliance.
the ground maintaining dry During rainy days,
level with condition in the the storm water
appropriat storm water drains drain carries only
e color during non-rainy rainwater and
coding. days. contaminated
ii) The first waste water does
flush of not enter the
storm storm water drain.
water for
the first 15
minutes
shall be
collected
and routed
to the ETP.
Implement
ation plan
of action
shall be
furnished
to the
Board
within 15
days.
iii) There
shall not
be any
entry of
contamina
ted
wastewat
er into the
storm
water
drains
13 The industry Partially Joint and The unit has not yet
shall Complied. concerted action complied with the
scrupulously The industry with the other directions pertaining to
comply with complied with the industries is being usage of raw water and
all other issues pertaining taken by the 5th installation of CAAQM
Page
Page68
8 of 49
101
recommendat to the individual Respondent. As far stations in the villages.
ions made by industry but not as Fly ash is Coverage of ash
the Joint yet complied with concerned a dumped in the vacant
Committee in the directions Purchase Order place was almost
its reports pertaining to the dated 22.11.2021 completed.
dated all units such as was placed by the
1.12.2020 raw water, clay / Krishnapatnam
and soil cover over the Edible Oils
10.08.2021. ash dumped in the Refiners'
vacant area, Association for
CAAQM station in filling of sand. The
the nearby village. 5th - Respondent
has also addressed
the 4th
Respondent in this
regard vide letter
dated 23.11.2021.
The work related
to fly ash is almost
completed. A
Association
confirming by
the same is
enclosed
herewith. A
CAAQM station
will be installed
all (common to
industries) at a
place designated
by APPCB.
A letter
confirming the
same by the
Association is
Enclosed
herewith. The
Issue relating to
water has
already been dealt
with supra.
8th Respondent - M/s. South India Krishna Oil & Fats Pvt. Ltd., Sy.No.275, 279, 280 & 281, Epuru Bit - 1B, Pantapalem Village, Muthukur Mandal, SPSR Nellore District Sl.No Direction Compliance 8th respondent's Remarks on response response of the 8th Respondent/ Present status 2 The industry shall Not complied. The APPCB has It is not an stop procurement The industry is still failed to allegation on of water from the procuring the consider the the industry.
outside agencies water from the various It's true that
whichwas tapped outside agencies submissions of the industry is
in illegal manner. which was tapped the Unit. The consuming
They shall meet in illegal manner. Unit is permitted water which
water to draw 360 KLD was tapped
Page
Page69
9 of 49
101
requirement The APPCB vide lr. of saline water from the bore
through the dated. 18.11.2021 by the Ground wells in the
surface water requested the Water area. The
sources from Collector & District Department, industry may
government Magistrate, SPSR Government of not tap the
authorized Nellore district to Andhra Pradesh, water directly,
agencies only. direct the however, as but the ground
concerned officials stated in the water is being
/ Departments to Report, The Unit tapped by the
stop illegal drawl does not actually outside persons
of water from bore draw bore well from the
wells, who are water for use in agriculture bore
supplying water to its process plants wells illegally.
the edible oil as it is not Due to
industries in suitable for its extensive drawl
Muthukur Mandal, manufacturing of ground water
SPSR Nellore process. and also
district to prevent Recently, the increase the
ground water Unit has TDS levels in
depletion in the received letter the ground
area. granting water. The
permission from industry need to
The Collector & Nellore make its efforts
District Magistrate Municipal for laying of the
strictly directed to Corporation for pipeline to get
the Revenue and drawing the surface water.
Panchayath-raj required water The APPCB vide
departments to from the letter
take immediate Sundaraiah dt.18.11.2021
action. Colony ELSR. requested the
Since laying of Collector &
Subsequently, the the pipelines will District
industries take time, the Magistrate to
requested the Unit is in direct the
Nellore Municipal discussion with concerned dept
Corporation to other industrial to stop illegal
provide water. The units for drawl of water
edible oil industries arrangement of from the bore
association Vide the filling station wells to
lr.dated.07.12.2021 / infrastructure prevent ground
issued consent to at the Loading water depletion
the Corporation to point of Nellore . Then the
prepare DPR for Municipal Collector &
laying of pipeline Corporation and District
for supply of water. water shall be Magistrate
transported to issued strict
the end point instructions to
by the Unit's the line
transport/tanker departments.
arrangements. Then only the
Further, the Unit industries vide
is also working letter
with all other dt.07.12.2021
industrial units issued consent
to explore to the Nellore
various Municipal
alternatives as corporation to
well, as has been prepare DPR for
suggested in the laying pipelines
joint Committee for supply of
report. water. The
Page
Page70
10of
of101
49
It is pertinent to industries are
highlight herein submitting the
That the different
Government proposals for
authorised the past one
agencies need decade, such as
to ensure that drawl of water
the supply from Survepalli
water reservoir,
source meets installation of
the quality desalination
standards (IS plant, drawl of
10500:2012) and water from
is suitable for Nellore
the Unit's food Municipal
manufacturing Corporation.
process. Thus these
On 07 industries are
December 2021, continuing
Krishnapatnam production by
Edible Oil using illegally
Refineries tapped ground
Association has water.
Submitted letter
to the Municipal
Commissioner
regarding the
report (DPR) for
laying pipeline
from Nellore
Corporation to
Edible Oil
Cluster.
7 The industry shall It has been The industry is
provide online Not complied. Krishnapatnam also a part of
AAQ monitoring Edible Oil the
station to Refiners Krishnapatnam
continuously Association Edible oil
monitor PM10, (Association), of Refineries
SO2 & other which Association. The
critical pollutants Respondent No. APPCB is issuing
in the upward and member, in consent /
cross wind their letter directions to
directions at dated 18 the individual
surrounding January 2022 industries, the
villages, in that the Board issued
network with members of the these directions
other edible oil Association to the
industries. "have already individual units.
purchased this The Board
equipment and directed the
have decided to industry to
install at install online
Pantapalem by AAQ station in
28/2/2022. "A the upward and
copy of the cross wind
letter dated 18 directions in
January 2022 the surrounding
issued villages, in
by the network with
Krishnapatnam other edible oil
Page
Page71
11of
of101
49
Edible Oil units. But, the
Refiners association
Association has initiated action
been enclosed for installation
herewith. of only one
online AAQ
station. During
inspection on
08-09
December,
2021, the
industry
representative
not submitted
any progress
regarding
installation of
online AAQ
station in the
village. In view
of the above,
the objection
raised by the
unit need not
be considered.
9 The committee The Krishnapatnam All industrial Now, most of
observed fly ash Edible Oils Refiners units have the fly dump
dumped towards Association has jointly agreed to was covered
North side of M/s. issued purchase fill clay/sand on with the sand
Emami Agrotech order to cover the the Ash and almost 80 %
Limited. All the 7 area with sand/ dumped next of the work was
nos of edible oil Granular Sub Base to M/ s Emami completed.
industries (GSB) by Agrotech
directed to jointly 28.02.2022 vide Limited, for the
compact the fly P.O. dated. benefit of
ash and to cover 22.11.2021. society and as with minimum 10 part of their cm clay / soil corporate social cover to prevent responsibility ambient dust. The initiatives. The compliance of the work related to above shall be covering the said submitted to the area has already Board within 15 been assigned to days along with the specific photographic vendor and is in evidence process.
Photographs of the Sand Levelled in Ash Dumped area near M/ s.
Emami Agrotech Limited have been annexed herewith and marked as ANNEXURE-2.
Further, it has been clarified by the Page Page72 12of of101 49 Association in their letter dated 18 January 2022 issued to the NGT Committee that the Association has taken up this job collectively and almost 80 work also completed.
Recently, NGT committee had visited the site and expressed the i r sa t i sfa c t ion a l so.
Remaining work also will be completed by 28/2/2022.
13 The industry shall Partially Complied. The unit has not
scrupulously The industry yet complied
comply with all complied with the with the
The Unit is
other issues pertaining to directions
already
recommendations the individual pertaining to
compliant. The
made by the Joint industry but not usage of raw
specific points
Committee in its yet complied with water and
regarding
reports dated the directions installation of
raw water f ash
1.12.2020 and pertaining to the CAAQM stations
dumped in
10.08.2021. all units such as in the villages.
vacant area,
raw water, clay / Coverage of
CAAQM station
soil cover over the ash dumped in
are specifically
ash dumped in the the vacant
replied above.
vacant area, place was
CAAQM station in almost
the nearby village. completed.
11th Respondent - M/s. Adani Wilmar Ltd (Unit-II) (M/s. Louis Dreyfus India Pvt. Ltd., (formerly M/s. Louis Dreyfus Commodities India Pvt. Ltd.,) Sy.No.1601, Epuru Bit-1B, APIIC, Pantapalem (V), Muthukur (M), SPSR Nellore District.
Sl. Direction Compliance 11th respondent's Remarks on
No response response of
the 11th
Respondent/
Present status
2 The Not complied. The allegations are It is not an
industry shall s The industry is still vague and baseless. allegation on
top procuring the 2 it is an, admitted the industry.
procurement of water from the fact that the region It's true that
water from the outside agencies suffers from water the industry is
outside which was tapped scarcity and also that consuming
agencies which in illegal manner. available ground water which
was tapped in water resources arc was tapped
illegal The APPCB vide lr. not sufficient to meet from the bore
manner. They dated. 18.11.2021 the industrial water wells in the
Page
Page73
13of
of101
49
shall meet requested the requirements. area. The
water Collector & District • Even the 11th industry may
requirement Magistrate, SPSR Respondent his not tap the
from Nellore district to Acknowledge filed this water directly,
government direct the fact and prayed that but the ground
authorized concerned officials this Hon'ble NGT to water is being
sources only. / Departments to direct the APIIC and tapped by the
stop illegal drawl Department of outside persons
of water from bore Industries, Nellore to from the
wells, who are provide water supply agriculture
supplying water to to Respondent-units. bore wells
the edible oil • Because of the above illegally.
industries in difficulties, the units Due to
Muthukur Mandal, arranged to procure extensive drawl
SPSR Nellore water from water of ground water
district to prevent tankers, which. and also
ground water would supply water at increase the
depletion in the doorsteps of the TDS levels in
area. factory. The the ground
Respondent-units have water. The
The Collector & no mechanism to industry need
District Magistrate check and ensure the to make its
strictly directed to source. efforts for
the Revenue and • The 11th laying of the
Panchayath-raj Respondent is not pipeline to get
departments to involved in surface water.
take immediate procurement of The APPCB vide
action. water which was letter
tapped in an. Illegal dt.18.11.2021
Subsequently, the manner The requested the
industries Respondent submits Collector &
requested the that. they cannot be District
Nellore Municipal penalized on Magistrate to
Corporation to this count. direct the
provide water. The concerned dept
edible oil • The 11st to stop illegal
industries Respondent was drawl of water
association Vide permitted to withdraw from the bore
lr.dated.07.12.202 380 R.L of ground wells to
1 issued consent to water under- prevent ground
the Corporation to Letter No. 3205/1- water depletion
prepare DPR for 1,0112015 . Then the
laying of pipeline dated18.1,2.2015 Collector &
for supply of issued by the Ground District
water. Water Department. Magistrate
Government. of issued strict
Andhra Pradesh, but instructions to
due. To low water the line
level the Water departments.
quantity is not Then only the
sufficient to meet. industries vide
daily requirement of letter
industry. APPCB issued dt.07.12.2021
Lr. No. 3/APPCB/ issued consent
Legal/ 2015 -638 to the Nellore
dated 14.09.2015 to Municipal
the Department of corporation to
Industries and prepare DPR for
Commerce laying pipelines
surface water be for supply of
supplied on cost basis water.
Page
Page74
14of
of101
49
to 11st Respondent The industries
as the draw of are submitting
ground water the different
by the 7 edible oil proposals for
refineries the past one
(Respondents 5 to decade, such as
11st herein) was drawl of water
leading to depletion from Survepalli
of ground water reservoir,
levels and installation of
contamination of desalination
fresh ground water plant, drawl of
due to intrusion of water from
saline water. Nellore
Subsequently, the Municipal
Respondent was Corporation.
permitted. to Thus these
draw up to 550 KLD industries are
from Survepalli continuing
Reservoir production by
Under letter using illegally
CE1 TGP/TPT/DW tapped ground
EI/.0 EEI /AEE2/ water.
Industrial Water- M/s
Adani Wilmar Ltd
Unit- II (formerly
Louis Dreyfus
Company India
Pvt. Ltd.)/208/
dated 20.03.2019,
That due to
Inadequate
infrastructure
and uncertainty
/irregular availability
of water, the 11st
Respondent is unable
to utilize this
permission. However,
the industry
Association have
Also submitted.
Letter to Rural
Water Supply
Department for
submitting detailed
Project Report.
DPR) for Laying
infrastructure supply
reservoir which is
located 25-30 km
from industries.
7 The industry Not complied. This is common point The industry is
shall provide and Industry also a part of
online AAQ association is working the
monitoring it for proper closure. Krishnapatnam
station to As individual industry Edible oil
measure PM10 we have online stack Refineries
in the monitoring system for Association.
surrounding monitoring SPM. The
villages. allegation of non-
Page
Page75
15of
of101
49
compliance is cast for The APPCB is
the very first time in issuing consent
the Action Taken / directions to
the individual
Report.
industries, the
Board issued
these directions
to the
individual
units. The
Board directed
the industry to
install online
AAQ station in
the upward and
cross wind
directions in
the surrounding
villages, in
network with
other edible oil
units. But, the
association
initiated action
for installation
of only one
online AAQ
station. During
inspection on
08-09
December,
2021, the
industry
representative
not submitted
any progress
regarding
installation of
online AAQ
station in the
village. In view
of the above,
the objection
raised by the
unit need not
be considered.
9 The committee The Krishnapatnam Though there was no
observed fly Edible Oils Refiners specific allegation Now, most of
ash dumped Association has against the individual the fly dump
towards North issued purchase unit, all edible oil was covered
side of M/s order to cover the units have under with the sand
Emami area with sand/ taken to fill clay or and almost 80 %
Agrotech Granular Sub Base sand in the ash lying of the work was
Limited. All (GSB) by on North Eastern completed.
the 7 nos of 28.02.2022 vide direction, On private
edible oil P.O. dated. land for the benefit of
industries 22.11.2021. the society as part of directed to social responsibility.
jointly The said activity is
compact the almost completed.
fly ash and to
Page
Page76
16of
of101
49
Page 15
cover with
minimum 10
cm clay / soil
cover to
prevent
ambient dust.
10 The public Not Complied. The 11th Respondent The units
roads The access road and M/s. Emami improved the
surrounding connecting M/s. road and it is
Agrotech Limited have
the industries Emami and M/s. required to be
are in very Adani Wilmar Unit- undertaken the maintained in
poor condition II is not improved. activity of making future also.
due to The industry approach road on
movement of representative priority, provided the
heavy vehicles. informed that necessary approvals
M/s. Emami, there is a land
M/s. Gemini dispute and are obtained. This
and M/s. Adani temporary direction requires
Wilmar Unit improvements are concerted efforts, and
shall under progress. the Unit is pursuing
collectively all avenues to comply
construct new
concrete roads with the same. At
as part of CSR present there are
activity. difficulties in
acquiring the land as
it belongs to private
parties. We are
approaching RDO,
APIIC, District
Industries for getting
clearances but same
is pending. The
present status of
roads is that it is
repaired and is in
good condition. It is
requested that in
view of several
complications this
condition may please
be waived. Further,
WC arc willing to
construct new
concrete road
provided we get land
clearance from local
government
authorities.
14 The industry Partially Complied. The 11th Respondent The unit has
shall The industry is compliant and will not yet
scrupulously complied with the continue to comply, as complied with
comply with all issues pertaining to has been the directions
other the individual acknowledged by the pertaining to
recommendatio industry but not Action Taken Report. usage of raw
Page
Page77
17of
of101
49
ns made by the yet complied with the The directions issued to all water and
joint committee in directions pertaining the units requireconcerted installation of
its reports dt: to the all units such as action and the 11th CAAQM stations
01.12.2020 and raw water, clay / soil Respondentis in the process in the villages.
10.08.2021. cover over theash of complying to the Coverage of
dumped in thevacant directions along with the ash dumped inthe
area, CAAQM station other Respondent units as vacant
in the nearby village. they all are common points place was
to be almost completed.
done for all industries
together.
Hence, it is humbly submitted that the Hon‟ble National Green Tribunal to issuesuitable directions to the edible oil industries."
41. The matter was adjourned to 11.03.2022 for filing objections and consideration of the report and hearing.
42. When the matter was taken up for hearing on 18.04.2022, this Tribunal had considered the submissions made by the learned counsel appearing for the oil industries that in spite of direction issued by the Tribunal not to take coercive action on the basis of the show cause notice already issued, as this Tribunal had decided to consider all those aspects in the same proceedings, they had received further show cause notice from the State Pollution Control Board as to why the unit should not be closed on the ground that they were unauthorizedly drawing water from persons who were not having permission to sell and they directed the units to purchase the water from the government recognized source and this Tribunal rejected the contention of the units that since the water available from the bore well is not usable for their purpose, they were forced to adopt supplementary method by purchasing water from tanker lorries and they did not know from where the tankers lorries were drawing the water and this Tribunal had observed that it was for them to ascertain the source from where the tanker lorries were getting water and if the tanker lorries were unauthorizedly drawing the water without any permission, purchasing water from such person would amount to illegal drawal of water and the Pollution Control Board was justified in taking action. But however, this Tribunal directed the State Pollution Control Board not to take any coercive action, as these issues also to be considered by this Page 78 of 101 Tribunal in this proceedings on condition that units were directed to make necessary arrangements to purchase water from those persons who have been duly authorized by the Government or from the Government agencies, all other alternative arrangements which they are proposed to take in consultation with the Municipal Administration etc. are not germane for this Tribunal, as it is for them to take their own methodology for those purposes to get water in an authorized manner. It was also made clear in the order that those units who have been permitted under the authorization granted by the authorities to establish bore well and drawing water, then to the extent of permitted quantity, they were permitted to draw water from the same, but the quantity of water that was permitted to use as per the consent conditions should not exceed.
43. On that day, we heard the learned counsel appearing for the parties. The applicant was not appearing since long time. Though the applicant was not present and proceeding with the matter, once the Tribunal is satisfied that there arises a substantial question of environment and there are violations of environmental laws, then non-appearance of the applicant will not be a bar for the Tribunal to consider the matter on merit on the basis of the materials available on record and after considering the submissions made by the learned counsel for respondents. So, the Tribunal decided to proceed with the matter and dispose of the same on the merit, after considering the contentions raised in the pleadings and at the time of hearing.
44. The learned counsel appearing for the State Pollution Control Board argued that on the basis of the complaint received during 2015-16, inspections were conducted by the Rolling Task Force Team of the State Pollution Control and they found some irregularities and insufficiencies in maintaining the pollution control mechanism and also found discharge of untreated sewage into the ground without proper treatment and the pollution control mechanisms were not meeting the norms and on that basis, certain show cause notices had been issued and a review meeting was conducted and all the general issues as well as specific issues had been discussed and edible oil manufacturing industries were directed to submit their action plans to mitigate the complaints of pollution caused Page 79 of 101 on account of their operation. Some of them had submitted their action plan and some of them had not submitted and the action plans were not fully implemented by the edible oil manufacturing industries and on the basis of the directions issued by the Tribunal, the Joint Committee inspected the units and found some irregularities, insufficiencies and non-compliance of the conditions issued and further, not meeting the standards etc. and also assessed compensation against the units for violations. Subsequently, they filed objection to the same. On the basis of the objections filed, the Joint Committee was directed to consider those aspects again and they had filed the further reports which would go to show that there were still violations and non-compliances and there was no necessity to exonerate them from payment of environmental compensation. The compensation was assessed on the basis of the period of violation on different occasions committed by each unit and their objections were also considered and only thereafter, the same had been reiterated by giving reasons for the same. As regards the drawal of groundwater is concerned, they are getting water from unauthorized persons who are collecting water from the pipes which was intended for agricultural purpose. They have been directed to obtain water from authorized persons or from the Government agencies, but that has not been complied with by them. Since they are drawing the water unauthorizedly, the Board was perfectly justified in issuing show cause notice including closure directions. They learned counsel also submitted that they will abide by any directions issued by this Tribunal.
45. The learned counsel appearing for the 6th Respondent argued that the 6th Respondent unit was classified as NPA by the creditor bank and the same was closed during 2018 and they are not now operating. The unit was auctioned and M/s. Cargill India Private Limited had acquired the same. The possession of the unit was handed over to M/s. Cargill India Private Limited by M/s. Shree Saraiwwalaa Refineries Limited on 24.11.2021 and the sale certificate was issued only on 28.12.2021 only. The new management had not started the unit so far. When the Joint Committee inspected the edible oil industries at Krishnapatnam, the unit was not functioning and it is still continues to be inoperative. No environmental Page 80 of 101 compensation was levied, as it was closed. The new management is likely to start the operation only after getting all necessary clearances from the authorities under the environmental laws.
46. The learned counsel appearing for the 7th Respondent argued that they have not considered the objections filed by them earlier and they have only relied on certain observations made in the previous notices issued. But the subsequent reports will go to show that they are complying with the conditions and they have complied with the directions issued as well. As regard the purchase of water is concerned, they are purchasing the water from various vendors, as there was no water supply from the APIIC, Government of Andhra Pradesh as undertaken in G.O. (Ms.) No.111 dated 30.10.2010 by the Government of Andhra Pradesh. Since the Andhra Pradesh Government has not fulfilled their obligation and the Nellore Municipal Corporation had in-principle agreed to provide water and certain projects are under progress and once that is done, they will draw water only from them. The Nellore Municipal Corporation vide their letter dated 08.03.2022, directed the 7th Respondent to deposit Rs.30 Crores and they sent a reply requesting the copy of the DPR to verify the technical and commercial aspects of the project, but the same has not been obtained. Since it is a responsibility of APIIC to provide water to the industries, they are prepared to bear the proportionate cost for laying the pipeline by Nellore Municipal Corporation to ensure water supply. Since they have already complied with the conditions, they wanted to set aside the order imposing environmental compensation of Rs.66 Lakhs.
47. The learned counsel appearing for the 8th Respondent argued that the Joint Committee has not considered their objections properly and the latest report submitted by the Joint Committee will go to show that they have almost complied with the directions. The environmental compensation of Rs.1,15,86,000/- imposed by the Joint Committee against the 8th Respondent was excessive and not correct and the amount of Rs.10 Lakhs was wrongly encashed by the State Pollution Control Board from them. They have specifically objected to the wrongful and unilateral encashment of Bank Guarantee by A.P. Pollution Control Board to the extent of Rs.10 Lakhs in view of the objections raised by them to the show Page 81 of 101 cause notice issued. The findings were in consistent with the earlier orders and the objections filed them were not properly contraverted by them as well.
48. The learned counsel also submitted that they have given the details of objections in the written submissions filed by them which can be considered by this Tribunal. So, they prayed for setting aside the order of imposing environmental compensation and further coercive steps taken by the Pollution Control Board for the alleged violation and non- compliance. As regards the water is concerned, they also mentioned about the same arguments made by the other counsel and also the arrangements made with the Nellore Municipal Corporation in this regard.
49. The learned counsel appearing for the 5th Respondent argued that they have complied with most of the directions issued by the Joint Committee and they are complying with the stack emission and other ambient air quality. They are also strictly complying with the directions issued and conditions imposed in the Consent. They have magnified the minor non- compliance and the Joint Committee has not recommended any payment of environmental compensation by the 5th Respondent in any of the reports. In the action taken report dated 13.12.2021 also, the State Pollution Control Board mentioned that most of the directions were complied with by the 5th Respondent. The learned counsel also addressed that the pleadings and objections filed by them may be treated as part of their arguments. They also reiterated the steps taken by them regarding the drawal of water etc.
50. The learned counsel appearing for the 9th Respondent argued that the Joint Committee was not justified in imposing the environmental compensation of Rs.1,42,50,000/- for the alleged repeated violations. In fact, to the observation made by the Joint Committee in each report, they have filed a detailed reply and they filed second report dated 10.08.2021, on the basis of the inspections conducted on 29.07.2021 and 30.07.2021. On the basis of the Joint Committee report dated 10.08.2021, the 2 nd Respondent had issued show cause notice dated 23.09.2021, directing Page 82 of 101 them and other industries to pay environmental compensation within a week and the same was challenged by the 9th Respondent by filing interlocutory application [I.A. No.175 of 2021(SZ)] before this Tribunal and this Tribunal had directed them not to proceed further, as the same can be considered by the Tribunal. The Joint Committee also filed a further report and the 2nd Respondent also filed further report and from the subsequent reports, it will be seen that they are complying with the conditions. Out of the compensation of Rs.1,42,50,000/- assessed, they have deducted Rs.10 Lakhs which was deposited by them as Bank Guarantee for compliance. The reasons stated for water capacity etc. are not correct for assessing compensation. They also given the details of storage of fly ash, utilization of water and disposal of fly ash etc. They also mentioned that since the Government has not provided water, they will have to obtain water from private tankers and they did not know about the source from where they are getting it. They are having all necessary pollution control mechanism. The amount of compensation alleged and the period of violation mentioned are not correct. They have not conducted any soil test or other test to ascertain as to whether any damage has been caused to the environment.
51. The learned counsel appearing for the 10th Respondent argued in tune with the contentions raised by the other counsel appearing for the other units, as the contention raised is more or less similar. The learned counsel further argued that the amount of compensation assessed viz., Rs.75,50,000/- is excessive and the State Pollution Control Board was not justified in deducting a sum of Rs.10 Lakhs submitted by them as Bank Guarantee. The subsequent reports will go to show that they have complied with all the conditions and they are complying units. They have provided all necessary pollution control mechanism including ETP, Online Monitoring System and greenbelt. In the second report, they have enhanced the compensation to Rs.1,10,06,000/- which is excessive and without any basis.
52. The learned counsel appearing for the 11th Respondent argued in tune with the submissions made by other counsel appearing for the oil industries regarding the non-compliance and the nature of compliance Page 83 of 101 alleged. In fact, the subsequent report will go to show that they have complied with the conditions and the directions issued and they are now complying unit. The R - Factor taken for the compensation is not correct. As regards the common cause regarding the water supply is concerned, the learned counsel also relied on the submissions made by the other counsel and they are now awaiting the action to be taken by the Nellore Municipal Corporation for supply of water for their purpose. According to the learned counsel, the environmental compensation assessed is also excessive, without any basis and they may be exonerated from payment of compensation.
53. We have considered the pleadings, Joint Committee reports, objections filed by the parties to the reports and the action taken report submitted by the State Pollution Control Board and written submissions submitted by the edible oil refinery industries and also perused the documents available on record.
54. The points that arose for consideration are:-
(i) Whether on account of the operation of the oil industries viz., Respondents No.5 to 11, was there any pollution caused to the environment both air and water?
(ii) Whether Respondents No.5 to 11 were complying with the conditions imposed in the Consent and authorization granted by the State Pollution Control Board?
(iii) Whether they have provided all necessary pollution control mechanism to suppress the air and water pollution and whether the allegation of discharge of untreated effluent in open ground was correct or not?
(iv) If there were any violation committed of the conditions imposed or directions issued and there were non-
compliances, then what was the nature of action to be taken against the erring units?
(v) Whether the quantum of compensation assessed by the Joint Committee is proper and whether any interference is required in this regard on the basis of the objections and Page 84 of 101 submissions made by the respective learned counsel appearing for the oil industries?
(vi) Whether the action taken by the State Pollution Control Board in respect of drawal of water from unauthorized person is to be interfered with for the reasons stated by the learned counsel appearing for the oil industries?
(vii) What are all the further directions (if any) to be issued applying the „Precautionary Principle‟ to protect environment to be complied with by the oil industries?
(viii) Relief and costs.
POINTS:-
55. The grievance in this application is regarding pollution being caused on account of the operation of Edible Oil Manufacturing units viz., Respondents No.5 to 11 in Pantapalem Village, Nellore District.
56. According to the applicant, these units have not provided necessary pollution control mechanism to mitigate the possible air as well as water pollution that is likely to be caused on account of their operation. Further, they were discharging the untreated effluents into the agricultural lands and they were not meeting the standard. Air pollution caused in that area has affected the health of the people. They are discharging the untreated effluents into the Budda Kalva Drain thereby causing water pollution. Apart from that, tanker lorries which were carrying effluents from the industries were also discharging the same in Pantapalem Irrigation Channel. On account of the same, agricultural lands were affected reducing its fertility thereby affecting the income of the agriculturists in that area. Though several complaints had been made to the authorities, no action was taken by the authorities which resulted in filing this application.
57. The official respondents filed their counter affidavit stating that whenever complaints received, they had taking action and several directions had been issued in this regard. As regards the edible oil industries are concerned, some of them are not complying unit and Page 85 of 101 whenever deficiencies were found, directions had been issued and the Rolling Task Force Team had inspected the units and certain review meetings were conducted and on the basis of the meetings, certain action plans were directed to be submitted by the units. Implementation of the action plan is being monitored by them. Even during the pendency of the proceedings, on the basis of the inspection and deficiency found, certain actions have been taken.
58. The State Pollution Control Board also reiterated the same stand of taking action from their side in respect of non-implementation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and also conditions of the Consent issued.
59. The State Pollution Control Board has taken a contention that the water intended for agricultural purpose is being tapped by the units from unauthorized water suppliers and they are not purchasing water from the water suppliers authorized by the Government or by the authorities and as such, the water is being unauthorizedly drawn against the conditions imposed, for which, action has been taken which is being considered by this Tribunal on the basis of the submissions made and orders passed by this Tribunal.
60. The 1st Respondent filed a counter affidavit stating that they have provided certain norms to be achieved by the oil industries while discharging their effluents under the Environment (Protection) Act and Rules and if there is any violation, it is for the State Pollution Control Board to take action.
61. The edible oil manufacturing companies have filed their independent reply statement denying the allegations and reiterated that they are complying units and as and when directions were issued by the State Pollution Control Board to improve the conditions, they were strictly following the same. Further, they have prepared action plan as directed in the review meetings and they are taking steps to comply with the same and that is being monitored by the State Pollution Control Board. They Page 86 of 101 also challenged the quantum of compensation and grounds on which the environmental compensation was assessed, denying the grounds and non-considering their objections to the report submitted by the Joint Committee.
62. It is seen from the reply affidavit of the 2nd Respondent that when complaints were received regarding pollution that is being caused on account of the operation of Respondents No.5 to 11 units, the rolling task force team of officials constituted by the State Pollution Control Board inspected these units and submitted a detailed report, wherein various issues namely, non-compliance of water and air pollution control aspects, depletion of ground water level, instance of illegal discharge of untreated effluents into the nearby water bodies and inadequate air pollution control system by Edible Oil Industries were noticed and requested the State Pollution Control Board to take appropriate action in this regard and on that basis, a review meeting with the representative of the edible oil manufacturing units was conducted on 06.07.2015 and reviewed the pollution control status and made the Edible Oil Industries to prepare comprehensive action plan to overcome the severe pollution and environmental issues noticed by the inspection team and the minutes of the meeting held on 06.07.2015 was produced by the 2nd Respondent as Annexure R2 (1).
63. It was also mentioned in the reply that when the officials of the State Pollution Control Board conducted stack and ambient air quality monitoring of edible oil refinery units observed that the RPM and RSPM value exceeded the prescribed norms. It was also seen from the reply statement that all the managements of the edible oil refinery units have submitted action plan for construction of Common ETP, permission from the concerned department for drawal/allotment of water by the State Government, upgradation/rectification of the existing air pollution control system to meet the Board's standard. Subsequent inspection conducted by the Board officials also revealed that the SPM level of stack emission were not meeting the standard stipulated by the Board and the Oil Refinery units have not taken steps for effective implementation of Page 87 of 101 the pollution control resource as committed in the action submitted to the Board by the Edible Oil Refinery units.
64. As regards the drawal of water from unauthorized external agencies, they have addressed the RDO to take necessary action by letter dated 08.07.2015 evidenced by Annexure - R2 (2). As per the meeting held on 03.02.2016, industries have been directed to strictly adhere to revised time lines and complete the implementation of the action plan within nine months, evidenced by Annexure - R2 (3). The fact that certain deficiencies were found by the Rolling Task Force constituted by the State Pollution Control Board in respect of pollution control mechanism and other aspects, a review meeting was held on 06.07.2015 and they have been directed to submit action plans to rectify the deficiencies noted by the Rolling Task Force and also review meeting held on 03.02.2016 and the directions issued thereon were not denied by the Oil Refinery units. It was also seen from the minutes of the meeting held on 06.07.2015 where the Joint Chief Environmental Engineer UH3 had made representation on findings of the inspection team on the question of drawal of huge quantity of groundwater, showing the water consumption and the waste water generated on lower side, illegal disposal of effluents by deploying tankers, injunction into bore well and discharging into irrigation channel, inadequacy and non-operation of pollution control system and improper management of solid waste generated within the units and they came to the conclusion that there was enough evidence to proceed against all the Edible Oil Refineries and instructed them to discontinue illegal disposal methods adopted by the industries for disposal of the effluents and prepare time bound action plan on water/waste water/solid waste and air pollution mechanisms. They were directed to stop the disposal of effluents through bore well and dumping of effluents along the road by deploying tankers immediately. It was also undertaken by the representative of the Oil Refinery units that till the construction of Common Treatment and Marine Disposal Facility, they would send lean effluents like RO rejects, boiler blowdown, clean cooling tower blow down etc. to Krishnapatnam port to utilize these types of effluents for dust supersession system as Page 88 of 101 agreed by the port authorities. They also produced letter dated 08.07.2015 addressed to the RDO, Nellore to take action against the industries under the AP WALTA Act, 2002 for drawing the water in huge quantity from outside agencies which were not having necessary permission under the said Act. The minutes of the review meeting held on 03.02.2016 also showed that the edible oil industries were in the process of installation of Online Stack Monitoring System and that will be completed within a month's time. So, till then they were not having that system, though the CPCB had directed the probable polluting industries to install Online Monitoring System and to be connected to the State Pollution Control Boards. They have also undertaken the process of upgradation of air pollution control system and complete the same within three months and certain assurance were also given in respect of management of fly ash generated. So, the contention of the edible oil industries that they are all complying units from the beginning and there was no violation committed by them and they are all complying units and there was no possibility of pollution being caused on account of their activities cannot be accepted.
65. It is only after the intervention of the Pollution Control Board during 2015 that certain steps have been taken by the edible Oil Industries to mitigate the situation of pollution being caused on account of their activities. So, it cannot be said that they are not polluting industries and they are fully complying units etc. as alleged by them. This Tribunal by order dated 16.03.2020, after considering the pleadings and submissions made by the learned counsels appearing for the parties, appointed a Joint Committee to go into the question and submit a report. The Joint Committee in its report dated 01.12.2020 inspected the units and evaluated the implementation of the action plan undertaken by them and found certain non-compliance still in existence and on the basis of the observations made, they have assessed the environmental compensation for non- compliance taking into account the period of non-compliance as follows:-
Sl. Unit Respondent Amount Remarks (if any) No.
1. M/s. Gemini 7th Rs.66 Lakhs -
Edibles & Fats Respondent Page 89 of 101 India Private Limited 2. M/s. Emami 9th Rs.1,32,50,000/- - Biotech Limited Respondent 3. M/s. Adani 5th Rs.73,80,000/- The State Wilmar Limited - Respondent Pollution Control Unit II [Previously Board had earlier M/s. Louis forfeited the Bank Dreyfus Guarantee Commodities India furnished for Pvt. Ltd.] compliance of certain directions issued earlier assessed Rs.81,30,000/- and after deducting Rs.7,50,000/- forfeited the Bank Guarantee amount assessed the compensation payable Rs.73,80,000/- 4. M/s. South India 8th Rs.81,30,000/- Assessed Krishna Oil & Fats Respondent Rs.81,30,000/- (P) Limited and deducted Rs.10 Lakhs forfeited the Bank Guarantee earlier furnished assessed the balance amount of Rs.71,30,000/- 5. M/s. Saraiwwalaa 6th - They have not AGRI Refineries Respondent assessed any Limited separate compensation as it was a Small Scale Edible Oil Refinery unit operating with only physical refinery section with 225 TPD capacity and also taking into consideration that the State Pollution Control Board had forfeited the Page 90 of 101 Bank Guarantee of Rs.5 Lakhs on 28.09.2020 for non-compliance of certain directions on the earlier occasion. 6. M/s. 3 F 10th Rs.85,50,000/- They assessed the Industrials Limited Respondent compensation of Rs.85,50,000/- and deducted RS.10 Lakhs which was forfeited by the Pollution Control Board being the Bank Guarantee amount assess balance amount of Rs.75,50,000/-
66. The Joint Committee also gave certain conclusions and recommendations.
Nothing was mentioned about the 11th Respondent in the report. Subsequently, on the basis of the directions given by this Tribunal and also on the basis of the objections, the Joint Committee reconsidered these aspects again and submitted a further report dated 10.08.2021, wherein they have assessed the compensation as follows:-
Environmental Sl. Compensation to Name of the Unit Respondent No. be paid by the unit to APPCB in INR
1. M/s. Gemini Edibles & 7th 66,00,000/-
Fats India Private Limited Respondent
2. M/s. Emami Biotech 9th 1,32,50,000/-
Limited Respondent
3. M/s. Adani Wilmar 5th 73,80,000/-
Limited - Unit II Respondent
4. M/s. South India Krishna 8th 1,05,86,000/-
Oil & Fats (P) Limited Respondent
5. M/s. 3 F Industries 10th 1,10,06,000/-
Limited Respondent
67. They also found certain non-compliance again in respect of disposal of fly ash etc. Page 91 of 101
68. Further, the Joint Committee also filed further report dated Nil, e-filed on 23.11.2021 after considering the objections filed by each unit which was extracted in Para (3) of the order dated 24.11.2021 and assessed environmental compensation as follows:-
Sl. EC to be paid in
Name of the Unit
No. INR
1. M/s. Gemini Edibles & Fats India 66,00,000/-
Private Limited
2. M/s. Emami Biotech Limited 1,32,50,000/-
3. M/s. Adani Wilmar Limited - 73,80,000/-
Unit II
4. M/s. South India Krishna Oil & 1,05,86,000/-
Fats (P) Limited
5. M/s. 3 F Industries Limited 1,10,06,000/-
(Formerly Foods Fats &
Fertilizers Ltd.)
69. Earlier, the State Pollution Control Board had taken certain action and on the basis of the applications filed by Respondents No.8 to 11, this Tribunal had directed the Pollution Control Board not to proceed against the units on the basis of the show cause notice issued by orders in I.A. Nos.155, 156, 174 and 175 of 2021(SZ) dated 24.11.2021 and directed the Committee as well as the State Pollution Control Board to consider the objections filed by the units on the question of quantum of compensation and directed them to file their further reports. Further, on the basis of the subsequent reports, the State Pollution Control Board had taken action against some of the units including the 11th Respondent by proceedings dated 23.09.2021 and aggrieved by the same, 11th Respondent filed appeal before this Tribunal as Appeal Nos.77 & 78 of 2021 (SZ) and this Tribunal had disposed of those appeals with observation that those aspects will be considered by the Tribunal in this application itself and directed the Committee as well as the State Pollution Control Board to consider their objections and file further report.
70. On the basis of the same, the State Pollution Control Board had filed a further report dated 19.02.2022 which was considered as per order dated 23.02.2022, wherein they had given the various status of compliance and non-compliance of each edible oil industry and they gave over all view on Page 92 of 101 the basis of the objections regarding the non-compliance of greenbelt and other directions issued.
71. The Edible Oil Industries have reiterated their objections raised by them earlier. It will be seen from the various reports of the Joint Committee and the State Pollution Control Board that there were instances of violations i.e. not providing certain pollution control mechanism which resulted in pollution and also in respect of not providing mitigating circumstances and only on account of series of directions issued from 2015 onwards, certain improvements have been made by the units.
72. So, under such circumstances, it cannot be said that they are complying units from the beginning and the directions are being complied with and we do not find any reason to disbelieve the observations made by the Joint Committee as well as the State Pollution Control Board regarding the non-compliances and we are rejecting the objections raised by the edible oil industries against whom compensation has been assessed for violation of conditions and the quantum of compensation arrived at on the basis of the non-compliance, period of non-compliance, nature of non-
compliance, etc. on the basis of the formula evolved by the CPCB in this regard which the CPCB evolved on the basis of the directions given by the Principal Bench of National Green Tribunal, New Delhi in some matters related to pollution caused by polluting industries.
73. Even, it is seen from the report submitted by the State Pollution Control Board that these industries are general polluting industries. So, we do not find any reason to interfere with the quantum of compensation imposed by the Joint Committee as well as the State Pollution Control Board, based on the findings of the Joint Committee and after considering the objections raised by the edible oil industries.
74. As regards the drawl of water is concerned, it was found to be non- compliance, as edible oil refinery units have not provided proper flow meters. Once, the flow meter is not provided, it is not possible to assess the quantity of water consumed and the actual quantity of waste water generated to ascertain whether this is in compliance with the permissible Page 93 of 101 quantity provided under the Consent granted by the State Pollution Control Board. So, the State Pollution Control Board was perfectly justified in coming to the conclusion that it was also one of the violation committed by the edible oil industries which was taken note of for the purpose of assessing environmental compensation.
75. Deficiency in the pollution control mechanisms were assessed/evaluated by the Joint Committee on the date of their inspection. Any improvement made thereafter by providing certain mechanism which reflected in the subsequent reports could not be a ground for absolving the edible oil industries from payment of compensation for non-compliance of the mechanism to be provided. So under such circumstances, we do not find any reason to interfere with the environmental compensation imposed against the oil industries which were referred to above.
76. Further, it is seen from the report submitted by the Joint Committee as well as the State Pollution Control Board that oil industries are not drawing the water from the agencies authorized by the Government or the concerned authorities permitted to supply the water for these purpose. It is seen from the Joint Committee report that they are getting water from some private water tankers who are not authorized to supply water. Water being a valuable natural resource and over exploitation of the same is likely to affect the depletion of groundwater level and availability of water for general purpose namely, domestic as well as agricultural purpose that has to be viewed very seriously.
77. The edible oil industries have no case that the tankers from whom they are purchasing the water are authorized agencies or not for this purpose and they do not know the source from where drawing the water for supplying to them as well. They only claimed that they are bonafide purchaser of the water. It may be mentioned here that whenever they are applying for Consent/Other permission they are expected to disclose the quantity of water required for the consumption both industrial as well as domestic and the source from where they are going to obtain the same. It is seen form the counter affidavit filed by the oil industries that these industries were established under the industrial policy of the Page 94 of 101 Government and there was an undertaking that supply of water will be taken care of by the Government by tapping the same from the Sarvepalli Reservoir, but the same has not been implemented. That will not permit the edible oil industries to draw the water from other sources who are not authorized to supply water for industrial purpose. They are expected to ascertain the source from where the water is being taken and also to ascertain as to whether they are having necessary authorization for supplying water.
78. It is also seen from the objections raised in the written submissions as well as objections filed by them to the Joint Committee report on this aspect that there was certain understanding arrived at between the Municipal Administration and the edible oil industries for supply of water and certain amounts were directed to be deposited by the edible oil refinery units and they were having negotiation with the Municipal Administration on this aspect. This Tribunal by order dated 18.04.2022 directed the edible oil industries to purchase the water from authorized dealers and draw water from the bore well established by certain units, if they obtained necessary permission from the authorities for this purpose and not to take water from unauthorized person.
79. It was also mentioned that the overall quantity of water should not exceed the quantity permitted as per the Consent conditions. So, it is for them to take appropriate steps to get water from the authorized source or identify the authorized person/dealers who are permitted to draw water from authorized source and supply the same for industrial purpose and if it is not properly done, then they are liable to be proceed against for unauthorized drawal of water from the unauthorized source for industrial purpose.
80. So under such circumstances, the Joint Committee as well as the State Pollution Control Board were perfectly justified in coming to the conclusion that there was nothing to show that they are drawing water from the authorized agencies. Based on this non-compliance, the State Pollution Control Board had issued certain closure orders which was suspended by the Tribunal during the pendency of the proceedings.
Page 95 of 101However, burden is on the edible oil industries to explain the same before the authorities who intended to take action against the edible oil industries.
81. Considering the circumstances, we feel that an opportunity can be given to the edible oil refinery units to prove their bonafides of purchasing water from authorized dealers and direct the State Pollution Control Board to consider those aspect and pass appropriate orders and that will meet the ends of justice.
82. So under such circumstances, we feel that the application can be disposed of by giving the following directions:-
a. The contention of the Edible Oil Refinery Units viz., Respondents No.5 to 11 that they are fully complying units from the inception and they have not committed any violation and they are not liable to pay any compensation is rejected.
b. The quantum of compensation imposed by the Joint Committee as well as the Andhra Pradesh Pollution Control Board after considering the objections raised by the oil industries and after deducting the amount of Performance Guarantee furnished which was forfeited are hereby confirmed.
c. The Respondents No.5 to 11 are directed to comply with the directions issued by the State Pollution Control Board regarding the non-compliances noted and if the same are not complied with, then the State Pollution Control Board is directed to take appropriate action against the erring units under the provisions of the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and other environmental laws, in accordance with law, which includes imposition of further environmental compensation for future non-compliance, if any. d. Respondents No.5 to 11 are directed to strictly comply with the conditions of Consent and other environmental laws and take all necessary steps to mitigate the possible pollution that is likely to be caused on account of their operation.Page 96 of 101
e. The Edible Oil Refinery Units viz., Respondents No.5 to 11 are at liberty to approach the Government or the Municipal Administration for supply of water from the authorized source and the authorities are directed to take appropriate steps to redress their grievance, if permissible in accordance with law. f. The Edible Oil Refinery Units viz., Respondents No.5 to 11 are directed to obtain water from the dealers authorized by the Government or other authorities under the respective statutes for this purpose and the oil industries who have been permitted to drill a bore well are permitted to use the water from the bore well to the extent permitted strictly in accordance with the condition stipulated in such permission and they should confine to the consumption of water to the quantity permitted as per the Consent and other permissions granted to them in this regard.
g. The State Pollution Control Board is directed to give an opportunity to the edible oil industries in respect of source from where they are getting water and after conducting hearing and considering the objections on that aspect, the State Pollution Control Board is directed to take fresh action against the oil industries, if they are not satisfied with the explanation given by them in this regard in accordance with law.
h. The State Pollution Control Board is directed to conduct periodical inspection of the industries and if there are any deficiencies found or violation of conditions of the Consent noted or non-compliance of directions issued, then they are directed to take appropriate action against the erring edible oil industries including imposition of further compensation, apart from taking other actions as provided under the respective statutes, after giving opportunity to the edible oil manufacturing industries strictly in accordance with law. i. The State Pollution Control Board is at liberty to issue further directions (if any) required for the purpose of preventing the pollution that is likely to be caused on account of the operation of the edible oil industries and if such directions are issued, then the edible oil industries are directed to comply with the same applying the „Precautionary Principle‟, as protection of environment is a Page 97 of 101 priority while considering the question of sustainable development as well.
j. Though there was an allegation in the application that on account of the activities of the edible oil industries, soil quality has been affected and that resulted in loss of agricultural income, there was no evidence available to establish this fact so as to direct the edible oil industries to pay further compensation on that aspect and that relief is rejected.
83. The points are answered accordingly.
84. In the result, this Original Application is disposed of with the following directions:-
(i) The contention of the Edible Oil Refinery Units viz., Respondents No.5 to 11 that they are fully complying units from the inception and they have not committed any violation and they are not liable to pay any compensation is rejected.
(ii) The quantum of compensation imposed by the Joint Committee as well as the Andhra Pradesh Pollution Control Board after considering the objections raised by the oil industries and after deducting the amount of Performance Guarantee furnished which was forfeited are hereby confirmed.
(iii) The Respondents No.5 to 11 are directed to comply with the directions issued by the State Pollution Control Board regarding the non-compliances noted and if the same are not complied with, then the State Pollution Control Board is directed to take appropriate action against the erring units under the provisions of the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and other environmental laws, in accordance with law, which includes imposition of further Page 98 of 101 environmental compensation for future non-compliance, if any.
(iv) Respondents No.5 to 11 are directed to strictly comply with the conditions of Consent and other environmental laws and take all necessary steps to mitigate the possible pollution that is likely to be caused on account of their operation.
(v) The Edible Oil Refinery Units viz., Respondents No.5 to 11 are at liberty to approach the Government or the Municipal Administration for supply of water from the authorized source and the authorities are directed to take appropriate steps to redress their grievance, if permissible in accordance with law.
(vi) The Edible Oil Refinery Units viz., Respondents No.5 to 11 are directed to obtain water from the dealers authorized by the Government or other authorities under the respective statutes for this purpose and the oil industries who have been permitted to drill a bore well are permitted to use the water from the bore well to the extent permitted strictly in accordance with the condition stipulated in such permission and they should confine to the consumption of water to the quantity permitted as per the Consent and other permissions granted to them in this regard.
(vii) The State Pollution Control Board is directed to give an opportunity to the edible oil industries in respect of source from where they are getting water and after conducting hearing and considering the objections on that aspect, the State Pollution Control Board is directed to take fresh action against the oil industries, if they are not satisfied with the explanation given by them in this regard in accordance with law.Page 99 of 101
(viii) The State Pollution Control Board is directed to conduct periodical inspection of the industries and if there are any deficiencies found or violation of conditions of the Consent noted or non-compliance of directions issued, then they are directed to take appropriate action against the erring edible oil industries including imposition of further compensation, apart from taking other actions as provided under the respective statutes, after giving opportunity to the edible oil manufacturing industries strictly in accordance with law.
(ix) The State Pollution Control Board is at liberty to issue further directions (if any) required for the purpose of preventing the pollution that is likely to be caused on account of the operation of the edible oil industries and if such directions are issued, then the edible oil industries are directed to comply with the same applying the „Precautionary Principle‟, as protection of environment is a priority while considering the question of sustainable development as well.
(x) Though there was an allegation in the application that on account of the activities of the edible oil industries, soil quality has been affected and that resulted in loss of agricultural income, there was no evidence available to establish this fact so as to direct the edible oil industries to pay further compensation on that aspect and that relief is rejected.
(xi) Since the applicant has not appeared for long time, parties are directed to bear their respective cost in the application.
(xii) The Registry is directed to communicate this order to the District Collector - Nellore District or the concerned district where the industries are situated at present, State Pollution Control Board, Secretary for Municipal Administration, Page 100 of 101 Secretary for Environment and Forests, State of Andhra Pradesh for their information and compliance of directions.
85. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.221/2015 (SZ), 13th July 2022. Mn.
Page 101 of 101