National Green Tribunal
Radhe Shyam Sehara vs M/S Rungta Industries Private Limited on 28 May, 2024
Item No.8 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.356/2024
Radhey Shyam Sehara ...Applicant
Versus
M/s Rungta Industries Private Limited ...Respondent
Date of hearing: 28.05.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None
Respondent: Mr. Arvind Kumar, Advocate for respondent 4
UPPCB (through VC)
Ms. Samridhi S. Jain and Mr. Chaitanya Dixit,
Advocates for project proponent
ORDER
1. None for the applicant. Ms. Samridhi S. Jain with Mr. Chaitanya Dixit, Advocates for M/s. Rungta Agencies (M/s. Rungta Agencies Pvt.
Ltd.) (hereinafter referred to as 'project proponent') and Shri Arvind Kumar, Advocate for respondent 4 i.e., Uttar Pradesh Pollution Control Board (hereinafter referred to as 'UPPCB') are present.
2. This Original Application was registered on a letter petition dated 23.03.2023 sent by Prayavaran Kranti Sena, Head Office-2/11, Jakir Nagar, Batla House, Okhla, New Delhi through its National President-
Radhe Shyam Sehra. It is said that industrial effluent is being discharged by several industries including M/s. Rungta Agencies, causing damage to environment as also creating health hazards to the people residing in the 1 vicinity of the said industry. Industrial effluent is also contaminating surface water of the river as a result whereof, aquatic animals are dying.
3. Tribunal took cognizance of the complaint on 01.08.2023 and found it appropriate to obtain a factual Report by constituting a Joint Committee comprising UPPCB and District Magistrate, Gorakhpur.
4. Pursuant to order dated 01.08.2023, Joint Committee through Chief Environment Officer, Circle-6, UPPCB submitted Report dated 10.10.2023, giving details of observations and recommendations in respect of all the industries mentioned in the complaint i.e., M/s. Gallant Sariya Udyog (M/s. Gallant Ispat Ltd.), M/s. Ambey Kapada Udyog, M/s. Rungta Agencies, M/s. India Glycols Ltd. and M/s. Bathwal Lauri Udyog.
Observations and recommendations made by Joint Committee are reproduced as under:
"1. M/s Gallant Sariya Udyog (M/s Gallant Ispat Ltd.,) Plot No. A.L-5, Sector - 23, GIDA, Gorakhpur In Compliance of the above said order above mention unit was jointly visited on 26.09.2023 in presence of the unit representative Sri Bhaskar Tiwari, G.M. H.R. The unit was found in operation/production during the inspection. The details of the observations of site inspection and available records are as under:-
(i) The unit has established in the year of 2009. The unit is an integrated Iron and Steel Industry under the category of large sector and engaged in production of Sponge Iron-
544500MT/yr, M.S Steel Billets-528000MT/yr. Mild Steel Bars- 528000MT/yr and 78 MW Power Generation through Captive Power Plant by using iron ore and pellets, Coal, Dolomite Chips, Sponge Iron, M.S. scrape, Ferro Alloys as raw materials.
(ii) Plant and Machinery including pollution control devises installed in unit and uses of water in premises is as per Table No. 1 Table No. 1 Sr. Plant & Capacity Fuel APCS Stack Water Waste No. Machinery Installed Height uses water generation 2
1. Kiln no. 350 MT/ Coal Two set 40 Mtr. Boiler Boiler blow 1&2 with Batch of commo Feed, down and waste heat Each Cyclone n stack Cooling latchet of recovery Dust & ash ash boiler of 38 Collector quenchin quenching TPH each & ESP g
2. Kiln no.3 600 MT/ Coal Two set 60 Mtr. Boiler Boiler blow Batch of Feed, down and Cyclone Cooling latchet of Dust & ash ash Collector quenchin quenching & ESP g
3. Induction 30 MT/ Electricity Hood 33 Mtr. Cooling Recycle Furnace 02 Batch and of no. Each ducting Induction with Furnaces bags filters
4. Induction 27.5 Electricity Hood 33 Mtr. Cooling Recycle Furnace 02 MT/ and of no. Batch ducting Induction Each with Furnaces bags filters
5. Induction 22.5 Electricity Hood 33 Mtr. Cooling Recycle Furnace 02 MT/ and of no. Batch ducting Induction Each with Furnaces bags filters
6. Continuous 30 MT/ Nil Hood 33 Mtr. Cooling Recycle in Billet Batch and bag in Rolling Cooling Costing house Mill Process Machine/ filters Section
7. Power 40 TPH Coal ESP 60 Mtr. Boiler Boiler blow Plant Feed down, drag Boiler no. Cooling & out of 1 ash cooling quenching towers and latchet of ash quenching
8. Power 110 TPH Coal ESP 90 Mtr. Boiler Boiler blow Plant Feed down, drag Boiler No. Cooling & out of 2 ash cooling quenching towers and latchet of ash quenching
9. D.G. Set 2000 Diesel Silencer No Cooling Recycle KVA proper stack
10. D.G. Set 1350 Diesel Silencer No Recycle KVA proper Cooling stack
11. D.G. Set 1250 Diesel Silencer No Cooling Recycle KVA proper stack
12. D.G. Set 650 KVA Diesel Silencer No Cooling Recycle proper stack
13. Raw 60 MT Nil/proces Hood 33 Mtr. Nil Nil materials s ducting handling Emissions & bags and began filters 3 unloading system
14. Process Mechani Electric Covered 33 Mtr. Nil Nil emission cal Motor conveyin from convince operated g system overhead system & induce conveyers ducting used for and bag material house handling/ filters conveyanc e system at
(iii) As per the above table No.1 waste water generated from the process is boiler blow down, cooling towers blow down, latchet, waste water received from the ash quenching and steam Condensate art collected in open pucka pond through open drains situated in industrial premises, which is naturally settled in pond and above overflow of the pond is filtered by sand filter and corban filter and recycled in cooling process, dust separation on roads and ash quenching within the premises. During the inspection no any waste water was found discharged outside the premises.
(iv) Unit has employed 1700 permanent and 300 casual employee and 600 employees are residing in unit residential colony. Approximately 300 KL per day waste water/sewage generated from the premises. For treatment of the above sewage generated, 300 KLD capacity of STP has installed and found operational during inspection. Treated sewage waste water sample has been also collected from final outlet of the STP and submitted/sent to Central Laboratory. U.P. Pollution Control Board, Lucknow for analysis. As per the analysis report received from Central Laboratory, the parameters of the outlet of S.T.P. waste water sample is as per table no. 2.
Table no. 2
Sampling Unit Outlet of Prescribe
location/Parameter STP Standards
pH - 7.79 6.5 to 8.5
T.S.S. mg/l 68.0 100
T.D.S. mg/l 1072 2100
T.S. mg/l 1140 -
BOD mg/l 24.0 30
COD mg/l 172 250
T.C. MPN 3500 -
F.C. MPN/100ml 790 1000
OBSERVATIONS
As per the Table No. 2 the Concentration of parameters in the outlet of STP is as per norms of the standards stipulated by CPCB/UPPCB.
4 At the time of inspection STP treated waste water is being reused in irrigation of green belt of the unit premises.
The unit is consented by UPPCB under Water acts by UPPCB vide letter no. 171228/UPPCB/Gorakhpur (UPPCBRO)/CTO/BOTH/GORAKHPUR/2022 dated 13.12.2022 valid up to 31.12.2023 copy of the consent order is enclosed as annexure no. 1.
As per the consent water condition the unit is allowed to operate for maintained ZLD status.
The unit has installed three no. of bore wells for abstraction of ground water and digital flow meters installed at each bore wells and maintained proper log book for recording daily water consumption.
2. M/s Ambey Kapada Udyog (M/s Ambey Processer), FL-2 & F.L.- 3, Sector-13, GIDA, Gorakhpur.
In Compliance of the above said order above mention unit has jointly visited on 10.08.2023 in presence of the unit representative Sri Santosh Parikh, owner of unit. The unit was found in operation/production during the inspection. The details of the observations of site inspection and available records are as under:-
(i) The unit was established in the year of 1995 an engaged in processing/bleaching and dying of polyester and viscous fabrics-16 MT/Day from each campus using grey fabrics, dyes, bleaching and dying chemicals as a raw materials.
(ii) The unit has two campus, one is Ambey Processers and Second is Bathwat Udyog which is purchased and merged in Ambey Processers units. The details of the Plant and Machinery installed in campus 1 and campus 2 is as per Table No-3.
Table no-3 Sr. Plant & Capacity Fuel APCS Stack Water Waste water No Machinery Install Height use generation ed 1 (i) Boiler no. 6 TPH Risk Two Set 30 Mtr. Boiler Boiler blow 1& Husk of Common Fed down and Cyclone Stack & latchet of ash
(ii) Thurmic 15.0 Rise Dust ash quenching Fluid Heater Lakh Husk quen Kilo ching Calorie 2 (i) Boiler no. 3 TPH Risk Two Set 30 Mtr. Boiler Boiler blow 2& Husk of Common Fed down and Rise Cyclone Stack & latchet of ash Husk Dust ash quenching 5
(ii) Thurmic 15.0 quen Fluid Heater Lakh ching Kilo Calorie
(iii) The unit has obtained consent to operate under Water acts by UPPCB vide letter no 146686/UPPCB/Gorakhpur (UPPCBRO)/CTO/Water/GORAKHPUR/2021 dated 25-4- 2022 and Air acts by UPPCB vide letter no. 146690/UPPCB/ Gorakhpur (UPPCBRO)/CTO/Air/GORAKHPUR/2021 dated 25-4-2022 valid up to 31-12-2026 copy of the consent order is enclosed as annexure no. 2
(iv) The unit has obtained Authorization under Hazardous and other waste (Management and Transboundary movement) rules 2016 by UPPCB vide letter no. 6093 /UPPCB/ Gorakhpur (UPPCBRO/HWM/GORAKHPUR/201 dated 15- 2-2019 valid up to 20-2-2024 copy of authorization is enclosed as annexure no 3.
(v) The unit has obtained NOC for abstraction of ground water from Ground Water Department vide NOC no. NOC 054315 dated 08.5.2023 which is valid upto 30.7.2026 copy of the NOC is enclosed as annexure no. 4.
OBSERVATIONS
(i) Unit has installed jet and jigger types dying machines for bleaching/scovering and dying of polyester and viscous fabrics in both campus F.L.-2 and F.L-3.
(ii) Unit has installed 500 KLD capacity of separate two no. of E.T.P. in each campus for treatment of waste water generated from the dying and bleaching process (Photographs enclosed).
(iii) Unit has installed two bore wells with digital flow meters in each campus for abstraction of ground water for full fill of domestic and industrial requirements. Dally records of the bore wells readings log book maintained.
(iv) Unit has maintain one common final outlet of both campus treated waste water near the office block. OCEMS system, web camera has installed with final outlet discharge point and connected with UPPCB and CPCB servers. At the time of inspections the parameter of the treated waste water was shown on screen of the OCEMS is Ph-7.11, BOD-10.30 mg/l, COD-62.1mg/l, TSS-14.2 mg/l. Photograph of the OCEMS screen is annexed as annexure no. 5.
(v) At the time of inspections from following points (as per table no. 4) waste water samples from E.T.P. of unit has been 6 collected and submitted/Sent to Central Laboratory, U.P. Pollution Control Board, Lucknow for analysis. As per the analysis report received the parameter of the water sample is as per table no. 4.
Table no.4
Sampling Unit E.T.P.-1 E.T.P.-2 Final Prescribe
location/ Equalizati AerationOutlet Equalization Aeration Outlet common Standards
Parameter on Tank/ tank Tank/ tank Outlet
Inlet of Inlet of
E.T.P. E.T.P.
pH - 6.87 - 7.24 6.76 - 7.72 7.69 6.5 to
8.5
T.S.S. mg/l 162 - 38 174 - 28 36.0 100
T.D.S. mg/l 2183 - 674 1792 - 565 678 2100
T.S. mg/l 2345 - 712 1266 - 393 714 -
BOD mg/l 368 - 24 281 - 28.6 28 30
COD mg/l 772 - 142 698 - 142 140 250
(vi) The unit has installed digital water flow meters at each inlet
and outlet of the both campus E.T.P. and there logbooks are maintained in Unit. The copy of the logbooks is enclosed as annexure no. 6.
(vii) The E.T.P. treated waste water is being partially recycle in process and rest is discharged in GIDA Industrial drain which is ultimately meets in Ami River through Sariya Drain. Separate Digital Flow Meters for recycled water have also found installed in unit.
(viii) As per the table no. 4 the parameters of the final common treated water discharged in GIDA drain is found within the norms of the standards stipulated by CPCB.
(ix) Log book for recording of ground water abstraction, treated waste water, recycled waste water and discharged waste water has maintained by the units. Copy of logbook enclosed as annexure no. 7.
(x) The unit has permitted to discharge 500KLD treated waste water outside the premises as per the water consent issued by UPPCB.
(xi) No any bye pass system for discharge of untreated effluent was found maintained in unit during inspection.
3. M/s Bathwal Lauri Udyog (M/s Bathwal Udyog Pvt. Ltd.), FL- 3, Sector-13, GIDA, Gorakhpur.
7The unit M/s Bathwal Laari Udyog has purchased by M/s Ambey Processors and operated jointly at the site. Hence there is a no separate unit in the name of M/s Bathwal Udyog is being found operational at the time of inspection.
4. M/s Rungta Agencies (M/s Rungta Industries Pvt. Ltd.), BL-1, Sector-15, GIDA, Gorakhpur.
In Compliance of the above said order above mention unit has jointly visited on 23.08.2023. In presence of the unit representative Sri Shiv Kumar Pandey, Manager of unit. The unit was found in operation/production during the inspection. The details of the observations of site inspection and available records are as under:-
(i) The unit has established in the year of 2006 an engaged in production of rice bran oil 50 MTD) and D-Oiled Cake-
250MTD using rice bran 350 MTD and hexane (solvent) as a raw materials.
(ii) The unit has obtained consent to operate under Air and Water acts by UPPCB vide letter 171812/UPPCB Gorakhpur (UPPCBRO)/CTO/Both Gorakhpu2022 dated 28.12.2022 valid up to 31.12.2024 copy of the consent order is enclosed as annexure no. 8.
(iii) Plant and Machinery including pollution control devices installed in unit and water uses in premises is as per Table No. 5.
Table no.5
Sr. Plant Capacity Fuel APVS Stack Water Waste
No. & installed height use water
Machinery generation
1 Steam 8 TPH Rice Two Set 30 Boiler Boiler
Boiler Husk of Mtr. Feed & blow
Cyclone as down
Dust quenchin
g
2 Solvent 50 Nil/ Dust N.A. Cooling of Steam
Extraction Mt/Day Steam Collector condensers Condensate
Plant with and process
Rice Vacume
Bran Pumps
handling Waste Water
system
3 D.G. Set 630 KVA H.S.D. Acoustic As - -
& 200 Enclosure per
KVA
8
nor
ms
(iv) Unit has installed 20 KLD capacity of E.T.P. based on Physiochemico treatment and activated sludge process. Treatment units install in ETP is as under:-
(a) Oil Grease Trap (b) Equalization Tank with Temperature Cooling Tower
(c) Flocculation Tank (d) Chemical Dosing Tank
(e) Primary Settling Tank (f) Aeration Tank (g) Secondary Settling Tank
(h) Deuel Media Filter (i) Sludge Dying Beds As per table no. 6 waste water samples from E.T.P. install in unit has been collected at the time of inspections and Sent to Central Laboratory, U.P. Pollution Control Board, Lucknow for analysis. As per the analysis report received, The parameter of the waste water sample is as per table no. 6.
Table no. 6 Sampling Unit Inlet of Outlet of Final Prescribe location ETP ETP Outlet Standards Parameter pH - 7.35 7.85 7.62 6.5 to 8.5 T.S.S. mg/l 292 64 58 100 T.D.S. mg/l 2379 1450 1862 2100 T.S. mg/l 2671 1514 1920 -
BOD mg/l 424 38 36 30 COD mg/l 1296 176 168 250 Observations:
As per the above table no. 6 the concentration of the B.O.D. parameter in treated effluent/outlet of E.T.P. and Final Outlet of factory are found 38mg/l and 36 mg/l which is not as per the prescribed norm of the CPCB. Hence unit is found not complying the consent conditions and waste water discharge norms of the CPCB.
Unit has maintained bypass system before oil and grease trap of E.T.P. (Photograplı enclosed).
Unit has installed one digital flow meter at outlet of ETP which is found not functional and no digital flow meter installed at inlet of ETP to measure the daily waste water generated from process, and no logbook/records maintain by the unit hence, it 9 cannot be denied that unit can not discharge untreated effluent through bypass system installed at ETP.
Due to non compliance of the condition of the water consent order dated 28.12.2022, UPPCB, Lucknow has issued Show Cause Notice vide letter no. H 01610, dated 06.10.2023 under section 33A of water (Prevention and Control of Pollution) Act, 1974 as it amended 1978 for imposing of Rs. 10,000.00 per day Environmental Compensation. A copy of the above show cause notice dated 06.102.2023 is enclosed as annexure no.
11.
5. M/s India Glycols Ltd., E-1, Sector-13, GIDA, Gorakhpur.
In Compliance of the above said order unit has jointly visited on 16.08.2023 and 26.09.2023. In presence of the unit representative Sri Shilendra Pandey, Unit Head. The unit was found in operation/production during the inspection. The details of the observations of site inspection and available records are as under:-
(i) The unit has established in the year of 2006 and engaged in production of Ethyl Alcohol & Ethanol using molasses and grain as a raw materials. The installed capacity of the unit is 260 KLD i.e. (150 KLD Alcohol production from molasses and 110 KLD Alcohol Production from Grains).
(ii) The unit has obtained consent to operate under Water acts by UPPCB vide letter no. 146262/UPPCB/Gorakhpur (UPPCBRO)/ CTO/Water/GORAKHPUR/2021 dated 03.01.2022 and Air acts by UPPCB vide letter no. 146249/UPPCB/ Gorakhpur (UPPCBRO)/ CTO/Air/GORAKHPUR/2021 dated 03.01.2022 valid up to 31.12.2023 copy of the consent order is enclosed as annexure no. 9.
(iii) The unit has consented under water act by UPPCB for Zero Liquid discharge condition in premises.
(iv) Plant and Machinery including pollution control devises installed and water uses in premises is as Table No. 7.
Table no. 7 Sr. Plant Capa Fuel APCS Stack Water Waste No. & city Installed Height uses water Machi generation nery 1 Boiler 45 Coal- Two set of 60 Boiler Boiler No. 1 TPH 40M Cyclone Mtr. Feed, blow TD, Dust Cooling down 10 Rice Collector & & ash and Husk ESP quenching latchet of
-110 as MTD, quenching Slop-
190 MTD 2 Boiler 35 Coal- Two set of 40 Boiler Boiler No. 2 TPH 20M Cyclone Mtr. Feed, blow TD, Dust Cooling down Rice Collector & & ash and Husk ESP quenching latchet of -90 as MTD, quenching Slop- 114 MTD 3 Boiler 55 18 E.S.P. 90 Boiler Boiler No. 3 TPH TPH Mtr. Feed, blow Slop, Cooling down 6.23 & ash and TPH quenching latchet of Rice as Husk quenching 4 D.G. 1050 H.S. No As Cooling Nil Set KVA x D. Canopy/in per 3 no. stalled in nor closed raw ms
Flow Chart of mfg process of Alcohol from molasses and grain is enclosed as annexure no. 10 The main use of fresh ground water in unit is, Boilers Feeds, Dilution of Molasses and Cooling process. Unit has installed three nos of Bore Wells in premises for abstraction of ground water. Digital flow meters installed at each bore wells and maintained daily records of the water abstracted (Log book enclosed).
The unit has installed M.E.E for treatment/concentration of spent wash generated from distillation process. Concentrated spent wash (Slop) received from MEE Unit are used/fired in slope fired boilers with coal/rice husk as a fuel.
For treatment of condensate water received from MEE Unit and spillage/leakage waste water from unit campus, unit has installed 1500 KLD capacity of E.T.P (C.P.U.) 11 At the time of inspection all the units of E.T.P.(C.P.U.) has found operational and finally treated waste water is recycled for molasses dilution and make up water for cooling towers in premises.
Waste water samples of C.P.U. from inlet and outlet has collected on dated 16.08.2023 and sent to central laboratory to UPPCB, Lucknow. The analysis report received from Central Lab (enclosed). The parameters of the samples as per below table no. 8.
Table no. 8
Sampling Unit Inlet of Outlet Final Prescribe
location CPU of CPU Outlet Standards
Parameter of STP
pH - 3.23 7.23 7.82 6.5 to 8.5
T.S.S. mg/l 468 56 64.0 100
T.D.S. mg/l 2880 898 1042 2100
T.S. mg/l 3348 954 1106 -
BOD mg/l 1260 14 22.0 30
COD mg/l 3654 106 146.0 250
Total MPN/100ml - - 2200 -
Coliform
Fecal MPN/100ml - - 700 1000
Coliform
As per the above table No-9, all the parameters of the treated samples (Outlet of CPU) are found within the prescribe norm of the CPCB.
For treatment of domestic waste water/sewage generated from the unit premises, 25 KLD capacity of S.T.P. has installed and found operational, during joint inspection. Sample of Treated sewage water from outlet of S.T.P. has been also collected on dated 26.09.2023 and sent to Central Laboratory UPPCB, Lucknow, the Concentration of parameters in the outlet of STP is as per norms of the standard stipulated by CPCB/UPPCB.
Observations:
Unit has install digital flow meters for assessing of daily total spent wash generated, spent feeded in MEE, condensate received from MEE, concentrate received from MEE and feeded in slope fired boilers.
Unit has install digital flow meters and log book for maintaining daily records of CPU, Inlet, outlet and recycled quantity of treated waste water.12
No any bye pass system for discharge of untreated effluent was found maintained or seen in unit during inspection. Unit was found complying ZLD conditions as imposed in consent order issued by the UPPCB.
Compliance Status of The Tribunal Order dated 13.9.2022 in O.A.No.116/2014 Meera Shukla v/s Municipal Corporation Gorakhpur and others.
In compliance of the above order regarding industrial pollution control, establishment of CETP and rejuvenation of River Aami, River Tapti and others. Gorakhpur Industrial Development Authority (GIDA) has proposed 7.5 MLD capacity of C.E.T.P. for treatment of industrial effluent received from GIDA industrial area. GIDA has issued order to U.P. Jal Nigam (Gramin Unit), Gorakhpur for setup 7.5 MLD CETP. Land for setup C.E.T.P. near the Aami River and Saraiya Drain has been purchased and U.P. Jal Nigam has prepared D.P.R. and submitted for approval from the concern departments. Construction works for proposed CTEP has yet not started up to joint inspection time.
Action Taken Report against Defaulter Unit M/s Rungta Agencies (M/s Rungta Industries Pvt. Ltd.), BL-1, Sector-15, GIDA, Gorakhpur.
As per the inspection dated 23.08.2023 the unit was found non complying in respect to water (Prevention and Control of Pollution) Act, 1974 as it amended 1978. The parameter of the final treated effluent which is being discharge outside the premises (GIDA Drain) are not as per the prescribed norms of the CPCB. Due to non compliance of the condition of the water consent order dated 28.12.2022, UPPCB, Lucknow has issued Show Cause Notice vide letter no. H 01610, dated 06.10.2023 under section 33A of water (Prevention and Control of Pollution) Act, 1974 as it amended 1978 for imposing of Rs. 10,000.00 per day Environmental Compensation and Closure of Industry."
5. Report was considered by Tribunal on 13.10.2023. It was observed that Joint Committee's Report shows that M/s. Gallant Sariya Udyog (M/s.
Galllant Ispat Ltd.), M/s. Ambey Kapada Udyog (M/s. Ambey Processor), and M/s. India Glycols Ltd. were compliant. However, Tribunal found that Joint Committee has not looked into the aspects, whether the said units required Environmental Clearance (hereinafter referred to as 'EC') and if so, whether EC was granted and also whether there is compliance on the 13 part of the said industries in respect of conditions of EC (if any require) and Consent to Establish (hereinafter referred to as 'CTE') and Consent to Operate (hereinafter referred to as 'CTO') conditions in respect of carrying out their plants/industrial units as also CSR/CER activities, generation and disposal of fly ash and quality of water qua presence of heavy metals.
6. Joint Committee, therefore, was directed to submit a further Report within three months.
7. Tribunal also impleaded following as respondents 1 to 8 and issued notices to them, requiring them to file their responses:
(i) State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh,
(ii) Chairman, Gorakhpur Industrial Development Authority,
(iii) District Magistrate, Gorakhpur,
(iv) UPPCB, through its Member Secretary,
(v) M/s. Gallant Sariya Udyog (M/s Gallant Ispat Ltd.),
(vi) M/s. Ambey Kapada Udyog (M/s Ambey Processer),
(vii) M/s. Rungta Agencies (M/s Rungta Industries Pvt. Ltd.), and
(viii) M/s. India Glycols Ltd.
8. Pursuant to above order dated 13.10.2023, Joint Committee through Chief Environment Officer, Circle-6, UPPCB submitted Additional Report dated 02.02.2024 stating that M/s. Gallant Sariya Udyog and M/s.
India Glycols Ltd. have obtained EC vide letters dated 18.10.2027 and 22.08.2005 respectively.
9. With regard to M/s. Rungta Agencies, Report says that EC was not required at all since provisions of Environment Impact Assessment Notification dated 14.09.2006 (hereinafter referred to as 'EIA 2006') were not applicable to the said industrial unit. Further, on the aspect of 14 compliance in respect of M/s. Rungta Agencies, Report says that unit was visited on 23.08.2023 and sample of treated water was taken. It was found non-complaint with the parameters. As a result thereof, a show cause notice dated 06.10.2023 was issued, proposing imposition of environmental compensation at the rate of Rs.10,000/- per day for the period of six days. Later, when unit was again visited on 20.01.2024 and samples of treated water were collected, same were found in conformity with prescribed parameters. Observations made by Joint Committee's Additional Report dated 02.02.2024 are reproduced as under:
"A. M/s Gallant Sariya Udyog (M/s Gallant Ispat Ltd.), Plot No.A.L.- 5, Sector-23, G1DA, Gorakhpur:
In Compliance of the above said order unit has jointly visited on 20.01.2024 in presence of the unit representative Sri Bhaskar Tiwari, General Manager. The unit was found in operation/production during the inspection. The point wise compliance status/observations are as under:-
1. Environmental Clearance (EC) The unit is covered under the E.I.A. Notification dated by 14.09.2006 passed by MOEF&CC and industry has obtained E.C. vide letter no. J-11011/229/2008-IA-II (I) dated 18.10.2017 for installation of integrated steel plant having capacity Steel Billets 330000 MT/Y, Sponge Iron 297000 MT/Y and Electric Power Generation 53 MW. The copy of the E.C. attached as Annexure No. 1.
For enhancement of production capacity Steel Billets from 330000 MT/Y to 653400 MT/Y, Sponge Iron from 297000 MT/Y to 594000 MT/Y, Iron Ore Pelletization Plant 792000 MT/Y. Inclusions of Rolling Mills (Steel Bars) 330000 TPA and Electric Power Generation from 53 MW to 80.5 MW, the unit has obtained separate environmental clearance was approved by MOEF&CC by vide letter no. J J-11011/229/2008-IA.II (I) dated 14.10.2020. The copy of the E.C. attached as Annexure No. 2.
2. Compliance of the Environmental Clearance:
For the treatment of waste inter generated from ash/slag quenching, cooling tower blowdown, unit has installed ETP consisting pakka pond (for settling of ash/soil), equalization tank, flocculation tank, clarifier, sludge dewatering unit, storage tank. ETP treated 15 water recycling in unit above process to maintain ZLD in premises. At the time of joint inspection all the above units for ZLD are found operational and treated waste water is being recycled for cooling makeup water, irrigation of green belts and ash/slag quenching. No any waste water/effluent are being discharged was found at the time of inspection. Required air pollution control equipments has been found installed at each source of air pollution. Details of APCS installed in unit has already mentioned in joint inspection report earlier submitted to Hon'ble NGT.
3. Consent to establishment:
The unit has obtained consent to establishment from UPPCB in the year 2009 was letter no. F47391/C-6/NOC/36/GKP dated 08.04.2009 for setup of integrated steel plant having capacity Steel Billets 216000 MT/Y. Sponge Iron 118000 MT/Y, Iron Ore Pellets 90000 MT/Y and Electric Power Generation 24 MW at Plot No. No.A.L.-
5, Sector-23, GIDA, Gorakhpur. The copy of NOC (CTE) is annexed as Annexure-3.
For enhancement of production capacity Steel Billets from 330000 to 653400 MT/Y, Sponge Iron from 297000 to 594000 MT/Y, Iron Ore Pelletization plant 792000 MT/Y, Inclusions of Rolling Mills (Steel Ban) 330000 TPA and Electric Power Generation from 53 MW to 80.5 MW, the unit has obtained separate consent to establishment (CTE) from UPPCB, Lucknow by vide letter no. 110962/UPPCB/Gorakhpur(LAB)/CTE/ GORAKHPUR/2020 Dated:-
21/12/2020. The copy of NOC (CTE) is annexed as Annexure-4.
4. Consent to Operate (CTO):
The unit has obtained consent to operate from UPPCB since production started. Latest Consolidated Consent & Authorization (CCA) has issued by UPPCB, Lucknow by vide letter no.
1.78839/UPPCB/Gorakhpur(UPPCBRO)/CTO/both/GORAKHPUR/2 023 dated 17.03.2023 which is valid up to 31.12.2024. The copy of Consolidated Consent & Authorization (CCA) is annexed as Annexure-
5.
5. Compliance of the conditions of Consent to Operate:
The unit has found complying with respect to main conditions imposed in CTO as maintain ZLD. Flue gas prescribed emission norms. At the time of inspection, water sample or ETP treated water, which is being recycle in unit in cooling and other process is collected and analysis report of the sample collected is being found within the prescribe norms. Analysis Report enclosed as Annexure No. 6. For analysis of the heavy metals a sample has also collected and send to Central laboratory, Lucknow. Analysis report is awaited. The air 16 quality monitoring of the 03 stacks emission of the unit was also conducted on dated 20.01.2024 by the laboratory of the Regional Office, UPPCB. The concentration of the parameters of emission are found within the prescribe norms. Stack Monitoring Report enclosed as Annexure No. 7.
Compliance report of the condition of CTO/CCA is being submitted by the unit to UPPCB and CPCB regularly as per protocol.
6. Compliance of the CSR/CER:
The unit has intimated that improvement of quality of life of surrounding community through CSR, focusing on health, Improving ground water level. Free distribution of food to helpless people. The cost incurred in last 02 years of Rs. 1.91 crore (One crore ninety one lakhs).
Details of CSR/CER receive from unit is attached as Annexure No.8.
7. Fly Ash generation from boilers and its disposal:
(a) Fly ash generated from incineration of fuel like coal, rice husk from boilers is being collected through dust collection equipments (ESP) and staled in storage silos which is being sell to cement and cement block brick/tile manufacturing units. Bottom ash receive from the boilers are being disposed to low land filling purposes.
(b) Dolochar is also generated from sponge iron pelletization plant and it is have calorific value of (GCV 2500 KCal/kg and are recycle in palletization kiln with coal and dolomide chips.
(c) Slag is generated from iron smelting process which is quench with water to reduce the temperature and broken in small pieces.
Cooled slag are crushed in Jaw crusher and disintegration mill and iron/steel separated through magnetic screen residue of slag is used as a building material.
8. Development of Green Belt: The unit has planted trees in Industry premises and outside the premises to developed green belt. As per the information of the unit has developed approximately 15.29 Hectare green belt in and around the premises. Photographs of the green belt are attached as Annexure No. 9.
B. M/s Ambey Kapada Udyog (M/s Ambey Processor), FL-2 & F.L.- 3, Sector-13, GIDA, Gorakhpur:
In Compliance of the above order dated 13.10.2023 unit has again jointly visited on 18.01.2024 in presence of the unit representative Sri Santosh Pareekh, Director. The unit was found in operation/production during the inspection. The point wise compliance status/observations are as under-
1. Environmental Clearance (EC):17
The unit is not covered under the E.I.A. Notification dated by 14.09.2006 passed by MOEF&CC. The Industry is medium scale unit and has covered under red Category.
2. Compliance of the Environmental Clearance:
Not Applicable
3. Consent to establishment:
The unit was established in the year of 1995 for processing and dying of fabric on job work at plot no. FL-2, GIDA industrial area. For expensation of the boiler capacity the unit has obtained CTE from UPPCB vide letter no. F31402/C-6/NOC/167/GKP/13 dated 07.10.2013. The copy of NOC (CTE) is annexed as Annexure-10.
The unit has proposed to enhancement of production capacity from 32 TPD to 60 TPD and unit has obtained separate consent to establishment (CTE) from UPPCB, Lucknow by vide letter no. 195057/UPPCB/Gorakhpur (UPPCBRO)/CTE/GORAICHPUR/2023 dated 10/01/2024. The copy of NOC (CTE) is annexed as Annexure -
11.
4. Consent to Operate (CTO):
The unit has obtained consent to operate under Water acts by UPPCB vide letter no. 146686/UPPCB/Gorakhpur (UPPCBRO/CTO/Water/GORAKHPUR/2021 dated 25-4-2022 and Air acts by UPPCB vide letter no. 146690/UPPCB/ Gorakhpur (UPPCBRO)/CTO/Air/GORAKHPUR/2021 dated 25-4-2022 valid up to 31-12-2026. The copy of Consent (Air/Water) is annexed as Annexure-12.
5. Compliance of the conditions of Consent to Operate:
The unit has found complying with respect to main conditions imposed in CTO as maintain prescribed waste water discharge norms and flue gas emission norms and proper disposal of hazardous sludge generated from ETP. The unit was jointly visited on 18.01.2024 and the sample of treated water submitted to Regional Office, UPPCB, Gorakhpur Laboratory for analysis of the sample.
Analysis report receive from laboratory is enclosed, Unit has also installed Real time online effluent monitoring system along with message alert system, which is found operational. The parameters pH, BOD, COD, TSS are showing on screen are within prescribe norms. Photograph of screen and lab analysis report attached as Annexure-13.
6. Compliance of the CSR/CER:
Not applicable 18
7. Ash generation from boilers and its disposal:
Rice Husk is the main fuel used in 2 nos. boilers having capacity 3 TPH, 6 TPH, 2 nos. Thermal fluid Heaters having capacity 15 LKCL/hr establish in Unit. Fly ash generated from incineration of fuel in boiler/thermal fluid heaters is being collected through dust collection equipments (Multi Cyclone) and bottom ash receive from the boiler is being disposed to low land filling purposes.
8. Development of Green Belt:
The unit has planted some trees in Industry premises, outside the premises and at around ponds adopted by unit to developed green belt. Approximate 1.5 acre total area used for development of green belt. Photographs of the green belt are attached as Annexure No. 14.
C) Rungta Agencies (M/s Rungta Industries Pvt. Ltd.), BL-1, Sector-15, GIDA, Gorakhpur:
In Compliance of the above said order unit has jointly visited on 20.01.2024 in presence of the unit representative Sri Brijesh Tiwari, Manager. The unit was found in operation/production during the inspection. The point wise compliance status/observations are as under:-
1. Environmental Clearance (EC):
The unit is not covered under the E.I.A. Notification dated by 14.09.2006 passed by MOEF&CC. The Industry is small scale unit and has covered under Orange Category.
2. Compliance of the Environmental Clearance Not applicable
3. Consent to establishment The old name of unit is Dhara Pashu Ahar and has obtained consent to establishment from UPPCB in the year 2005 was letter no.
F47584/C-6/NOC/Dhara Pashu Abar/GKP dated 15.06.2005 for setup of 25 TPD solvent oil Plot No. BL-1, Sector-15, GIDA, Gorakhpur. The copy of NOC (CTE) is annexed as Annexure-15.
For enhancement of production capacity from 25 TPD to 50 TPD, the unit has obtained separate consent to establishment (CTE) from UPPCB, Lucknow by vide letter no. F38451/C-6/NOC/184/2014 dated 28.02.2014. The copy of NOC (CTE) is annexed as Annexure- I6.
4. Consent to Operate (CIO):
19The unit has obtained consent to operate from UPPCB since production started. Latest Consolidated Consent & Authorization (CCA) has issued by UPPCB, Lucknow by vide letter no.
171812/UPPCB/Gorakhpur(UPPCBRO)/CTO/both/GORAKHPUR/2 022 dated 28.12.2022 which is valid up to 31.12.2024. The copy of Consolidated Consent & Authorization (CCA) is annexed as Annexure-
17.
5. Compliance of the conditions of Consent to Operate:
Earlier the unit was jointly visited on 23.08.2023 and the sample of treated waste water, concentration of the B.O.D. parameter in treated effluent/outlet of E.T.P. and are found 38mg/l and 36 mg/l, which is not as per the CPCB prescribed norms. Hence unit is found not complying with the prescribed norms and water consent conditions. Due to that UPPCB, Lucknow has issued Show Cause Notice vide letter no. H 01610, dated 06.10.2023 under section 33A of water (Prevention and Control of Pollution) Act, 1974 as it amended 1978, for imposing of Rs. 10,000.00 per day Environmental Compensation. A copy of the above show cause notice dated
06.10.2023 is enclosed as annexure no. 18. The unit has again visited and collected treated water sample by UPPCB, Gorakhpur officials on dated 20.01.2024 and as per the analysis report the parameters of the treated effluent are found within the prescribed norms and total treated effluent was being found recycle in cooling process and maintained Zero Liquid Discharge in unit. As per the production record total defaulter working days are determined 06 days. On the basic of the above defaulter days, recommendation for imposing of Rs. 60000/- environmental compensation report has been sent to Board H.O by Regional Office, Gorakhpur.
At the time of inspection on dated 20.01.2024, the unit has found complying and maintained zero discharge in unit with respect to main conditions imposed in CTO. Treated water sample, which is being found recycle in cooling process are collected from outlet of ETP and analysis report of the sample collected are found within the prescribe norms. Analysis Report enclosed as Annexure No. 19. The air quality monitoring of the stack emission of the unit was also conducted on dated 20.01.2024 by the laboratory of the Regional Office, UPPCB. The concentration of the parameters of emission are found within the prescribe norms. Stack Monitoring Report enclosed as Annexure No. 20.
6. Compliance of the CSR/CER:
Not applicable
7. Ash generation from boilers and its disposal:
Rice Husk is the main fuel used in 8 TPH boiler establish in Unit. Fly ash generated from incineration of fuel in boiler is being 20 collected through dust collection equipments (Multi Cyclone) and bottom ash receive from the boiler is being disposed to low land filling purposes.
8. Development of Green Belt:
The unit has planted some trees in Industry premises and outside the premises to developed green belt. Photographs of the green belt are attached as Annexure No. 21.
D. M/s India Glycols Ltd., E-1, Sector - 13, GIDA,Gorakhpur In Compliance of the above said order unit has jointly visited on 18.01.2024. In presence of the unit representative Sri Shilendra Pandey, Unit Head. The unit was found in operation/production during the inspection. The point wise compliance status/observations are as under-
1. Environmental Clearance (EC):
The unit is covered under the E.I.A. Notification dated by 14.09.2006 passed by MOEF&CC and industry has obtained E.C. vide letter no. J-11011/198/2005-IA.II (I) dated 22.08.2005 for installation of Distillery Unit of 200 KLPD capacity. On the basic of spent wash generation was allowed at the rate of 11 KL/KL of alcohol & Zero liquid discharge through evaporation/concentration of spent wash partly followed by incineration and partly through bio composting. The copy of the E.C. attached as Annexure No. 22.
The Zero Liquid Discharge scheme was revised on evaporation and incineration technology and the scheme was approved by MOEF&CC by vide letter no. J-11011/198/2005-IA.II (I) dated 10.02.2006. The copy of the E.C. attached as Annexure No. 23.
2. Compliance of the Environmental Clearance:
For the treatment and maintain ZLD in premises, the Unit has installed steam based multi effect evaporator system and slop fired boiler having capacity 50 TPH and 1500 KLD Capacity of Condensate Processing Unit (CPU). At the time of joint inspection all the above units of ZLD technology are found operational and CPU treated effluent is being used in process of molasses dilution and as make up water in cooling towers. No any effluent discharge was being found at the time of inspection.
3. Consent to establishment:
The unit has obtained consent to establishment from UPPCB in the year 2005 was letter no. F47538/C-6/NOC/IGL/GKP dated 14.06.2005 for setup of 200 KLD distillery plant at Plot No. E-1, Sector-13. GIDA, Gorakhpur. The copy of NOC (CTE) is annexed as Annexure-24.21
For enhancement of production capacity from 200 KLPD to 260 KLPD based on molasses and grains as raw material, the unit has obtained separate consent to establishment (CTE) from UPPCB, Lucknow by vide letter no. 12/UPHOC6/EIA/Gorakhpur/221 dated 01.07.2021. The copy of NOC (CTE) is annexed as Annexure-25.
4. Consent to Operate The unit has obtained consent to operate from UPPCB since production started. Latest Consolidated Consent & Authorization (CCA) has issued by UPPCB, Lucknow by vide letter no. 195969/UPPCB/Gorakhpur(UPPCBRO)/CTO/both/GORAKHPUR/2 023 dated 20.12.2023 which is valid up to 31.12.2028. The copy of Consolidated Consent & Authorization (CCA) is annexed as Annexure-
26.
5. Compliance of the conditions of Consent to Operate:
The unit has found complying with respect to main conditions imposed in CTO as maintain ZLD, Flue gas emission standards norms. At the time of inspection water sample of CPU treated water, which is being recycle in cooling and molasses dilution process are collected and analysis report of the sample collected is being found within the prescribe norms. Analysis Report enclosed as Annexure No.
27. The air quality monitoring of the stack emission of the unit was also conducted on dated 14.12.2023 by the laboratory of the Regional Office, UPPCB. The concentration of the parameters of emission are found within the prescribe norms. Stack Monitoring Report enclosed as Annexure No. 28.
Compliance reports of the condition of CTO/CCA is being submitted by the unit to UPPCB and CPCB as per protocol.
6. Compliance of the CSR/CER:
The unit has intimated that improvement of quality of life of surrounding community through CSR and focusing on health, education, ruler infrastructure development and women empowerment, the cost incurred in last 3 year of Rs. 13690561.00 (One crore thirty six lakhs ninety thousand five hundred sixty one) and Rs 94.36 crore incurred every year under CER for installation/operation and maintenance of various pollution mitigation measures, energy saving equipments, reduction of ground water consumption, waste minimization and green belt development. Details of (CSR/CER receive from unit is attached as Annexure No.
29.
7. Ash generation from boilers and its disposal:
22Fly ash generated from incineration of fuel like coal, rice husk from boilers is being collected through dust collection equipments (ESP) and stored in storage silos which is being sell to cement and cement block brick/tile manufacturing units. Bottom ash receive from the boilers are being disposed to low land filling purposes. Details of the total Ash generated/disposed off during financial year 2022-2023 from the unit are attached as Annexure No.30.
8. Development of Green Belt:
The unit has planted trees in Industry premises and outside the premises to developed green belt. As per the information of the unit has developed approximately 16 Acer green belt in and around the premises. Photographs of the green belt arc attached as Annexure No.
31."
10. On behalf of M/s. Rungta Industries Pvt. Ltd., response dated 31.01.2024 has been filed.
11. Tribunal considered the matter again on 08.02.2024 and found it appropriate to direct Registry to register separate cases for the private respondents i.e., project proponents impleaded as respondents 5 to 8 since under Rule 14 of National Green Tribunal (Practices and Procedure) Rules, 2011, an application must comprise of a single cause of action though for one or more provided reliefs that they are consequential to one another.
12. Consequently, present Original Application No. 356/2024 has been retained in respect of M/s. Rungta Industries Pvt. Ltd.
13. Learned Counsel for proponent stated that with regard to non-
compliance of the treated water as per sample collected on 23.08.2023, ultimately environmental compensation of Rs.60,000/- was imposed by UPPCB vide order dated 30.01.2024, which was challenged by proponent in Appeal No. 13/2024, Rungta Industries Pvt. Ltd. vs. Uttar Pradesh Pollution Control Board and the same has been decided vide judgment dated 22.05.2024, wherein violation has been confirmed but quantum of environmental compensation has been reduced from Rs.60,000/- to Rs.
2324,000/-. With regard to subsequent period, it is stated that Joint Inspection Report has found the proponent in compliance with the parameters prescribed under Water (Prevention and Control of Pollution) Act, 1974 and there is no infirmity in the functioning of unit of proponent.
14. Shri Arvind Kumar, Learned Counsel appearing for UPPCB did not dispute the above statement and it is stated that as per Additional Report, respondent-proponent is now complying with consent conditions and parameters prescribed under the Statute.
15. In view thereof, we do not find that any further order is required to be passed in this matter. The application is accordingly disposed of.
Sudhir Agarwal, JM Dr.Afroz Ahmad, EM May 28, 2024 OA No. 356/2024 R 24