National Green Tribunal
Sheikh Shakir vs Grasim Industries Ltd. Chemical ... on 8 December, 2023
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 02/2023(CZ)
Shiekh Shakir Applicant(s)
Vs.
M/s Grasim Industries Ltd.
Chemical Division & Ors. Respondent(s)
Date of Completion of Hearing and Reserving of Order : 04.12.2023
Date of Uploading of Order on the Website : 08.12.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): Ms. Zubia Sajid, Adv.
For Respondent(s) : Mr. Pinaki Mishra, Sr. Adv.
(with Mr. Rajat Jariwal, Adv.,
Ms. Ayushi Khurana, Adv &
Ms. Prerna Singh, Adv.)
Ms. Ayushi Khurana, Adv.
Ms. Parul Bhadoria, Adv.
Mr. Yadvendra Yadav, Adv.
Mr. Rajat Jariwal, Adv.
Ms. Prerna Singh, Adv.
Mr. Prashant M. Harne, Adv.
Mr. Mehul Bhardwaj, Adv.
Ms. Harshita Tejwani, Adv.
Mr. Om Shankar Shrivastav, Adv.
Mr. Shahazad Irani, Adv.
Mr. Dinesh Tiwari, Adv.
Mr. Gauravanit Jain, Adv.
ORDER
1. The issues raised in this application is non-compliance of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and discharging the chemical /untreated water into the open land adversely damaging the soil and further discharge of chemical water into the water body adversely affecting the fishes and animals who drink the water of the river. The brief facts of this original 1 application are that the respondent no. 1 is a large scale industry engaged in production of stable bleaching power, poly aluminum chloride, Chlorinated paraffin, Chloromethane, Chloro Sulphonic Acid, Calcium Chloride and caustic soda. In addition to these the industry is production many by products which include Chlorine, Hydrochloric Acid, Sodium Hypochlorite, Hydrogen, Compressed Hydrogen, Carbon Dioxide. The city areas namely Rajendra Nagar. Durgapura and Mehatwas are located adjacent to the co-generation plant about 200 meters in ward 35-36 of Nagda city which is a thickly populated area.
2. Respondent no. 1 operates with highly acidic elements like sulphur, mercury, chlorine, aluminium chloride, brine and HCL on a daily basis, leading to indiscriminate pollution in the area. The coal is heated with sulphur to produce carbon di sulphide and caustic soda which is highly inflammable.
3. Owing to the chemical processes, the chemical water from the premises is discharged into an industrial drain purposefully made by the officials of respondent no. 1 which flows into Chambal river located around 300 meters and thereby the toxic water is drained into the Gandhi Sagar Dam downstream the Chambal Nadi. This water is supplied to Nagda and Kachhrod for consumption.
4. The chemical used/produced in the industry is highly toxic and gives out a pungent smell which is unbearable for the residents living in and around Nagda town. Birds like sand-piper, dove were common in the area but are not visible anymore.
5. The respondent industry has not taken permission for extraction of ground water from the ground water board, however the industry is engaged in regular use of ground water.
26. The side effect of the these chemicals are submitted as follows :-
Chloromethane (gas) Acute (Short -Term) Exposure to high concentration of Methyle Chloride in humas has caused severe neurological effects. Methyle Chloride has also caused effects on the heart rate, blood pressure, liver and kidneys in humans, Chronic (ling - term) animal's studies have shown liver, kidney spleen and central nervous system (CNS) effects.
Sodium Hypochloride Is corrosive and may irritate the skin or cause burning, pain, inflammation and blisters ocular exposure can cause irritation, pain, lacrimation and photophobia.
Carbon di - Oxide Can cause headache, dizziness, difficulty in breathing, termors, confusion and ringing the ears, higher exposure can cause convulsion, coma and death.
Hydrogen Chloride Can cause irritation of the eyes, skin, and Gas respiratory tract - exposure to high level can result in corrosive damage to the eyes, skin and respiratory tissues and could lead to Pulmonary edema and even death in extreme cases.
Poly Aluminium Causes eye and skin irritation mist and Chloride vapor - causes respiratory tract and mucous membrane irritation. Potential Health Effects
- inhalation irritation eye contact, may cause irritation with redness and swelling Hydrogen Gas ingestion : irritation of the mouth and stomach headaches, ringing in ears dizziness, vomiting and depression of all senses.
Sodium Hydroxide ¼dkfLVd lksMk½ ;g cgqr {kkjh; gS] ;g ty lalk/kuksa dks iznwf"kr djrk gSA vYljsVsM vkSj vUuiz.kkyh fNfnzr isV vkSj NksVh vkarA Contact with very high concentration of sodium hydroxide can cause severe burns to eyes, skin, digestive system or lungs, resulting in permanent damage may cause dermatitis. Repeated inhalation of Sodium hydroxide vapor can lead to permanent lung damage.
Sodium Hypochloride The impacts are stomach pan, a burning sensation, coughing, loose bowels and irritate throat and heaving it causes redness and pain eyes and skin.
Hydrochloric Acid Hydrochloric acid is corrosive to the eyes, skin and mucous membranes. Acute (Short - term) inhalation exposure may cause eye, nose and respiratory tract irritation and inflammation and pulmonary edema in humans, vapors or mist can cause damage 3 to the mucous membranes of the respiratory system. Chronic exposure can cause chronic bronchitis.
Dyksfju xSl lkal ysus esa dfBukbZ vkSj [kkalh] QsQM+kas ds lquus ls vke rkSj ij njkjsa fn[kkbZ nsxa h] eryh] myVh] fljnnZ ;k ?kcjkgV
7. The matter was taken up by this Tribunal on 09.02.2023 and the joint committee consisting representative of the Collector, Ujjain, MoEF&CC, CPCB & MPPCB was constituted with the directions to submit the factual and action taken report.
8. In compliance thereof, the committee visited the site and submitted the report. The applicant filed some objections against the report. Against which this Tribunal further directed the committee to submit the latest status and report. The committee visited again on 23rd and 24th August, 2023 and submitted the report which is on record.
9. Notices were also issued to the respondents and respondent no. 1 has filed the reply with the facts that in view of the State of Uttar Pradesh & Ors. vs. Uday Education and Welfare Trust & Anr. 2022 SCC Online SC 1469 and in view of the Raza Ahmad Vs. State of Chhattisgarh & Ors.
MANU/GT/0200/2022 it was held that the person coming to the Tribunal or court must be the person aggrieved and bona fide of the credential of the applicant is required to be considered in the cases filing before the Tribunal.
10. It is further submitted that the respondent no. 1 is carrying out its business activities since its establishment in 1972 and the fact is within the knowledge of applicant thus the application is time barred.
11. It is further submitted that :-
1. That the Respondent No. 1 has a Zero Liquid Discharge (ZLD) facility which has been operational since April 2018.
Respondent No. 1 does not discharge any treated or untreated water outside the factory premises. A copy of the letter dated 4 02 April 2018 issued by Respondent No. 1 confirming achieving ZLD is annexed hereto.
2. The fire incidents alleged in the Original Application date back to 2003-2007 and are well beyond the period of limitation prescribed under Sections 14 and 15 of the NGT Act. Thus, the same cannot be adjudicated upon at the instant stage.
3. Respondent No. 1 has installed ambient air quality monitoring stations. The Respondent No. 1 has also installed 24*7 continuous emission monitoring system at process stacks to monitor stack with respect to standards prescribed in Environment (Protection) Rules 1986 and connected them to SPCB and CPCB online servers. The air emissions are compliant with National Ambient Air Quality Emission Standards. It is reiterated that the Respondent No. 1 has installed and operationalized its Zero Liquid Discharge facility w.e.f. April 2018. There is no discharge of treated or untreated effluents by Respondent No. 1 outside its premises.
12. In compliance of the order of this Tribunal the report of the joint committee (2nd report) is as follows :-
"A brief on the industrial cluster & norms The Nagda Industrial Cluster was developed prior to constitution of the State Pollution Control Boards way back in year 1954 and M/s Grasim Industries ltd (Chemical Division) Nagda was established in 1972. The State Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 started grant of consent for disposal of treated waste water as per prevailing norms. However, as on date, none of the major industries discharging their effluent in river or land by maintaining the Zero Liquid Discharge status and M/s Grasim Industries (Chemical Division) Nagda is one of them.
It is noted that the unit was granted Environment Clearance for "Expansion of Caustic Chlorine Products from and value added derivatives along with installation of new Chloromethane plant by M/s Grasim Industries Ltd. (Chemical Division) at Birlagram, Nagda, District Ujjain (Madhya Pradesh)" vide letter dated 07.01.2020.The copy of the Environment Clearance is enclosed.5
The unit has valid Consent upto 31.01.2024 under Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981for the production of the same. The copy of the consent is enclosed.
Issues mentioned in petition and objection filed A. The present OA.No.02/2023 has been filed before the Hon'ble NGT by Sh. Shaikh Shakir. The main issues raised by applicants through the petition are as given below:
i. The unit is discharging untreated water on land and in river Chambal and adversely affecting the water body. ii. The unit is involved in various chemical production and Durgapura and Mehatwas are located at just adjacent to the unit.
iii. The unit using various acidic elements i.e. Sulphur, mercury, Chlorine and HCl etc. leading to cause of pollution in the area.
iv. The unit using toxic chemicals resulting un-breathable atmosphere for residents of Nagda.
v. The unit has not obtained the ground water extraction permission from CGWB.
vi. Other substantial issues i.e. ground water and soil contamination in area, health related problems of nearby population were also mentioned in the report.
B. Applicant has filed detailed objection dtd. 01.07.2023. The main issues raised are given as below:
i. The committee has not collected water samples from Kacchi Naali (industrial drain), Mehtwas, River Chambal at Bhagatpuri, Parmarkhedi, Bhimapura, Padliya Nala Nagda etc. ii. The Unit is dumping huge quantity of chemical waste near railway track and no water sampling carried out from nearby location.
iii. Various complaint made by the Hon‟ble Member of Parliament and local leader of political parties.6
iv. A fire incident took place in Hydrogen tank and four workers seriously burnt.
The committee made the following observations during site visit on the above mentioned issues:-
Issue No. 01: The unit is discharging untreated water on land and in river Chambal and adversely affecting the water body.
M/s Grasim Industries Ltd. (Chemical Division) has installed 1000 KLD ETP to treat effluent of alkaline, acidic and neutral characteristics. The effluent quantity of about 320 m3/day is generated from the caustic soda plant after treatment which is being recycled and reused for various process and utility requirements.
The effluent, clari-flocculated & clarified in flocculation & clarifier units respectively. The clarified effluent further treated through two-stage filtration system i.e., sand filter & activated carbon filter.
To reduce the TDS, industry has installed brackish water RO followed by Multi Effect evaporator (MEE) & Sea Water RO followed by Agitated Thin Film Dryer (ATFD). The condensate water recovered from MEE is reused in Process & cooling. Whereas dried powder sent to (TSDF) M/s Pithampur Industrial Waste Management Pvt. Ltd., Pithampur District- Dhar a unit of Ramky.
Industry has maintained Zero Liquid Discharge status after installing double stage Reverse Osmosis (600KLD) Multi Effect Evaporator (MEE) (120KLD) & Agitated Thin Film Dryer (ATFD) on 31.03.2018 and same has been intimated to MPPCB vide letter dated 02.04.2018 which is enclosed. To treat the domestic waste, Activated Sludge Process based 02 STPs of total 80KLD capacity is installed. The treated effluent is used in horticulture & gardening.
Petitioner also mentioned about water pollution and claimed that the unit still discharging the untreated waste water in the drain but during visit no waste water discharge was observed in the main drain. To assess the present status of water quality samples of River Chambal up and down stream, ground water from nearby area, 7 piezometer and drains have been collected and analyzedby MPPCB, Regional Laboratory at Ujjain. The samples were collected at representative locations on random basis so that they are uniformly distributed in the visited area. The results of water analysis are given below:
River Water Analysis
S. Parameters Unit River River River River River
No. Chambal at Chambal Chambal at Chambal 1 Chambal
Bhagatpuri, 100 meter Parmarkhedi, K.M. D/s of at
Nagda D/s at Nagda JunaNagda Upstream
Juna of Nagda
Nagda
1 Temperature Centigrade 24 23 23 25 26
2 Colour Pt. Co. Sc. Colourles Colourless Colourless Colourless Colourless
s
3 Odour -- Odourless Odourless Odourless Odourless Odourless
4 pH pH 7.84 7.95 7.86 7.92 7.96
Units
5 Specific micro 485 403 393 401 391
Conductance mho/c
m
6 Turbidity N.T.U. 13.2 11.9 15.8 25.2 11.2
7 Chloride as mg/l 62 54 58 61 55
Cl-
8 Total mg/l 190 188 196 196 192
Alkalinity as
CaCo3
9 Total mg/l 184 192 208 220 176
Hardness as
CaCo3
10 Calcium mg/l 120 100 128 140 110
Hardness as
CaCo3
11 Magnesium mg/l 64 92 80 80 66
Hardness as
CaCo3
12 Dissolved mg/l 6.8 6.8 7 6.8 7.1
Oxygen
13 Total Solids mg/l 356 298 334 310 290
14 Suspended mg/l 18 16 20 28 16
Solids
15 Total mg/l 338 282 314 282 274
Dissolved
Solids
16 B.O.D. mg/l 3.6 7 6 8 1.8
(3 Days 270C)
17 Chemical mg/l 26 24 25 30 12
Oxygen
Demand
18 Ammonical mg/l 0.986 0.698 0.864 1.32 0.1
Nitrogen as
NH3-N
19 Nitrite as mg/l 0.006 0.006 0.005 0.007 0.002
-NO2 -N
8
20 Nitrate as mg/l 1.68 1.65 1.78 1.65 1.782
-NO3 -N
21 Phosphate as mg/l 0.067 0.052 0.077 0.062 0.121
3-_PO4 P
22 Sulphate as mg/l 40.55 32.4 32.83 49.77 16.5
2-SO4
23 Sodium as Na mg/l 30.2 30.4 32.4 33.2 11.2
24 Potassium mg/l 1 1 1.1 1 0.982
As K
25 Total MPN/ >1600 >1600 >1600 >1600 48
Coliform 100ml
26 Fecal MPN/ 12 33 34 33 1.8
Coliform 100ml
27 Boron as B mg/l 0.202 0.198 0.216 0.216 BDL
28 Fluoride mg/l 0.136 0.171 0.183 0.149 0.216
29 Copper mg/l ND ND ND ND ND
(as Cu)
30 Lead (pb) mg/l ND ND ND ND 0.035
31 Zinc (as Zn) mg/l ND ND ND ND ND
32 Nickel (as Ni) mg/l 0.031 0.023 0.036 0.081 ND
33 Iron (as Fe) mg/l 0.039 0.101 0.088 0.133 0.041
34 Total mg/l 0.011 0.009 0.03 0.034 0.054
Chromium
(as Cr)
35 Mercury mg/l ND ND ND ND ND
(as Hg)
Category D D D D A
Classification of River water based on IS - 2296 - 1982, ND- Not Detected BDL- Below Detectable Limit During inspection & sample collection it was observed that the Chambal River barrage near Railway Bridge was overflowing and sufficient flow at down stretch of river near Bhagatpuri, Parmarkhedi etc. Basis on the above analysis values of river Chambal it can be concluded that the BOD value increased in downstream of the river Chambalw.r.to upstream water quality due to mixing of city sewage and other non-industrial drains without any treatment.
It was observed that during visit two major drains (Nallah) joining the river Chambal at downstream side without any treatment i.e. Padliya drain and Mixed open drainof industrial area. Padliya drain mainly carrying city sewage and mix open drain carrying waste water generated from industrial area major source of inflow are vehicle washing, commercial activity etc. Mixed open drain nallah passes through School Bridge and finally met to Padliya nallah at JunaNagda. So sample has also been taken from School Bridge & Combined drain along with the drain behind Nagda industrial area. To assess the quality of waste water samples from major drains samples have been collected and the analysis results are given below:
9 Drain (Nallah) water analysis S. Parameters Unit Drain Mix Open Drain near Padliya Combined behind Drain at School Nallah near Drain D/C No. Nagda Inside Bridge, Indira Nagar, to Chambal industrial area, Birlagram, Nagda river on area. Nagda Nagda bypass road, Nagda 1 Appearance -- Turbid Turbid Turbid Turbid Turbid 2 Odour -- Unpleasant Unpleasant Unpleasant Unpleasant Unpleasant 3 pH pH 6.9 7.58 7.92 7.57 7.51 Units 4 Total Solids mg/l 2080 1286 2624 934 2204 5 Suspended mg/l 82 90 96 82 112 Solids 6 Total mg/l 1998 1196 2528 852 2092 Dissolved Solids 7 Chloride as mg/l 860 452 700 156 490 - Cl 8 B.O.D.( 3 mg/l 6 12 18 38 20 Days 270C) 9 Chemical mg/l 90 70 90 90 80 Oxygen Demand 10 Phosphate 3-_ as mg/l 0.26 0.881 1.36 1.53 1.67 PO4 P 11 Mercury (as mg/l ND ND ND ND ND Hg)
ND- Not Detected , BDL- Below Detectable Limit The above drain water analytical results indicate that the value of BOD in Padiliyanallah are higher side w.r.to discharged standards however no Hg concentration is observed which a major concern. The drains are finally joining river Chambal at downstream side and increased the organic and inorganic load in river and after rainy season stagnation/lean flow further deteriorated the water quality.\ The samples of ground water were also collected from representative village at locations mentioned in order dated 09.02.2023 and objection raised dated 01.07.2023 the location details and analyzed values are given below:10
Ground Water Analysis S. Parameters Unit Indian Standard Drinking Hand Bore well Handpum Hand No. Water Specification Pump water at p water pump (Second Revision) water at Durgapur, near water IS 10500 : 2012 Mehatwas Nagda School near near Takrawa, Pardi Requirement Permissible in Paniki Nagda village, (Acceptable the Absence of Limit) Alternate Tanki, Nagda Source Birlagra, Nagda 1 Colour Pt.Co.Sc 5 15 Colourless Colourless Colourless Colourless .
2 Odour -- Agreeable Agreeable Odourless Odourless Odourless Odourless 3 pH pH Unit 6.5-8.5 No relaxation 7.84 7.35 7.1 7.23 4 Specific Conductivity µMhos/c -- -- 1024 1508 1468 2192 m.
5 Turbidity NTU 1 5 2.6 2.4 1.2 1.6 6 Total Solids mg/l -- -- 832 1218 1174 1766 7 Total Dissolved mg/l 500 2000 824 1206 1164 1756 Solids 8 Suspended Solids mg/l -- -- 8 12 10 10 9 Chloride as Cl mg/l 250 1000 192 300 264 440 10 Total Alkalinity as mg/l 200 600 304 242 762 552 CaCo3 11 Total Hardness as mg/l 200 600 490 464 560 872 CaCo3 12 Calcium as (Ca) mg/l 75 200 100 64 145.6 152 13 Magnesium as (Mg) mg/l 30 100 58.32 73.87 47.62 119.55 14 Ammonical Nitrogen mg/l 0.5 No relaxation BDL BDL BDL BDL as NH3-N 15 Nitrate as NO3 mg/l 45 No relaxation 7.88 30.23 1.84 36.74 16 Nitrite as NO2- -N mg/l -- -- BDL 0.002 BDL 0.002 17 Sulphate as SO4 mg/l 200 400 80.376 116.6 32.388 119.25 18 Phosphate as PO4--P mg/l -- -- BDL 0.14 0.022 0.004 19 Sodium as Na mg/l -- -- 66 92.5 183 133 20 Potassium as K mg/l -- -- 1.9 2.2 1.1 5.68 21 Chemical Oxygen mg/l -- -- 12 15 14 12 Demand 22 B.O.D. ( 3 Days 270 mg/l -- -- 1.2 1.6 1.4 1 C) 23 Fluoride (as F) mg/l 1 1.5 0.689 0.98 0.96 0.889 24 Copper (as Cu) mg/l 0.05 1.5 0.021 ND ND ND 25 Lead (as Pb) mg/l 0.01 No relaxation ND 0.005 ND ND 26 Zinc (as Zn) mg/l 5 15 ND 0.459 ND 0.007 27 Nickel (as Ni) mg/l 0.02 No relaxation 0.011 0.018 0.013 ND 28 Iron (as Fe) mg/l 0.3 No relaxation 0.039 0.052 0.214 0.139 29 Total Chromium (as mg/l 0.05 No relaxation 0.011 0.035 0.032 0.032 Cr) 30 Mercury (as Hg) mg/l 0.001 No relaxation ND ND ND ND ND- Not Detected , , BDL- Below Detectable Limit The Unit has also installed piezometers in North & South direction of plant, along with other prominent locations to assess any leakage from SLF. The samples of piezometer were also collected from representative locations of up and down gradient in the presence of applicant. The location details and analyzed values are given below:11
Piezometric Point Analysis S. No. Parameters Unit Piezometric Piezometric Piezometric Point near Point No. - 3, Point no. 6 Weigh Bridge near Bottling at Grasim at Pardi Gate Plant, Nagda Staff at U/S of SLF Colony, Site of M/S Nagda Grasim Ind.
Ltd. (Chemical Division), Birlagram, Nagda 1 Colour Pt.Co.Sc. Colourless Colourless Colourless 2 Odour -- Odourless Odourless Odourless 3 pH pH Units 7.11 8.07 7.51 4 Specific Conductance micromho/ 519 590 1192 cm 5 Turbidity N.T.U. 5.6 4.1 7.3
-6 Chloride as Cl mg/l 110 128 602 7 Total Alkalinity as CaCo3 mg/l 194 176 226 8 Total Hardness as CaCo3 mg/l 220 232 232 9 Calcium Hardness as CaCo3 mg/l 120 120 96 10 Magnesium Hardness as mg/l 100 112 136
CaCo3 11 Total Solids mg/l 428 484 964 12 Suspended Solids mg/l 10 12 10 13 Total Dissolved Solids mg/l 418 472 954 14 Copper (as Cu) mg/l ND ND ND 15 Lead (as Pb) mg/l ND 0.014 ND 16 Zinc (as Zn) mg/l ND 0.021 0.074 17 Nickel (as Ni) mg/l ND 0.148 ND 18 Iron (as Fe) mg/l 0.015 0.222 0.124 19 Total Chromium (as Cr) mg/l ND 0.05 0.059 20 Mercury (as Hg) mg/l ND ND ND ND- Not Detected On the basis of the analysis results of the ground water and piezometers, it can be concluded that none of the parameter is showing abnormal value. Mercury (Hg) is also not observed in any ground water sample.
The unit has maintained Zero Liquid Discharge condition. At the time of visit, it is found that MEE and ATFD were operational. The unit has also installed 02 PTZ cameras at ETP area and back side of the unit. The access of the camera is with MPPCB, Bhopal to monitor the status remotely at round the clock basis.
It was observed that a stone crusher located at the backside of the industrial area at Takrawada village rain water was found 12 accumulated in the mined pit. However, no waste water discharge was observed in this area.
The Unit has also installed two STP of capacity 50 KLD each for the treatment of domestic waste water. On average basis 25 to 30 KLD water is being treated by these STPs which is further used for horticulture, dust suppuration etc. The samples of STPs were collected during inspection water analysis report is as under:
STP water analysis S. Parameters Unit M/s Grasim M/s Grasim Chemical No. Chemical Division Division Nagda, STP Nagda, STP no. - 1, no.- 2, Capacity 50 KLD Capacity 50 KLD (Treated Water reuse (Treated Water in Garden) reuse in Garden) 1 Appearance -- Sl. Turbid Sl. Turbid 2 Odour -- Unpleasant Unpleasant 3 pH pH Units 7.48 7.43 4 Total Solids mg/l 986 1104 5 Suspended Solids mg/l 38 40 6 Total Dissolved Solids mg/l 948 1064 7 Chloride as Cl- mg/l 190 198 8 B.O.D.( 3 Days 270C) mg/l 8 12 9 Chemical Oxygen Demand mg/l 40 60 10 Phosphate as4 PO 3-_P mg/l 0.713 0.924 Issue No 02-The unit is involved in various chemical production and Durgapura and Meahtwas is located to just adjacent to the unit.
As mentioned above the unit involved in production of various chemicals and having valid consent from MPPCB and permission from petroleum and explosion safety organisation (PESO) for storage and handling of Chlorine which is valid upto 30.09.2032. The permission of PESO is enclosed.
The one of the main contentions of the petition is location of Mehtwas village which is located in close proximity of the industrial cluster. Generally minimum buffer zone is 500 meters has been fixed but in present case village is located near to Nagda industrial cluster. The other houses and villages also located within the range of 200 to 500 meter distance from this cluster. As per industry representative 13 the plant was established in 1972 and at that time, population was very less and at that time no concept of buffer zone was existed. However, to control emission from stack the unit has provided scrubbers attached with stack. The details of the installed air pollution control devices are as tabulated below:
S.No. Unit APCDs & Stack height (mtrs)
1. Caustic Soda Unit_1 Alkali Scrubber (32m)
Water Scrubber (34m)
2. Caustic Soda Unit_2 Alkali Scrubber (34m)
Water Scrubber (34m)
3. Calcium Chloride Water Scrubber (34m)
4. Chlorinated Paraffin Unit Alkali scrubber (30m)
Water Scrubber (30m)
5. Chlosulphonic Acid plant H2SO4 scrubber (30m)
Water scrubber (30m)
6. Poly Aluminum Chloride Plant Water Scrubber (34m)
Spray Dryer Scrubber (34m)
7. Stable bleaching powder Plant Bag Filter, Cyclone, Dust
Collector, Gravity Settling
Chamber, Hood Cover
Industry has provided CEMS in Caustic soda unit 1 & 2 and Chlorinated paraffin units stacks for continuous monitoring of HCl & Cl2. Total 88 sensors for Cl2&HCl leak detection are installed in plant premises during visit some of them has been verified at random basis. The location details of the installed sensors are enclosed.
Issue No. 03-The unit is using various acidic elements i.e. Sulphur, mercury, Chlorine and HCl etc. causing pollution in the area.
The unit is involved mainly in the production of Chlorine based product. The representative of the unit informed that sulphur and Mercury is nowhere used in the process. The unit produces caustic soda through membrane technology which is safer production method as compared to earlier method i.e. Mercury cell. The unit has switchover the mercury cell to membrane technology in 2006 the intimation letter issued in this regard is enclosed.
The stack emission is point source of air pollution in any chemical industry. In this unit the main stacks are Caustic soda unit 14 01 and unit 02at the time of visit both were operational hence stack emission has been monitored for consented parameters i.e. HCl and Cl. The details of the monitored stack emission values are given below:
Stack Chlorine
S. emission Control HCl (mg/Nm3) CEMS provided
No. monitoring equipment
(mg/Nm3)
location
01 Caustic Soda Alkali and 2.73 1.731 The unit has
unit- 01 Water installed the OCEMS
Scrubber and the data shows
that during the
02 Caustic Soda Scrubber 2.83 0.98 emission monitoring
unit- 02 all values within the
Emission standards 35 15 limit as given in
consent.
On the basis of the above stack emission monitoring data, it was observed that the emission values complying the norms.
As per the guideline of CPCB, the unit has installed OCEMS in all the stacks of chemical plant to monitor HCl and Chlorine emission round the clock. The CEMS data available at MPPCB/CPCB website and transmission was verified during visit. As per the OCEMS data all the stack emission of HCl & Chlorine was well within the consented limits i.e. 35mg/Nm3 & 15mg/Nm3 respectively.
As mentioned in above para, the unit has switchover the mercury cell to membrane technology and as on date no Mercury is being used in process. The unit has constructed new SLF which has Double Composite Liner System and designed as per the CPCB guideline, 2001. Bottom is lined with compacted clay, HDPE liners & leachate collection system. After the switchover the production technology from Mercury to membrane the characteristic of sludge also changed in result.
As per the direction of MPPCB a study on "Environmental Assessment For Evaluating The Strength Of Abandoned Secured Landfill Site Of M/S. Grasim Industries Ltd, Nagda, Madhya Pradesh"
was carried out by National Environmental Engineering Research Institute, Hyderabad Zonal Centre. The report concludes as:
"Possibility of leaching of metals including mercury from the mercury bearing sludge and ash layers from the secured landfill is minimal. Two locations, one each in 15 upstream and downstream of secured land fill site were identified for drilling borewells and groundwater samples were collected from various depths at each location in order to assess the strength of the SLF. Mercury levels in the groundwater, collected from drilled sites, were below detectable levels. The groundwater quality of the monitored locations in the path of groundwater flow from SLF indicates that mercury was below detectable level. Furthermore, the new drilled borewells also did not show mercury levels in the groundwater. Based on the TCLP analysis of mercury bearing sludge and the groundwater quality, no leaching of mercury from the SLF was observed. This indicates that the SLF has the capacity of not allowing the chemicals from sludge to the groundwater and the SLF site is intact.
The present study revealed that the mercury sludge in SLF is stabilized and there is no considerable evidence for leaching of mercury from SLF. Geologically, the study area is comprised of Basalts rocks and has no permeability. However, the groundwater as well as soil quality surrounding the SLF site need to be monitored on annual basis."
The conclusion part of the report is enclosed.
Issue No 04-The unit using toxic chemicals resulting un- breathable atmosphere for residents of Nagda.
As mentioned in the above paragraph the unit is involved in the production of Chlorine based derivatives and to detect any fugitive emission proper sensor has been installed at prominent locations. The unit has provided proper scrubber system to control emissions. The unit has also provided all the stacks above 30 meter from ground for proper dispersion of pollutant.
In this industrial cluster, 03 numbers of Continuous Ambient Air Quality Monitoring System (CAAQMS) are established at following locations to monitor ambient air concentration of PM2.5, PM10, SO2, NO2, HCl, Cl etc. 16
1. Guest House No.2
2. Temple Guest House &
3. Chemical division Labor Club The CAAQMS data of the 01.08.2023 to 25.08.2023were collected. It was observed that the CAAQMS data showing that the air quality data are within the NAAQM standards. The data sheet of CAAQMS is enclosed.
Issue No. 05-The unit has not obtained the ground water extraction permission from CGWB.
As informed by the unit representative the unit does not have any borewell for extraction of ground water and all the water requirement is being fulfilled through Chambal river water and recycled water. The unit also reduced its water requirement after reuse of treated water of ETP and condensate. The unit consumes about 2600 KLD water in production about 650 KLD water is being recycled. The unit also intimated to CGWA, Bhopal on 06.10.2021 regarding no requirement of NOC as unit not extracting ground water. The letter is enclosed. The agreement of MPWRD and M/s Grasim industries is enclosed.
Issue No. 06 - Other substantial issues i.e. health related problems of nearby population, ground water and soil contamination in area and odour related issues were also mentioned in the report.
In compliance of the direction issued by MPPCB at time to time the unit has carried out various studies from central government institutes i.e. NEERI, NIREH to assess the environmental status of the area. The said studies covered all the aspects of health and environment as mentioned in the petition and implementations of the recommendations are under progress or completed. The main studies carried out in recent years are given below:
Brief about Health study by ICMR-NIREH Central Pollution Control Board (CPCB) issued direction on 19th February 2020 under section 18 (1) (b) of the Water (Prevention & 17 Control of Pollution) Act, 1974 to Madhya Pradesh Pollution Control Board (MPPCB). One of the specified direction states as:
"xiv. A detailed health study of Nagda region to be carried out in light of synergistic health effects of pollutant by engaging any reputed government institute working in the field of research in environmental health by MPPCB."
In compliance of the above direction MPPCB has issued direction under section 33/A of water (Prevention and Control of Pollution) Act 1974 to occupiers of the industries of Nagda including M/s Grasim Industries (Chemical Division) on 13th May 2020.
In compliance of the above, occupiers viz. M/s Grasim Staple Fibre Division, M/s Grasim Chemical Division & M/s Lanxess (I) Pvt Ltd, combindly awarded a health study to Indian Council Of Medical Research - National Institute For Research In Environmental Health (ICMR-NIREH), Bhopal (M.P.). The Terms of Reference (TOR) were finalized after due discussion among concern authority viz. CPCB, CGWB, MPPCB, Municipal Authority and occupiers. The final report was submitted by occupiers on 13th July 2022. The main recommendation of study as below:
Recommendations of the Study:
1. Even though a majority of surveyed population was found to be healthy the proportion of participants who were found to have abnormal findings in health assessments should be subjected to detailed investigation especially because the tests used in this study were meant for screening purposes.
2. Many of the health data obtained as part of this cross-
sectional studies such as blood pressure, spirometry and ECG reflects the need for further in-depth health evaluation of the community, especially keeping in mind the limitation of cross- sectional studies such as one time measurement, lack of populations exposure to such tests resulting in inadequate performance in effort dependent tests and residual confounding effects.
3. In the present study, majority of the participants showed normal neuro-behavioral functions further investigations are 18 recommended for the establishment of the neuro-behavioral diagnosis if any in screening positive participant in this study.
4. The abnormal lipid profile seen in multiple participants highlights the need for advocating for lifestyle modification in the community such an increasing physical activity, healthier diet including consumption of good quality fat.
5. One time measurement of gaseous pollutants may not reflect the dose-response relationship. Considering the known detrimental health effects of the gaseous pollutants their periodic or seasonal monitoring is recommended.
6. It is recommended to have a mechanism for periodic monitoring of ambient air pollutant concentration in the vicinity of the industrial region.
7. It is recommended to have periodic monitoring for detection of groundwater contamination by heavy metals at early stage and to prevent adverse health effects if any from the consumption of contaminated groundwater.
Brief about Ground Water study by CSIR-NEERI CSIR-NEERI, Hyderabad Zonal Centre has previously conducted groundwater quality assessment studies in and around Chemical Division, Grasim Industries Limited (GIL), Nagda during November-December 2017. Based on the recommendations of CSIR-NEERI, M/s GIL approached CSIR- NEERI to undertake a detailed study to assess the groundwater quality and identify the pollution source over a period of 4 hydrological cycles, this study started in 2018. Accordingly, to assess the groundwater quality over a period of 4 hydrological cycles and to identify the pollution source through integrated geophysical, stable isotopic and groundwater modelling studies is going on and based on the final recommendation further action will be taken.
This study started in 2018 in the buffer zone of 5 km surrounding the Chemical Division, Grasim Industry. The study is to be completed in 2024.
19Brief about Environmental audit carried out by CSIR- NEERI As per the direction of MPPCB, a study on "Environmental Audit of the Secured Landfill Site of Chemical Division Grasim Industries Ltd, Nagda, Madhya Pradesh" was carried out by National Environmental Engineering Research Institute, Hyderabad Zonal Centrein 5 Km radius of the SLF and completed in June 2021. The report concluded mainly that-
The heavy metal concentrations in the soils are below the screening level for Industrial area as per MoEF&CC Guidelines for contaminated sites in India.
The heavy metals are below TCLP concentration Limit as per Hazardous and Other Wastes (Management &Transboundary Movement) Rules, 2016.
The present study revealed that the mercury sludge in SLF is stabilized and there is no considerable evidence for leaching of mercury from SLF. Geologically, the study area is comprised of Basalts rocks and have no permeability. However, the groundwater as well as soil quality surrounding the SLF site need to studied at least once in a year.
Brief about Monitoring of odour and odours compound A study on "Monitoring of odour and odourous compounds at Grasim industries Ltd (Chemical Division)" was carried out by J.M. Environet Pvt. Ltd Gurugram and completed in January 2020. The conclusion part of the report enclosed.
Issues raised through objection dated 01.07.2023 The main issues raised by the applicants through objection filed on01.07.2023 are as given below:
Objection-01: The committee has not collected water samples from Kacchi Naali (industrial drain), Mehtwas, River Chambal at Bhagatpuri, Parmarkhedi, Bhimapura, Padliya Nala Nagda etc. 20 Reply: At the time of previous inspection committee visited the periphery of the industrial unit including back side of the unit at that time no waste water was found discharged from any industrial unit hence waste water sampleswere not collected, however samples from Mehtwas and Padliyanala were collected at that time During the visit on 23.08.2023, same site was visited with applicant and it was observed that due to rain, water was flowing in that drain hence sample has been collected.
Objection-02 The Unit is dumping huge quantity of chemical waste near railway track and no water sampling carried out from nearby location.
Reply: The brine sludge is being generated during production of Caustic for storage of the same the unit has constructed SLF which has Double Composite Liner System and designed as per the CPCB guideline, 2001.
The unit has obtained permission from MPPCB on 26.09.2022 for construction of new captive secured landfill site -II with the capacity of 45000 MT and this site is located near railway track. During visit construction work is under progress. No unscientific dumping of chemical sludge was observed.
The old and new secured landfill sites are located in nearby area and to monitor the ground water quality samples has been collected from piezometer in the presence of applicant. However, during previous visit of the committee, sampling was done from the same locations.
Objection-03 Various complaint made by the Honble Member of Parliament and local leader of political parties.
Reply: During the inspection and interaction with the officials, it has come to the knowledge that the similar types of complaints were received in various time intervals. The local administration and MPPCB already doing work on the same 21 issues as mentioned in the petition. Some importantcomplaints received and its action taken as given below :
1. Sh. Anil Firojiya Hon‟ble MP of Ujjain raised an issue of water pollution caused by Grasim group of industries and other industries of Nagda town in December 2019. In compliance of that a joint team of CPCB, Delhi and Regional Directorate, Bhopal visited the area further CPCB, Delhi issued a direction to MPPCB under section of 18(1) b of the Water (prevention & control of pollution) Act, 1974. In compliance of that MPPCB issued a notice to Units located in Nagda area including M/s Grasim Chemical Division on 13.5.2020. The copy of notice and work completed by the Unit enclose.
2. Sh. Bhuvneshwar Kalita and Sh. Jawahar Sirkar Hon'ble MP of Rajya Sabha forwarded a complaint letter related to the wastewater discharged by the Grasim group of industries and other industries of Nagda town in December 2022. The Regional Directorate of CPCB Bhopal investigated the matter thoroughly in November 2022 along with the complainant. The visiting team also interacted with other complainants of Nagda who sent their complaints at various time intervals. After inspection a letter has been issued to MPPCB on 09.01.2023 for further improvement by CPCB, Delhi.
3. With reference to public complaints of Nagda area Collector Ujjain constituted a team of six departments i.e. Health, agriculture, ground water board, labour department, SPCB, CPCB and district administration for thorough investigation of the area above committee visited the area in January 2020 and based on the inspection, instruction for further improvement has been given to unit.
Objection-04 A fire incident took place in Hydrogen tank and four workers seriously burnet.
Reply: The Fire incident took place on 23-03-2023 at 12 noon during yearly shutdown of MC-2 Plant due to heat up the bolts while using a Gas cutting torch. Due to heating of the bolts a flash fire with explosion occurred by entrapped hydrogen.
22In this incident one supervisor & 3 labours were affected. After first aid at Janseva Hospital Nagda one labour was discharged while other 3 person shifted to Choithram Hospital, Indore (Burn Speciality Hospital). After treatment at Choithram Hospital, Indore one person discharged on dated 31-03-2023 & remaining two people were discharge on 05-04- 2023. The fitness certificates of three employeesare enclosed.
Action Taken so far for improvement of environmental condition in Nagda Chambal river stretch from Nagda to Rampura declared as polluted river stretch based on the increased level of BOD level based on monthly water quality monitoring data. In compliance of the Hon‟ble NGT order in O.A. 673/2018, action plans for polluted river stretches was prepared and its execution is under progress. Measures taken by different government agencies to improve the water quality in Chambal River are as below:
1. The Municipal council of Nagda has prepared DPR for the sewerage line & treatment of domestic waste water generated from Nagda Town. The project is under consideration in M.P. Urban Development Company Bhopal (MPUDC). The letter given by the Nagda Municipal Corporation regarding latest status is enclosed.
2. PHED & the M.P. Jal Nigam Maryadith Periyogna scheme of Rs 29.29 Crore is already in implementation to supply potable water in affected village along the bank of Chambal River.
3. Industries like M/s Grasim Industries Ltd (Chemical Division), M/s Lanxess India Pvt Ltd and M/s Grasim Industries Ltd (SFD) Nagda have achieved zero liquid discharge.
Conclusion:
On the basis of the present inspection, it was observed that the unit has been maintaining Zero Liquid Discharge status by installation of MEE and ATFD since 23 2018 and no waste water found discharged during visit which is the main contention of the petition.
To control the emission from the stacks the unit has provided scrubbers. The manual monitoring values as well as CEMS data has been found within the limits given in consent.
The unit has installed CEMS system to monitor emission on real time basis and also installed PTZ cameras at two locations to observe live activity remotely and all data transmitted on MPPCB portal.
It is pertinent to mention that the district administration and MPPCB have already taken up the issues mentioned in the petition and various studies related to ground water, health, soil contamination and odour has been completed by central institutes very recently and execution work on the recommendation of studies are going on. The unit also informed that the recommendations/ suggestions made in the reports/studies are being implemented.
Recommendations On the basis of the above observations made during inspection of the committee, the following recommendations are made by the committee:
1. The unit should take measures to control the odour /smell in the area as per recommendations/suggestions in the odour related study conducted by M/s JM Enviro, Gurugram.
2. District Administration should ensure tap water supply in affected villages i.e. Pardi, Takrawda, Parmarkhedi etc under "Har Ghar Jal" Mission in light of high TDS in ground water of the village.
3. The unit should monitor the groundwater as well as surrounding the SLF site at least once in a year through NABL/EPA recognized and submit the report to MPPCB.24
4. The rain water harvesting structures should be constructed for ground water quality improvement in nearby villages in consultation with CGWA.
5. Health check up camps should be organized in nearby village in association with local health authorities.
6. Municipal Council, Nagda should expedite the approval & construction of Sewage Treatment Plant without further delay.
7. The municipal Corporation, Nagda should make a action plan for treatment of waste water generated from commercial activities and vehicle washing etc. in industrial area.
8. MPPCB and local authority should keep constant vigil over the industry."
13. During the course of hearing, it was argued that at present there are no violations at all and Learned Counsel for the applicant also submitted that at this stage in light of the report, the petitioner do not want to press the application further, in-case the recommendations of the committee are complied with by the project proponent.
14. Accordingly, we direct that the recommendations submitted by the joint committee must be strictly observed by the project proponent/respondents and the MPPCB will periodically check the unit and in-case of any violation the necessary action may be initiated according to rules.
15. With these observations the Original Application No. 02/2023 stands disposed of.
Sheo Kumar Singh, JM [ Dr. Afroz Ahmad, EM 08th December, 2023 O.A. No. 02/2023 (CZ) PN 25