National Green Tribunal
E Rajendran vs The Ministry Of Environment Forest And ... on 28 May, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.26 of 2019 (SZ)
&
I.A. No. 78 of 2021
(Through Video Conference)
IN THE MATTER OF
1. E. Rajendran, (Deceased),
2. E. Ashok Raj Kumar,
S/o Easwara Gowder,
Door No. 5/92, Thekkampatti Post,
Seeliyur (Via),
Mettupalayam Taluk,
Coimbatore District- 641 113.
3. Nithyadevi, aged about 32 years old
W/o E. Rajendran (Late)
4. Master Avinash (Minor), aged about years old
S/o E. Rajendran (Late)
Rep by his Mother and Natural Guardian,
Nithyadevi
(Both the applicant nos. 3 and 4 are residing at)
Door No. 5/92, Thekkampatti Post,
Seeliyur (via),
Mettupalyam Taluk,
Coimbatore District- 641 113
(Applicant nos 3 and 4 who are legal heirs
Of the 1st applicant / E. Rajendran (Deceased)
Are impleaded as additional applicants No. 3 and 4
As per the Order passed by the Hon'ble Tribunal
In I.A. No. 63 of 2020 in O.A. No. 26 of 2019
Dated 12.10.2020
....Applicant(s)
Versus
1. The Ministry of Environment, Forest and Climate Change,
Government of India
Rep. by its Secretary
Indira Paryavaran Bhavan,
Jorbagh Road,
New Delhi- 110 003
2. The Directorate of Industrial Safety and Health,
Chennai (DISH)
Formerly known as "O/o Chief Inspector of Factories)
[1]
Under Tamil Nadu Labour & Employment Ministry,
Rep by its Director of Industrial Safety and Health
No. 47/1, near Metro Water Rountana,
Thiru Vi ka Industrial Estate,
Guindy,
Tamil Nadu- 600 032
3. The Additional Director,
DISH, Coimbatore Region,
No. 525, Thalai Vasal Complex,
Cross Cut Road,
Coimbatore- 641 012
4. The Tamil Nadu Pollution Control Board,
Rep. by its Chairman
No. 76, Mount Salai Guindy,
Chennai- 600 032
5. The District Environmental Engineer
Tamil Nadu Pollution Control Board
Coimbatore North,
DEE Office
No. 5, Ramasamy Nagar,
Near Fire Service Station,
Kavundampalayam,
Coimbatore- 641 030
6. The Joint Chief Environmental Engineer,
Tamil Nadu Pollution Control Board,
JCEE Monitoring Office,
Plot No. E-55A, SIDCO Industrial Estate,
Pollachi Main Road, Kurchi
Coimbatore- 641 021
7. The District Collector,
District Collector Office,
State Bank Road,
Coimbatore- 641 018
8. The Sub-Collector
Coimbatore (North) Revenue Division,
Comibatore (North) Revenue Divisional Office,
Thudiyalur,
Coimbatore- 641 034
9. The Chairman & Managing Director,
ITC Limited,
Virginina House,
No. 37, Jawaharlal Nehru Road,
Kolkata- 700 071
10. The Chief Operating officer,
[2]
ITC Limited
Paper Boards & Specialty Paper Division Unit, (PSPD),
No. 106, Sardar Patel Road,
Secundrabad- 500 003,
Telangana State.
11. The Chief Executive officer,
ITC Limited
Paper Boards & Specialty Paper Division Unit, (PSPD),
No. 106, Sardar Patel Road,
Secundrabad- 500 003,
Telangana State.
12. The unit head,
ITC Limited,
Paper Boards & Specialty Paper Division Unit, (PSPD),
Vivekanandapuram Post,
Thekkampatti Village,
Mettupalayam Taluk,
Coimbatore District- 641 113
... Respondent(s)
For Applicant(s): Mr. Deivasigamani.
For Respondent(s): Mr. C. Kasirajan through Ms. Ashwini for
R 4 to R6.
Dr. V.R. Thirunarayanan for R7 and R8
Mr. Manishankar, Sr. Advocate along with
Mr. Rahul M. Shankar for R 9 to 12.
Date of Judgement: 28th May, 2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
JUDGMENT
1. The grievance in this application is that 12th respondent-ITC Limited is involved in manufacturer of Paper Boards and Speciality Papers Division Unit (PSPD)at Thekkampatti Village, Coimbatore District of which respondents 9 to 11 are the persons incharge of the management of the same. The unit is not functioning as per the terms and conditions of the [3] environment clearance as well as the consent granted by the Tamil Nadu Pollution Control Board. Further the allegations in the application was that the industry is situated at a distance of 4.8 kms from Bhavani River and they are discharging untreated effluents in the agricultural lands, including lands of the applicants which causes soil as well as water contamination. It is also mentioned in the application that the solid waste generated were dumped in the open ground and other waste materials were also dumped in the property belonging to them in an unscientific manner which causes air pollution. It was also contended that the emission of smoke from the industries also causes air pollution. Though complaints were made to several authorities, no action has been taken by them. On one of the occasions, it is alleged by the applicant that Tamil Nadu Pollution Control Board had issued a reply stating that the unit is having necessary consent and other licences to operate and dumping of waste is being done in the land fill site approved by the Board and as per the guidelines of the Central Pollution Control Board. It is also mentioned in the application that the fly ash generated during the course of manufacturing process and other products is not disposed of scientifically and also accumulation of the same causes air pollution and dust coming from the industry is deposited in the houses in the surround villages, causing health hazard. The applicant filed the above application seeking following reliefs:
a. Under the above said circumstances it is just and necessary that this Hon'ble Tribunal may be pleased to direct the respondent nos. 1 to 8 to pass an orders to shut down the 12th repsondent's factory in order to ensure that the air, water and soil are prevented from pollution caused by the 12th respondent's factory and also that the livelihood and life of the people of that area including the applicants [4] are safeguarded from the pollution caused by the 12th respondent's factory and thus render justice. b. Under the above said circumstances, it is just and necessary that this Hon'ble Tribunal may be pleased to direct the 12th respondent to pay Appropriate Compensation to the Applicants and other victims of Pollution of that area and also order for restitution of the property damaged and the restitution of environment for such area and thus render justice.
c. And pass such further or other orders as this Hon'ble Court may deems fit and proper in the circumstances of the case and thus render justice.
2. This Tribunal, since, wanted to ascertain the genuineness of the allegations made, without admitting the matter, had appointed a Joint Committee, consisting of a Senior Scientist from Central Pollution Control Board and Tamil Nadu Pollution Control Board to inspect the unit in question and consider whether the land fill has been properly maintained and they are complying all the norms and assess soil, water and air quality in that area and if they are not complying with the norms and if there is any contamination caused to air, water and soil, they were directed to take appropriate action in accordance with law and submit a factual and action taken report.
3. On 27.01.2020, this Tribunal had considered the interim report signed on 13.01.2020 by one of the members on the basis of the inspection conducted from 06.01.2020 to 08.01.2020 and the observations made by the them in the interim report was extracted in the order dated 27.01.2020 in para-2 which read as follows:
2.The Committee has submitted an interim report stating that inspection was carried out from 06.01.2020 to 08.01.2020 and made the following field observation:-
(i) The unit's manufacturing activities were under operation.
(ii) The ETP was also under operation and the treated trade effluent was being discharged on land for irrigation purposes.
(iii) There is no discharge of either untreated or treated trade effluent outside the unit premises and confirmed with the applicant Thiru. Ashok Raj Kumar. But he informed that [5] during rainy season the rain water will flows from the unit premises.
(iv) On inspection of the irrigation fields owned by the unit, it was observed that lot of sludge deposits were found all along the irrigation channels, which is evidence that the trade effluent was (by passed) discharged without adequate treatment to remove the suspended solids.
(v) Biological sludge generated in ETP is used as manure after vermin composting. The yard provided for composing is not adequate. During inspection, it is found that the composting being carried out in the open land.
(vi) The unit has provided sheds for the storage facility of boiler fuel, which is found inadequate. Lignite is still stored in the open space near standby boiler area which may carryover with rain water during rainy season and deposit in nearby agricultural land including applicant's land.
(vii) Previously, the unit had secured land fill facility for storage of plastic wastes which was used to store plastic wastes. At present the unit has closed the secured landfill facility after disposal of dumped plastic waste to cement industries for co-processing. At present the unit has provided concrete platform near the process area for storage of plastic waste ad sent to cement mill for co-
processing. Closed landfill site is digged to verify plastic waste is completed removed or not and no plastic is found.
(viii) Applicant showed the old plastic waste dump area as bunds, which was found with full vegetation and no access to verify. Further the committee asked the industry representatives to dugout bund by JCB. As informed by the complainant, the plastic waste is found dumped after digging the bund.
(ix) The process waste sludge (binding chemicals) was found dumped in the area, which cleaning activities is being carried out for installation of solar power system.
(x) Cogeneration plant with Boiler 60 T/Hr was under repair work during inspection on 06.01.2020 and the unit was in operation by operating the stand by Boiler 44 TPH. Boiler 60 TPH was put in operation evening 3.00 PM on 06.01.2020. The APC measures such as ESP with stack was under operation and the Boiler 44 TPH was stopped immediately.
(xi) OCEMS is not installed to the 44 TPH boiler stack.
(xii) Fugitive emission from storage yard of boiler fuel and bottom ash was observed during inspection. Lot of fine deposits were noticed near the storage yard which may carryover with rain water during rainy season and deposit in nearby agricultural land including applicant's land.
(xiii) The complainant informed that the seepage water from the industry was found during rainy seasons which is due to the industry geographical location explained in point 2.2. So, the industry shall provide concreted rain water harvesting pond around the premises to avoid seepage or can adopt any appropriate methods to avoid seepage water flowing to agriculture land."
4. Time was granted to the Committee to submit the final report and posted the case to 19.03.2020 for that purpose. On [6] 19.03.2020, this Tribunal had Considered the Joint Committee report signed by one of the members on 13.03.2020 and received on 19.03.2020 which was extracted in para 4 of the order dated 19.03.23020 which reads as follows:
4.Today, the Joint Committee has filed a report which reads as follows:
"1.0 Background The Hon'ble National Green Tribunal, Southern Zone, Chennai in the matter of original application No. 26 of 2019 filed by Thiru. E.Rajendran and Thiru. E. Ashok Raj Kumar against the unit of M/s. ITC Limited, directed on 13.12.2019 as;
"...we feel that it appropriate to constitute a Joint Committee, consisting of a Senior Scientist from Central Pollution Control Board and Tamil Nadu Pollution Control Board to inspect the unit in question and consider whether the "land fill" has been properly maintained and they are complying all the norms and assess soil, water and air quality in that area and if there is any violation, they are directed to take appropriate action in accordance with law and submit a factual and action taken report within a period of one month to this Tribunal..."
Accordingly, the Joint Committee inspection was carried out during January 06 to 08, 2020 and an interim report with following observations was submitted to Hon'ble NGT (SZ), Chennai.
i. The unit's manufacturing activities were under operation. ii. The ETP was also under operation and the treated trade effluent was being discharged on land for irrigation purposes.
iii. There is no discharge of either untreated or treated effluent outside the unit premises and confirmed with the applicant Thiru. Ashok Raj Kumar. But he informed that during rainy season the rain water will flows from the unit premises. 4 iv. On inspection of the irrigation fields owned by the unit, it was observed that lot sludge deposits were found all along the irrigation channels, which is evident that the trade effluent was (bypassed) discharge without adequate treatment to remove the suspended solids.
v. Biological sludge generated in ETP is used as manure after vermi composting. The yard provided for composting is not adequate. During inspection, it is found that the composting being carried out in the open land.
vi. The unit has provided sheds for the storage facility of boiler fuel, which is found inadequate. Lignite is still stored in the open space near standby boiler area which may carryover with rain water during rainy season and deposit in nearby agricultural land including applicant's land. vii. Previously, the unit had secured land fill facility for storage of plastic wastes which was used to store plastic wastes. At present the unit has closed the secured landfill facility after disposal of dumped plastic waste to cement industries for coprocessing. At present the unit has provided concrete platform near the process area for storage of plastic waste and sent to cement mill for co-processing. Closed landfill site is digged to verify the plastic waste is completed removed or not and no plastic is found.
[7] viii. Applicant showed the old plastic waste dump area as bunds, which was found with full vegetation and no access to verify. Further, the committee asked the industry representatives to 5 dugout bund by JCB. As informed by the complainant, the plastic waste is found dumped after digging the bund.
ix. The process waste sludge (binding chemicals) was found dumped in the area, where cleaning activities is being carried out for installation of solar power system. x. Cogeneration plant with Boiler 60 T/Hr was under repair work during inspection on 06.01.2020 and the unit was in operation by operating the stand by Boiler 44 TPH. Boiler 60 TPH was put in operation evening 3:00 P.M. on 06.01.2020. The APC measures such as ESP with Stack was under
operation and the Boiler 44 TPH was stopped immediately. xi. OCEMS is not installed to the 44 TPH boiler stack. xii. Fugitive emission from storage yard of boiler fuel and bottom ash was observed during inspection. Lot of fine deposits were noticed near the storage yard which may carryover with rain water during rainy season and deposit in nearby agricultural land including applicant's land. xiii. The complainant informed that the seepage water from the industry was found during any season, which is due to the industry geographical location explained in point 2.2. So the industry shall provide concrete rain water harvesting pond around the premises to avoid seepage or can adopt any appropriate methods to avoid seepage water flowing to agricultural land. 6 Subsequently, TNPCB has issued show cause notice under the Water (P&P) Act, 1974 and the Air (P&P) Act, 1981 to the industry on 10.01.2020. Upon the request of committee, the Hon'ble National Green Tribunal (Southern Zone), Chennai considered the progress of the work done by the committee and granted time for filing the final report. 2.0 Detailed Analysis of Environmental Pollution:
The Joint Committee collected samples of water, soil, air (source & ambient) at various locations and results are submitted below:
Effluent Treatment Plan samples:
Treated
Combined effluent
Treated pumping
Effluent tank
S. Parameters Unit ETP (ETP (sued for
Inlet Outlet and irrigation
No. treated on its
sewage) own
land)
1 pH@250C 7.84 8.56 8.51
2 Conductivity µs/cm 4160 2320 2330
3 Total
Suspended mg/l 2688 16 22
Solids
4 Total Dissolved
mg/l 3830 4152 1308
Solids
5 BOD for 3 days
@ mg/l 580 10 8
270C
[8]
6 COD mg/l 3760 96 72
7 Ammonical mg/l <2.0 <2.0 <2.0
Nitrogen
8 Total Kjeldhal mg/l 5.6 <5.0 <5.0
Nitrogen
9 Sulphide mg/l <1.0 <1.0 <1.0
10 Phenolic mg/l 0.01 <0.001 <0.001
Compounds
11 % Sodium % 49 40 35
12 Iron Total mg/l 1.99 0.26 0.33
13 Total Chromium mg/l 0.2 <0.01 <0.01
14 Copper mg/l 0.815 0.0312 0.0812
15 Zinc mg/l 0.2956 0.1668 0.1347
16 Lead mg/l 0.0319 <0.015 <0.015
17 Cadmium mg/l <0.000 <0.0008 <0.0008
8
18 Nickle mg/l 1.0728 0.0892 0.314
19 Manganese (as mg/l <0.01 <0.01 <0.01
Mn)
20 Mercury (as Hg) mg/l 0.27 <0.001 <0.001
21 AOX mg/l 0.33 0.18 ND
The treated effluent parameters are within the limits prescribed by the TNPC Board. The analysis result of AOX confirmed that no bleaching activity is carried out by the industry.
i. Ground and Surface Water Samples:
Duraisamy Thottam Open well at Mr. Bore Well at Mr. Kumar Thottam Kumachiparai Odai near Mr. irrigation land Bore well at Parameters Duraisamy industry' s Open Well at Ashok Raj Mr. Pettaiyan Thottam S.NO.
Unit Thottam 1 pH @ 250C 8.66 8.63 9.14 8.57 8.57 2 Conductivity µs/cm 1414 1260 817 1592 1905 3 Total mg/l 4 4 6 6 4 Suspended Solids [9] 4 Total mg/l 1086 926 412 952 1240 Dissolved Solids 5 BOD for mg/l <2 <2 2 2 <2 3 days @ 270C 6 COD mg/l 8 8 8 8 8 7 Ammonical mg/l <2.0 <2.0 <2.0 <2.0 <2.0 Nitrogen 8 Total Kjeldhal mg/l <5.0 <5.0 <5.0 <5.0 <5.0 Nitrogen 9 Sulphide mg/l <1.0 <1.0 <1.0 <1.0 <1.0 10 Phenolic mg/l <0.001 <0.001 <0.001 <0.001 <0.001 Compounds 11 % Sodium % 19 23 39 35 44 12 Iron Total mg/l <0.05 <0.05 <0.05 <0.05 <0.05 13 Total mg/l <0.05 <0.05 <0.05 <0.05 <0.05 Chromium 14 Copper mg/l 0.0465 0.0888 0.0612 0.0314 0.0319 15 Zinc mg/l 0.0456 0.0564 0.0643 0.142 0.1586 16 Lead mg/l <0.015 <0.015 <0.015 <0.015 <0.015 17 Cadmium mg/l <0.0008 <0.0008 <0.0008 <0.0008 <0.0008 18 Nickle mg/l 0.0512 0.0632 0.0932 0.0814 0.0592 The ground and surface water parameters are within the permissible limits for irrigation and livestock. At present no contamination of ground/surface water observed due to industrial activity. In all the ground/surface water samples, Nickle is found slightly higher than the drinking water standard 0.02 mg/l, which may be due to natural resources.
ii. Soil Samples:
Kumachiparai
Parameters
yard of ETP
Old storage
Old storage
Industry' s
near Odai
Mr. Ashok
with fresh
(Reference
Sediment
land with
irrigation
Thottam
effluent
treated
yard of
bottom
sludge
Kumar
water
S.No.
Odai
sample
from
ash
Unit
Soil
Raj
Soil
1 pH 7.82 6.87 6.76 7.91 8.07 7.85 8.08
2 EC ds m-1 0.36 0.39 0.36 0.92 0.47 0.57 0.45
[10]
3 Organic % 0.97 0.86 0.45 0.79 0.35 0.79 0.77
Carbon
4 Available kg/ha 56 89.6 78.4 123.2 145.6 212.8 190.4
Nitrogen
5 Available kg/ha 10 11 10 10 11 12 12
Phosphorous
6 Available kg/ha 112 64 94 221 174 218 192
Potassium
7 Available mg/kg 20.76 28.92 8.42 3.51 11.74 5.5 9
Iron
8 Available mg/kg 38.84 20.58 15.2 27.56 39.74 25.74 34.36
Manganese
9 Available mg/kg 9.81 4.43 6.17 12.06 10.88 9.62 10.34
Zinc
10 Available mg/kg 14.34 9.45 8.48 4.48 12.95 11.92 3.73
Copper
11 Total mg/kg BDL BDL BDL BDL BDL BDL BDL
Cadmium
12 Total mg/kg 19.6 20 12.4 36 11.9 18.3 BDL
Chromium
13 Total Lead mg/kg 3.1 BDL 1.11 BDL 2.3 BDL BDL
14 Total Nickel mg/kg 2.8 BDL BDL 9.1 16.9 4.9 BDL
15 Total mg/kg 0.1 0.01 0.01 0.01 0.008 0.03 0.01
Mercury
16 Sodium mg/kg 5.22 11.53 5.75 10.28 9.9 17.18 11.91
Adsorption
Ratio
The industry is carrying out cultivation with treated effluent and fresh water. The soil samples were collected by the committee in both the locations as well as in the complainant's cultivation land and odai. The soil sample collected in the field using fresh water is taken as a reference soil sample to compare with the quality of soil samples are traces of heavy metals presence as compared with the reference sample. The traces of heavy metals may be due to the past discharge of partial/untreated effluent. However, the presence of heavy metals in the soil is lesser as compared with the compost standards for agricultural purpose, which indicates that there is no damage in the soil.[11]
iii. Source Emission Samples:
The source emission monitoring for the parameters PM, SO2 and NO2 was carried out in the stack attached to 60 TPH boiler installed at co-gen power plant. The analysis result reveals that SO2 and NO2 are exceeding the prescribed standard.
Parameters Without 6% O2 Correction Without 6% O2 Correction
Location PM SO2 * NO2 * PM SO2 NO2
60 TPH 22.0 922 191 47.5 1982.3 410.65
boiler (Co- mg/Nm3 mg/m3 mg/m3 mg/Nm3 mg/m3 mg/m3
gen power
plant)
Standards - - - 150 600 300
mg/Nm3 mg/Nm3 mg/Nm3
i.Ambient Air Quality:
The Ambient Air Quality survey was carried in three locations downward and upward wind direction for 24 hours. The report shows PM10, SO2 and NO2 are within the notified ambient air quality standards.
Parameters
PM 10 µg/m3 SO2 µg/m3 NO2 µg/m3
Locations
Applicant's
agriculture land 37.0 <4.0 14.0
(Upward Wind)
R&D Building in
TC (Downward 37.0 4.0 16.0
wind)
Near ETP
(Downward 49.0 6.0 16.0
wind)
AAQ Standards 100 80 80
3.0 Status of Online Continuous Emission/Effluent Monitoring System (OCEMS) The unit has installed Online Continuous Emission Monitoring System in the 60 TPH boiler for the parameters PM, SO2, NO2 and only the parameter PM is connected to TNPCB sever. This system installed is not in appropriate location which is nearer to the disturbance point.[12]
The unit has informed that the Online Continuous Emission Monitoring System is not installed in the standby 44 12 TPH boiler and this boiler is being operated only whenever required.
As per the CPCB's OCEMS guidelines, the entire industrial boiler mandate to install Online Continuous Emission Monitoring System for the parameters PM, SO2 and NO2. The deadline given by the CPCB for installation of OCEMS and connectivity to server was till February 2017. The unit has installed Online Continuous Emission Monitoring System for the parameters pH, TSS, COD, BOD, Temperature and outlet flow and connected to CPCB and TNPCB server.
4.0 Environmental Compensation Calculation The following major violations are considered for the calculation of Environmental Compensation:
i. Non installation of OCEMS in 44 TPH boiler. ii. Dumping of plastic wastes inside the unit premises. iii. Exceedance of source emission parameters. iv. Traces of heavy metals present in soil due to past discharge of partially/untreated effluent. The Joint Committee adopted by CPCB methodology for assessing Environmental Compensation for the unit of M/s. ITC Limited, Paper Boards and Specialty Boards Division, Unit: Kovai Red-Large Category Pulp & Paper (Waste paper based without bleaching process to manufacture Kraft Paper) unit.
Environmental Compensation formula = PI x N x R x S x LF. PI - Pollution index for Pulp & Paper unit - 80 (Red Category) As per the B.P. No.06 dated 02.08.2016 vide 13 serial No.1018 - Pulp & Paper (Waste paper based without bleaching process to manufacture Kraft paper) comes under Red category and the unit GFA is 47478.68 Lakhs comes under large classification (Red-Large).
N - Number of days for which violation took place - 1106 days. (01.03.2017 to 11.03.2020) Period taken after the deadline (28.02.2017) for installation of Online Continuous Emission Monitoring System to the boiler stack issued by the CPCB.
R - Factor in Rupees - Rs.250/-.
S - Scale of operation - 1.5 for large scale unit. LF - Thekkampatty Village Panchayat Population is 12,414 as per the 2011 census which is less than one million, Hence location factor - 1. Hence, EC = 80x1106x250x1.5x1 =Rs.331.80 Lakhs.
Interim Environmental Compensation calculated for 1106 days is Rs.331.80 Lakhs.
Environmental Compensation of Rs.30,000/- per day w.e.f. 12.03.2020 shall be imposed until compliance. 5.0 Summary and Recommendations: (including interim report observations)
(i) The analysis results of the samples collected by the committee shows no significant impact in the soil and ground water/surface water.
(ii) The traces of heavy metals present in the soil samples are less as compared with compost manure quality. However, this indicates the past discharge of partially/untreated 14 effluent. The industry should ensure no discharge of partially/untreated effluent. [13]
(iii)The unit has installed flow meter at outset of ETP only. Flow meter shall be provided at inlet of ETP in order to quantify total effluent generation and treated. These flow meters shall be connected to the online services of CPCB and TNPCB. (iv)OCEMS installed in 60 TPH boiler for the parameters PM, SO2 and NO2. SO2 and NO2 analyzer shall be provided with calibration facility and same be connected to CPCB and TNPCB server. OCEMS shall be placed in appropriate location as per emission regulation part- III.
(v) OCEMS shall be installed in 44 TPH boiler for the parameters PM, SO2 and NO2 with gaseous calibration and storage facilities shall be provided for vermi composting of biological sludge.
(vi)Proper processing and storage facilities shall be provided for vermi composting of biological sludge.
(vii) Adequate storage facilities shall be provided for the boiler fuel (lignite & biomass) and avoid open storage. The facility shall be provided proper drainage system.
(viii) Adequate control measures shall be provided and maintain regularly to avoid fugitive emission from storage yard of boiler fuel and bottom ash.
(ix)Open dumping of plastic waste and process waste sludge (binding chemicals) found during committee visit shall be removed and disposed properly. The industry shall ensure no open dumping of wastes.
(x) The complainant informed that the seepage water from the industry was found during rainy season, which is due to the industry geographical location. So, the industry shall provide garland drain system around the premises and connect to concreted rain water harvesting pond to avoid 15 seepage or can adopt any appropriate methods to avoid seepage water flowing to agriculture land.
(xi)The interim environmental compensation calculated till 11.03.2020 is Rs.331.80 Lakhs and thereon each day Rs.30,000/- shall be levied until compliance."
5. Since this Tribunal felt on going to the final report that there arises some substantial question of environment, the matter was admitted and notice was issued to respondents 9 to 12 and posted the case to 12.05.2020 for appearance of the parties and also for filing independent response.
6. The 1st respondent-MoEF&CC has filed a reply stating that on the basis of allegations made in the application, there is nothing to be done by the 1st respondent-Ministry and it is for the Central Pollution Control Board and State Pollution Control Board to implement the waste management rules and also implement the environment protection rules in its letter and spirit and to take action, if there is any violation is found. [14]
7. The Pollution Control Board also filed an independent affidavit regarding the nature of action taken by them and imposition of an interim compensation of Rs. 331.80 lakhs calculated till 11.03.2021 and thereafter, directed to remit at the rate of Rs. 30,000/- per day with effect from 12.03.2021 till the compliance of the directions issued by the Board and they have produced the show-cause notice issued with the directions.
8. The respondents 9 to 12 entered appearance and filed detailed counter contending that the applicants have not come with the clean hands and some of them are employed either on contract basis or on some other basis connected with the activities of the 12th respondent unit and the brother of one of the applicant is a Manager of one of the unit and since there was some personal vendetta for not complying with the demands made by the applicants that the present application has been filed as coercive method to force the 12th respondent unit to comply with their illegal demands. They have also contended that they have obtained all the necessary clearances and permissions and consent as required under the Environmental Impact Assessment Notification, 2006 and also under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention And Control Of Pollution) Act, 1981 and they have provided all mechanism to protect environment. They are not discharging any treated effluent into the River Bhavani. The waste water generated is treated and is being re-used in their units itself and the excess water is being used for irrigation in the land purchased by them for such purpose. They have also detailed the mechanisms that have been provided by them to [15] meet the possible pollution that is likely to arise on account of operation of the unit. They have also produced the documents to show that the ambient air quality and other pollution norms are in order. They also mentioned that there is no possibility of discharging any water into River Bhavani as it is situated 5kms away from that unit. They have taken all steps to discharge plastic waste generated and also the fly ash that is generated on account of use of fuel that is being used in that unit. Pollution Control Board is regularly monitoring the unit as well. They also mentioned that they have complied with the directions of the Central Pollution Control Board regarding the connectivity by providing Continuous Online Monitoring System (OCMS) for the main motor that has been provided and the other motor that has been mentioned is only a standby in respect of which there is no necessity for providing the same. However, they have complied with the direction as well subsequently. Further, as regards the environmental compensation is concerned, the same has been challenged before the Hon'ble High Court of Madras by filing W.P. No.10495 of 2020 and the Hon'ble Madras High Court by order dated 21.08.2020 admitted the matter and stayed the recovery of amount but directed the unit to comply with the defects pointed out by the Pollution Control Board in their notice and the submission made by the Learned Senior Counsel that the defects pointed out are nearly complied with was recorded. So according to them, the application lacks merit and they prayed for dismissal of the application.
9. The applicant filed rejoinder to the reply submitted by respondents 9 to 12 wherein they have reiterated the allegations [16] made by them in their application and also reiterated the observations made by the Joint Committee regarding the deficiencies noticed at the time of inspection. They have further submitted that some of the units which have started and they wanted to have some effluent discharge system near the Bhavani River at some places and since it was found to causing pollution the same has been shifted to other place. They have denied several allegations made by respondents 9 to 12 in their counter statement and further contended that even if they are somehow connected with the activity of the 12th respondent as regular employees or contractual employees that will not prevent them in projecting the environmental issues that is being caused in the locality on account of the operation of the 12th respondent- unit and they wanted directions to be issued by this Tribunal to the 12th respondent to comply with the directions issued by the Joint Committee and also directions issued by Pollution Control Board in Show-Cause Notice and the compliance of the same has to be monitored by regulators. They wanted to accept their contentions and pass appropriate orders accordingly.
10. The applicants also filed I.A. No. 78 of 2021 for appointment of independent nodal agency for ensuring implementation of the recommendations of the Joint Committee of the final report dated 13.03.2020. In the affidavit itself, they have mentioned that the same will have to be monitored either by regulators, namely, respondents 4 to 8 or by any independent agency. It will be seen from the report submitted by the Pollution Control Board itself that on the basis of the recommendations made by the Committee certain directions and Show-Cause Notice had [17] been issued and they are monitoring the compliance of the directions issued by Joint Committee as per provisions of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention And Control Of Pollution) Act, 1981 and also under the Environment (Protection) Act. It is the duty of the regulator, namely, Pollution Control Board to monitor the implementation of the conditions imposed and take appropriate action in case of violations found. So under such circumstances, there is no necessity to appoint any independent agency for supervising the compliance of the directions issued by the Committee to the 12th respondent. So, we feel that directing the Pollution Control Board itself to monitor the compliance of the recommendations made by the Committee while disposing the case will be sufficient and with that observation I.A. No. 78 of 2021 can be disposed of. Accordingly I.A. No. 78 of 2021 is disposed of with above observation.
11. When the matter came up for hearing today Mr. Deivasigamani represented the applicant. Mr. C. Kasirajan through Ms. Ashwini represented respondents 4 to 6. Dr. V.R. Thirunarayanan represented respondent 7 and 8 and Mr. Manishankar, Sr. Advocate along with Mr. Rahul M. Shankar represented respondents 9 to 12.
12. Learned Counsel appearing for the applicants submitted that there are lot of violations found by the Joint Committee which is evident from the Joint Committee report filed in March, 2020 and it is highly necessary that those recommendations made by the Committee have to be implemented by the respondents 9 to
12. He has also contended that there are other violations of eco- [18] sensitive zone and non-compliance of guidelines given by the Central Pollution Control Board regarding the utilisation of the effluent within their factory premises itself. It is also contended by the applicants and also mentioned by the Learned Counsel appearing for the applicants that the unit itself was established in eco-sensitive zone against the notification issued.
13. On the other hand, the Learned Counsel appearing for the Pollution Control Board submitted that they have already issued Show-Cause notice and also imposed environmental compensation and also issued certain directions under Section 33(A) of The Water (Prevention and Control of Pollution) Act, 1974 and 31(A) of the Air (Prevention And Control Of Pollution) Act, 1981 and the imposition of environmental compensation was challenged by the 12th respondent before the Hon'ble High Court of Madras and a stay has been granted in respect of implementation of recovery of the compensation alone but as regards the other conditions are concerned, there was direction to comply with the same by the 12th respondent unit. They will be taking all necessary steps to monitor the compliance of the directions issued by them as well as the recommendations made by the Committee and if there is any violation they will take appropriate action against the 12th respondent in accordance with law.
14. Learned Senior Counsel appearing for the 12 th respondent submitted that though there in no necessity of providing Continuous Online Monitoring System for standby motor but in order to comply with the direction, they have connected that also now and most of the directions given by Pollution Control Board [19] in their notice has been complied with and they will take all necessary steps to prevent any possible pollution that is likely to be caused on account of the operation of their unit and strictly comply with the conditions imposed by the Pollution Control Board in the consent granted.
15. We have considered the reports submitted by the Joint Committee as well as pleadings in detail and also submission made by the Leaned Counsel for the parties. During the pendency of the application, 1st applicant died and applicants 3 and 4 were impleaded as his legal representatives as per order in I.A. No. 63 of 2020 dated 12.10.2020.
16. The points arose for consideration are:
i. Whether the 12th respondent unit has committed any violation of conditions imposed?
ii. What is the nature of directions to be given for making the functioning of 12th respondent unit in an environmental friendly manner and also what is the nature of directions to be given for monitoring the compliance of the recommendations made by the regulators?
iii. Reliefs and Costs.
Points
17. As regards the maintainability of the application by applicants on the ground that they have got some connections with the functioning of the 12th respondent unit as employees either permanent or contract is concerned that will not affect their right to file application before the Tribunal in respect of any environmental issue caused which affects their agricultural land as well as land in the area and affecting the environment of area [20] on account of operations of 12th respondent unit. So on that ground the submission made by the 12th respondent that the application is not maintainable cannot be accepted.
18. As regards the establishment of unit in an eco-sensitive zone against the recommendations of Sri. Swaminathan Committee etc. it cannot be gone into by this Tribunal at this stage as the 12th respondent unit has been established long ago on the basis of the environmental clearance and other consent given by the regulators in accordance with EIA Notification, 2006 and also under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention And Control Of Pollution) Act, 1981 and none of those clearance were challenged by the applicants at the appropriate time and as such the establishment of the unit at that place after such a long time cannot be challenged by the applicants as even as per the provisions of the National Green Tribunal Act, 2010 the same will have to be challenged within six months from the first cause of action arose and if there is any delay that can be done within a further period of not exceeding two months thereafter and not beyond that period. Further, even in respect of statutory clearances granted, challenge of which can done by the aggrieved party by filing an appeal under the respective statues and if it is not being exercised by the parties, then they cannot indirectly challenge the establishment of the unit by filing such an application after a long time but applicants are entitled to proceed with the matter if the functioning of unit causes pollution and non compliance of the direction issued and consents granted. Since it is being a recurring cause of action, whenever such a cause of [21] action is brought to the notice and any pollution caused on account of the same, then that can be agitated by the applicant before this Tribunal. When they are seeking for environmental compensation as well such an application is maintainable before this Tribunal.
19. In order to ascertain the violations alleged to have been committed by 12th respondent unit this Tribunal had appointed a Joint Committee consisting of Central Pollution Control Board as well as State Pollution Control Board and they have submitted a detailed report showing the nature of violations committed by the 12th respondent and also assessed the environmental compensation payable for the violation committed relying on the direction issued by Principal Bench in certain matters of similar nature on the basis of which certain guidelines have been evolved by Central Pollution Control Board for such purpose. The nature of violations and the recommendations given were extracted by this Tribunal in the earlier paragraphs, so we are not repeating the same now. Further, it is also seen from the reports submitted by the Pollution Control Board that they have already taken action against the 12th respondent on the basis of the recommendations made by the Committee by filing the report dated nil filed on 15.09.2020 wherein they have stated that they have inspected the unit on 10.08.2020 and noticed the following things:
TNPC Board's Directions vide Proc. No. T1/TNPCB/F.0038/CBN/RL/W&A/2020 dated 17.03.2020
1. The unit shall The unit has The unit has no The unit shall remit the interim requested to remitted the EC remit the interim environmental waive the EC of amount Rs. environmental compensation of vide letter 331.80 lakhs in compensation of Rs. 331.80 Lakhs dated this regard, the an amount of Rs.
calculated till 12.08.2020. TNPC Board had 331.80 Lakhs [22] 11.03.2020 for conducted calculated till violations made by personal hearing 11.03.2020 for the unit. meeting with the violations made unit of M/s ITC by the unit limited Paper before December, Boards and 2020.
Specialty Boards
Division unit: The unit was
Kovai on also instructed to
07.08.2020 @ carry out
10:11 AM at improvement
Corporate office, measures as
TNPCB, Guindy, mentioned in the
Chennai. During minutes of
personal hearing meeting held on
meeting, the unit 07.08.2020 with
has requested to the unit
waive the EC. representatives.
2. The unit shall remit an amount of Rs. 30,000/-- w.e.f 12.03.2020 until compliance of the following:
i. The industry • Unit does not have The Unit has The unit shall ensure provision to provided shall utilize no discharge discharge effluent the treated of partial/untreated Treatment Plant effluent for partially/untre effluent for irrigation. for the irrigation ated effluent Unit has Effluent treatment of after meeting in to the soil Treatment Plant effluent the (ETP) of adequate generation from standards capacity to treat the the prescribed by effluent. manufacturing the TNPC • Unit analyses the process and Board at all samples at inlet and treated effluent times.
outlet of ETP on daily is being utilized basis. TNPCB for irrigation.
officials collect the During
samples on monthly inspection the
basis and share the ETP was found
reports. ETP has in operation.
online continuous
monitoring system
and data is
transmitted on a
continuous basis. All
of the above
indicates full
compliance with the
norms.
ii. The industry • Flow meter is The unit has The unit
shall provide installed at ETP provided flow shall
flow meter at inlet and connected meter at the maintain the
inlet of ETP in to ETP online inlet of ETP and flow meters
order to instrument. Unit connected to at the inlet
quantify total has engaged M/s water Quality and outlet of
effluent Ideatech for Watch Centre, ETP at all
generation and installation and TNPCB to times.
treated and its data transmission. monitoring the The unit
shall be Data is being actual flow of shall connect
connected to transmitted to effluent. Yet to the flow
the online water quality watch be connected meters at the
servers of server of TNPCB with CPCB. inlet and
CPCB and since 26/06/2020. outlet of ETP TNPCB. Attached the to the online screenshot as servers of annexure (4). CPCB before September, 2020.
iii. The industry • Data from NO2 and The unit has The unit
shall provide SO2 analysers is not engaged M/s shall provide
calibration connected to CPCB Environment SA calibration
facility in the and TNPCB server India Pvt facility in the
OCEMS basedon the Limited to OCEMA
installed in 60 understanding that provide installed in
TPH boiler for plant is not calibration 60 TPH boiler
[23]
the qualified as software to for the
parameters identified CPP as online NO2 and parameters
PM, NO2 & per CPCB letter SO2 analyzer of PM, NO2 and
SO2, data from cited above. 60 TPH boiler SO2 analyzers
NO2 & SO2 • However unit has and to connect to b
analysis to be engaged M/s to CPCB and connected to
connected to Environment SA TNPCB server CPCB and
CPCB and India Pvt. Limited to (P.O attached) TNPCB
TNPCB server. provide calibration server by
software to online September,
NO2 and SO2 2020 as
analyzer of 60 TPH assured.
boiler and to
connect to CPCB
and TNPCB server.
We have planned to
complete the work
by 30.09.2020.
Purchase order
issued for the same
is enclosed as
annexure (5). This
work has got
delayed due to
COVID 19 for which
conditions/restricti
ons were imposed
by the District
Administration for
travel from other
places to site.
iv. The OCEMS • Unit has engaged The unit has The OCEMS
attached in M/s engaged M/s attached in
the 60 TPH Cholamandalam Cholamandalam the 60 TPH
boiler shall be MS risk services Ltd MS risk services boiler in
placed in for advisory Ltd for advisory appropriate
appropriate consultancy for consultancy for location as
location as per relocation of relocation of per emission
emission OCEMS of 60 TPH OCEMS of 60 regulations
regulations boiler to meet the TPH boiler to part-III by
part-III directions. We are meet the October,
planning to directions (PO 2020 as
complete the work attached) assured.
by 31.10.2020.
Purchase order
issued for the same
is enclosed as
annexure (6). Work
has got delayed due
to COVID 19 for
which
conditions/restricti
ons were imposed
by District
Administration for
travel from other
places to site.
v. The industry • Addressed under The unit has The unit
shall install Point (1) installed online shall connect
OCEMS in 44 Continuous the
TPH boiler for Emission Continuous
the Monitoring Emission
parameters System Monitoring
PM, NO2 & (OCEMS) for 44 System to the
SO2 with TPH standby CPCB and
gaseous boiler (Photo provide
calibration attached) and calibration
facility and connected to facility in the
connected to Care Air Centre. OCEMS
CPCB and TNPCB. Yet to installed in
TNPCB server. be connected 44 TPH boiler
with CPCB. for the
parameters
[24]
PM, NO2 &
SO2 server by
September,
2020 as
assured.
vi. The industry • Unit has already The unit has The unit
shall provide started constructing provided shall provide
proper additional concrete additional vermi proper
processing platforms in the composting pits processing
and storage composting yard. with shed and and storage
facilities for We are planning the the unit has facilities for
vermi to complete the started vermin
composting of work before construction of composting
bio sludge. 30.09.2020. Photos shed for the of bio sludge
of the site showing storage of by
the progress are compost, September,
enclosed as platform with all 2020 as
annexure (7). are in nearing assured.
completion
stage
(Photograph
attached.)
vii. The industry • The unit has The unit has The industry
shall provide constructed fuel stored the shall provide
proper sheds with lignite in open proper
processing investment of Rs. area till now. processing
and storage 150 Lakhs for (Photograph and storage
facilities for storage of lignite & attached). facilities for
the boiler fuel saw dust since The Unit as the boiler
(Lignite & 2015-16. Extension started fuel (Lignite
biomass) and of liginite shed with construction of and Biomass)
avoid open additional extension of with proper
storage. This investment of Rs. existing fuel drainage
facility shall 70 lacs is under shed. system and
be provided progress to avoid (photograph avoid open
with proper open storage of the attached). storage by
drainage fuel. We are January,
system. planning to 2021 as
complete the work assured.
by 31.01.2021.
Photos of
construction of the
extension of shed
are enclosed as
annexure (8).
viii. The industry • Extension of the The unit has The unit
shall provide fuel shed is under started shall operate
adequate construction as construction of and maintain
control mentioned above. It extension of the water
measures and is planned to partly existing fuel sprinklers
maintain cover sides of the shed to avoid continuously
regularly to shed to avoid open storage of so as to
avoid fugitive fugitive emissions fuels and control
emission from from storage area. planned to fully fugitive
storage yard of Bottom ash is being cover the emission
boiler fuel and disposed off to fly storage sheds. from the
bottom ash. ash brick The unit has unit's
manufacturers as provided water premises.
on a regular basis. sprinklers in
fuel, biomass
and fly ash
storage area.
ix. The industry • Plastice waste and The unit has The industry
shall remove process waste disposed the shall ensure
the open sludge were plastic waste no open
dumping of removed from solar and process dumping of
plastic waste plant area to the waste sludge any wastes at
and process cement industries were removed all times.
waste and for co-processing. from solar plant
process waste Unit is storing the area to the
sludge waste plastic and cement
(binding sludge over industries for
chemicals) concrete platform co-processing.
[25]
found during for regular disposal
committee
visit and
dispose it
properly. The
industry shall
ensure no
open dumping
of waste at any
time.
x. The industry • Unit has designed The unit has The unit
shall provide the scheme for created pits for shall
garland drain collection of roof storage of rain complete the
system around water from waste water runoff in rain water
the premises paper yard and fuel low lying area harvesting
and collected yard to divert rain and the unit pits and roof
to concerted water to storage has proposed to water
rainwater pond with collect the roof collection
harvesting investment of Rs. water in storage pond to avoid
pond to avoid 53 lakhs to avoid pond. runoff water
seepage or can water going to and seepage
adopt any agricultural land. water flowing
appropriate We are planning to to applicant's
methods to complete the same agriculture
avoid seepage by 31.03.2021. land by
or can adopt • Unit has created March 2021
any rain water storage as assured.
appropriate pits to collect the
methods to rain water run-off
avoid seepage to avoid seepage
water flowing and flow thereof to
to agriculture nearby fields.
land.
Sl. Major violations Compliance details Present Recommend
No. considered for furnished by the unit as status of ations.
levy of on 07.08.2020 compliance
environmental based on the
compensations inspection
on
10.08.2020
Major violations for the calculation of environmental compensation:
1. Non-installation • Unit has 60TPH Boiler The unit has The unit
of Online in operation to meet installed shall connect
Continuous steam and power Online the Online
Emission demand of the plant on Continuous Continuous
Monitoring a continuous basis. It Emission Emission
System (OCEMS) has Online Continuous Monitoring Monitoring
for 44 TPH Emission Monitoring System System to
standby Boiler. System (OCEMS) and he (OCEMS) for the CPCB
data is being 44 TPH before
transmitted to TNPCB standby September,
since 2013. Boiler (Photo 2020.
• 44 TPH boiler is a attached)
standby boiler meant for and
operation only when the connected to 60TPH boiler is in- care Air operational being under Centre, breakdown or for annual TNPCB. Yet maintenance or for to connect to statutory inspection. CPCB.
• In last 5 years (2015-
2020), the 44 TPH
standby boiler was
operated for around 4%
of the calendar hours
only when the 60TPH
boiler was not
operational for above
reasons.
• Standby boiler has 3
[26]
fields ESP with 67
meters height chimney
and SPM levels were
maintained in
accordance with the
consented standards.
The data is measured at
stack offline and
reported to the Board.
• Unit has bondfide belief
that the standby boiler
need not be provided
with online monitoring
instrument.
• However, unit has
engaged M/s Emerging
Technology, Chennai to
supply and install before
30.09.2020 Copy of the
Purchase order is
enclosed as annexure (1)
2. Dumping of • In 2010, ITC signed The unit has The unit
plastic waste agreements with cement not initiated shall dispose
inside the unit plants for supply of any steps to the dumped
premises waste plastics to them clean the plastic
for Co-processing. Since dumped wastes inside
2010, ITC updated the plastic waste the unit
TNPCB on the details of inside the premises to
plastic waste disposed unit the cement
off to cement plants on a premises industries for
monthly basis. co-
• During the earlier years processing
some plastic that was before
left out on the ground Dember,
got mixed with the soild 2021.
and vegetation has
grown fully over that
area. These materials
are not plastic stored by
the unit in the
unauthorised place. We
shall endeavour to clean
this area to the extent
possible.
3. Exceeedance of • Unit has 8 Mw Co- Earlier the The unit
source emissions generation plant with 60 unit had shall utilize
parameters (NO2 TPH boiler to meet utilized high only the low
& SO2) process steam and sulphur sulphur
power demand for content coal content coal
paperboard of 1.5% of 0.5% to
manufacturing. Boiler is which was the 60 TPH
designed for fuel mix of purchased and 44 TPh
56% lignite and 44% from the boilers at all
biofuels. It is also Neyveli times by end
designed to operate with Lignite of
100% lignite. Corporation September,
• Over the last few years, (NLC). Now 2020.
Biofuels percentage in the unit has
fuel mix has been proposed to
varying- it was above utilize low
50% during 2015-18 (3 sulphur
years) but during 2018- content coal
2020 (2 years) it of 0.5%
dropped to less than which will be
20% due to non- imported
availability of biofuels from other
which led to increase in countries.
lignite consumption. (Purchase
Lignite is sourced from order
Neyveli Lignite attached.)
Corporation (NLC).
• CPCB had issued letter
dated 16.04.2020 no. B-
[27]
33014/07/2018/IPC-
II/TPP/639 to 658
mentioning the norms of
compliance for captive
power plants (CPPs) and
the lsit of CPPs in Tamil
Nadu. In the list of CPPs
8 MW co-generation
plant was not listed.
Attached the letter as
annexure (2)
• However, ITC is
planning to address the
emissions by reducing
lignite from NLC which
has high sulphur
content of 1.5% by
substituting it with
imported coal which has
lower sulphur content of
0.5%. attached the
recent order placed for
imported coal as
annexure (3)
4. Traces of heavy • Unit does not have The unit has The unit
metals in soil due provision to discharge provided shall utilize
to past discharge untreated effluent for Effluent the treated
of irrigation. Unit has Treatment effluent for
partial/untreated effluent treatment plant Plant for the irrigation
effluent. of adequate capacity to treatment of after meeting
treat the effluent. Unit effluent the
recycles 40-45% of generation standards
treated effluent for from the prescribed by
manufacturing process manufacturi the TNPC
and balance is ng process Board at all
discharged for irrigation. and treated times.
Unit continues to take effluent is
steps to increase the being utilized
recycling percentage. for irrigation.
• Tamil Nadu Agricultural During
University (TNAU) is inspection
engaged by ITC to the ETP was
monitor the impact of found in
application of treated operation
effluent on soil and
ground water quality
since year 2000
onwards. TNAU submits
reports annually which
show no adverse impact
on the soil and ground
water quality.
• The standards for
monitoring for heavy
metals were not
prescribed by TNAU in
the course of soil
monitoring over the
years. However,
Committee report
indicates traces of heavy
metals which is lesser
than compost standards
for irrigation purpose
which indicate no
damage to soil.
20. And also narrated the nature of action taken by them which reads as follows:
[28]
Out of 10 numbers of TNPCB Board's direction dated 17.03.2020, the unit has complied 2 numbers partially complied 5 numbers and 2 were not complied.
4. It is respectfully submitted that the unit was called for personal hearing on 07.08.2020 at the TNPCB, Corporate Officer, Gunidy, Chennai-32 and the unit was instructed to comply the following points:
1. The unit shall submit separate applications and obtain consents for Paper production (Duplex Board, Art Board, Cromo Board) and power generation (8MW Hr). Seperately.
2. The industry shall provide calibration facility in the OCEMS installed in 60 TPH boiler for the parameters PM SO2 and NO2 .
SO2 and NO2 analyzer and same be connected to CPCB and TNPCB server.
3. The industry shall provide OCEMS installed in 44 TPH boiler for the parameters PM SO2 and NO2. SO2 and NO2 and same be connected to CPCB and TNPCB server by 30.09.2020.
4. The unit shall furnish the records of 44 TPH boiler operations as claimed by the unit.
5. The industry shall quantify the plastic waste and process waste sludge (binding chemicals) which was dumped and furnish the details along with disposal details.
6. the unit shall utilize imported coal having 0.5% sulphur instead of lignite obtained from NLC having 1.5% sulphur.
7.The unit shall analyse the heavy metals in the raw material and also furnish report to Board, since NI was found to be present in the ground water sample report.
8. the unit shall provide X-ray type scan to screen the barrels/container with paper raw materials at the port, so as to reduce time of inspection for TNPCB officials.
9.The unit shall from 30m x 30m grid and install piezo metric bore well for analysis of ground water.
10. The unit shall provide sprinkler arrangement to avoid fugitive emissions.
11. The unit shall check proximity & ultimate analysis to find the Heavy metals in the Lignite.
12. The unit shall furnish the list of proprietary chemicals used in the industry.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice.
21. It is seen from the pleadings submitted by the parties that the notice issued by Pollution Control Board imposing interim environmental compensation to the tune of Rs. 331.80 lakhs till 11.03.2020 and further direction to pay compensation at the rate of Rs. 30,000/- per day from 12.03.2020 till the compliance was challenged before the Hon'ble High Court of Madras by the 12th respondent by filing W.P. No.10495 of 2020 and the Hon'ble High Court of Madras by order dated [29] 21.08.2020 admitted the matter and stayed the direction to pay compensation but directed the writ petitioner in that matter, who is 12th respondent herein to comply with the defect pointed out in notice. The Hon'ble High Court also did not stay the entire notice issued by the Pollution Control Board but the stay was restricted in respect of recovery of compensation as it was alleged in the writ petition that compensation was imposed without complying with the principle of natural justice of hearing them.
22. So, as regards the compliance of the directions are concerned, this Tribunal can proceed with the same and direct 12 th respondent to comply with the same, with further direction to the Pollution Control Board that if it is not properly complied with, then take appropriate action against them in accordance with law. As regards the compensation is concerned, we are not passing any order as it is sub-judice and pending with the Hon'ble High Court of Madras in the writ petition mentioned above and that will be subject to the result of the same.
23. So this Tribunal feels that the application can be disposed of as follows:
(i) The 12th respondent is directed to comply with the recommendations issued by the Joint Committee in the report dated 12.03.2020 in its letter and spirit.
(ii) The Tamil Nadu Pollution Control Board is directed to monitor the compliance of the recommendation made by the Committee and also directions issued by them to the 12 th respondent in the impugned notice, which was challenged before the Hon'ble High Court of Madras to the extent of [30] imposing compensation. If there are any violations or non-
compliance found, then Pollution Control Board is directed to take action against the 12th respondent in accordance with law.
(iii) As regards the compensation is concerned, since the matter is sub-judice and pending before the Hon'ble High Court of Madras in W.P No. 10495 of 2020 we are not passing any order regarding the same and that will be subject to final orders to be passed by the Hon'ble High Court in the above writ petition and also on that Tamil Nadu Pollution Control Board to take action against the 12th respondent in respect of the same subject to the result of the writ petition mentioned above.
(iv) The 12th respondent is directed to comply with all the pollution norms and conditions imposed in the clearance as well as in the consent and operate the unit in an environmental friendly manner without causing pollution to the environment or causing any disturbance to the neighbouring property owners.
The points are answered accordingly.
24. In the result, the application is disposed of as follows:
(i) The 12th respondent is directed to comply with the recommendations issued by the Joint Committee in the report dated 12.03.2020 in its letter and spirit.
(ii) The Tamil Nadu Pollution Control Board is directed to monitor the compliance of the recommendation made by the Committee and also directions issued by them to the 12 th respondent in the impugned notice, which was challenged [31] before the Hon'ble High Court of Madras to the extent of imposing compensation. If there are any violations or non-
compliance found, then Pollution Control Board is directed to take action against the 12th respondent in accordance with law.
(iii) As regards the compensation is concerned since the matter is sub-judice and pending before the Hon'ble High Court of Madras in W.P No. 10495 of 2020 we are not passing any order regarding the same and that will be subject to final order passed by the Hon'ble High Court in the above writ petition and also on that Tamil Nadu Pollution Control Basis is directed to take action against the 12th respondent in respect of the same subject to the result of the writ petition mentioned above.
(iv) The 12th respondent is directed to comply with all the pollution norms and conditions imposed in the clearance as well as in the consent and operate the unit in an environmental friendly manner without causing pollution to the environment or causing any disturbance to the neighbouring property owners.
(v) Liberty of the applicants to approach this Tribunal later, if there is non-compliance by 12th respondent is left open.
25. Considering the circumstances, the parties are directed to bear their respective cost in the application.
26. The registry is directed to communicate this order to the Pollution Control Board for their compliance. [32]
27. With the above directions and observations, the application is disposed of.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Dr. K. Satyagopal) O.A. No.26 of 2019(SZ) & I.A. No. 78 of 2021 28th May, 2021. (AM).
[33]