National Green Tribunal
Tribunal On Its Own Motion Regarding Two ... vs Steel Authority Of India Limited Unit ... on 26 May, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 47/2021/EZ
IN THE MATTER OF:
Tribunal on its Own Motion
Regarding Two workers die of carbon monoxide
poisoning at Burnpur's IISCO Steel Plant.
....Applicant(s)
Versus
1. Union of India Through Secretary,
Government of India Ministry of Environment,
Forests and Climate Change Indira Paryavaran
Bhavan, Jor Bag Road, New Delhi-110003.
2. Central Pollution Control Board, Through
Its Member Secretary, 11 Parivesh bhawan,
CBD-CUM Office Complex, East Arjun Nagar,
Delhi-110032.
3. West Bengal Pollution Control Board, Through
Its Member Secretary, 10A, LA Block, Sector III,
Bidhannagar, Kolkata-700106.
4. District Magistrate, West Burdwan,
Kachhari Road, Kalibazar Para, Bardhaman,
West Bengal-713101.
5. Directorate of Factories Govt. of West Bengal
Through its Director, New Secretariat
Buildings, 8th Floor, 1, K. S. Ray Road,
Kolkata-700001. W.B.
1
6. Chairman/CEO IISCO Burnpur, West Bengal
IISCO Steel Plant, District- Barddhaman,
Burnpur-713325.
....Respondent(s)
COUNSEL FOR APPLICANT:
Suo Motu
COUNSEL FOR RESPONDENTS :
Mr. Debasish Ghosh, Advocate for R-1
Mr. Surendra Kumar, Advocate for R-2
Mr. Prithwish Basu, Advocate for R-3
Mr. Sudip Kumar Dutta, Advocate for R-4 & R-5
Mr. Kallol Basu, Advocate a/w Mr. Nilanjan Pal, Advocate
For R-6.
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- 13.05. 2022 Pronounce On:-26.05. 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the parties and perused the documents on record.
2. This matter has been taken up Suo Motu by this Bench on the basis of a news report published in the daily 'The Telegraph' dated 03.06.2021 regarding an alleged incident of death of two workers 2 after inhaling carbon monoxide that leaked at the coke oven unit of SAIL's IISCO Steel Plant in West Burdwan's, Burnpur (W.B.).
3. The facts as emerging from the news report is that gas leaked after a glitch at battery 11 and of three workers who were doing the job of cleaning at the battery chamber, which was otherwise shut for maintenance, two of them lost their lives due to inhalation of toxic gases at around 03:30 PM and one was rushed to the hospital and is under treatment.
4. The names of the deceased workers are mentioned as Sumanata Biswas aged 38 years and Babun Sarkar aged 43 years. The bodies have been sent for autopsy. The surviving employee Shymapada De aged 35 years who managed to escape from the chamber thereby saved himself.
5. Notices were issued to the following Respondents:-
(i) Ministry of Environment, Forests & Climate Change, New Delhi.
(ii) Central Pollution Control Board, New Delhi.
(iii) West Bengal pollution Control Board. Kolkata.
(iv) District Magistrate of West Burdwan, West Bengal.
(v) Director, Directorate of Factories, West Bengal.
(vi) Chairman/CEO IISCO, Burnpur, West Burdman, W.B. 3
6. The Tribunal also constituted a Committee comprising of the following Members:-
(i) Senior Scientist from Central Pollution Control board, Regional Office at Kolkata.
(ii) Senior Scientist from West Bengal Pollution Control Board.
(iii) District magistrate of West Burdwan, West Bengal.
(iv) Director or any senior official from Directorate of Factories, West Bengal.
7. The West Bengal Pollution Board was appointed to act as the nodal office for all logistic purposes.
8. The Committee was tasked to inspect the site and submit its report with regard to the incident of leakage of gas and its impact on the environment. The Committee was also directed to submit a detailed report with regard to the cause of the leakage and determine the authorities responsible for such negligence and also determine and amount of compensation to be paid to the deceased as well as injured employee.
9. I.A. 38 of 2021 has been filed IISCO Respondent No.6 for recall of the order dated 08.06.2021 and to stay hearing of the case. 4
10. The ground taken is that the question as to whether the Tribunal has powers to take up the matters Suo Motu is pending herein before the Hon'ble Supreme Court.
11. The West Bengal Pollution Control Board filed an affidavit dated 13.08.2021 bringing on record the inspection report.
12. So far as the power of the Tribunal to take up issues involving substantial questions of environment suo motu are concerned the same is no longer res integra having been settled by the Hon'ble Supreme Court of India in Civil Appeal No. 17122- 23/2018 Municipal Corporation of Greater Mumbai versus Ankita Sinha and others which has not been disputed by Mr. Kallol Basu, learned Senior Counsel for the IISCO.
13. Affidavits have been filed by the respondents wherein it is stated that the committee constituted by the Tribunal inspected the Unit of Respondent No.6 IISCO and had submitted its report which reads as under:-
(a) "On-line monitoring system shall be maintained in fully working conditions.
(b) Information shall be communicated to WBPCB or CPCB if the on-line monitoring system was found in defunct condition, Regular Calibration of the system should be in practice.
(c) The unit shall prepare comprehensive SOP for all unit and also arrange effective training to all employees on SOP's. the employees shall be given hands on experiences under senior employees.
(d) All the employees should have the standard operating procedure (SOP) in the working area.5
(e) The unit shall carry out third party assessment through any certified agency or competent person on safety and suitability of the reactors.
(f) Proper infrastructure facility should be available to carry out safety check.
(g) Unit should be complied with all safety statutory, regularly clearances stipulated by various departments.
(h) There should be auto alarm system or siren system to alert the employees in case of any deviation.
(i) All the reactors must be provided with suitable rupture disc and safety valve of adequate capacity and size.
(j) Worker should be issued proper 'Permit' to work system for the job at confined space in regards of safety execution of the assigned work.
(k) Portable self-contained breathing apparatus (for rescue), face mask-cum-chemical aspirator etc., and other safety equipment/apparatus [viz., Fresh air line, Emergency communication, alarm system etc.] shall be provided as required for such hazardous maintenance job inside a confined zone."
14. Respondent No.6 filed its affidavit stating therein that the recommendations made by the committee in its report are being implemented. A supplementary affidavit has also been filed stating that compensation amounting to Rs. 11,94,600/- (Rupees Eleven Lakhs Ninety Four Thousand Six Hundred only) has been assessed by the Respondent No.6 for payment to the family of Late Bapan Sarkar and another sum of Rs. 12,58,500/- (Rupees Twelve Lakhs Fifty Eight Thousand Five Hundred only) has been assessed to be paid to the family of Late Suman Biswas. It is further stated that 6 under the Group Personal Accident Insurance Policy and a one time compensation amount has been assessed by the Respondent no.6 Unit for compensation to the deceased workers and an amount of Rs.15,15,00/- (Rupees Fifteen Lakhs Fifteen Thousand only) has been disbursed to the legal heirs of both deceased workers i.e., Late Bapan Sarkar and Late Suman Biswas; documents have been filed to that effect as Annexure-S-1.
15. It is also stated that offer of Appointment under Memo No.PL/CF/2021/814, has been issued by the Respondent No.6 to Rinku Biswas, widow of Late Suman Biswas for appointment on the post of Trainee at SAIL-IISCO Steel Plant, Burnpur on 18.08.2021 and the said Widow Rinku Biswas has also joined her duty as Trainee on 26.08.2021.`
16. It is further stated that a similar Offer of Appointment has also been made under Memo No.PL/CF/2021/813, by the Respondent No.6 Unit to Priti Sarkar, widow of Late Bapan Sarkar for appointment on the post of Trainee at SAIL-IISCO Steel Plant, Burnpur and in pursuance of the letter of appointment Widow Priti Sarkar has also joined her duty as Trainee on 26.08.2021.
17. A preliminary report of enquiry dated 08.07.2021 has been filed by the Directorate of Factories. The WBPCB was directed to examine the finding of the report and submit its reply to the same.
18. Accordingly, affidavit dated 12.05.2022 has been filed by the West Bengal Pollution Control Board and with this affidavit one more Inspection report has been brought on record of an inspection 7 carried out of the Respondent No.6 unit on 31.03.2022. The report reads as under:-
Production process and facilities available at Plant:
SAIL-IISCO Steel Plant is producing 2.5 million ton of crude steel per year with the help of One Blast Furnace of capacity 4060 m3 volume with CDI and TRT. Along with it has facility to produce Coke in Coke Oven Battery (COB) 10 & 11. Coke Ovens are of recovery type.
By-product recovery plant in COB # 11 cleans the raw coke oven gas generated from coke oven battery for removal of impurities like tar, ammonia, hydrogen sulphide and naphthalene to the extent as it can be effectively used as fuel. The impurities thus removed from the system are separated in the form of saleable products viz., Crude Coal Tar, Ammonium Sulphate, Sulphur (99% pure) & Napthalene. The coke oven gas is available at 30oC at the outlet of by product plant.
The By-product plant consists of flowing Technological units.
- Gas condensation/Tar separation Plant.
- Gravel Filter Unit.
- Stripper-Deacidifier Unit.
- Ammonia Scrubber & Ammonium Sulphate Plant.
- H2S Scrubber & Elemental Sulphur Plant.
- Naphthalene Scrubber & recovery unit.
Coke Oven Gas (COG0 generated from Coke Oven battery gets separated from tar & liquor in down comer and is sucked by the exhauster through Primary Gas Cooler (PCG) & Elecrostatic Tar Precipitator (E.T.P.). In primary gas cooler, gas is cooled indirectly first by cooling water followed by chilled water.
Cooled gas goes to Electrostatic Tar Precipitators (E.T.P.) for removing of the tar fog from gas & the same installed before exhauster. And the Gas goes to Exhauster. Electric Motor driven exhauster sucks the coke oven gas leaving ETP and discharge the same with a positive head.8
Coke oven gas which is pressurized by Exhauster is sent to H2S, Ammonia and Naphthalene Scrubber. After Scrubbing clean Coke Oven Gas sent to Gas network for consumption in different units of Plant.
The liquor enriched with Ammonia and H2S collected from H2S and NH3 Scrubbers are sent to Stripper and De-Acidifier for Stripping of Ammonia and H2S.
NH3 and H2S Vapour generated in Stripper and De-Acidifier are sent Saturator of Ammonium Sulphate Plant for recovery of Ammonia. As a result, Ammonium Sulphate Salt is being formed. In this process to some extend H2S is also getting absorbed in Saturator.
Residual Ammonia and H 2S Vapour goes to Elemental Sulphur Plant, where Ammonia is cracked into N2 and H2 and Sulphur is getting separated from H2S.
Elemental Sulphur Recovery Unit NH3 and H2S vapour coming from saturator enters to Catalytic oven Reactor for burning/cracking (at 1150 C) to crack them into N2, H2, SO2, CO2, and H2o by using Ni AL Ca Oxide based catalyst. Then it is passed to Clause Reactors containing AI based Catalyst to convert SO2 into Elemental Sulphur (reaction takes place in the range of 250- 280 C). Elementary Sulphur thus produced in Vapour form is separated from the system by condensation and separation process. Tail Gas free from NH3 and H2S are sent to Primary Gas Cooler. This process is in close loop.
Site Specific Observations:
Visit was conducted to the Elemental Sulphur Recovery unit. The said plant was found to be closed. As reported the said plant was shut down on 15th April 2019 for retubing and re- certification of the Boilers. It was reported that the jobs for restart of the said plant has been going on for last nine month.
Compliance of recommendations as laid down in the report of Joint Committee dated 13/07/2021.
9 SI. No. Recommendation Compliance 8.1 On line monitoring system The Industry has shall be maintained in fully installed 05 nos. of working conditions Automatic Ambient Air Quality Monitoring Stations (AAAQMS) at SCOB gate, Sanmara gate, near Water Treatment Plant at Kuilapur, Dharampur yard and at Township (behind Burnpur club). Out of 05 (five) stations 03(three) numbers located at SCOB Gate, Dharampur Yard and at Township (behind Burnpur Club) were in operation. 8.2 Information shall be 24 nos. Online communicated to WBPCB or continuous stack CPCB if the on-line monitoring systems are monitoring system was directly connected to found in defunct condition. CPCB and WBPCB Regular calibration of the through CPCB. M/s. system should be in Adage automation Pvt. practice. Ltd. has been awarded annual maintenance contract including calibration. 8.3 The unit shall prepare Standard Operating comprehensive SOP for procedure (SOP) as all the unit and also well as a Standard arrange effective training maintenance to all employees on Procedure (SMP). SOPS. The employees Periodically training shall be given hands on is being given to all experiences under of employees including senior employees. contractual employees also. 10 However, no comprehensive SOP is available for the entire Industry. 8.4 All the employees should The representative of have standard operating the unit had procedure (SOP) in the mentioned that they working area. have SOP for the employees those who are engaged in different working area. However, the following observations were made: a) Display of SOP & SMP were not available at 'Clause Reactor-1' of said 'Sulphur Recovery Plant' which was stated to be under maintenance. b) Safety posters/Cautio n Boards are available at number of locations inside the plant. 8.5 The unit shall carry out It is stated that Third third party assessment party assessment of through any certified the Pressure vessels agency or competent are being carried out person on safety and by the certified 11 suitability of the reactors. agency. M/s. Safecon India has been awarded annual maintenance contract including calibration. 8.6 Proper infrastructure As stated, facility should be Departmental Safety available to carry out Officers (DSO) and safety check Safety & supervise the safety aspects during major repair/shut down jobs. 8.7 Unit should be complied Statutory clearances with all safety statutory i.e., 'Factory License', ,regulatory clearances 'Consent to Operate' stipulated by various 'Hazardous Waste departments Authorization' have been obtained by the unit and all stand valid. A part from above other certifications like ISO14000 for Environment Management & ISO45000 for Safety are available with the Industry. 8.8 There should be auto It was noticed that alarm system or siren Auto alarm & siren system to alert the system is available employees in case of any at a location near deviation Coke Oven battery no.11. However, there are numbers of portable gas analysers available with all departments. 12 These analysers are able to raise alarm in case the concentration of particular parameter is beyond the threshold limit. The Authority of SAIL ISP has engaged M/s. Effec. Tech Gases Pvt. Ltd. for calibration. 8.9 All reactors must be As stated, it is provided with suitable complied with. rupture disc and safety valve of adequate capacity and size. 8.10 Worker should be issued 'Permit to Work at proper permit to work Confinement Zone' system for the job at are mandatory to confined space in work at any confined regards of safe execution space. of the assigned work 8.11 Portable self-contained During working in breathing apparatus (for confined zones rescue), face mask cum adequate safety chemical aspirator etc., gears like Self and other safety contained Breathing equipment /apparatus Apparatus (SCBA) (viz. Fresh air line, etc., are to be Emergency mandatory provided. communication, alarm system etc.0 shall be provided as required for such hazardous maintenance job inside a confined zone.
09. Status of Ambient Air Quality Monitoring Systems operated by SAIL ISP: the Industry has installed 05 nos. of Automatic Ambient Air Quality Monitoring Stations (AAAQMS) at SCOB 13 gate, Sanmara gate, near Water Treatment Plant at Kuilapur, Dharmapur Yard and at Township (behind Burnpur club) & at Dharampur yard were found to be functioning. However, the AAAQMSs at Sanmara gate and near Water treatment Plant at Kuilapur yard were found not to be functioning. Monitoring of PM2.5, PM 10, SO2, NO2 &CO are carried out. During visit all the parameters were within permissible limit.
10. Remarks:
1. E-permit (Permit to Work at confined Zone) may be introduced by the industry.
2. The AAAQMS (Automatic ambient air Quality Monitoring Station at Sanmara gate and near Water Treatment Plant at Kuilapur were found not to be in operation. ISP SAIL Authority must make it functional immediately.
3. The opinion of the Directorate of Factories on cause of probable death is agreed.
4. Based on forensic report the industry should find out negligence on safety aspect so that no mishap/casualty occur in future.
5. The industry had provided job to Smt priti Sarkar W/O Late Bapan Sarkar and to Smt Rinku Biswas W/O Late Suman Biswas. However, the industry has not provided any document regarding the payment of compensation.
19. In view of this matter, we are satisfied that substantial compliance has been made9 by the Respondent No.6 ensuring that in future such accident does not happen and compensation as well as appointment has been given to the widows of the deceased employees.
20. In this view of the matter, nothing further remains for adjudication and the O.A. is accordingly dismissed. 14
21. I.A. 38 of 2021 has been filed by the Respondent No.6 unit for taking documents on record including judgment of the Hon'ble Supreme Court.0
22. I.A. is accordingly disposed of.
23. There shall be no order as to costs.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata, 26.05.2022, Original Application No.47/2021/EZ BD 15