National Green Tribunal
1. Santanu Kumar Bhukta S/O Golak Bhukta vs 1. M/S Gm Iron And Steel Coompany Ltd ... on 12 February, 2024
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No.45/2022/EZ
(I.A. No.218/2022/EZ & I.A. No.09/2024/EZ)
IN THE MATTER OF:
1. Santanu Kumar Bhukta,
S/o Golak Bhukta,
Aged about 30 years,
At/PO-Santhapada, P.S.-Talcher,
District-Angul, Odisha,
Pin - 759104,
2. Simanta Kumar Jena,
S/o Mangulu Jena,
Aged about 32 years,
At/PO-Kulei, P.S.-Parjang, District-Dhenkanal,
Odisha - 755020,
....Applicant(s)
Versus
1. M/s GM Iron and Steel Company Ltd.,
Represented by its Director,
N/4-157, IRC Village, Nayapalli,
Bhubaneswar - 7510005,
2. State of Odisha,
Through Chief Secretary, Government of Odisha,
Lokaseba Bhawan, At/PO-Bhubaneswar,
District - Khurdha, Pin - 751002,
3. District Collector, Dhenkanal,
At/PO/District-Dhenkanal, Odisha,
Pin - 759001,
4. Member Secretary,
Odisha State Pollution Control Board,
A/118, Unit-VII, Nilakantha Nagar, Bhubaneswaar,
Pin - 751012,
5. Member Secretary,
State Environment Impact Assessment Authority (SEIAA),
Odisha, Bhubaneswar, 5RF-2/1, Acharya Vihar, Unit-IX,
Pin - 751022, (Deleted vide order dt.10.05.2022)
1
6. Superintendent of Police, Dhenkanal,
At/PO-Dhenkanal, District-Dhenkanal,
Pin - 755001,
7. Tahasildar, Parjang,
At/PO-Parjang, District-Dhenkanal, Odisha,
Pin - 759039,
8. Divisional Forest Officer, Dhenkanal,
At/PO/District-Dhenkanal,
Pin - 751001,
9. Member Secretary,
Central Pollution Control Board,
Paribesh Bhawan, East Arjun Nagar, Delhi,
Pin - 110032,
10. The Secretary,
Ministry of Environment, Forest and Climate Change,
Indira Paryavaran Bhawan, Jorbagh, New Delhi,
Pin - 110003,
11. Deputy Director General of Forests (C),
Ministry of Environment, Forest and Climate Change,
Integrated Regional Office, Bhubaneswar,
A/3, Chandrasekharpur, Bhubaneswar,
Pin - 751023,
12. Member Secretary,
Central Ground Water Authority,
18/11 Jamnagar House, Man Singh Road,
New Delhi - 110011,
13. Regional Director,
Central Ground Water Board,
South Eastern Region, Bhubaneswar,
Bhujal Bhawan, Khandagiri, Bhubaneswar,
....Respondent(s)
COUNSEL FOR APPLICANT(S):
Mr. Sankar Prasad Pani, Advocate
COUNSEL FOR RESPONDENT(S) :
Mr. Sanjay Upadhyay, Advocate a/w
Ms. Sonali Sengupta, Advocate for R-1,
2
Mr. Rajesh Tripathi, ASC for State of Odisha,
Mr. Dipanjan Ghosh, Advocate for R-4,
Mr. Surendra Kumar, Advocate for R-9,
Mr. Apurba Ghosh, Advocate for R-10 & 11,
Mr. Ashok Prasad, Advocate for R-12 & 13,
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE Dr. ARUN KUMAR VERMA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- January 11, 2024 Pronounce On:- February 12, 2024 __________________________________________________________________
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 Heard the learned Counsel for the parties and perused the documents on record.
2. This Original Application has been filed by the Applicant on the allegation that the Respondent No.1, M/s GM Iron and Steel Company Limited, a Sponge Iron Unit is operating in violation of the conditions mentioned in the Consent to Operate dated 21.03.2020 which was valid from 01.04.2020 to 31.03.2021, as also in violation of ground water conditions.
3. The learned Counsel submitted that the Applicant had submitted a complaint before the Odisha Pollution Control Board and District Magistrate, Dhenkanal, alleging therein that the Respondent No.1 was in violation of Forest (Conservation) Act, 1980 and that he has encroached upon 9.1 acres of forest land without 3 obtaining Forest Clearance as required under Section 2 of the Forest (Conservation) Act, 1980.
4. It is stated that the Odisha Pollution Control Board inspected the site in question on 28.09.2021 and 06.10.2021 and found several violations of environmental norms and non-compliances of Consent to Operate conditions and thereafter a closure order of the Respondent No.1, Plant was passed on 29.10.2021, Annexure-8 (page no. 60 of the paper book).
5. The learned Counsel has filed photographs as Annexure15 (colly) to the Original Application, to show smoke billowing from the chimney of the Respondent No.1 Plant as on 08.01.2022 and submits that in spite of the closure order, the Respondent No.1 Plant is carrying on its operations.
6. Learned Counsel further submitted that the Respondent No.1 Plant had applied for expansion of its sponge iron capacity from 0.16 MTPA to 0.372 MTPA and the public hearing was conducted on 03.11.2021 and the matter is still pending with the Ministry of Environment, Forests and Climate Change, for grant of Environmental Clearance.
7. The Tribunal at the time of admission constituted a Committee comprising of the following members: -
(i) A Senior Scientist from the Integrated Regional Office, Ministry of Environment, Forests and Climate Change, Bhubaneswar;4
(ii) A Senior Scientist from the Central Pollution Control Board, Regional Office, Kolkata;
(iii) A Senior Scientist from the Odisha State Pollution Control Board;
(iv) Divisional Forest Officer, Dhenkanal; and
(v) District Collector-Dhenkanal.
8. The Committee was required to visit the site in question and submit its Report with regard to the allegations made in the Original Application and with regard to the environmental violations as well as violations of Forest (Conservation) Act, 1980.
9. The Odisha State Pollution Control Board has filed affidavit dated 19.08.2022. Along with this affidavit, Inspection Report has been filed of an inspection carried out on 08.06.2022. The Observations and Recommendations of the Report are extracted herein below: -
"Observations during visit:
1. During surprise joint visit conducted on 08.06.2022 none of the unit of the industry was in operation. All units were shut down and under maintenance. Therefore, stack and ambient air quality monitoring (AAQ) couldn't be conducted on the day of joint visit. Further due to continuous rainy days, joint stack and AAQ monitoring of the industry couldn't be schedule and conducted.
2. About 70% of the internal roads have been concreted. Remaining 30% of internal road of length 350m (Approx.) from water treatment plant to labor hutment in SW corner is to be done.5
3. All internal drains found clean during visit.
4. 20% (Approx.) of fallen boundary wall along Gambharia Nallah was observed to be repaired.
5. Industry has installed IP Camera on the roof of control room of 350 TPD DRI unit (Lat: 20 59'50"N, Long: 85, 1624.60"E).
6. Industry has installed mechanized wheel washing system with effluent treatment and recycling facilities at the exit gate.
7. Industry has installed digital display board at the entrance gate for display of environmental related information for public view.
8. No direct discharge of any wastewater from plant premises to outside or Gambharia Nallah during joint inspection, the industry shall take necessary measures to avoid flow of contaminated surface runoff from the plant are to outside.
9. Industry has repaired online stack emission monitoring system (CEMS) for measurement of particulate matter and gaseous pollutants at the common stack of 350 TPD DRI and AFBC unit and another continuous stack emission monitoring system (EMS) at the stack connected to the 100 TPD DRI kiln. Since plant was under shut down performance of the CEMS couldn't be verified.
10. Industry has its solid waste dump area in the north- west corner of the plant premises. It was observed that waste of the dump area spread over adjoining agricultural land. In this regard, industry shall provide boundary wall of adequate height to contain the waste from getting spread nearby areas.6
11. It was observed that industry has provided earth cover over top of the solid waste dump site, however, no earth cover was observed along slope of the dump. Boundary wall around the solid waste dump site and along western side of the plant area has not been provided.
12. Old solid wastes (dolochar) dumps were observed inside plant premises at 5 places. Out of which 04 dumps were found to be covered with tarpaulin to avoid fugitive dust emission during windblown. It was observed that industry has started dispatching dolochar.
13. Dump of residual iron ore fines outside the plant premises at about 100m away in the west from the plant boundary was also observed. Due to higher content of mud/soil in the ore fines, dump was observed to be settled/stabilized and there was less possibility of dust getting air borne from this dump, however, there is possibility of flow of runoff from the dump area into nearby areas.
14. As per the revised PWC (Para wise comment) submitted by Tahasildar, Parjang vide letter No. 3032, dt. 04.08.2022, land over which residual iron ore fines has dumped is own recorded land of the industry (copy of PWC enclosed as Annexure-1).
15. As per the revised PWC (Para wise comment) submitted by Tahsildar, Parjang vide letter No. 3032, dt. 04.08.2022, industry has unauthorisedly encroached upon 8.00 acres (eight acres) of Revenue Forest land having Jungle-2 Melakisam and 2.54 acres (two acres and fifty four decimal) of Non-forest Govt. Land. Encroachment cases have been instituted as per provisions under Orissa Prevention of Land Encroachment Act, 1972 against the encroacher i.e. M/s G.M. Iron and Steel Company ltd. Kulei commencement from the financial year 2020-21 to 2022- 23 and a sum of Rs. 1,10,484/- (Rupees one lakh ten 7 thousand four hundred eighty four) only has been realized for each year towards assessment and penalty with direction to vacate the encroached Govt. land.
The Govt. land which is encroached by M/s GM Iron & Steel Company, Kulei along with other lands have been filed requisition by the Chief General Manager (land) IDCO, Bhubaneswar for grant of lease in favor of IDCO, Bhubaneswar under Land Bank Scheme for establishment of industries vide Letter No. 5301/ Dtd. 19.03.2021 & 5299/Dtd. 19.03.2021 of Land Officer, IDCO Odisha, Bhubaneswar addressed to Tahasildar, Parjang, District- Dhenkanal. The total and requisitioned by IDCO is Ac 29.82 decimal (twenty nine acre and eighty two decimal). Out of which Ac. 9.77 decimal (Nine acre and seventy seven decimal) is encroached land. As per the requisition filed by Chief General Manager (Land), IDCO, Bhubaneswar, required lease case is instituted by Tahasildar, Parjang vide lease case No. 09/2022 & 10/2022 which are under process for settlement in favour of IDCO, Bhubaneswar for establishment of industries and allied activities at village Kulei.
Recommendations:
1. Committee desires to conduct inspection and stack with Ambient Air Quality monitoring of industry during its full operation after monsoon period to assess effective operation of Air Pollution Control Devices and adequacy of pollution control measures adopted by the industry.
2. Repairing/construction of boundary wall along Gambharia nallah and increase of height of entire boundary wall of the plant.
3. Construction of boundary wall around solid waste dump site and along western side of the plant area.8
4. Concreting of remaining internal roads to control fugitive dust emission.
5. Time bound disposal of dolochar and other solid wastes dumped inside plant premises.
6. Industry shall provide boundary wall around the dump of residual iron ore fines. Garland drain around the dump area followed by settling pond shall be provided to avoid flow of surface runoff to adjacent areas."
10. The Report further mentioned that the Committee desired to conduct inspection and stack with Ambient Air Quality Monitoring of the industry during its full operation after monsoon period to assess effective operation of the Air Pollution Control Devices and adequacy of pollution control measures adopted by the industry.
11. In the meantime, the Applicant also filed rejoinder affidavit dated 20.08.2022 bringing on record the photographs stated to have been taken on 03.08.2021, 08.01.2022, 09.01.2022, 02.04.2022, 09.02.2022, 10.02.2022, 07.05.2022, 25.06.2022 and 12.08.2022 showing black soot emanating from the chimney of the industry and vast amount of dust within the industrial area itself.
12. The Tribunal, therefore, directed the Committee to re-inspect the site of the Respondent No.1 during the monsoon when it is operational and to carry out Ambient Air Quality Monitoring and thereafter, take another inspection reading after the monsoon to give a clear picture of the level and extent of pollution as alleged to have been caused by the Respondent No.1-Industry. 9
13. The Inspection Report further mentioned that about 8 (eight) acres of Revenue Forest Land being Jungle-2 Mela Kisam has been encroached unauthorizedly by the Respondent No.1 industry for which eviction proceedings have been initiated and a penalty of Rs.3,31,452/- (Rupees Three Lakhs Thirty One Thousand Four Hundred Fifty Two only) has been recovered. The Committee also noted that 2.54 acres of Non-forest Government Land had also been encroached by the Respondent No.1.
14. It was also noticed that the Respondent No.1-Industry was issued a closure notice on 29.10.2021 by the Odisha State Pollution Control Board but even after one year the level of pollution as evidenced from the photographs did not justify the industry being subsequently allowed to operate with full capacity vide order dated 28.01.2022 only on the basis of a Bank Guarantee of Rs.11.85 lakhs.
15. In the meantime, I.A. No.210/2022/EZ has been filed by the Respondent No.1 alleging that in pursuance of the order of the Tribunal dated 28.08.2022, the State Respondents had initiated process of demolition of constructions alleged to have been made by the Respondent No.1 on Revenue Forest Land as well as Non-Forest Government Land and that the demolition would be carried out on 23.09.2022 when the case was itself taken up.
16. It was further stated that vide an allotment order dated 10.11.2020, 29.82 acres of land including 9.77 acres of encroached land was allotted to the Respondent-Industry by the IDCO, Odisha, 10 and, therefore, the Respondent No.1 cannot be said to be an encroacher.
17. The Tribunal vide its order dated 23.09.2022 observed that once it has come on record that 9.77 acres of land has been encroached, which is also a part of the Revenue Forest Land, the allotment of such land, prima-facie, would not validate the possession of the Respondent No.1-Industry on such land. The Tribunal observed that the Annexure filed along with the I.A. is a notice of the Tahasil Office, Parjang, dated 13.08.2022, showing that 8 (eight) acres of land on Plot No.4055 is encroached land being recorded as 'Jungle-2'. The Tribunal, therefore, queried as to how Forest land could be allotted by IDCO, Odisha, to the Respondent No.1, without diversion of the said land as required by the provisions of the Forest (Conservation) Act, 1980. However, considering the allegations made namely that demolitions were to be carried out on that date itself the Tribunal vide its order dated 23.09.2022 directed the parties to maintain status-quo with respect to the land in question till 26.09.2022.
18. On 26.09.2022, the matter was again taken up. The Respondent No.3, Collector & District Magistrate, Dhenkanal, filed affidavit dated 26.09.2022. Along with this affidavit, a Land Schedule has been filed in which the encroached land is shown as 8 acres which is Jungle-2 Mela. The remarks against the same in the remarks column is eviction has been carried out except Temple. This clarifies that the temple is constructed on the revenue forest land. The Land Schedule reads as under:
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"Land Schedule Mouza:- Kulei RI Circle, Gengutia Sl. Holding/ Plot Total Encroache Kisam Remarks No. Khata No. extend d land in if any No. of land acre in acre 1 4073 0.25 0.25 Sarada- Eviction 3 under process 2 4072 0.85 0.85 Sarada- Eviction 3 under process 3 4055 15.50 8.00 Jungle- Evicted 2 Mela except Temple 4 4101 0.08 0.08 Gochar Evicted 5 4102 0.27 0.27 Gochar Evicted 6 4103 0.32 0.32 Gochar Evicted 7 4104 0.32 0.32 Gochar Evicted 8 4110 0.35 0.35 Gochar Evicted 9 4111 0.10 0.10 Gochar Evicted Total 18.04 10.54
19. The affidavit of the Collector & District Magistrate, Dhenkanal dated 26.09.2022 disclosed that except the existing temple on the encroached forest land, the rest of the forest land has been completely vacated by the Respondent No.1-Industry and is free from encroachment.
20. With regard to the temple stated to be situated on this land, it was stated that the temple had not been demolished because the deity placed within it needed to be relocated to some other place.
21. The Tribunal, therefore, directed the State Respondents to ensure demolition of the temple by the next date of listing giving reference to the order passed by the Hon'ble Supreme Court in Civil Appeal Nos.4598-4599 of 2021 which had been filed against the 12 order of the National Green Tribunal, Principal Bench in Original Application No.22/2022/EZ directing demolition of Sri Sri Panchamukhi Hanuman Temple Trust, Ratiolo, and the said Civil Appeals were dismissed by the Hon'ble Supreme Court vide its judgment and order dated 10.08.2021.
22. In view of the averments made in the affidavit of the Collector & District Magistrate, Dhenkanal, the Tribunal vacated the interim order granted on 23.08.2022 in so far as it related to encroachment on revenue forest land. So far as encroachment over non-forest land was concerned, the Tribunal observed that the same did not fall within the jurisdiction of the National Green Tribunal for adjudication.
23. The Central Pollution Control Board has filed counter-affidavit dated 24.11.2022. Along with this affidavit, Joint Committee Report has been filed of an inspection carried out on 15.09.2022 (monsoon season). The Observations and Recommendations of the Respondent No.9, Central Pollution Control Board as stated in paragraph-6 of the affidavit are extracted herein below: -
"Observation of the joint committee:
The industry M/s G M Iron & Steel was not meeting the standard with respect to particulate matter, as per the consent order issued by OSPCB 5150 dated 26-03-2021 (Particulate Matter value in Source Emission was observed as 538 mg/Nm3 against the prescribed emission standards of 50mg/Nm3).
As per code of practice for Pollution Prevention for Sponge Iron Plants, all Pollution control equipment may be provided with separate electricity meter and totaliser for continuous 13 recording of power consumption. No separate electricity Meter and totaliser for the Air Pollution Control Equipment was observed during the inspection. Non-functioning of pollution control Equipment should be recorded in the same logbook along with the reasons for not running the pollution control Equipment, in this regard no such logbook was shown in the day of Inspection.
On the day of Inspection, it was observed that huge dust accumulated near the DRI plant, in between the kiln and raw material transfer section, which indicates there was huge emission from the said Industry.
The housekeeping inside the industry premises was found poor. The adjoining roads to all the units were not concreted.
Records pertaining to details of month wise quantity of Fly ash disposal shall be maintained and submitted to Regional Office/Ministry annually as per Fly ash Notification. In this regard no records were found for fly ash disposal.
The industry may have separate Environment Division to look after continuous operation of all pollution control devices round the clock.
It is to be submitted that the unit is sharing continuous emission monitoring data of Stack1 (100_TPD_SPONGE_IRON_WHRB_BOILER) and Stack 2 (350_TPD_SPONGE_IRON_WHRB_AFBC_BOILER) with CPCB central server. But OCEMS (Online continuous Emission monitoring system) was not calibrated after installation, as reported. In line with that it is to be submitted that OCEMS (Online continuous Emission monitoring system) data as per CPCB server during inspection was below the emission prescribed standards of 50mg/Nm3, whereas as per manual monitoring data, it was 538mg/Nm3.14
Sampling platform of the stack attached with ESP of 350 TPD rotary kiln, was found at a stretch & continuous height of more than 20 meter which was not in compliance w.r.t OCEMS standard guidelines. As per Guideline for Real Time Emission monitoring System "If the approach to platform is by using vertical ladder's, then at every 10-12 mtrs landing platform should be provided. The entire length of ladder must have protective back guard/cage."
Based on above mentioned observation following recommendations were made in the Inspection Report which has been already submitted before Hon'ble NGT. Recommendations of the joint committee PM concentration must be maintained as per existing prescribed standards in the consent.
The safety cap/emergency stack of rotary kiln should not be used for discharging untreated emission, bypassing the air pollution control device.
All Air Pollution Control Equipment must be provided with electricity meter and Totaliser for continuous recording of power consumption.
The unit may require to calibrate the OCEMS system attached with the Stack connected to the Rotary Kiln."
24. On 09.01.2023, the Tribunal directed the Odisha State Pollution Control Board to file affidavit also addressing itself to the observations made in para 13 of the previous order of the Tribunal dated 22.08.2022 which noted that closure notice had been issued against the Respondent No.1-Industry on 29.10.2021 and thereafter, the industry was allowed to operate with full capacity only on the basis of a Bank Guarantee of Rs.11.85 lakhs. The 15 Tribunal queried as to why the industry was allowed to operate only on the basis of a Bank Guarantee of Rs.11.85 lakhs without first remedying the environmental violations noted in the inspection reports.
25. The Odisha State Pollution Control Board has filed affidavit dated 12.10.2022 bringing on record a Committee Report of an inspection carried out on 15.09.2022 which reads as under: -
"COMMITTEE REPORT ON ISSUES RAISED IN OA NO.45/2022/EZ, SANTUNU KUMAR BHUKTA & ANR. VS. M/S GM IRON & STEEL COMPANY LTD. & ORS.
Hon'ble National Green Tribunal, Eastern Zone Bench, Kolkata in Original Application No.45/2022/EZ in the matter of Santunu Kumar Bhukta & Anr. Vs M/s GM Iron & Steel Company Ltd. & Ors. vide its order dated 22.08.2022 has asked the committee to; 'We, therefore, direct the Committee to re-inspect the site of the Respondent No.1 during the monsoon itself when it is operational and carry out Ambient Air Quality Monitoring and thereafter, take another inspection reading after the monsoon to give a clear picture of the level and extent of pollution as alleged to have been caused by the Respondent No. 1 industry.' 'We also find that this Report does not mention whether the Respondent No. 1 industry is operating with a valid Environmental Clearance or without any Environmental Clearance. This is a serious lapse in the Report by the Committee. The Committee is, therefore, directed to take care of all these legal requirements in its fresh inspection report.' In response to the above referred order of the Hon'ble National Green Tribunal, Eastern Zone Bench, Kolkata in Original Application No.45/2022/EZ, committee comprising the following authorized officials have jointly visited the industry, M/s. G. M. Iran and Steel Company Ltd. (formerly known as Rana Iron & Power Ltd.), At/Po- Kulei, Parjang, Dist-Dhenkanal on 15.09.2022 to carry out Ambient Air Quality Monitoring and Stack Emission Monitoring during monsoon period and verification of status of Environmental Clearance.16
a) Shri Saroj Kumar Sethi OAS(SS), Collector and District Magistrate, Dhenkanal
b) Shut Sandeep Nandi, Scientist 'B', MoEFE&CC, Integrated Regional Office, A/3, Chandrasekharpur, Bhubaneswar, Odlsha- 751023
c) Ms. Susmita Ekka, Scientist-D, CPCB, Eastern Regional Directorate, Kolkata, West Bengal 700107
d) Dr. Prakash Chand Gogineni, IFS, Divisional Forest Officer, Dhenkanal Forest Division, Dhenkanal
e) Dr. Anup Kumar Mallick, Regional Officer, SPCB, Angul, Odisha Sub-Collector, Kamakhyanagar, Dhenkanal and Tahasildar, Parjang, Dhenkanal accompanied the Committee members during site visit.
Officials of M/s. G. M. Iron and Steel Company Ltd. (formerly known as Rana Iron & Power Ltd.), At/Po- Kulei, Parjang, Dist- Dhenkanal were also present during site visit.
Statutory Clearances (as per records/reports of the SPCB)
1. Consent to Establish (CTE) was accorded by the State Pollution Control Board (SPCB), Orissa in favour of M/s. Rana Sponge Ltd. vide letter No.29790, dt.04.10.2004 for following facilities (copy of CTE enclosed as Annexure-1);
SI. Products Units Quantity in tonne
No. Per
1. DRI 1 x 100TPD Kiln A
1,35,000
1x 350TPD Kiln
2. M. S. Ingot 2 x 1OT Induction 75000
Furnace
3. Power Plant (based 8MW 8MW
on WHRB)
2. Consent to Establish (or manufacturing/production of MS Angle, Channels, Bar Round of quantity 2500MT/Month capacity in the industry premises of M/s. Rana Sponge Ltd. was granted by the SPCB vide letter No.14933, dt.09.05.2005.
3. Consent to Establish for production of Power (coal based) of capacity 4MW (by Installation of AFBC boiler) and for installation of producer gas plant of capacity 62.2kcal/hr (for the purpose of replacement of liquid fuel of capacity 500-600 liters/hr.) In the existing premises of M/s. Rana Sponge Ltd. (Sponge Iron Division) had been granted by SPCB, Orissa vide letter 5550, dt.31.03.2009.
17
4. 1st time Consent to Operate (CTO) in favour of M/s. Rana Sponge Ltd. was accorded by the SPCB vide memo No.03, dt.01.01.2007.
5. SPCB, Odisha has granted last Consent to Operate (CTO) in favour of M/s. Rana Iron and Power Ltd. vide letter No. 8396. dtd.21.05.2015 valid up to 31.03.2016.
6. M/s. GM Iron and Steel Company Ltd. had purchased the plant having following facilities through auction conducted by the bank on dt.17.03.2019.
SI. No. Products Units
1. DRI 1x100TPD Kiln
1450 TPD Kiln
2. M. S. Ingot 2x107 Induction
3. Power Plant F
WHEW 8MW
AFBC Boiler 4 MW
4. Re-rolling Mill 2500 TPM
Producer gas plant (for use In rolling
5. 62.2Kcal/hr
mill
7. CTO in favour of M/s. GM Iron and Steel Company Ltd. was granted by the SPC Board, Odisha vide letter No.8138, 13.08.2013 for following facilities.
Sl.
Product Quantity
No.
1. Sponge Iron- DRI Kiln-I 1 x 100TPD
2. Sponge Iron- DRI Kiln-II 1x 350TPD
3. Captive Power Plant 12MW( 8 MW WHRB+4MW AFBC)
4. Induction Furnace 2 x 10T/Heat
8. The unit has obtained Consent to Establish from SPC Board, Odisha vide Letter no-2397, dtd 18.02.2021 for modification or the existing Rolling Mill of capacity 30,000 TPA by installation of Continuous Casting Machine for production of the Billet of capacity 75000TPA.
9. At present industry has obtained CTO from the SPC Board, Odisha vide letter No.5150, dt. 26.03.2021 for following products, CTO is valid up to 31.03.2023.
Sl. Product Quantity
No.
1. Sponge Iron- DRI Kiln-I 1x100 TPD
2. Sponge Irons DRI Kiln-II 1x350TPD
3. Captive Power Plant 12MW( 8 MW WHRB+4MW AFBC)
4. Induction Furnace 2 x10T/Heat
5. Continuous Casting 75,000 TPA
Machine to Produce Billets
18
6. Rolling Mill 30,000 TPA
Report of Environmental Clearance
As per Para 2 of Environmental Impact Assessment Notification issued by MoEF vide S.O. 1533, dt. 14.09.2006, The following projects or activities shall require prior environmental clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Ministry of Environment and Forests for matters falling under Category 'A' in the Schedule and at State level the State Environment Impact Assessment Authority (SEIAA) for matters falling under Category '8' In the sold Schedule, before any construction work, or preparation of land by the project management except for securing the land, is started on the project or activity;
(i) All new projects or activities listed in the Schedule to this notification;
(ii) Expansion and modernization of existing projects or activities listed in the Schedule to this notification with addition of capacity beyond the limits specified for the concerned sector, that is, projects or activities which cross the threshold limits given in the Schedule, after expansion or modernization;
(iii) Any change in product - mix in an existing manufacturing unit included in Schedule beyond the specified range. Producer Gas Plant and Continuous Casting Machine units are not listed in the Environmental Impact Assessment Notification issued by MoEF vide S.O. 1533, dt. 14.09.2006, and amendments thereof. MoEF&CC vide EM Notification dt.25th June 2014 and 06th July 2015, exempted the coal/lignite/naphta and gas based thermal power plants having capacity <5MW, from requirement of prior environment clearance.
Consent to Establish was accorded by the State Pollution Control Board (SPCB), Orissa in favour of M/s. Rana Sponge Ltd. vide letter No.29790, dt.04.10.2004.
Application for first time Consent to Operate for M/s. Rana Sponge Ltd. was received on 18.04.2006 by the SPC Board, Odisha against which Inspection was carried out on 24.06.2006 by Regional Office, SPC Board, Angul, Odisha. As per the Inspection report, DRI along CPP (WHRB & AFBC), Induction Furnaces and Rolling Mill were installed.
19 Since, facilities (units) of Industry, M/s Rana Sponge Ltd., for which EC required had already been established prior to the Environmental Impact Assessment Notification issued by MoEF vide S.O. 1533, dt. 14.09.2006, therefore, Environmental Clearance for existing units was not required as per notification. M/s G. M. Iron & Steel Co. Ltd., Dhenkanal has submitted application at the MoEFE&CC for the Modernization & Expansion of existing iron & steel plant to final capacity of Sponge Iron - 3,72,900 TPA, Billets (Mild & Alloy Steel) - 2,70,000 TPA, Rolled Products - 2,70.000 WA, Captive Power 58 MW, Pellets 8,00,000 TPA and Slag Cement - 4,16,000 TPA. Public Hearing of proposed project was conducted on 03.11.2021 as per the procedure laid in the Environmental Impact Assessment (EIA) Notification. At present, the EC proposal is pending for Appraisal at MoEF&CC, which is STAGE 4 in grant of environmental clearance process. Re-inspection the site of the industry during the monsoon for air quality monitoring;
As mentioned above industry was re-inspected on dt.15.09.2022. During inspection, Source Emission monitoring was conducted at 1) Common stack connected to ESPs of 350 TPD kiln and AFBC Boiler and 2) Stack connected to ESP of 100 TPD Kiln and Fugitive emission monitoring was conducted at 1) Common area of Kiln & feeding point 2) Coal feeding point Et raw material storage site by CPCB team in presence of officials from SPCB. Water samples of Ghambharfa Nallah (u/s of Ghambharia Nallah and d/s of Ghambharla Nallah) and seepage water from the backside of the unit M/s. G M Iron & Steel were also collected by the team. Copy of the analysis and inspection report submitted by CPCB is attached as Annexure-11. As per the report;
PM concentration was observed as 538(mg/Nm3) and 85(mg/Nm3) respectively in the Stack of 350 TPD and 100TPD. The concentration of SO2 values observed as 527 (mg/Nm3) and MX respectively of the stack connected to ESP of 350 TPD rotary kiln and boiler and ESP of 100 TPD. The concentration of PM of stack connected to ESP of 350 TPD exceeding the limit of the prescribed standard of 50mg/Nm3. Fugitive emission was under limit due to monsoon season or sprinklers in operation at the time of monitoring. Analytical Result of Water Samples shows, there was no Impact of seepage water in Gambharia Nallah on the day of Inspection. Comments/ Recommendations by CPCB;
20 The industry M/s G M Iron & Steel was violating the norms of emission prescribed standards of 50mg/Nm3. There was no Separate Electricity Meter and totaliser for the Air Pollution Control Equipment and no record was maintained properly.
Heap of accumulated dust were observed near the DRI plant, in between kiln and raw material transfer section (Fig. 01) indicates there was huge emission from the said Industry. Backside boundary wall of the unit was also found in broken condition, so there are chances of leakage of any kind of pollutants from industrial run-off in the outside premises and ultimately it may flow to the river Brahmani through the Ghambharia Nallah. The housekeeping of the industry was in poor condition. The concrete roads to all the units are not yet completed. No records were found for fly ash generation / disposal, as per fly Ash Notification 1999.
Vehicle movements were not observed during the inspection day. No separate Environment Division was existing in the Industry to look after continuous operation of all pollution control devices round the clock Online OCEMS was not calibrated since installation, as reported. Sampling platform of the stack attached with ESP of 350 TPD rotary kiln was found at a stretch & continuous height of more than 20 meter which was not in compliance w.r.t OCEMS standard guidelines.
Recommendation PM concentration must be maintained as per existing prescribed standards in the consent.
The safety cap/emergency stack of rotary kiln should not be used for discharging untreated emission, bypassing the air pollution control device.
All Air Pollution Control Equipment must be provided with electricity meter and totaliser for continuous recording of power consumption. The unit may repair the boundary wall on the west side of the industrial premises.
Report on encroachment of land and its eviction; As per the report submitted by Tahasildar, Parjang 21 The M/s G.M Iron and Steel Company Ltd, Kulei encroached revenue forest land having Plot No.4055 measuring an area of Ac.8.00 classified as Jungle-2 Mela under Khata (holding) No 387. The eviction process was conducted on dt 26.08.2022 with the presence of Tahasildar, Parjang, Revenue Supervisor. Parjang, Revenue Inspector, Gengutia along with police personnel to vacate the unauthorized occupation of the encroacher from the revenue forest land having Plot No.4055 measuring an area of Ac.8.00 decimal under Khata (holding) No. 387 encroached by M/s GM Iron & Steel Company Ltd. The surrounding boundary walls existing over encroached forest lane have been demolished and evicted, now it is completely vacated and free from encroachment. Further as per the order dtd. 26.09.2022 of the Hon'ble National Green Tribunal Eastern Zone Bench Kolkata the eviction process was conducted on dtd 08/10(2022 in presence of Tahasildar Parjang, Revenue Supervisor Parjang, Revenue Inspector Gengutia along with police personnel to demolish the existing temple which is constructed unauthorised by M/s GM Iron & Steel Company Ltd, Kulei over the revenue forest land having Plot No.4055 measuring an area of Ac.8.00 (Eight acre) classified as Jungle-2 Mela under Khata (holding) No 387. The temple in question has been demolished and evicted from the encroached revenue forest land, now the revenue forest land is completely evicted and free from encroachment.
Report on encroachment of forest land by DFO, Dhenkanal As per the letter no.6976, dt.26.09.2022 submitted by Divisional Nodal Officer, Dhenkanal Division;
The forest plots mentioned as 9.1ha of Forest Land were as follows;
Khata No. Plot No. Mouza Area (in Current
Ha.) Status
1 2 3 4 5
387 4086 Kulei 1.975 No signs of
encroachment,
Open Forest,
387 4055 Kulei 6.273 Partly
encroached
currently the
compound wall
is demolished,
however of a
temple is still
existing
387 4098 Kulei 0.890 Outside the
Plant scrub
forest. No
signs of
encroachment.
TOTAL 9.1
22
M/s GM Iron & Steel Co. Ltd. has applied for Forest Division over an area of 11.853 Ha. of Forest Land under Forest (Conservation) Act, 1980 through IDCO vide Proposal No.145/06/2021, State Serial No.OR-049/2022 dt. 21.06.2022 which includes the above said plots also i.e. Plot No.4086 & 4098.
In the Forest Division Proposal the violation of FC Act is accordingly being reported for which the Company subsequently will be liable for penal conditions as per the existing rules.
26. Another affidavit dated 03.05.2022 has filed by Odisha State Pollution Control Board bringing on record an Inspection Report of inspection carried out on 08.12.2021, 12.01.2022, 26.04.2022/30.04.2022 which reads as under: -
"INSPECTION REPORT OF M/S G.M. IRON AND STEEL COMPANY LIMITED AT/PO-KULEI, PARAJANG, DIST- DHENKANAL M/s G.M. Iron and Steel Company Ltd. (formely known as Rank Iron & Power Ltd.) At/ Po.- Kulei, Parjang, Dist- Dhenkanal was inspected by Er. C.S. Chauhan, AEE and Er. S.N. Mohanty, AEE 08.12.2021 to verify the operational status of the industry and to verify the compliance of non-compliances mentioned in the direction issued to be industry vide Board's letter No. 16604, dt. 29.10.2021. Sri S. N. Das, AVP and Sri Dillip Rout, GM (Operation) of the plant were present during inspection.
The company is having facilities like 1x 350 TPD DRI kiln, 1x100 TPD DRI Kiln, 12 MW CPP (8MW WHRB+ 4 MW AFBC), Induction Furnace - 2 x 10 T/heat, Concast- 75,000 TPA and Rolling Mill - 30,000 TPA. Consent to operate granted to the unit is valid till 31- 032023.
Observations on the day of inspection:
1. None of the unit of the industry was in operation during inspection. All units were found to be under maintenance.
2. No wastewater was being discharged to outside the factory premises on the day of inspection.
3. Since, none of the unit was being operated; no ambient air quality or stack monitoring was conducted during inspection.23
Compliance Status of non-compliances mentioned in the direction issued to the industry vide Board's letter No.16604, dt. 29.10.2021.
Sl. No. Non-compliance Present Status
a) Result of stack monitoring No unit was in operation
conducted at ESP outlet of WHRB of during inspection,
DRI Kiln-350 TDP shows PM therefore stack
emission as 212mg/Nm3 exceeding
monitoring was not
the prescribed standard of
conducted.
50mg/Nm3.
b) Analysis result of sample collected No wastewater was
from plant discharge to outside (own being discharge to vacant land) near DM plant shows outside during inspection. concentration of SS as 232 mg/l exceeding the prescribed standard 100mg/l.
c) Analysis result of sample collected No wastewater was from plant discharge (waste water) being discharged to to outside shows prescribed outside during inspection. standard of 100mg/l.
d) Profuse emission was observed None of the units of from the emergency cap and slip industry was in operation rings of 350 TPD DRI kiln during inspection.
e) Accumulation of huge quantity of Dust accumulated at dust was observed at base of the base of the both rotary both rotary kiln area, ESP and bag kiln area, ESP and bag filter area of AFBC, DSC area of DRI filter area of AFBC, DSC unit, work zone area of both DRI area of DRI unit, work and AFBC Boiler area. zone area of both DRI and AFBC Boiler area were being cleaned.
f) Bag filter installed at DRI Kilns All bag filters and their were not working efficiently causing suction points were huge emission from cooler under maintenance discharger area, product house during inspection. building and PSB Building.
g) Visible emission was observed from None of the units of the bag filter installed at cooler industry was in operation discharge. during inspection.
h) At the ash silo area of AFBC and Dust accumulated near DRI ESP the pollution control the ash silo area of AFBC measures adopted was not and DRI ESP was being operated efficiently, which causing cleaned. huge quantity of accumulation of 24 solid waste and dust emission.
i) Working zone area below and Work zone areas below around transfer points, rotary kiln and around transfer area, bag filter and ESP hopper points, rotary kiln area, area were not entirely concreted bag filter and ESP hopper leading to poor housekeeping. area were being cleaned.
Concreting of these areas has not yet been started.
j) Empty oil drums and grease drums Empty oil drums were are placed haphazardly in open shifted into the area & oil spillage was observed in hazardous waste storage the ground adjacent to the empty oil shed.
drums. This has not been disposed
to processor authorized by the
Board
k) You have installed a very small Industry has proposed to
digital display board at the main replace the digital
gate, which require to be upgraded display board with a new
to the size of 6 feet x 4 feet as per one.
CPCB norms for clear display of
environmental information.
l) Housekeeping of entire plant area Dust accumulation in the was sound to be poor. entire plan areas and internal drains was being cleaned.
m) The Continuous Emission Monitoring Since the plant was not System (CEMS) installed at both the in operation, CEMS was stacks were not functioning. also not being operated.
However, it was reported by the plant authority that repairmen of CEMS is under progress.
n) You have not installed HD IP It was reported by the
Camera, mechanized wheel plant authority that they
washing system, PDHS at the bag have place work order for
filter hoppers of DRI units, DFS at installation of HD IP
common coal circuit and not Camera.
completed concreting of remaining Mechanized wheel
portion of internal roads, cleaning washing system with
and metaling of approach road to effluent treatment and
solid waste dump site, earth recycling facilities at the
covering and plantation over exit point of the industry
exhausted part of solid waste dump has not been installed.
area with provision of retaining PDHS system has not yet
25
wall/tie wall, parapet wall along been installed at the bag
the nallah, cleaning and repairing of filters of DRI units. Dust internal roads and not obtained accumulated at the Authorization under Hazardous & bottom of bag filters, Other waste (Management and ESPs, Economizers of transboundary movement) Rules boilers, etc. was being 2016 as per additional conditions cleaned.
stipulated in CTO order, through the DFS at the coal circuit time period has already been has not been installed.
elapsed. Cleaning of the internal
roads was being carried
out, remaining part of the
internal roads has not
been concerted.
Metaling of approach to
the dump site has not
been done.
Industry has proposed to
cover the exhausted part
of the solid dump site
and reclaim by
plantation.
Industry has proposed to
provide retaining
wall/toe wall, parapet
wall along the nallah
passing through the plant
area.
Industry has not yet
submitted any online
application for
authorization under
Hazardous and Other
Wastes (Management &
Transboundary
Movement) Roles, 2016
from the Board.
Conclusion: -
In view of the above suitable decision may be taken. INSPECTION REPORT OF M/S G.M. IRON AND STEEL COMPANY LIMITED. AT/PO-KULEI, PARAJANG, DIS- DHENKANAL 26 M/s G.M. Iron and Steel Company Ltd. (formerly known as Rana Iron & Power Ltd.), At/ P.O. Kulei, Parjang, Dist. - Dhenkanal was inspected by Er. C.S. Chauhan, AEE 12.01.2022 to verify the compliance of non-compliances mentioned in the direction issued to the industry vide Board's letter No. 20837, dt.27.12.2021 and public complaint lodged against the industry by Sri Santuni Kumar Bhukta and others through e-mail on dt. 08.01.2022 and 17.10.2021. Sri Deepak Kumar Nanda, Factory Manager of the plant was present during inspection. The company is having facilities like 1x350 TPD DRI kiln, 1x100 TPD DRI Kiln, 12 MW CPP (8 MW WHRB+ 4 MW AFBC), Induction Furnace - 2x10 T/heat, Consast-75,000 TPA and Rolling Mill - 30,000 TPA. Consent to operate granted to the unit is valid till 31-03-2023.
Observations on the day of inspection:
1. None of the unit of the industry was in operation during inspection. All units were found to be under maintenance. It was verified form the shift register record that 350TPD DRI Kiln taken shut down on 30.10.2021 in 'B' Shift. Temperature of the both kilns was also verified during inspection using IR Thermometer which comes to 22.6 0 C.
2. Cleaning in entire plant to improve housekeeping was under
process.
3. No wastewater was being discharged to outside the factory premises on the day of inspection.
4. Since, none of the unit was being operated; no ambient air quality or stack monitoring was conducted during inspection.
Compliance Status of non-compliance mentioned in the direction issued to the industry vide Board's letter No. 20837, dt. 27.12.2021.
Sl. No. Non-compliance Present Status
a) You have no concreted the work It was observed that
zone area concreting of work zone area
has been stated. Concreting
of area below ABC of 350TPD
DRI Kiln was completed.
Concreting of other work zone
are will be completed by 15th
February, 2022, as reported.
Concreting of remaining
internal roads will be
completed by 31st March,
2022. Industry has placed
work other in favor of M/s.
27
Pradhan Engineering for
concreting work (copy
enclosed).
b) You have not upgraded the Industry has placed purchase
digital display board at main order in favor of M/s. Better
gate for display of environment Enterprises for installation of
information. Digital Display Board which
will be installed by 25th
January, 2022, as reported
by plant's authority (copy
enclosed).
c) The repair of CEMS is not Since the plant was not in
completed. operation, CEMS was also not
being operated. However, it
was reported by the plant
authority that CEMS has been
repaired. Industry has
submitted copy of invoice
generated in favor M/s.
Bhoomi Process Management
Pvt. Ltd. for maintenance of
CEMS (copy enclosed).
d) You have not installed IP Industry has placed purchase
camera, mechanical wheel order in favor of M/s.
washing machine with Tronizware Design and
ETP,PDHS at hoppers of bag Research Lab Pvt. Ltd. for the
filters of DRI, DFS at coal circuit, installation of HD IP Camera concreting of remaining internal (copy of PO enclosed). IP road, metaling of approach road Camera will be installed by to dump site, soil covering of 7th February, 2022, as existing dump site, retaining reported.
wall/toe wall along the nalla Industry has placed purchase and not obtained authorization order in favor of M/s. Global under hazardous waste Tech Enviro Experts Pvt. Ltd. management from the Board as for installation of mechanized per additional conditions wheel washing system with stipulated in CTO order. effluent treatment and recycling facilities at the exit point of the industry (copy of PO enclosed). Mechanized wheel washing system will be installed by 10th February, 2022, as reported.
PDHS system has not yet
been installed at the bag
falters of DRI units. It was
reported by the Plant's
authority that it is under
28
planning and designing
stage. PDHS with silo will be
installed by 31st March, 2021.
DFS at the coal circuit has not
been installed. It was
reported by the authority that
DFS will be installed by 28th
February, 2022 at present it
is under planning and
designing stage.
As mentioned above
concreting of entire internal
roads (including drains and
approach road to dump site)
approx. 1.2 Km will be
completed by 31st March,
2022, work order has been
placed for the same.
Industry has proposed to use
the waste dumped inside
plant area for filling up the
low lying area available
inside plant premises for
expansion for industry.
Industry has submitted online
application No. 3933567, dt.
29.12.2021 to the Board for
authorization under
Hazardous and Other Wastes
(Management &
Transboundary Movement)
Roles, 2026.
Conclusion: -
In view of the above suitable decision may be taken.
Inspection Report of M/s G.M. Iron and Steel Company Limited, At/PO: Kulei, Tahasil: Parajang, Dist: Dhenkanal Surprise visit was conducted to M/s. G.M. Iron Steel Company Ltd. (formerly known as Rana Iron & Power Ltd.), At/P.O.- Kulei, Parjang, Dist.- Dhenkanal, on 26.04.2022 and 30.04.2022 by the undersigned along with Er. C.S. Chauhan, DEE in connection with status of operation of the industry and status of pollution control measures of the industry with respect to public complaint against the industry. Sri Dillip Rout, GM (Operation) of the plant was present during inspection. 29
The company is having facilities like 1x100 TPD DRI Kiln, 12 MW CPP (8MW WHRB+ 4 MW AFBC), Industry Furnace - 2x 10 T/heat, Concast - 75,000TPA and Rolling Mill - 30,000TPA. Consent to operate granted to the unit is valid till 31-03-2023. During visit 1x350 TPD DRI Kiln was not in operation but 1x100 TPD DRI Kiln. WHRB was in operation. The observations made during the inspection are given as follows. 100 TPD DRI Rotary Kiln :-
1. Before entry to the unit on 26.04.2022 the profuse emission was observed from the stack connected to 1x100TPD. The industry has installed an ESP of capacity 50,000 Nm3 /hr capacity attached to the 100 TPD kiln with FD cooler, ESP found operational during inspection. A stack of about 30 meter height has been attached to it. The industry has installed WHRB (2 MW) to the 100 TPD DRI Kiln. WHRB was not in operation.
2. CEMS has been installed at the stack connected with 100TPD DRI Kiln.
Gaseous analyzers were found operational during inspection, however, PM analyzers installed at the stack connected to 100TPD DRI was found to be defunct.
3. Enormous flue gas was being released through emergency cap of the kiln causing extensive air pollution it the area.
4. The industry has installed wet scrubber at the DSC of both rotary kiln and the radiant section of WHRB. Pneumatic dust handling system installed at the ESP hopper of 100 TPD Kiln. Huge quantity of accumulation of dust was observed surrounding the ESP and Stack area causing huge pollution and no clean space was available for movement.
5. Accumulation of solid waste was observed at the entire work zone area of Rotary Kiln including all bag filter areas.
6. The unit has installed common pulse jet gag filters (350 TPD & 100 TPD Rotary Kiln circuit) at i) Raw Material Circuit (Common for both DRI Plant and AFBC Plant) for coal handling (35000 m3/hr), ii) Transfer circuit & intermediate Bin (35000 m3/hr), iii) Product House, product separation unit and Cooler Discharge (50000 m3/hr), iv) Bag filter at coal Injection point (15000 m3/ hr) at 350 TPD and 100 TPD rotary kiln circuit. During visit all the bag filters were not operating perfectly and profuse emission was observed from Cooler Discharge bag filter area, raw material bag filter area, coal injection bag filter area and transfer circuit bag filter area.
7. Profuse emission was observed from the coal injection point of the 100TPD DRI kiln.
8. Huge fugitive emission was observed from emergency cap of 100 TPD ABC Rotary kiln, Slip seals area, Cooler discharge area and raw material handling area. Industry may be asked to up-grade common BFs or to install additional bag filters.
30
9. The House keeping at GCP area, DSC area and all the bag filter area was not satisfactory.
10. PDHS installed at the bottom of the ESP of 100TPD DRI unit was found to be not functioning properly. Silo connected to PDHS was found to be too low to collect/un-load dust in vehicle. Industry may be asked to repair and upgrade the PDHS at 100TPD DRI unit.
11. Platform provided at the stack connected to the ESP of 100TPD DRI Kiln was found to be damaged and unsafe for carrying out stack monitoring. Monkey ladder provided along MS stack was also unguarded and unsafe to climb up.
350 TDP DRI Rotary Kiln
1. The industry has installed an ESP of capacity 90,000 Nm3/hr capacity attached to the 350 TPD kiln. A common stack (350 TPD DRI Kiln and 4MW AFBC) of about 56 meter height has been attached to it. The industry has attached WHRB (6 MW) to the 350 TPD DRI Kiln. 350 TPD DRI Kiln was not in operation of dt. 26.04.2022, however, it was in operation on 30.04.2022, the day of monitoring. Stack monitoring was conducted at the common stack attached to the 350 TPD DRI kiln and AFBC boiler, analysis report enclosed separately.
2. Fugitive emission was observed from the stack cap of 350 TPD DRI Kiln during monitoring.
3. CEMS has been installed at the common stack connected with 350 TPD DRI Kiln and 4MW AFBC Boiler. Gaseous analyzers were found operational during inspection, however, PM analyzers installed at the common stack was found to be defunct.
4. Common RCC Stack of 350 DRI Kiln and AFBC has also monkey ladder and unsafe platform to conduct stack monitoring. AFBC Power Plant Adjacent to the 350 TPD capacity DRI Rotary Kiln, the unit has 4MW capacity AFBC Power Plant. It has separate ESP and common stack with 350 TPD DRI. During visit, on either days, it was observed that the AFBC Power plant was not in operation. Induction Furnace with CCM:-
The unit has installed two Nos. of induction furnaces each of capacity 10 T/HET. The industry has provided swiveling hood to collect fume from each furnace and provision has been made the dust will be treated with separate wet scrubber. During visit it was not in operation.31
Rolling Mill:-
During visit it was observed that till date the unit has not started operation of rolling mill.
Other observations:-
1. Ambient air quality monitoring was conducted inside plant premises on 30.04.2022. Analysis report enclosed separately.
2. Huge fugitive emission from emergency caps and stacks of both DRI kilns have been observed by the Board's official and complainants during various instances while passing through the Pitri-Pallahara road.
3. It is observed that adjacent to the industry there is a natural stream called Gambharia Nallah exists and in between natural nallah and the industry, the boundary wall at some portion has been collapsed. The industry has not yet rebuilt the boundary wall adjacent to nallah.
4. Remaining portion of internal roads has not been concreted. The internal roads in between rotary kiln area and back side of Rolling mill area was in completely damaged condition causing huge fugitive emission during playing of vehicles.
5. Internal drains were found to be covered with waste material at many places inside plant premises.
6. The solid waste dumping practice of the industry was not satisfactory. The industry has not taken any steps to cover the inactive portion of char dump by earth material and provision of earthen bund/boundary wall and drain around dump area.
7. Sri Santunu Kumar Bhukta lodged public complaints against the industry on dt. 08.01.2022, 17.10.2021, 03.02.2022 11.02,2022, 16.02.2022 and 05.05.2022 regarding air and water pollution caused by the industry. Following observations were made against the points raised by Sri Santunu Kumar Bhukta;
a) Since, encroachment of forest land or revenue land does not come under the purview of the Board, therefore, there is no comment to offer.
b) All wastewater and surface runoff generated from the plant area goes to the common guard cum rainwater harvesting pond. No wastewater discharge from this pond to outside was observed during inspection. However, there is possibility of discharge of excess surface runoff and runoff from waste dume area to be Gambharia nallah during monsoon period. 32 Therefore, industry may be asked to install Surface Runoff Collection and Treatment System before monsoon within the plant premises for the collection of contaminated surface runoff from the RMHS, Plant and Waste Disposal Areas and treated water shall meet discharge standards before discharging of excess surface runoff outside factory premises. Treated runoff water may be reused for sprinkling, cooling, etc.
c) It was observed during inspection that industry has stated disposing of char dumped near main gate. It was reported by the plant authority that land over which char is stocked is within the plant premises area. Industry was asked to moisten the char during handling to control fugitive emission. Another dump of dried iron ore slurry and fines was observed outside the plant premises at about 100m away in the west from the plant boundary. Due to higher content of mud/soil in the ore fines, dump was observed to be settled/stabilized and there was less possibility of dust getting air borne from this dump, however, there is possibility of flow of runoff from the dump area into nearby areas.
d) Industry has provided a drain through boundary wall for passage of rainwater. Internal drains were found to be choked/covered with waste material at many places. Complaint regarding drainage of rainwater could not be verified during inspection due to non-monsoon period.
e) Ambient air quality monitoring was conducted inside plant premises and stack monitoring was conducted at common stack connected to 300TPD DRI unit and AFBC unit on dt. 30.04.2022. 100TPD DRI unit was not in operation on the day of monitoring. Analysis report enclosed separately.
f) As mentioned above, CEMS have been installed at the stack connected with 100TPD DRI Kiln and Common stack of 350DRI Kiln and AFBC Boiler. PM analyzers at 100TPD DRI Kiln and 300TPD DRI Kiln was completely defunct.
g) A shed of about 4500m2 size has been provided inside plant premises for the storage and processing of raw materials. In addition to this shed, raw materials (iron ore and coal) is also stored in open area.
h) Industry has installed AFBC boiler for generation of 4MW electricity. Since dolochar which contains dolomite and lime is used as major part of fuel for steam generation. Lime and dolomite in char reduces the SO2 concentration in flue gas. It 33 was reported by the plant authority that AFBC boiler has inbuilt NOX burner. AFBC boiler was not in operation on the day of inspection.
Compliance to additional conditions stipulated in consent order granted vide letter no. 5150, dt. 26.03.2021. Sl. No. Additional Conditions Compliance Status
1. The industry shall improve During visit accumulation of solid housekeeping in the plant area waste material was observed in entire and made calibration of CEMS work zone area in haphazard within one month. manner.
CEMS for monitoring of PM at 100TPD
DRI Kiln and 300TPD DRI Kiln was
completely defunct. Gaseous
analyzers at 100TPD and 350 TPD
DRI Kilns found operational during
inspection.
2. Industry shall install adequate Industry has installed IP Camera on
numbers of HD IP (Internet the roof of control room of 350TPD DRI
Protocol) surveillance cameras as unit (Lat: 200 59'0.50''N, Long: 850
per technical specification given 16'12.60"E). It was found operational
in earlier consent to operate order during inspection but yet to be and submit location w.r.t. connected with server of the Board. Latitude and Longitude, device ID of camera, date of installation and IP address to this office for establishing connectivity with the server of the Board.
3. Concreting of remaining portion Concreting of entire internal roads of internal roads. Clearing and (including drains) approx. 1.2Km has metalling of approach road to the not yet been completed. solid was dump. Metaling of approach road to dump side has not yet been completed.
No work in progress was observed during inspection.
4. The industry shall install Industry has placed purchase order in mechanized wheel washing favor of M/s. AJD Environmental system along with effluent Solutions, Jamshed put for treatment and recycling facilities installation of mechanized wheel at the exit point of the industry. washing system with effluent treatment and recycling effluent treatment and recycling facilities at the exit point of the industry. During visit it was observed that the industry has not yet installed wheel washing system. Civil construction was also observed to be stopped at the base 34 level.
5. Installation and revival of PDHS system has not been installed pneumatic dust handling system at the bag filters of DRI units. (PDHS) at the bag filter installed at DRI units.
6. The industry shall made earth During visit it was observed that the covering and plantation over industry has not provided earth exhausted part of the solid material on the inactive portion of waste dump area & provision of solid waste dump area. toe wall/retaining wall / earthen Industry has proposed to use the bund around soil waste dump waste dumped inside plant area for area.
filling up the low lying area available inside plant premises for expansion of the industry.
7. Industry shall protect nallah It is observed that adjacent to the passing through plant area by industry there is a natural nallah providing parapet wall along exists and in between natural nallah either side of the nallah. and the industry, the boundary wall at some portion has been collapsed.
The industry has not yet rebuilt the boundary wall adjacent to nallah.
8. Clearing and repairing of internal The industry has not taken any steps drains shall be completed. for concreting of remaining portion internal drains. Internal drains were found to be choked at many places.
9. Installation of dry fog system in During visit it was observed that DFS the common coal circuit to control at the coal circuit has not been fugitive dust emission. installed.
10. Industry shall obtain Industry has submitted online authorization under Hazardous application No.3933567, dt. and other Wastes (Management 29.12.2021 to the Board for and Transboundary Movement) authorization under Hazardous and Roles, 2016. Other Waste (Management & Transboundary Movement) Rules, 2016.
Compliance Status of conditions mentioned in the direction issued to the industry vide Board's letter No. 133, dt. 28.01.2022:
Sl. No. BG Conditions Present Status
a) Concreting of work During visit it was observed that as on date the
zone area industry has completed concreting work at the
below ABC of 350TPD DRI Kiln area.
Concreting of other work zone areas are still to be completed. During inspection, no work in progress was observed
b) Up-gradation of digital Digital display board has not yet been installed.
display board Industry has placed purchase order in favor of 35 M/s. Better Enterprises for installation of Digital Display Board.
c) Installation of IP Industry has installed IP Camera on the roof of Camera control room of 350TPD DRI unit (Lat:
20059'0.50''N, Long : 16'24.60"E). It was found operational during inspection but yet to be connected with server of the Board.
d) Mechanical wheel Industry has placed purchase order in favor of Washing system M/s. AKD Environmental Solutions, Jamshedpur for installation of mechanized wheel washing system with effluent treatment and recycling facilities at the exit point of the industry.
During visit it was observed that the industry has not yet installed wheel washing system.
Civil construction was also observed to be stopped at the based level.
e) PDHS at hoppers of PDHS system has not yet been installed at the bag filters of DRI Kilns bag filters of DRI units.
f) Dry Fog Systems (DFS) During visit it was observed that DFS at the at coal circuit, coal circuit has not been installed.
g) Concreting of remaining Concreting of entire internal roads (including internal road. drains) approx. 1.2 Km has not yet been completed. No work in progress was observed during inspection.
h) Metaling of approach Metaling of approach road to dump site has not road dump site and yet been completed. No work in progress was retaining wall along the observed during inspection. nallah Suggestion:-
1. The unit shall upgrade or retrofit the existing ESPs at both the Rotary Kilns to meet the prescribed standards. Interlocking of ESP with kiln feed system to stop operation of DRI kiln in case failure if ESP. Non operation of ESP causes emission of untreated flues gal to the atmosphere causing air pollution in the surrounding area.
2. The unit shall upgrade the bag filters installed at product house, stock house, coal injection point and Cooler Discharge point of both the Kilns.
3. Repair and up-gradation of PDHS system and dust silo installed at the Boiler and ESP of 100 TPD DRI Kiln for proper collection, evacuation and disposal of ash.
4. Installation of PDHS at hoppers of bag filters of DRI Kilns.
5. Urgent remedial action shall be initiated for housekeeping in the entire work zone area.36
6. PM analyzers installed at the common stack of 350TPD DRI & AFBC and stack connected to 100TPD DRI were found to be defunct. Industry may be asked to installed new PM analyzer at both the stacks.
7. Dry fog system and water sprinklers shall be installed at the coal handling and iron ore circuit.
8. Coal crusher shall be operating during day time with adequate dry fog system.
9. Immediate shift of solid waste from the entire work zone area to the present solid waste dump site.
10. Industry may be asked to provide separate ladder structure and safe platform at stack connected to ESPs of both DRI Kilns to conduct stack monitoring safely.
11. Concreting of remaining portion of work zone areas and internal roads
12. Cleaning of internal drains and concreting of remaining portion of internal drains.
13. Installation of mechanical wheel washing system with ETP.
14. Metaling of approach road to dump site and repairmen of retaining wall along the nallah.
15. Industry may be asked to install Surface Runoff Collection and Treatment System before monsoon within the plant premises for the collection of contaminated surface runoff from the RMHS, Plant and Waste Disposal Areas and treated water shall meet discharge standards before discharging of excess surface runoff outside factory premises.
16. Provision of earthen bund/boundary wall and drain around waste disposal area.
17. Installation of digital display at the main gate for display of environmental information.
Conclusion:-
The overall environmental compliances were not satisfactory. There has been huge accumulation of dust at entire work zone area like ESP area, Chimney area, all the bag filter area causing dust nuisance in the surrounding area. There may cause severe accident at any time as the most of the area of the industry is filled with dolochar and waste material. Due to wind blow action the dust may spread in the adjoining area of cultivated rice field and surrounding villages and adjacent to water body. Public complaint from villagers of Kulei through Grievance cell of Collectorate, Dhenkanal and through SPCB, HO was also received to this office regarding operation of the plant without taking any pollution control measures. The compliance to addition conditions of CTO was not 37 satisfactory. The aforesaid observation can be termed as sheer negligence on the part of the unit towards control of pollution. Industry may be called for personal hearing at SPCK, HO. Direction under Section 31 A of AIR (PCP) Act, 1981 and Under Section 33 A of Water (PCP) Act, 1974 may be initiated to the unit for violation the consent conditions and causing environmental pollution."
27. Along with this affidavit, Test Reports have also been filed as Annexure showing Particulate Matter Concentration and standard required both dated 02.05.2022 which read as under: -
"Test Report Report No.324/Air/ST/04/2022 Date: 02.05.2022
1. Name & Address of the : M/s. GM Iron & Steel Industry/Source Company Ltd., Kulei, Parjang, Dhekanal.
2. Date of Sample receipt : 30.04.2022
3. Date of sampling : 30.04.2022
4. Sample collected by : Er. C S Chauhan, DEE, Sri S K Bhoi, ASO. & Sri S K Sahoo, FA Date of sampling 30.04.2022 Sl. Location of Flue Flue gas Particulate Standard No. Sampling gas Velocity Matter (mg/NM3) Point Temp. (Mtr./Sec.) Conc.
( C) 0 (mg/NM3) 1 Stack 143 11.93 58 50 attached to WHRB of DRI Kiln 350 TPD after ESP Test Report Report No.323/Air/Amb./04/2022 Date: 02.05.2022
1. Name & Address of the : M/s. GM Iron & Steel Industry/Source Company Ltd., Kulei, Parjang, Dhekanal.
2. Date of Sample receipt : 30.04.2022
3. Date of sampling : 30.04.2022 38
4. Sample collected by : Er. C S Chauhan, DEE, Sri S K Bhoi, ASO. & Sri S K Sahoo, FA Date of sampling 30.04.2022 Weather Condition Clear Sl. No. Location of the station Concentration in µgm/m3 Respirable Suspended Particulate Matter (PM10) 1 AAQ Near Administrative Building 126 (Central Store) 2 AAQ at Back side of the Plant near 82 Thapa Colony Standard 100
28. The Odisha State Pollution Control Board has filed additional affidavit dated 18.05.2023. Along with this affidavit, a Committee Report on Ambient Air Quality and Source Emission Monitoring of an inspection carried out on 10-11.03.2023 has been filed. The relevant extract of the Committee Report reads as under: -
"Report on Ambient Air Quality and Source Emission monitoring;
During inspection, the ambient air quality and stack emission monitoring were carried out by CPCH and OSPCB. The samples were analysed at CPCB, RD Kolkata laboratory, which is an EPA recognized laboratory.
Source emission monitoring was conducted on 10th March, 2023 at the following location:
1. Common stack connected to ESPs of 350 TPD kiln and AFBC boiler and
2. Stack connected to ESP of 100 Kiln PM concentration in stack connected to ESPs of 350 TPD kiln and AFBC boiler was observed as 51 mg/Nm3 which marginal exceeds the limit of the prescribed standard of 50 mg/Nm3. However, PM concentration in stack connected to ESP of 100 TPD Kiln was observed as 67 mg/Nm3 which is within the limit of the prescribed standard of 100 mg/Nm3.
24-hour Ambient Air Quality monitoring was conducted during 10-
11 March, 2023 at the following location:
39
1. Near office area and
2. Boundary near Kulei Village Results of the same area tabulated below:
Date and Location PM10 (µ/m3) PM2.5 (µ/m3) SO2 NO2 Time (µ/m3) (µ/m3) 10.03.2023 93 6 44 (Shift I) 10.03.2023 Near 88 78 3 30 (Shift II) Office 10- Area 153 3 33 11.03.2023 (Shift III) 24 hr Avg 111 78 4 36 value Prescribed 100 60 80 80 Standard 10.03.2023 110 94 3 15 (Shift I) 10.03.2023 111 <3 19 (Shift II) Boundary 10- Near 477 <3 32 11.03.2023 Kulei (Shift III) Village 24 hr Avg 233 94 <3 22 value Prescribed 100 60 80 80 Standard Results of the ambient air quality monitoring reveals that 24-hourly average value of PM10 (111 µg/m3 at near office area and 233 µg/m3 at boundary near Kulei village) and PM2.5 (78 µg/m3 at near office area and 94 µg/m3 at boundary near Kulei village) at both the location exceeds the National Ambient Air Quality Standard (2009) of 100 µg/m3 and 60 µg/ m3 respectively. However, 24-
hourlyaverage value of SO2 and NO2 are within the prescribed standard at both the location.
Present status on the observation made by the committee during earlier inspection dated 15.09.2022:
Sl. No. Comments/Recommendat Observations on 10.03.2023 ions
1. The industry M/s. G.M. Iron It is observed from the results of Stack & Steel was violating the monitoring conducted on 10.03.2023 at norms of emission the Common stack connected to ESPs of prescribed standards of 50 350 TPD kiln and AFBC Boiler at PM mg/Nm3 concentration in flue gas was 51 mg/Nm3 against the prescribed emission 40 standards of 50 mg/Nm3.
During last inspection dated 15.09.2022, PM level was observed 538 mg/Nm3.
2. There was no Separate It was observed that separate electricity Electricity Meter and totaliser meter and totaliser have been installed at for the Air Pollution Control the APC devices and records were Equipment and no record maintained. Copy of log book of energy was maintained properly. meter from December 2022, as provide by the industry is enclosed as Annexure-1.
3. Heap of accumulated dust Dust accumulated near the DRI plant, in were observed near the DRI between kiln and raw material transfer plant, in between kiln and section was observed to be cleared. raw material transfer section As informed by the unit, the accumulated (Fig. 01) indicates there was dust has been used for filling of the low huge emission from the said lying area of the unit. Industry.
4. Backside boundary wall of Backside boundary wall of the unit along the unit was also found in the Ghambharia Nallah in the western broken condition, so there side of the plant has been repaired.
are chances of leakage of However, the industry has not constructed
any kind of pollutants from the boundary wall around the dump of
industrial run-off in the residual iron ore fines and solid waste
outside premises and dump site.
ultimately it may flow to the
river Brahmani through the
Ghambhari Nallah.
5. The housekeeping of the Inside the plant premises, the road length
industry was in poor is 2.5 km and as observed, approximately
condition. The concrete 90% of the roads has been
roads to all the units are not concreted/black topped. Road adjacent to
yet completed. the SMS building in the south side has not
been concreted. However, as reported by the industry, completion of the remaining work of concreting will be completed within two months.
6. No records were found for fly It was observed that industry has ash generation/ disposal, as maintained the record for fly ash/dust per Fly Ash Notification generation and disposal. Copy of records 1999. provided by industry attached as Annexure-2.
7. Vehicle movements were not During visit vehicle movement in raw observed during the material handling area and product inspection day. despatch area was observed.
8. No separation Environment Industry has formed an Environment Division was existing in the Division. Details of Environment Division industry to look after provided by the plant authority is enclosed continuous operation of all as Annexure-3.
pollution control devices 41 round the clock.
9. Online OCEMS was not Online OCEMS has been calibrated on calibrated since installation, 11th November, 2022 which is valid till as reported. 10th November, 2023. However, the OCEMS data as transferred to CPCB server (13 mg/Nm3) is not comparable with the monitoring value of 51 Mg/Nm3.
Copy of calibration certificate of OCEMS provided by the industry enclosed as Annexure-4.
10. Sampling platform of the It is yet to be modified/renovated.
stack attached with ESP of However, as reported by the industry, the 350 TPD rotary kiln was renovation work of the same will be found at a stretch & completed within 3 months. continuous height of more than 20 meter which was not in compliance w.r.t.
OCEMS standard
guidelines.
Recommendation
1. PM concentration must be Industry may be directed to initiated maintained as per existing necessary measures to minimize the PM prescribed standards in the level as per the CTO prescribed standard. consent
2. The safety cap/emergency It was reported by the plant authority that stack of rotary kiln should ESPs are operation all the times except not be used for discharging during certain exigencies such as i) during untreated emission, startup of the Kilns ii) during shut down of bypassing the air pollution the Kilns iii) temporary power failure, iv) control device. mechanical / electrical failure of any of the EXP components. During such exigency like failure of ESP components, the plant takes the concerned Rotary Kiln into hold made, temporarily suspended the production till appropriate rectification jobs are made and ESPs are put into normal operation condition. During instant power failure a spurt of emission takes place from the Kiln for a period of 10 to 15 minutes, since the DG sets which supplies backup power to operate ESP needs at least 10 minutes to synchronize its operation with the synchronize its operation with the process unit. During start up and shut down of the kiln there is inevitable emission through emergency stack cap from the kilns for a period of 8 to 10 hours.
During visit emergency stack cap of both 42 the DRI kilns were found closed, no leakage was observed from the stack cap.
Since the plant is having captive power plant, such power failure shall be minimized. The unit shall maintain record of use of emergency stack cap and report to OSPCB on monthly basis.
3 All Air Pollution Control It was observed that separate electricity Equipment must be provided meter and totaliser have been installed at with electricity meter and the APC devices and records were Totaliser for continuous maintained. Copy of log book of energy recording of power meter submitted by the industry is consumption. enclosed as Annexure-1.
4. The unit may repair the The unit has failed to construct boundary boundary wall on the west wall in western side of the plant along side of the industrial solid waste dump site till date. premises.
Report on recommendations of Committee during previous inspection on 08.06.2022.
Sl. No. Recommendations Observations on 10.03.2023
1. Committee desires to conduct Ambient Air Quality and Source inspection and stack with Emission monitoring was conducted Ambient Air Quality monitoring during inspection. Results of the same of industry during its full are described in Page No. 2.
operation after monsoon
period to assess effective
operation of Air Pollution
Control Devices and adequacy
of pollution control measures
adopted by the industry.
2. Repairing/construction of Boundary wall along Ghambharia
boundary wall along Nallah in the northern side of the plant
Gambharia Nallah and has been repaired, however, height of
increase of height of entire entire boundary wall of the plant has
boundary wall of the plant not been increased.
3. Construction of boundary wall Boundary wall around solid waste
around solid waste dump site dump site and along western side of the
and along western side of the plant area has not been constructed.
plant area.
4. Concreting of remaining Inside the plant premises, the road
internal roads to control length is 2.5 km and as observed,
fugitive dust emission. approximately 90% of the roads has
been concreted/black topped. Road
adjacent to the SMS building in the
south side has not been concreted.
However, as reported by the industry,
completion of the remaining work of
43
concreting will be completed within two months.
5. Time bound disposal of Records of disposal of dolochar and dolochar and other solid other solid wastes submitted by the wastes dumped inside plant plant authority is enclosed as premises. Annexure-5.
6. Industry shall provide Industry has not yet provided the boundary wall around the boundary wall abound the dump of dump of residual iron ore residual iron ore fines. fines. Garland drain around Industry has provided drain along the dump area followed by northern and western side of the dump settling pond shall be provided area followed by a settling pit. to avoid flow of surface runoff to adjacent areas.
Recommendations:
1. Industry shall initiate necessary measures to minimize the PM level as per the CTO prescribed standard.
2. The unit shall perform validation and re-calibration of the OCEMS installed in both the stack in presence of SPCB officials, as the values are not comparable.
3. Industry shall concrete all its remaining work zone areas to impose housekeeping and reduce dust emission.
4. Industry shall stabilize the solid waste dump site using soil cover followed by coir matting along the slope of the dump and plantation over top of the dump.
5. Industry shall not dispose/dump any waste over Govt./Private land outside the plant premises without prior permission/consent from the SPCB and concerned departments. The Collector & District Magistrate, Dhenkanal has formed a district level committee to address the issues related to dumping of ash/wastes in Govt./Private land by ash generating agencies.
6. Industry shall construct the boundary wall around the dump of residual iron ore fines and solid waste dump site.
7. Industry shall renovate the sampling platform of the stack connected to ESPs of 350 TPD kiln and AFBC boiler.
8. Industry shall concrete the approach road connecting plant gate and Banarpal-Pallahara road."
29. The Odisha State Pollution Control Board has filed further affidavit dated 19.08.2023. Along with this affidavit, Inspection 44 Report has been filed of an inspection carried out on 04.08.2023 which reads as under: -
"Inspection Report of M/s. G.M. Iron & Steel Company Ltd., At/PO-Kulei, Parajang, Dist-Dhenkanal.
The aforesaid industry was inspected on 04-08-2023 in connection with the O.A. No.45/2022/EZ, Santunu Kumar Bhukta and Anr. Vs M/s GM Iron & Steel Company Ltd. & others. Officials of the said company were present during inspection.
Back Ground:
The unit has obtained Consent to Operate for the following products vide Board's letter No.5331, dtd. 31.03.2023 which is valid up to 31.03.2024.
Sl. Product Capacities Operational Status No.
1. Sponge Iron-DRI 1x100TPD Operational Kiln-I
2. Sponge Iron-DRI 1x350TPD Operational Kiln-II
3. Captive Power Plant 12MW (8 MW Operational WHRB+4MW AFBC)
4. Induction Furnace 2x10T/Heat Operational
5. Continuous Casting 75,000 TPA Operational Machine to Produce Billets
6. Rolling Mill 30,000 TPA Operational Observations w.r.t. recommendations of the joint committee last inspected during 10-11 March, 2023 Sl. No. Recommendation Observations
1. Industry shall initiate It was observed during visit necessary measures to that visible stack emission minimize the PM level as was taking place from per the CTO prescribed common stack attached to standard. WHRB of DRI kiln-350 TPD & AFBC Boiler after ESP. the stack monitoring report was observed to be 86 mg/NM3 against the Permissible Standard of the Board which is 50 mg/NM3. However, monitoring report of the stack attached to WHRB of DRI kiln 100 TPD after ESP was observed to be 82 mg/NM3 which is within the permissible standard of the Board which is 100 mg/NM3.45
Copy of the monitoring report thus obtained is enclosed as annexure-I.
2. The unit shall perform The industry has not yet validation and re- performed the validation and calibration of the OCEMS re-calibration of the OCEMS installed in both the stack installed in both the stack in in presence of SPCB presence of SPCB officials. officials, as the values are not comparable.
3. Industry shall concrete all The industry has completed its remaining work zone about 90% of the concreting areas to improve of internal roads. Concreting housekeeping and reduce of remaining 10% of internal dust emission. road of length 250m (Approx.) near SMS shed has not yet been completed.
4. Industry shall stabilize It was observed that industry the solid waste dump site has provided earth cover over using soil cover followed top of the solid waste dump by coir matting along the site, using soil cover followed slope of the dump and by coir matting along the plantation over top of the slope of the dump and dump. plantation over top of the dump site has been done.
5. Industry shall not It was observed during visit dispose/dump any waste that, the industry has over Govt./Private land already removed all the outside the plant premises waste dump from the Govt.
without prior land outside the plant
permission/consent from premises and has reclaimed
the SPCB and concerned it with earth cover.
departments. The
Collector & District
Magistrate, Dhenkanal
has formed a district level
committee to address the
issues related to dumping
of ash/wastes in
Govt./Private land by ash
generating agencies.
6. Industries shall construct Industry has not yet
the boundary wall around constructed the boundary
the dump of residual iron wall around the dump of
ore fines and solid waste residual iron ore fines and
dump site. solid waste dump site.
7. Industry shall renovate It was observed during visit
the sampling platform of that, the industry has not yet
the stack connected to renovated the sampling
ESPs of 350 TPD kiln and platform of the stack
AFBC boiler. connected to ESPs of 350 TPD
kiln and AFBC boiler.
8. Industry shall concrete It was observed during visit
46
the approach road that, the industry has not yet
connecting Plant gate and concreted the approach road Banarpal-Pallahara road. connecting plant gate and Banarpal-Pallahara Road.
30. Annexure-I to the affidavit is a Test Report of Flue Gas Temperature, Flue Gas Velocity, Particulate Matter and Standard which read as under: -
"Test Report Report No.324/Air/ST/04/2022 Date: 02.05.2022
1. Name & Address of the : M/s. GM Iron & Steel Industry/Source Company Ltd., Kulei, Parjang, Dhekanal.
2. Date of Sample receipt : 04.08.2023
3. Date of sampling : 04.08.2023
4. Sample collected by : Er. S R Kuanr, AES, Sri P K Behera, AES, Sri S K Bhoi, ASO & Sri B N Jena, FA Date of sampling 04.08.2023 Sl. Location of Flue Flue gas Particulate Standard No. Sampling gas Velocity Matter (mg/NM3) Point Temp. (Mtr./Sec.) Conc.
(0C) (mg/NM3)
1 Common 153 10.22 86 50
stack
attached to
WHRB of DRI
kiln 350 TPD
and AFBC
Boiler after
ESP
2 Stack 142 10.14 82 100
attached to
WHRB of DRI
kiln 100 TPD
after ESP
31. The Respondent-Industry has filed its affidavit dated
24.09.2022 as also 22.11.2022, 23.05.2023, 07.08.2023 and 03.10.2023.47
32. Affidavits in response have been filed by the Applicant.
33. A preliminary objection has been raised by Mr. Sanjay Upadhyay, learned Counsel to the effect that the present Original Application is not maintainable at the behest of the Applicant and if at all only an Appeal was maintainable under the provisions of the National Green Tribunal Act, 2010 (hereinafter referred to as the 'NGT Act, 2010') read with the Water (Prevention and Control of Pollution) Act, 1974 hereinafter referred to as the 'Water Act, 1974' and Air (Prevention and Control of Pollution) Act, 1981 hereafter referred to as the 'Water Act, 1981'.
34. Learned Counsel submitted that the provision of Appeal is contained in Section 16 of the NGT Act, 2010 under which Appeal is provided to the National Green Tribunal inter alia against any order or decision by the Appellate Authority under Section 28, Section 29 and Section 33-A of the Water Act, 1974 and under Section 31 of the Air Act, 1981. Learned Counsel submitted that Appeals provided under the Water Act and Air Act being statutory and the Tribunal itself being a creature of statute, having been created under the NGT Act, 2010, only a statutory Appeal was maintainable and the present Original Application in any case on the facts as stated is not maintainable.
35. Reliance has been placed on the judgment of the Hon'ble Supreme Court in (2019) 19 SCC 479, Tamil Nadu Pollution Control Board vs. Sterlite Industries (India) Limited & Ors. and judgment and order dated 09.04.2015 passed by the National Green Tribunal, 48 Southern Zone Bench, Chennai in Original Application No.154/2014 (SZ) and M.A. No.284/2014 (SZ) and connected cases.
36. Mr. Sanjay Upadhyay, learned Counsel submitted that the Applicant by way of the present Original Application is seeking revocation of the Consent to Operate and the said order having been passed under Section 25 of the Water Act, 1974 the Appeal against the aforesaid order was provided under Section 28 of the Act, 1974 before such Appellate Authority as the State Government may think fit to constitute.
37. Mr. Sankar Prasad Pani, learned Counsel for the Applicant on the other hand submitted that the right of Appeal under Section 28 of the Water Act, 1974 was a remedy provided only to a person aggrieved by an order made by the State Board under Section 25, Section 26 or Section 27 of the Act, 1974 who may file the Appeal within thirty days from the date on which the order is communicated to him, before such Appellate Authority.
38. Section 25 of the Water Act, 1974 reads as under: -
"25. Restrictions on new outlets and new discharges.-- [(1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board,--
(a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or
(b) bring into use any new or altered outlet for the discharge of sewage; or
(c) begin to make any new discharge of sewage:49
Provided that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of 1988), for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent, within the said period of three months, till the disposal of such application.
(2) An application for consent of the State Board under sub-
section (1) shall be made in such form, contain such particulars and shall be accompanied by such fees as may be prescribed.] (3) The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in sub- section (1) and in making any such inquiry shall follow such procedure as may be prescribed.
[(4) The State Board may--
(a) grant its consent referred to in sub-section (1), subject to such conditions as it may impose, being--
(i) in cases referred to in clauses (a) and (b) of sub-
section (1) of section 25, conditions as to the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage;
(ii) in the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or new discharge is to be made; and
(iii) that the consent will be valid only for such period as may be specified in the order, and any such conditions imposed shall be binding on any person establishing or taking any steps to establish any industry, operation or process, or treatment and disposal system of extension or addition thereto, or using the new or altered outlet, or discharging the effluent from the land or premises aforesaid; or
(b) refuse such consent for reasons to be recorded in writing.
(5) Where, without the consent of the State Board, any industry, operation or process, or any treatment and 50 disposal system or any extension or addition thereto, is established, or any steps for such establishment have been taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of sewage is made, the State Board may serve on the person who has established or taken steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, or using the outlet, or making the discharge, as the case may be, a notice imposing any such conditions as it might have imposed on an application for its consent in respect of such establishment, such outlet or discharge.
(6) Every State Board shall maintain a register containing particulars of the conditions imposed under this section and so much of the register as relates to any outlet, or to any effluent, from any land or premises shall be open to inspection at all reasonable hours by any person interested in, or affected by such outlet, land or premises, as the case may be, or by any person authorised by him in this behalf and the conditions so contained in such register shall be conclusive proof that the consent was granted subject to such conditions.] (7) The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in all respects to the State Board.
(8) For the purposes of this section and sections 27 and 30,--
a) the expression "new or altered outlet" means any outlet which is wholly or partly constructed on or after the commencement of this Act or which (whether so constructed or not) is substantially altered after such commencement;
b) the expression "new discharge" means a discharge which is not, as respects to nature and composition, temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made within the preceding twelve months (whether by the same or a different outlet), so however that a discharge which is in other respects a continuation of 51 previous discharge made as aforesaid shall not be deemed to be a new discharge by reason of any reduction of the temperature or volume or rate of discharge of the effluent as compared with the previous discharge."
39. Mr. Sankar Prasad Pani, learned Counsel referring to the provision of the Section 25 of the Water Act, 1974 submitted that the said provision places restrictions on new outlets and new discharges and sub-Section 1 of Section 25 provides that subject to the provisions of this Section, no person shall, without the previous consent of the State Board.
(a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or
(b) bring into use any new or altered outlet for the discharge of sewage; or
(c) begin to make any new discharge of sewage.
40. Learned Counsel further submitted that the proviso to Section 25 sub-Section 1 lays down that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988 for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has 52 made an application for such consent, within the said period of three months, till the disposal of such application.
41. Mr. Sankar Prasad Pani, learned Counsel, therefore, submitted that the provisions of Section 25 of the Water Act, 1974 are applicable in the case of a person who establishes or takes steps to establish any industry, operation or process or treatment or disposal system etc. without the previous consent of the State Board.
42. Learned Counsel submits that the Applicant has neither set up the Respondent No.1-Industry nor is he operating or processing the same nor is he involved in the treatment and disposal system of any sewage/effluent of the said industry and, therefore, any order that may be passed by the State Board under Section 25 only provides the remedy of Appeal to a person establishing or operating such industry under Section 28 of the Water Act, 1974 and the only remedy available to the Applicant is by way of the Original Application before the Tribunal to assail the Consent to Operate if the same has been granted in violation of the Rules or is being operated by the Project Proponent in violation of conditions laid down in the Consent to Operate and any person aggrieved by any such operation of the industry in violation of the conditions laid down in the order of Consent to Operate, only has a remedy by way of Original Application and not by way of Appeal to challenge the same.
53
43. We have examined the provisions of Section 25 of the Water Act, 1974 in the context of the submissions made by the rival parties. Section 25 sub-Section (1) of the Act, in no uncertain terms, injuncts a person from establishing or taking steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land without the previous consent of the State Board. The Section also injuncts in person from bringing into use any new or altered outlet for discharge of sewage or to begin to make any new discharge of sewage without the consent of the State Board.
44. This Section clearly applies to a Project Proponent and not to a person who is a complainant against a Project Proponent who establishes or takes any steps to establish any industry, operation or process or any treatment or disposal system etc. for discharge of sewage in violation of consent regime.
45. Similarly Section 26 makes provisions regarding existing discharge of sewage or trade effluent who was discharging any sewage or trade effluent into a stream or well or sewer on land. The provisions of Section 25 of the Act, in our opinion, would apply to such person. Section 26 of the Water Act, 1974 reads as under: -
"26. Provision regarding existing discharge of sewage or trade effluent.--Where immediately before the commencement of this Act any person was discharging any sewage or trade effluent into a 1 [stream or well or sewer or on land], the provisions of section 25 shall, so far as may be, apply in relation to such person as they apply in relation to the person referred to in that section subject to the 54 modification that the application for consent to be made under sub-section (2) of that section 2 [shall be made on or before such date as may be specified by the State Government by notification in this behalf in the Official Gazette]."
46. Likewise Section 27 of the Water Act, 1974 deals with refusal or withdrawal of consent by the State Board and such action of the State Board can only cause a grievance to the Project Proponent applying for consent or who has been granted consent which is subsequently withdrawn by the State Board. Section 27 of the Water Act, 1974 reads as under: -
"27. Refusal or withdrawal of consent by State Board.--3 [(1) A State Board shall not grant its consent under sub-section (4) of section 25 for the establishment of any industry, operation or process, or treatment and disposal system or extension or addition thereto, or to the bringing into use of a new or altered outlet unless the industry, operation or process, or treatment and disposal system or extension or addition thereto, or the outlet is so established as to comply with any conditions imposed by the Board to enable it to exercise its right to take samples of the effluent.] [(2) A State Board may from time to time review--
[(a) any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such condition;]
(b) the refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deemed fit.] (3) Any condition imposed under section 25 or section 26 shall be subject to any variation made under sub-section (2) and shall continue in force until revoked under that sub-
section."
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47. Neither Section 25, 26 nor 27 apply to any person complaining against the action of a Project Proponent who is acting in violation of the consent regime of the State Board and, therefore, in our opinion, the only remedy available to such a complainant would by way of an Original Application under Section 14 & 15 of the National Green Tribunal Act, 2010.
48. In the Sterlite Industies (India) Limited case (supra), the facts disclosed in the said judgment itself show that Sterlite Industries was granted NOC by the Tamil Nadu State Pollution Control Board on 01.08.1994. Environmental Clearance was granted on 16.01.1995/17.05.1995. The Tamil Nadu State Pollution Control Board granted its consent under the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'the Air Act') and the Water Act, 1974 on 22.05.1995. The Tamil Nadu State Pollution Control Board issued Consent to Operate on 14.10.1996. However, the environmental clearances were challenged before Hon'ble Madras High Court in Writ Petitions Nos.15501-503 of 1996, 5769 of 1997 and 16961 of 1998. The Tamil Nadu State Pollution Control Board on 20.05.1999 granted consent for production of two more products, namely, phosphoric acid and hydrofluorosilicic acid. On 21.09.2004, a Supreme Court Monitoring Committee was constituted to verify the compliance status of hazardous waste management. The Committee recommended to the MoEF that the environmental clearance for the proposed expansion should not be granted and if granted, the same should be revoked. Meanwhile, the Madras High Court on 28.09.2010, allowed the various writ 56 petitions and quashed the environmental clearances granted to the respondents and directed the Tamil Nadu State Pollution Control Board to close down the plant. Thereafter, on the basis of certain inspection reports of the premises carried out by the Tamil Nadu State Pollution Control Board, the TNPCB issued a show-cause notice dated 24.03.2013 and directed closure of the unit under Section 31-A of the Air Act on 29.03.2013. This order was stayed by the NGT on 31.05.2013, allowing the Sterlite Industries to commence production subject to certain conditions. Against this order, the TNPCB filed Civil Appeals Nos.4763-64 of 2013. On 08.08.2013, the NGT set aside the TNPCB order dated 29.03.2013, against which, Civil Appeals Nos.8773-74 of 2013 were filed. The Appellants before the Hon'ble Supreme Court raised the issue of maintainability of the appeal of the Sterlite Industries before the NGT, stating that an appeal should have been filed first before the appellate authority under the Air Act/the National Green Tribunal Act, 2010. The ground of maintainability was decided by the NGT by its order dated 08.08.2013. Paragraph 3 of the said judgment reads as under: -
"3. Meanwhile, on 23-3-2013, the residents of nearby areas started complaining of irritation, throat infection, severe cough, breathing problem, nausea, etc. due to emissions from Sterlite Industries. Reports were obtained after inspection of the premises by the TNPCB. Based on these reports, the TNPCB issued a show-cause notice dated 24-3-2013 and directed closure of the unit under Section 31-A of the Air Act on 29-3-2013. This order was stayed by the NGT on 31-5-20131, allowing the respondent to commence production subject to 1 Sterlite Industries (India) Ltd. v. T.N. Pollution Control Board, 2013 SCC OnLine NGT 1886 57 certain conditions. Against this, the TNPCB filed Civil Appeals Nos.4763-64 of 2013, which will be disposed of by the judgment delivered in this case. Finally, on 8-8-20132, the NGT set aside the TNPCB order dated 29-3-2013, against which, Civil Appeals Nos.8773-74 of 2013 were filed, which again will be disposed of by this judgment. It is important to note that the appellants herein raised the issue of maintainability of the respondent's appeal before the NGT, stating that an appeal should have been filed first before the appellate authority under the Air Act/the National Green Tribunal Act, 2010 ["the NGT Act"]. This ground of maintainability was decided against the appellants by the impugned order dated 8-8-20132."
49. Under Section 31-A of the Air Act, 1981, the Board may pass orders in exercise of its powers and functions under the Act, 1981. Section 31 of the Act, 1981 provides for appeal to the Appellate Authority against an order of the State Board.
50. Section 31-B of the Air Act, 1981 provides for Appeal to the National Green Tribunal to a person aggrieved by an order of the Appellate Authority passed under Section 31 of the Air Act, 1981, read with Section 16 (f) of the NGT Act, 2010. Paragraph-32 of the Sterlite Industries (supra) reads as under: -
"32. From the above authorities, it is clear that an appeal is a creature of statute and an Appellate Tribunal has to act strictly within the domain prescribed by statute. It is obvious that an appeal would lie from an order or decision of the appellate authority under Section 28 of the Water Act to the NGT only under Section 33-B (a) of the Water Act read with Section 16 (a) of the NGT Act. Similarly, an appeal would lie from an order or decision of the appellate authority under Section 31 of the Air 2 Sterlite Industries (India) Ltd. v. T.N. Pollution Control Board, 2013 SCC OnLine NGT 68 58 Act to the NGT only under Section 31-B of the Air Act read with Section 16 (f) of the NGT Act. Obviously, since no order or decision had been made by the appellate authority under either the Water Act or the Air Act, any direct appeal against an original order to the NGT would be incompetent. NGT's jurisdiction being strictly circumscribed by Section 33-B of the Water Act, read with Section 31-B of the Air Act, read with Sections 16 (a) and (f) of the NGT Act, would make it clear that it is only orders or decisions of the appellate authority that are appealable, and not original orders. On the facts of the present case, it is clear that an appeal was pending before the appellate authority when the NGT set aside the original order dated 9-4-2018. This being the case, the NGT's order being clearly outside its statutory powers conferred by the Water Act, the Air Act, and the NGT Act, would be an order passed without jurisdiction."
51. It was in the context of these facts that the Hon'ble Supreme Court held that a leapfrog appeal to the NGT cannot be countenanced and that the NGT is only conferred appellate jurisdiction from an order passed by an Appellate Authority. Where there is no such order, the NGT has no jurisdiction to entertain an appeal.
52. In our opinion, the appellate provisions under Section 16 (a) of the NGT Act, 2010, do not provide any remedy of appeal to a complainant against environmental degradation being caused by the Project Proponent acting in violation of consent norms of the State Board.
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53. Thus, in the case of the Sterlite Industries, it was the Project Proponent which had filed the Appeal before the NGT which was held to be not maintainable by the Hon'ble Supreme Court.
54. In the case of D.V. Girish, we find that the originally Appeal No.5 of 2015 was filed by the first applicant (converted from Application No.53 of 2015) by an environmental activist having come to know about the construction of a large scale commercial resort at the base of Mullayangiri hill Karnataka and the Tribunal held that the Appeal under Section 16 of the NGT Act, 2010 is beyond scope, powers and jurisdiction of the Tribunal and is not maintainable. The Appellant had originally filed an Application and at the time of admission, a direction was issued to the Registry to convert the Application into an Appeal. We, are therefore, satisfied that the case law referred to by the learned Counsel for the Respondent No.1 has no application in the present case and the present Original Application is maintainable in the Tribunal.
55. In view of our observations made hereinabove, we are of the view that the present Original Application is maintainable at the behest of the applicant.
56. The documents on record show that the Unit was inspected on 28.09.2021 and 06.10.2021 wherein non-compliances being found a closure order was issued on 29.10.2021. The Observations in the report read as under: -
"a) Result of stack monitoring conducted at ESP outlet of WHRB of DRI Kiln-350 TPD shows PM emission as 212 mg/Nm3 exceeding the prescribed standard of 50 mg/Nm3.60
b) Analysis result of sample collected from plant discharge to outside (own vacant land) near DM plant shows concentration of SS as 232 mg/l exceeding the prescribed standard 100 mg/l.
c) Analysis result of sample collected from plant discharge (waste water) to outside shows concentration of SS as 780 mg/l against the prescribed standard of 100 mg/l.
d) Profuse emission was observed from the emergency cap and slip rings of 350 TPD DRI Kiln.
e) Accumulation of huge quantity of dust was observed at base of the both rotary kiln area, ESP and bag filter area of AFBC, DSC area of DRI Unit, work zone area of both DRI and AFBC Boiler area.
f) Bag filter installed at DRI Kilns were not working efficiently causing huge emission from cooler discharge area, product house building and PSB Building.
g) Visible emission was observed from the bag filter installed at cooler discharge.
h) At the ash silo area of AFBC and DRI ESP the pollution control measures adopted was not operated efficiently, which causing huge quantity of accumulation of solid waste and dust emission.
i) Working zone area below and around transfer points, rotary kiln area, bag filter and ESP hopper area were not entirely concreted leading to poor housekeeping.
j) Empty oil drums and grease drums are placed haphazardly in open area & oil spillage was observed in the ground adjacent to the empty oil drums. This has not been disposed to re-processor authorized by the Board.
k) You have installed a very small digital display board at the main gate, which required to be upgraded to the size of 6 feet x 4 feet as per CPCB norms for clear display of environmental information.
l) Housekeeping of entire plant area was found to be poor.
m) The Continuous Emission Monitoring System (CEMS) installed at both the stacks were not functioning.
n) You have not installed HD IP Camera, mechanized wheel washing system, PDHS at the bag filter hoppers of DRI Units, 61 DFS at common coal circuit and not completed concreting of remaining portion of internal roads, cleaning and metaling of approach road to solid waste dump site, earth covering and plantation over exhausted part of solid waste dump area with provision of retaining wall/toe wall, parapet wall parapet wall along the nallah, cleaning and repairing of internal roads and not obtained Authorization Under Hazardous & Other Waste (Management and Transboundary Movement) Rules 2016 as per additional conditions stipulated in CTO order, though the time period has already been elapsed."
57. Issuing the closure order the Project Proponent was directed to carry out rectification/compliance to remove the lapses. The Report notes that PM emission to be 212 mg/Nm3, exceeding the prescribed standard of 50 mg/Nm3. Suspended solid in the discharge to outside on vacant land found to be was 232 mg/l, exceeding the prescribed standard of 100 mg/l. The suspended solid from the sample collected from plant discharge (waste water) to outside was found to be 780 mg/l against the prescribed standard of 100 mg/l. Profuse emission was observed from the emergency cap and slip rings of 350 TPD DRI kiln. Accumulation of huge quantity of dust was observed at the base of both rotary kiln area, ESP and bag filter area of AFBC, DSC are of DRI Unit, work zone area of both DRI and AFBC Boiler area. Bag filter installed at DRI kilns were found to be not working efficiently causing huge emission from cooler discharge area, product house building and PSB Building. There was huge accumulation of solid waste and dust emission at the ash silo area of AFBC and DRI ESP. Empty oil drums had not been disposed of. The Continuous Emission 62 Monitoring System (CEMS) installed at both the stacks were not functioning.
58. The Inspection Report of the inspection carried out on 08.06.2022 which is extracted hereinabove shows that at the time of inspection none of the units of the industry were in operation and were shut down and under maintenance, as a result of which Ambient Air Quality Monitoring (AAQ) and stack could not be conducted. It was also noticed that the industry has its solid waste dump area in the north-west corner of the plant premises and the waste of the dump area had spread over adjoining agricultural land and, therefore, the industry was directed to provide a boundary wall of adequate height to contain the waste from spreading to the nearby areas. It was also noted that though earth cover had been provided over the top of the solid waste dump site but no earth cover was provided along the slope of the dump. Boundary wall around the solid waste dump site and along the western side of the plant area had not been provided. The Recommendations for taking remedial action were given to the Project Proponent, Respondent No.1 by the Odisha State Pollution Control Board.
59. The Inspection Report of an inspection carried out on 15.09.2022 notes that on the day of the inspection huge dust had accumulated near the DRI plant, in between the kiln and raw material transfer section, which indicates that there was huge emission from the said industry. Housekeeping inside the industry premises was found poor. The adjoining roads to all the units were 63 not concreted. No records were found for fly ash disposal. Sampling platform of the stack attached with ESP of 350 TPD rotary kiln, was found at a stretch & continuous height of more than 20 meter was not in compliance w.r.t. OCEMS standard guidelines. The guidelines provide that "If the approach to platform is by using vertical ladder's, then at every 10-12 meters landing platform should be provided. The entire length of ladder must have protective back guard/cage."
60. The Report also observed that no separate electricity meter and totalizer for the air pollution control equipment was provided; non-functioning of pollution control equipment should be recorded in the same logbook along with reasons for not running the pollution control equipment; no such log book was presented before the inspecting team on the day of inspection.
61. The Unit was also inspected on 08.12.2021, 12.01.2022, and 26.04.2022/30.04.2022, the Report of which has been extracted hereinabove. The Report mentions that none of the units of the industry was in operation during inspection; all Units were found to be under maintenance; no waste water was being discharged to outside the factory premises on the date of inspection. The compliance status of non-compliances issued to the industry vide Board's letter dated 29.10.2021 has already been referred to hereinabove.
62. The Unit was inspected on 12.01.2022 to verify compliance of the non-compliances mentioned in the Board's letter of 27.12.2021 64 and it was found that concreting of work zone area had been completed and the remaining would be completed by 15.02.2022. Concreting of internal roads would be completed by 31.03.2022. The compliance status of non-compliances mentioned in the Board's letter of 27.12.2021 has been extracted hereinabove which mentions that the industry has placed purchase order in favour of M/s Better Enterprises for installation of Digital Display Board which will be installed by 25.01.2022. CEMS has been repaired and invoice generated in favour of M/s Bhoomi Process Management Pvt. Ltd. for maintenance of CEMS has been submitted. The Unit industry has placed purchase order in favour of M/s Tronizware Design and Research Lab Pvt. Ltd. for installation of HD IP Camera which will be installed by 07.02.2022. Purchase order has been placed in favour of M/s Global Tech Enviro Experts Pvt. Ltd. for installation of mechanized wheel washing system with effluent treatment and recycling facilities in the industry. It is also noted that industry has proposed to use the waste dumped inside plant area for filling up the low lying area available inside the plant premises for expansion of industry.
63. The further Inspection Report of inspection carried out on 26.04.2022 and 30.04.2022 shows that huge fugitive emission was observed from the emergency cap of 100 TPD ABC Rotary kiln, slip seals area, cooler discharge area and raw material handling area. PDHS installed at the bottom of the ESP of 100 TPD DRI Unit was found to be not functioning properly. PM analyzers installed at the stack connected to 100 TPD DRI was found to be defunct. 65 Enormous flue gas was being released through emergency cap of the kiln causing extensive air pollution in the area. Accumulation of solid waste was observed at the entire work zone area of Rotary Kiln including al bag filter areas. Profuse emission was observed from the coal injection point of the 100 TPD DRI Kiln.
64. This shows that between the inspections of 26.04.2022/ 30.04.2022 and 08.06.2022 there were serious environmental lapses on the part of the industry. We find that even though directions were issued to the industry vide Board's letter no.133 dated 28.01.2022 there were environmental lapses on the part of the Respondent-Industry which is borne out from the Inspection Reports extracted hereinabove.
65. In the inspection carried out on 10/11.03.2023, the report of which is extracted hereinabove, shows that certain compliances have been carried out by the industry though PM concentration in flue gas was found to be 51 mg/Nm3 as against the prescribed emission standard of 50 mg/Nm3. The report mentions that during the last inspection dated 15.09.2022 the PM level was observed at 538mg/Nm3 though there is a reduction in the particulate matter level but the same still requires to be within the prescribed emission standards of 50 mg/Nm3. The report also mentions that the Respondent-Industry has not constructed the boundary wall around the dump of solid waste dump site as directed in the earlier Inspection Report and solid waste area was found to have spread over the outside area. The report also noted that sampling platform 66 of the stack attached with ESP of 350 TPD Rotary Kiln was yet to be modified/renovated and it was informed that the same will be completed within three months.
66. With respect to the Recommendations of the Committee recorded during the inspection of 08.06.2022, it was observed that the boundary wall along the solid waste dump site and along the western side of the plant area has not been constructed. This would lead to solid waste spilling over to the outside area, which has happened earlier and is also noted in the Report hereinabove. The height of the boundary wall of the plant has also not been increased particularly along the Ghambharia Nallah. It is also noted that industry has not yet provided boundary wall around the residual iron ore fines.
67. The stand of the Respondent No.1, Project Proponent, is that the industry was originally in the name of one Rana Sponge Limited which was subsequently purchased by the present M/s G.M. Iron and Steel Company Ltd. Consent to Establish (CTE) was previously granted in favour of Rana Sponge Limited on 04.10.2004 by the Odisha State Pollution Control Board. Another Consent to Establish (CTE) was granted on 09.05.2005 in favour of Rana Sponge Limited for production/manufacture of M.S., Angle, Channels, Bar Round of quantity of 2500 MT/month capacity. Consent to Operate (CTO) was granted on 31.03.2009 in favour of Rana Sponge Limited for installation of gas (62.2 kcal/hr capacity) and for production of coal based power (4 MW capacity-AFBC) at the factory. Thereafter, the 67 Consent to Operate was renewed from time to time on 21.05.2015 valid upto 31.03.2016. However, post March, 2016, the factory had shut down operations and workmen were rendered unemployed; Rana Sponge Limited had defaulted on its credit facilities provided by the State Bank of India pursuant to which the factory was auctioned by way of public auction under the SARFAESI Act, 2002. It is stated that the Respondent No.1, M/s G.M. Iron and Steel Ltd. participated in the public auction and being the successful bidder acquired ownership of the said factory inclusive of the factory land and moveables and machinery in June, 2019. Respondent No.1 acquired ownership of land measuring about 43.86 acres vide Sale Certificate dated 10.06.2019.
68. Mr. Sanjay Upadhyay, learned Counsel for Respondent No.1 submitted that M/s G.M. Iron and Steel Company Ltd. purchased moveable and immoveable assets of Rana Power and Steel Company Limited from CFM Asset Reconstruction Company Pvt. Ltd. (CFM ARC) vide registered Sale Deed dated 07.06.2019.
69. He further submitted that there was no takeover/acquisition/amalgamation/merger by the Respondent No.1 of Rana Iron and Steel Ltd. and it was only a case of acquisition of assets "without any liability" through Asset Reconstruction Company mechanism permissible under the SARFAESI Act, 2002. Learned Counsel also submitted that Rule 9 sub-Rule 7 and 10 of the Securities (Enforcement) Rules, 2002 contemplates exclusion of liabilities in assignment agreement 68 between the State Bank of India and CFM Asset Reconstruction Company.
70. Along with the affidavit of the Respondent No.1-Industry, the Certificate of sale in respect of moveable property has been filed as Annexure-R/4, however, the Sale Deed of land (Immovable Asset) (through Sale Certificate) registered on 07.06.2019 has not been filed by the Respondent No.1 for the reasons best to known to it. Therefore, it is not possible for us to know whether the sale by CFM Asset Reconstruction Company Private Limited (CFM ARC) to the Respondent No.1 of the assets of the erstwhile Rana Power and Steel Company Limited was free from legal encumbrances or otherwise. Therefore, the submission of the Mr. Sanjay Upadhyay, learned Counsel for the Respondent-Industry remains unsubstantiated in the absence of the registered Sale Deed of the land.
71. Sub-Rule 10 of Rule 9 of the SARFAESI Rules, 2002, clearly states that 'the certificate of sale issued under sub-rule (6) shall specifically mention that whether the purchaser has purchased the immovable secured asset free from any encumbrances known to the secured creditor or not'.
72. In such circumstances, the Sale Deed of land dated 07.06.2019 should have been filed by the Respondent No.1- Industry and in the absence thereof the Respondent No.1 cannot claim immunity for past violations.
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73. The documents on record show that Consent to Operate (CTO) was granted to the Respondent No.1 on 13.08.2019 valid upto 31.03.2020 and again on 31.03.2020 valid from 01.04.2020 to 31.03.2021. There is no dispute that the Respondent No.1-Industry has the Consent to Operate thereafter.
74. Mr. Sanjay Upadhyay, learned Counsel further submitted that for almost two years after purchase of the Rana Iron and Steel Ltd. by the Respondent No.1 there was no production and the industry was not operating due to COVID-19 conditions and in any case the Industry cannot be held liable for environmental violations during this period. However, the closure notice of 29.10.2021 which is based on an inspection carried out on 28.09.2021 and 06.10.2021 belie the contentions of the Respondent No.1. The findings and observations of the Inspection Report have already been extracted hereinabove which shows concentration of suspended solid as 232 mg/l exceeding the prescribed standard of 100 mg/l; PM emission as 212 mg/Nm3 exceeding the prescribed standard of 50 mg/Nm3; suspended solid collected from plant discharge (waste water) to outside as 780mg/l against the prescribed standard of 100mg/l. The Report also mentions profuse emission was observed from the emergency cap and slip rings of the 350 TPD DRI Kiln among other observations of environmental violations. Therefore, it cannot be said that the Industry was not functioning on the date of the two inspections.
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75. The Applicant has also alleged that the Respondent No.1- Industry was granted permission by the CGWA to draw 109500 cubic meters per annum or 300 cubic meters per day with 4 bore wells with validity upto 25.05.2022 with a set of conditions which have not been complied.
76. The CGWA has filed its affidavit dated 16.12.2022 stating that Respondent No.1, M/s G.M. Iron and Steel Company Ltd., has entered into an agreement with the State Government for supply of surface water and they have sealed the bore wells and surrendered the NOC.
77. The Odisha State Pollution in its affidavit dated 03.05.2023 has stated that the Department of Water Resources, Govt. of Odisha vide letter No.17001 dated 15.07.2021 (Annexure-R-4/15, page no.607 of the paper book) has permitted the Respondent No.1, Unit withdrawal of 0.56 cusec of surface water from the Gambharia Nallah.
78. The Inspection Reports on record do not mention that the Respondent No.1 is utilizing ground water through illegal or unauthorized bore wells. It may be that some conditions of the permission granted by the Central Ground Water Authority for maintaining details of month-wise ground water abstraction may not have been complied with.
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79. In our opinion, that is a matter for which we grant liberty to the CGWA to examine those issues and take appropriate action in accordance with law.
80. The allegations of the Applicant in the Original Application further is that M/s Rana Iron and Steel Company Ltd., was established in an area of 58.2 acres and the Unit was shut down in 2012 as it became bankrupt. 44 acres of land according to the Applicants was put to auction by the State Bank of India. The case of the Respondent No.1, M/s G.M. Iron and Steel Company Ltd., itself is that it purchased the original Rana Sponge Ltd., lock stock through a public auction under the SARFAESI Act, 2002 in which the Respondent No.1 was the successful bidder and acquired ownership of the factory land and moveable/machinery through registered Sale Deed of the land (immovable asset) dated 07.06.2019 and Certificate of Sale (moveable property) dated 10.06.2019. The case of the Industry is that the Respondent No.1- Industry acquired ownership of land measuring about 43.86 acres. Though it is contended by the Respondent No.1 that it has not encroached any land, either forest land or otherwise, but in their affidavit they have stated that 9.10 acres of forest land and 1.44 acres of non-forest land owned by the State of Odisha was all along in the possession of erstwhile M/s Rana Sponge Ltd. and part of the factory premises.
81. The Collector & District Magistrate, Dhenkanal, in his affidavit dated 26.09.2022 has stated that the Respondent No.1 has 72 encroached upon Ac.8.00 (Eight acre) of revenue forest land having Jungle-2 Mela Kisam and Ac.2.54 (2 acres and 54 decimals) of Non- Forest Government land. Land schedule has also been filed with the affidavit and it is stated that the boundary wall over the encroached forest land has been demolished and eviction carried out and the said forest land is now completely free from encroachment except an area on which there is a temple on the encroached forest land which has not been demolished. However, this Court by its order dated 26.09.2022 directed the State Respondents to demolish the temple by the next date of listing and it is now pointed that the temple has also been demolished as confirmed in the affidavit of the Collector & District Magistrate, Dhenkanal dated 10.10.2022.
82. We have already noted hereinabove that for encroachment of Forest Land by the Respondent No.1, a penalty of Rs.3,31,452/- (Rupees Three Lakh Thirty One Thousand Four Hundred Fifty Two only) has been recovered from the Respondent No.1.
83. So far as encroachment on the Non-Forest Government land is concerned, this Court by its earlier order dated 26.09.2022 has observed that the same does not fall within the jurisdiction of the National Green Tribunal.
84. The Applicant has further referred to the Inspection Report filed with the affidavit of the State Pollution Control Board, Odisha dated 12.10.2022 and submitted that there is a finding that no records were found for fly ash generation or disposal as per Fly Ash Notification.
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85. The Respondent-Industry has filed its objection dated 22.11.2022 denying the allegations stating that they had acceptance letter from Monte Carlo ITL Ltd. for fly ash along with latest records of fly ash generated/disposal dated 23.09.2022. Annexures have filed in support of the contention as Annexure-R/2 (colly).
86. It is also stated that the said Industry has the Certificate of OCEMS vide Certificates dated 15.09.2022 and 21.11.2022 and the next is due on 10.11.2023.
87. It is further stated that the Industry has Hazards and Pollution Committee consisting of Members from both the management and workers.
88. The Committee Reports of Inspection also do not show any water contamination or seepage by the Respondent No.1 of the nearby Gamharia Nallah as alleged by the Applicant.
89. The Applicant alongwith his rejoinder affidavit dated 06.05.2023 has filed photographs dated 28.08.2022, 01.09.2022, 10.10.2022, 08.12.2022, 16.02.2023, 13.03.2023, 22.02.2023, 02.02.2023 and other photographs as Anneuxre-2 (colly) showing profuse emission of black soot from the chimney of the Respondent No.1, Unit, and submitted that the Respondent No.1 was continuously causing pollution through emission of black soot from its chimney in the process of operation of the Unit. 74
90. Mr. Sanjay Upadhyay, learned Counsel for Respondent-Unit sought to clarify the photographs by submitting that the emission of black smoke from the chimneys was due to firing of the ovens and every time the ovens were fired smoke would be emitted from the chimneys but it cannot be said that it is a continuous process and that the environment is continuously being affected by such emissions. We are not satisfied with the submissions of the learned Counsel for the Respondent-Unit. The Unit was expected to have taken stern remedial measures for preventing emissions of black smoke from the chimneys as evidenced in the photographs which are not small emissions but rather, are thick and profuse emissions showing that the Unit has failed to take remedial measure to curb the same.
91. The Respondent-Unit in its affidavit 23.05.2023 has stated that the Real Time Data Acquisition and monitoring of both stack 1 and stack 2 is being transferred on a regular basis to the Odisha State Pollution Control Board RT-DAS Website; the only time the data is not collected is when the Unit is under shutdown condition.
92. With regard to the presence of dust in the yard, the explanation given by the Unit is that tarpaulin covering the dust yard is stolen on a daily basis and FIR dated 17.03.2023 has also been filed by the Unit. It is stated that on the night of 10.03.2023, 32 pieces of plastic net from the site were stolen and thereafter, the pit has again been covered with fresh tarpaulin and full time security has been provided at the spot.
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93. In our opinion, security steps should have been anticipated and taken in the first instance by the Unit under the Precautionary Principle, to prevent theft of tarpaulin and their own statement shows that action has been taken only after thefts have actually taken place and full time security has been installed at the spot. Therefore, the Unit cannot escape its liability for the creation and settlement of dust in the yard as noted in the Inspection Reports.
94. The Unit has filed affidavit dated 07.08.2023 stating therein that ambient air quality monitoring had revealed that PM10 average value is 111 µg/m3 as against 100 µg/m3 near the office area and 233 µg/m3 as against 100 µg/m3 at the boundary near Kulei Village. It is also stated that PM2.5 was 78 µg/m3 near office area as against 60 µg/m3 and 94 µg/m3 at the boundary near Kulei Village as against 60 µg/m3 which exceeds the NAAQ Standards (2009). This itself shows that the Unit has not taken adequate steps for maintaining the air quality within the prescribed standard of 100 µg/m3 as per requirements of the NAAQ Standards (2009).
95. Some of the compliances made by the Unit have been filed along with the affidavit but we can only observe that the compliance has been made after gross environmental violations have been noted in the various Inspection Reports and, therefore, the Unit cannot escape its liability for past violations caused.
96. The Unit has filed affidavit dated 03.10.2023 referring to the judgments relied upon by him as well as the various Inspection 76 Reports which have already been dealt with by us hereinabove and need not be repeated for sake of gravity.
97. The Odisha State Pollution Control Board has filed affidavit dated 19.08.2023 with an Inspection Report of an inspection carried out on 04.08.2023 which reads as under: -
"Inspection Report of M/s. G.M. Iron & Steel Company Ltd., At/Po- Kulei, Parajang, Dist.- Dhenkanal.
The aforesaid industry was inspected on 04-08-2023 in connection with the O.A. No. 45/2022/EZ, Santunu Kumar Bhukta and Anr. Vs M/s GM Iron & Steel Company Ltd. & others. Officials of the said company were present during inspection.
Back Ground:
The unit has obtained Consent to Operate for the following products vide Board's letter No- 5331, dtd. 31.03.2023 which is valid up to 31.03.2024.
Sl. Product Capacities Operational
No. Status
1. Sponge Iron -DRI Kiln-I 1x100TPD Operational
2. Sponge Iron-DRI Kiln-II 1X350TPD Operational
3. Captive Power Plant 12MW (8 MW Operational
WHRB+4MW AFBC)
4. Induction Furnace 2X19T/Heat Operational
5. Continuous Casting 75,000 TPA Operational
Machine to Product
Billets
6. Rolling Mill 30,000 TPA Operational
Observations w.r.t. recommendations of the joint committee last inspected during 10-11, March, 2023 Sl. Recommendation Observations No.
1. Industry shall initiate It was observed during visit that necessary measures to visible stack commission was minimize the PM level as per taking place from common stack the CTO prescribed attached to WHRB of DRI kiln-
standard. 350 TPD & AFBC Boiler after
ESP. The stack monitoring report
was observed to be 86 mg/Nm3
against the Permissible Standard
77
of the Board which is 50
mg/Nm3. However, monitoring
report of the stack attached to
WHRB of DRI kiln 100 TPD after
ESP was observed to be 82
mg/Nm3 which is within the
permissible standard of the
Board which is 100 mg/Nm3
Copy of the monitoring report
thus obtained is enclosed as
annexure-I
2 The unit shall perform The industry has not yet
validation and recalibration performed the validation and re-
of the OCEMS installed in calibration of the OCEMS
both the stack in presence of installed in both the stack in
SPCB officials, as the values presence of SPCB officials.
are not comparable.
3. Industry shall concrete all its The industry has completed
remaining work zone areas about 90% of the concreting of
to improve housekeeping internal roads. Concreting of
Industry shall concrete all its remaining 10% of internal road of
remaining work zone areas length 250m (Aporox.) near SMS
to improve housekeeping and shed has not yet been completed.
reduce dust emission.
4. Industry shall stabilize the It was observed that industry
solid waste dump site using has provide earth cover over top
soil cover followed by coir of the solid waste dump site,
matting along the slope of using soil cover followed by coir
the dump and plantation matting along the slope of the
over top of the dump. dump and plantation over top of
the dump site has been done.
5. Industry shall not dispose/ It was observed during visit that,
dump any waste over Govt./ the industry has already
Private land outside the removed all the waste dump from
plant premises without prior the Govt. land outside the plant
permission/ consent from premises and has reclaimed it
the SPCB and concerned with earth cover.
Magistrate, Dehenkanal has
formed a district level
committee to address the
issues related to dumping of
ash / wastes in
Govt./Private land by ash
generating agencies.
6. Industry shall construct the Industry has not yet constructed
boundary wall around the the boundary wall around the
dump of residual iron ore dump of residual iron ore fines
fines and solid waste dump and solid waste dump site.
site.
7. Industry shall renovate the It was observed during visit that,
sampling platform of the the industry has not yet
stack connected to ESPs of renovated the sampling platform
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350 TPD kiln and AFBC of the stack connected to ESPs of
boiler. 350 TPD kiln and AFBC boiler.
8. Industry shall concrete the It was observed during visit that,
approach road connecting the industry has not yet
Plant gate and Banarpal- concreted the approach road
Pallahare road. connecting plant gate and
Banarpal--Pallahare Road.
98. The violations noted under heading 'Observations' are that;
(a) The Industry has not yet performed the validation and re- calibration of the OCEMS installed in both the stack in presence of SPCB officials.
(b) The Industry has complied 90% of concreting of internal roads. Concreting of remaining 10% of internal road of length 250m (Approx.) near SMS shed has not yet been completed.
(c) The Industry has not yet constructed the boundary wall around the dump of residual iron ore fines and solid waste dump site.
(d) The Industry has not yet renovated the sampling platform of the stack connected to ESPs of 350 TPD kiln and AFBC boiler.
(e) The Industry has not yet concreted the approach road connecting the plant gate and Banarpal-Pallahara Road.
99. Thus, environmental violations by the Respondent No.1, Unit continue to be noticed during each of the inspections.
100. In this view of the matter, we are of the view that the Respondent No.1-Industry would be liable for payment of environmental compensation for the environmental violations noted by the State Pollution Control Board in its Inspection Reports. 79
101. A direction is, therefore, issued to the Odisha State Pollution Control Board to compute environmental compensation against the Respondent No.1 as per law, inviting objections from the Unit and giving it an opportunity of being heard, and thereafter, pass appropriate orders in accordance with law within three months.
102. With the above observations, the Original Application No.45/2022/EZ is disposed of.
103. I.A. No.09/2024/EZ has been filed by Mr. Ashok Prasad, learned Counsel to modify the orders of the Tribunal dated 22.08.2022, 23.09.2022, 26.09.2022 and 08.05.2023 and record his name on behalf of the Respondent Nos.12 & 13.
104. In our opinion, the I.A. No.09/2024/EZ is thoroughly misconceived as we have no means of verifying the presence of the learned Counsel on the aforesaid dates. I.A. No.09/2024/EZ is, therefore, rejected.
105. I.As., if remaining undisposed of, are disposed of accordingly.
106. There shall be no order as to costs.
......................................... B. AMIT STHALEKAR, JM ................................................. DR. ARUN KUMAR VERMA, EM Kolkata, February 12, 2024, Original Application No.45/2022/EZ (I.A. No.218/2022/EZ & I.A. No.09/2024/EZ) MN 80