National Green Tribunal
Braj Mohan Gehlod vs State Of Madhya Pradesh on 4 July, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 398/2021
Brajmohan Gehlod Applicant
Versus
State of Madhya Pradesh Respondent
Date of hearing: 04.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Ms. Nidhi Vardhan, Advocate for the State of MP
ORDER
1. Grievance in this application is against Acid plant established at Plot. No. A-6, Industrial area, Bandka, Pardi, Balrda, Agra Road, Ujjain, Madhya Pradesh, causing air pollution and other health hazards to the workers and the villagers and damage to agricultural fields, soil and crops of the villagers.
2. Vide order dated 24.01.2022, the Tribunal sought a factual report from the CPCB, State PCB and the District Magistrate, Kothi Palace, Ujjain. Accordingly, report has been filed on 15.05.2022 as follows:-
"C. Factual and Action Taken Status of the Major issues raised in application
1. The joint committee has visited M/s Neel Chem Industry on 10.03.2022. The unit is found situated at Plot No. A-6, Industrial area Bandka, Pardi- Balrda. Agra Road. Ujjain. Madhya Pradesh. On the day of inspection the unit was found non-operational.1
Production activity was closed and no workers indulged in production activity were seen in the unit. The applicant's representative Shri Akaram Baig present on the site during inspection informed that the unit is non-operational since two years.
The unit informed to MPPCB RO Ujjain on 25.02.2022 for non-operational condition of unit and unfavourable condition to continue it. Also, the Unit submitted a letter to Regional Office on 26.08.2021 regarding closing status of unit.
The copies of letters submitted to MPPCB by the unit are enclosed as Annexure- 4 & 5.
2. The unit is not an acid manufacturing industry but engaged in the production of Calcium Chloride in which waste hydrochloric acid is being used as raw material.
3. The unit is using waste hydrochloric acid generated from industry viz. M/s Laxness Industry. Nagda. This acid is covered under by-product of industry. MPPCB incorporated this acid from M/s Laxness Nagda as by-product or waste in issued consent letter with condition-
"The Hydrochloric acid generated from process shall be treated as hazardous waste as per the mandatory directions issued by Central Pollution Control Board (CPCB) Delhi on 19 Feb. 2020 and communicated to you vide Board's direction letter dated 13.05.2020 and disposal of the same shall be ensure through actual user as per the provisions of Hazardous and Other Waste.
(Management & Trans boundary movement) Rule 2016". However, this HCL is not covered in Authorization issued to M/s Lanxess industry by MPPCB.
The copy of the consent and authorization issued to M/s Lanxess industry are enclosed as Annexure-6 & 7.
Later, Regional Office, M.P. Pollution Control Board Ujjain also issued a letter vide No. 3042 dated 03.03.2020 to M/s Neel Chem Industry for obtaining authorization under schedul-9 of hazardous rule 2016 (Copy enclosed as Annexure- 8). The Unit was informed in reply letter that the unit is closed since long and not using hazardous waste as raw material and the acid being purchased from M/s Laxness industry Nagda is by-product of the process. (Copy enclosed as Annexure- 9).
4. The utilization process involves addition of Calcium carbonate and spent hydrochloric acid in the reaction vessel, where calcium chloride is formed. The reaction takes around 24 hours. The reacted mass is then neutralized by addition of lime in brine tank. The solution is then transferred to open evaporations to obtain the final product Calcium chloride which is packed in plastic bags.
CaCO3 + 2 HCl CaCl2 + H2O + CO2
Spent HCl
5. For the production process the unit has installed 02 nos.
closed HDPE storage tanks of capacity 20 KL each for HCI storage above the ground level; 02 nos. Reaction tanks of 2 capacity 10 KL each: and 02 nos. of brine tank of capacity 10 KL each for storage of Calcium chloride solution.
6. The unit has 12 nos. of open evaporators (each of capacity approx. 0.5 KL) constructed over a concreted platform under a concreted shed. Firewood is used as fuel for evaporation. Around 300MT of wood was found stored within the premises during the visit.
7. The unit has provided a stack of height around 30 feet from ground level. However, the evaporators were found disconnected with stack and no ID fan connection observed during the inspection. Also, the stack was not having sampling port monitoring facility like port hole, platform, ladders etc.
8. No proper arrangements for air pollution control devices like two stage alkali scrubber for acid fumes at reactor, devices to treat emissions liberated from the evaporator etc. however, the vent from the spent HCI storage tanks was found connected in an open alkali tank of capacity 500 Litres.
9. During the inspection around 80 nos. of plastic bags packed with Calcium chloride were found stored under the shed near evaporator area within the premises.
10. The total area of the Premises is around 28,000 sq. feet in which the evaporation area is covered and concreted, while the complete machinery area is on the open land without any covered shed and without acid proof floor tiles and no slope to collect any spillage.
11. A small quality Lime stone was found stored directly on the ground within premises near reactor area during the inspection on 10.03.2022.
12. As the unit is non-operational since long time, no issues related to breathing problem and illness of villagers of surrounding areas was observed. The committee has also visited Primary Health Centre, Bandka. Dist. Ujjain to assess if there are any medical cases or increase in number of cases reported related to respiratory diseases or breathing problems. The information as provided by the Medical Officer, PHC, Bandka. Dist. Ujjain no such specific medical cases has been reported in the area in last three years.
13. Also, there is no complaint received from nearby farmers regarding the adverse effect on agricultural lands in nearby areas.
14. During inspection no discharge of any wastewater was observed by the inspection committee. The Committee has collected the sample of ground water from the tube well on the adjacent plot of Shree Faisal Baig (Coordinates: 23.30636. 75.81501) to assess any pollution in groundwater due to discharge by the unit. The samples analysed for various water quality parameters by Laboratory. Regional Office, 3 MPPCB Ujjain. The results arc found well within prescribed norms. (Copy of results enclosed as Annexure. - 10).
Site visit Photographs arc enclosed as Annexure- 11. The Google site ideation map of the industry is enclosed as Annexure-12.
D. RECOMMENDATIONS OF THE COMMITTEE In pursuance of the observations made on factual status by the joint committee during the visit of the site on 10.03.2022, it was found that the unit is non- operational since long time and also informed regarding closer of production. But, as waste hydrochloric acid is being involved in the manufacturing process of Calcium Chloride following recommendations are given by the committee:-
1. The unit shall have to comply and strictly follow all the Acts and Rules of MoEF&CC, GOI and CPCB issued in past and their amendments while processing to manufacture product.
2. The unit shall provide and ensure adequate facilities for the process and Air Pollution Control Devices to treat emissions from the process."
3. From the above, it is seen that the unit in question does not have requisite authorization in terms of Hazardous and Other Waste (Management & Transboundary Movement) Rule, 2016. Since the unit is said to be non compliant and closed, we direct the State PCB to ensure that the same is not allowed to operate without requisite authorization and compliance of environmental norms.
The application is disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM July 04, 2022 O.A. No. 398/2021 A 4