National Green Tribunal
Vinit Kumar vs Dsm Sugar Mills Ltd on 18 August, 2021
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. 16/2021
(With report dated 29.06.2021)
Vinit Kumar Applicant
Versus
DSM Sugar Mills Ltd. & Ors. Respondent(s)
Date of hearing: 18.08.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Rahul Choudhary, Advocate
Respondent: Mr. Daleep Dhyani, Advocate for UPPCB
Mr. A.A. Aron, Advocate for DSM Sugar Mills Ltd (R-1)
ORDER
1. Grievance in this application is against causing of pollution by DSM Sugar Mills Ltd., New Delhi which is operating in Mansurpur, Muzzafarnagar, Uttar Pradesh in violation of environmental norms.
Untreated industrial effluent is discharged into the storm drain/nullah nearby, which is then released into a Gram Sabha pond, and from there it is eventually released into the river Kali, in violation of the Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986.
2. Vide order dated 28.01.2021, the Tribunal sought a joint factual and action taken report from Central Pollution Control Board (CPCB) and the State PCB.
13. Accordingly, the State PCB has filed report dated 29.06.2021. The report is based on inspection conducted on 09.03.2021. At the time of inspection, samples were taken from appropriate locations and results of the samples were analysed as per Table 1 in the report which is reproduced below:
"Table 1. Analysis results of samples collected from Drain inside unit near bagasse storage, Drain behind unit near railway track, Downstream of Mansurpur drain, Drain near Kali River and Gram Sabha Pond After ETP.
Parameters, mg/l except pH, Color in Hazen and Conductivity in µmho/cm Sample Analysis pH COD BOD TSS TDS Phosphate Ammonia Drain located within 7.0 1357 563 222 3744 5.37 -
unit's premises near
bagasse storage
Drain behind unit 7.3 737 307 92 3964 3.65 -
near railway track
Gram Sabha Pond 5.4 1110 597 205 1708 1.45 2.3
after ETP
Downstream of 6.0 1210 571 382 1376 2.36 14
Mansurpur drain
at NH-58
Drain near Kali River 7.2 704 254 420 1232 2.82 29
Notified standards 5.5 250 100 100 2100 - -
for land disposal to
8.5
The above analysis results of the drain samples collected from various locations depict the following:
The analysis results of the Gram Sabha pond show pH=5.4, COD=1110 mg/l, TSS=205 mg/l, TDS=1708 mg/l, and Ammonia=2.3 mg/l which indicates th characteristics of untreated/partially treated effluent and the presence of ammonia indicates presence of domestic sewage. The analysis results of the Downstream of Mansurpur drain at NH-58 show pH=6.0, COD=1210 mg/l, TSS=382 mg/l, TDS=1376 mg/l, and Ammonia=14 mg/l which indicates the characteristics of untreated/partially treated effluent and the presence of ammonia indicates presence of domestic sewage. The analysis results of the Drain near Kali River show pH=7.2, COD=704 mg/l, BOD=254 mg/l, TSS=420 mg/l, TDS=1232 mg/l, and Ammonia=29 mg/l which indicates the characteristics of domestic sewage."
4. The conclusions and recommendations in the report are as follows:
"5.0 CONCLUSION:
21. The unit has installed Ion Exchange technology for decoloring sugar syrups. 90% of Brine solution reject is recovered and rest 10% is being used to spray on Bagasse, however the same is not observed by the team on the day of inspection. The team observed a drain carrying dark colored effluent with high COD and BOD values at the backside of refinery near bagasse storage area.
2. The analysis of samples collected from drain located within premises of the unit near bagasse storage (pH- 7.0, COD-1357 mg/l, BOD- 563 mg/l, TSS- 222 mg/l, TDS- 3744 mg/l), Gram Sabha Pond (acidic pH- 5.4, COD- 1110 mg/l, BOD- 597 mg/l, TSS- 205 mg/l Ammonia- 2.3 mg/l) and Downstream of Mansurpur drain at NH-58 (pH- 6.0, COD- 1210 mg/l, BOD- 571 mg/l, TSS- 382 mg/l, TDS-1376 mg/l, Ammonia-14) clearly indicate the characteristics of Industrial effluent mixed with domestic sewage.
As per Daily Manufacturing Reports (DMRs) provided by the unit, the average actual crush rate (TCD) is 71% TCD (Avg. value as per Form R17(C) for the month of Oct-20, Nov-20, Dec-20, Jan-21, Feb- 21 and Daily Manufacturing Report (DMR) for the month of Mar-
21), which is more than consented capacity of 7000 TCD.
3. The unit has not provided isolated area/spot for storage of scraps, empty drums of hazardous waste chemicals in the premises which was uncovered and not fenced, which is violation of the Authorization under the provisions of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 for storage and disposal of hazardous wastes.
4. Rotation speed of Oil and Skimmer seems too high, which fails to remove floating oil and grease from effluent.
5. The analysis results of sample collected from the ETP outlet (pH-
7.4, COD-105 mg/l, BOD- 36 mg/I, TSS- 62 mg/l, TDS- 268 mg/l), Lagoon (pH- 8.0, COD- 35 mg/1, BOD-7.6 mg/l, TSS- 22 mg/l, TDS- 812 mg/l) and Irrigation pipeline (pH- 7.0, COD- 54 mg/l, BOD-14 mg/l, TSS- 32 mg/1, TDS- 748 mg/1) are complying w.r.t the notified standards for land disposal (pH- 5.5-8.5, COD- 250 mg/l, BOD- 100 mg/l, TSS- 100 mg/l, TDS- 2100 mg/l).
6. The unit has applied for renewal of CGWA permission on 16.04.2020 as previous is expired on 07.06.2020 for ground water abstraction from three existing bore-wells. The unit has provided application for renewal of NOC from Ground Water Department, Uttar Pradesh. The unit has abstracted 1637 m3/day fresh water from existing bore-well, which is under permitted value.
7. The analysis results of Groundwater samples, collected from bore-well-03, located inside the unit premises shows results which are within the acceptable limit of Drinking Water Standards (BIS) IS 10500:2012 for pH- 7.6, COD- BDL, Total hardness- 243 mg/l, Total alkalinity- 245 mg/I, SO4 - 7 mg/l and Phosphate- 0.05 mg/l. The analysis for heavy metal are complying w.r.t the BIS standards.
38. The analysis results of sample collected from Hand-pump outside the unit premises shows that Fe is found 1.06 mg/l against the BIS except Standard of 0.3 mg/l.
9. The unit has not installed flow meter to measure amount of treated effluent used for irrigation purpose.
10. The unit has installed Sewage Treatment Plant (STP) having capacity of 120KLPD, which is based on MBBR technology for the treatment of domestic waste water generated from its residential colony having population around 200 to 250 people and the samples collected from inlet and outlet of STP for physico- chemical analysis. The analysis results of SIT outlet (pH- 7.8, COD-34 mg/l, BOD- 5.5 mg/l, TSS- 17 mg/l, TDS- 128 mg/l) are complying w.r.t the notified standards for land disposal 6.0 RECOMMENDATIONS:
1. The unit shall dismantle all the pipelines/ opening from the boundary wall of the unit towards the outside drain surrounding the mill.
2. The unit shall optimize the rotation speed of Oil and Skimmer for proper removal of floating oil and grease from effluent.
3. The unit shall stop discharge/seepage of untreated/partially treated effluent in the surrounding drain as well as in Gram Sabha Pond.
4. The unit shall maintain and limit its crushing operations as per the consented capacity of 7000 TCD.
5. The unit shall establish an isolated area/spot with well concreted surface, covered ceiling and proper fencing exclusively for the storage of scraps, empty drums of hazardous waste chemicals in the premises.
6. The unit shall maintain the proper documents w.r.t the scraps and wastes which is being handed over to the third party for the disposal and follow the specific conditions of Authorization under the provisions of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 for storage and disposal of hazardous wastes.
7. The unit shall install flow meter to measure amount of treated effluent used for irrigation purpose.
8. The unit shall maintain the MISS value and MLVSS/MLSS ratio in the aeration tank for proper microbial activity to reduce the organic load in the effluent. The unit shall analyze samples from aeration tank periodically to analyze the MLVSS/ MISS ratio.
9. The unit shall maintain the acoustic enclosures to operate pumps in the unit premises to reduce the noise pollution."4
5. The applicant has filed his response to the observation that the source of effluent was domestic sewage. The submission of the applicant is reproduced below:
"xxx .....................................xxx .......................................xxx It is submitted that the report has shifted the onus by stating that 'presence of ammonia indicates presence of domestic sewage'. This conclusion of the Joint Committee is faulty for following reasons:
a) The finding that ammonia in the sample indicates characteristic of Domestic Sewage cannot be a correct conclusion because Table 3 of the report clearly shows the presence of Ammonia in the ETP Inlet and ETP Outlet of the Unit. The findings in Table 3 of the Report relates to samples collected from inlet, outlet and various units of ETP and treated effluent storage lagoon including outlet of irrigation pipeline as well as Gram Sabha Pond. Thus, it shows that the effluent discharged by the unit also contains Ammonia.
b) That the Applicant had also approached this Hon'ble Tribunal in Vinit Kumar vs. Sir Shadilal Distillery & Chemical Works Pvt. Ltd. & Ors., Original Application No. 206 of 2020 against an adjacent distillery, wherein a report was sought from the UPPCB and CPCB as to the pollution caused by the Shadilal Distillery and Chemical Works. The Joint Report submitted by the UPPCB and CPCB dated 26.11.2020 has concluded that the Mansurpur drain had presence of industrial effluent and in the drain:
"The joint team collected water sample from the drain (downstream of the unit). The analysis result of the drain showed p1-1-4.5; BOD-1268 mg/l; COD-2392 mg/l; TSS-294 mg/I and TDS-1828 mg/l.
16. The high BOO & COD and low pH in the drain indicates contamination of the drain through industrial discharge. At the upstream side, two industries are located, one is Distillery (M/s Sir Shadi Lal) and other is Sugar mill (M/s Dhampur Sugar mill). During the visit, the drain was found having substantial amount of sludge also and effluent with high BOD/COD & low pH indicates that the industry intermittently discharging untreated effluent in this drain. The drain requires to be de-sludge at least 3 km from the unit in a scientific manner and cost of the de- sludging & it's disposal shall be borne by the industry."
(emphasis supplied) That the report clearly indicated the contamination of the drain through industrial discharge. The high BOD/COD & low pH indicates that the industry intermittently discharging untreated effluent in this drain. That UP PCB has never mentioned about the presence of domestic sewage in it earlier reports. Hence, shifting the onus on the domestic sewage is contrary to their own earlier 5 findings. A copy of the Joint Report of the UP PCB and CPCB dated 26.11.2020 has been annexed as Annexure A-5 in Para 10 in the original application filed.
iv. It is further submitted that after receiving complaints from the local people, the UP PCB once again conducted an inspection on 8.8.2021. The report says that effluent containing spent wash is discharged in the drain near Molasses tanks of DSM Sugar Mills Mansurpur Campus by Sir Shadilal Distillery & Chemicals Works Pvt. Ltd. The drain near Molasses tanks of DSM Sugar Mills ultimately leads to the Mansurpur Drain. Hence, UP PCB has taken samples from two drains i.e., drain near Molasses tanks of DSM Sugar Mills Mansurpur Campus and Mansurpur drain at NH 58. The results of the samples taken clearly shows the presence of dark brown colour effluent which is much higher than the notified standards, ultimately causing grave degradation of the Kali River which is a tributary to the Hindon River.
Sample Analysis Colour pH COD TSS
(mg/l) (mg/l)
Drain near Molasses Dark Brown 4.9 28700 14600
Tanks of DSM Sugar
Mansurpur Campus
Sample Analysis Colour pH COD TSS
(mg/l) (mg/l)
Mansurpur Drain at Dark Brown 5.2 18400 9300
NH58
As the report clearly shows the presence of highly untreated dark coloured effluent in drains, hence, it is absolutely wrong to shift the onus on the presence of domestic sewage and state that higher level of pollutant in the drain and pond is because of domestic sewage.
A copy of the UP PCB report dated 9.08.2021 is annexed herewith as Annexure A-1.
v. That the results of the analysis of the samples in Table 1 of the report dated 29.06.2021 are much higher than the notified standards. It is submitted that the inspection team has observed the drain near bagasse storage area carrying dark coloured effluent and the analysis result of sample collected are much higher which clearly shows that the unit has failed to comply with the notified standards and causing progressive environment degradation.
vi. That Gram Sabha Pond is located in an agricultural field and no sewage is discharged in the Gram Sabha pond. That the report has not provided any proof to show the transport of domestic sewage leading to Gram Sabha Pond. A copy of the Google earth map showing the transport of industrial effluent into the Gram Sabha Pond as well as the absence of any transport of domestic sewage to the Gram Sabha Pond is annexed herewith as Annexure A-2.
6Report has given finding that no storage area provided for hazardous waste:
vii. The report shows that the unit has failed to provide isolated area/spot for storage of scraps and empty drums of hazardous waste chemicals within the premises was uncovered and not fenced which was in violation of the authorization:
"The unit has not provided isolated area/spot for storage of scraps, empty drums of hazardous waste chemicals in the premises which was uncovered and not fenced, which is in violation of the Authorization, however the location for storage of hazardous waste chemicals was made near to the bagasse storage area. As informed the unit is giving scraps and Hazardous wastes to third party (Bharat Oil & Waste Management Ltd.) for its disposal on quarterly basis."
Finding that no flow meter in the report:
viii. The report shows that the unit has not installed flow meter to measure the amount of treated effluents used for irrigation. It is submitted that the untreated black coloured effluent is directly discharged in the drain along the boundary which further reaches the Gram Sabha Pond and ultimately meets the Kali River. Table 1 of the report clearly shows that the unit has not complied with the notified standards and is persistently causing environmental degradation. Thus, this clearly shows that the improper and inadequate functioning of the ETP.
Copy of the images showing the black colour effluent in the drain along the boundary and transportation of untreated effluent to the irrigation field taken by the Applicant is annexed herewith as Annexure A-3.
Report failed to highlight the pollution caused by bagasse particles:
ix. It is submitted that during the inspection of 08.03.2021, it has been observed that the height of the wall where the bagasse are stored where much shorter and also the green net was found to be destroyed. That the dispersement of the bagasse particles was causing serious pollution in the nearby locality and hence a complaint was lodged via Sameer App. Thus, the Regional Officer, Muzaffarnagar vide letter dated 10.03.2021 directed the unit to increase the height of the wall as well as to cover the area with green net to control the further causation of pollution. However, the compliance status of the same has not been highlighted in the report.
A copy of the letter dated 10.03.2021 from the Regional Officer, UP PCB to the DSM Sugar Mills is annexed herewith as Annexure A-4.7
x. That the UP PCB and the CPCB have not taken any strict action against the unit despite knowing that the unit is persistently causing environmental degradation.
4. Thus, in light of the above observations it is clear that the Respondent No. 1 is operating in complete violation of the law and earlier directions of this Hon'ble Tribunal. The high BOD/COD level of the Mansurpur drain indicates that the industry discharging untreated effluent in this drain which certainly does not meet the notified standards. Moreover, the UP PCB Report is contrary to their own earlier findings by stating the presence of domestic sewage in the drain. That Respondent No. 1 is causing persistent environment degradation by contributing in the deterioration of the health of the Kali River, which is a major tributary to the Hindon River. Thus, the UP PCB and the CPCB must take strict action against Respondent No. 1. The Hon'ble Tribunal may pass appropriate order considering above submissions of the Applicant."
6. We have heard learned Counsel for the parties. It is clear that the unit is discharging untreated effluents in the surrounding drain and also in a water body resulting in pollution. It has failed to maintain record of waste generated and its disposal. The unit is liable to compensate for the past violations and also to take remedial action.
7. Though no formal notice was issued as the facts were directed to be verified by the statutory regulators, appearance has been entered on behalf of the industrial unit in question. Learned Counsel for the industrial unit submits that the unit has given its explanation before the joint Committee and its stand will be filed by tomorrow before this Tribunal. Let the same be done.
8. In view of violations found, the unit has to take remedial action and for the past violations, the unit has to pay compensation on polluter pays principle to be used for restoration purposes. The remedial measures may be taken within one month from today which may be assessed by a joint Committee comprising of CPCB (represented by the level not below Scientist E), State PCB (represented by the level not below Chief Engineer/Regional Officer) and District Magistrate, Muzaffarnagar, UP.8
The CPCB and State PCB will be the nodal agency for coordination and compliance. The Committee may also assess compensation for the past violations. The joint Committee may meet within 15 days from today. The Committee will be at liberty to associate any other expert/institution and consider the viewpoint of the industrial unit also. The action taken report may be filed by the joint Committee to this Tribunal within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. The report may inter alia mention the status of compliance and mode of disposal of effluents, considering the circumstances and impact on river Kali. The standards prescribed need to take into account the inherent purpose of the drain - it is not waste water carriage system. There has to be remedial plan for restoration of drain and the water body and cost has to be borne by the polluters.
A copy of this order be forwarded to CPCB, State PCB and District Magistrate, Muzaffarnagar, UP by e-mail for compliance.
List for further consideration on 02.12.2021.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM August 18, 2021 Original Application No. 16/2021 DV 9