National Green Tribunal
Beant Singh Bajwa President National ... vs State Of Punjab on 8 February, 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. 682/2019
Beant Singh Bajwa, President,
National Anti-Corruption Council Applicant
Versus
State of Punjab Respondent
Date of hearing: 08.02.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Respondent(s): Mr. Naginder Benipal, Advocate for PPCB
Ms. Munisha Gandhi, Senior Advocate with Mr. Viraj Gandhi,
Advocate for M/s Trident Industry Pvt. Ltd.
ORDER
1. The issue for consideration is the remedial action against violation of environmental norms by Trident Factory, Dhanaula, Mansa Road, Barnala, Punjab. The matter has been earlier considered inter alia on 4.12.2019, 24.6.2020 and 29.7.2021 and in the light of earlier directions, the matter is being finally considered today.
Procedural History Order dated 4.12.2019
2. The matter was considered on 04.12.2019 in the light of report furnished by the Punjab State Pollution Control Board ("State PCB") which was found to be inadequate. The Tribunal directed fresh inspection and a 1 factual report by a joint Committee comprising Central Pollution Control Board ("CPCB"), State PCB, and the District Magistrate, Barnala.
Order dated 24.6.2020
3. The matter was then considered on 24.06.2020 in the light of further report of the State PCB on behalf of the joint Committee filed on 29.02.2020, finding violation of environmental norms and making recommendations for remedial action. The recommendations were accepted and directions issued for remedial action, which was to be ensured by the State PCB. The operative part of the order is reproduced below:
"3. Accordingly, a report has been filed on 29.02.2020 by the State PCB on behalf of the joint Committee recording its findings that the unit was violating environmental norms and making following recommendations:
"RECOMMENDATIONS:
1. An in depth study for Environmental Audit may be undertaken particularly in respect for Captive Power Plant, Paper & Towel Division to assess the status for compliance of environment norms/standards. The finding(s) and recommendation (s) of study may be incorporated in the consents issued by PPCB for effectively compliance. This study on Environment Audit be undertaken in consultation with CPCB either by PPCB or through an institute/ consultant having technical expertise in the relevant field.
2. M/s Trident Ltd shall submit a detailed action plan for compliance of condition stipulated by PPCB through its consent orders, dated 10/02/2012 and 30/05/2013, wherein the industry was to install Reverse Osmosis System followed by Multiple Effect Evaporator in its H.T.D. This should be accomplished before 30th June 2020; as mandated by PPCB. The industry shall also submit time bound action plan by 15th March, 2020 for installation of Agitated Thin Film Dryer (ATFD) for the effective handling of MEE reject.
M/s Trident Ltd (PCD) shall also gradually reduce water consumption and thus effluent generation. The entire treated effluent to be properly utilize on land for plantation / irrigation purpose. The industry should adopt scientific method for utilization of its 2 treated water onto land plantation within its premises to maximize the utilization of treated water within the complex. An action plan in this regard shall also be submitted by M/s Trident Ltd. to PPCB on or before June 2020 detailing pipe network, land use, watering depth and type / age of plants etc. Having implemented the above, further two years from now i.e. by June 2022. M/s Trident Ltd. shall get its treated water utilized to nearby farmers for irrigations purpose.
3. M/s Trident Ltd shall undertake a performance study of ETPs provided for its PCD. The industry shall undertake necessary project on its raw material washing stream which nearly contributes to 30% of the total ETP Load. The industry shall also submit a time bound action plan to PPCB on or before 15th March 2020 for removal of non-biodegradable COD. The industry will also submit time bound action plan by 30th April, 2020 for removing of colour from its treated effluent going into the drain.
4. The trend analysis of historically data, recorded from OCEMS exhibits that the discharge from M/s Trident Ltd. remains within compliance zone. If such Is the case then let M/s Trident Ltd. shall make all efforts to reuse treated effluent back to production process, resulting in conservation of water owing to less withdrawal of ground water or canal water. Besides, the reuse of treated effluent into the production process will affect efficiency of ETP as the treatment system would receive high concentration of BOD and COD. An action plan in order to reuse its treated water not impacting the TDS of the final treated effluent to be shared with PPCB, by 30''' June, 2020.
5. The industry has provided pipe network for distribution of treated trade effluent on the plantation area, however, it was observed that certain patches of plantation was flooded with water and some patches were found completely dry because, the industry is uniformly distributing treated trade effluent to all cells of plantation area irrespective of the age of plants in that cell. The industry, therefore, is required to provide proper irrigation network for optimum utilization of treated waste water. The industry shall also provide electromagnetic flow meter at the outlet of each cell of plantation making more effective utilization of treated effluent.
6. The industry is not achieving the emission standards of 75 mg/Nm3 from the stack of Chemical Recovery Plant (II) and Energy Section. However, the industry was given opportunity of personal hearing before Hon'ble Chairman of PPCB on 07.01.2020, wherein one of the decision of that the industry shall submit the detailed proposal w.r.t. upgradation of its existing APCDs to achieve the stack 3 emission standard of 75 mg/Nm3 within 03 months alongwith PERT chart for installation and commissioning of the same.
Table: 5 Analysis Results of Stack Emissions of PCD Sl. Sample Identification Parameters Results Prescribed No. (mg/Nm3) norms as per EC 1 Stack of CRP-II after Particulate 80 75 APCD Matter 2 Stack of CRP-I after Particulate 82 150 APCD Matter 3 Stack of Energy Particulate 98 75 Section APCD Matter
7. The industry (M/s Trident Ltd) will conduct detailed study for monitoring the ground water quality across the Dhanaula Drain in order to evaluate the impact of its treated water discharge onto Drain and submit the report by 30th April, 2020.
8. The concept of 'Zero Liquid Discharged' be considered as minimal discharge of effluent, particularly from the industrial sectors reported upon. According to mechanics of fluids (more precisely thermodynamics) that a continuous operation bound to generate 'rejects', and / or 'blowdown' and / or bleed due to process entropy, despite of whatever technology adopted. Punjab Pollution Control Board, therefore, has to examine what minimal disposal of effluent be permitted to M/s Trident Ltd. considering the production technology, scale of operation and utilization capacity."
4. We are of the view that the recommendations need to be acted upon, if not already done as the timelines suggested have already expired and further action is not known. Necessary studies may be got conducted. The State PCB may ensure further remedial action by the industry in the light of the observations quoted above. The joint Committee may verify compliance by coordinating with such other institution as may be found necessary.
5. A further compliance report may be filed in the matter by the joint Committee which may be coordinated by the State PCB within three months from today by e-mail at judicial- [email protected] (preferably in the form of searchable/OCR PDF and not image PDF)."
Order dated 29.7.2021
4. The matter was last considered on 29.07.2021 in the light of audit reports filed by the State PCB as follows:-
4"Observations & Recommendations given by National Institute of Technology, Jalandhar in draft Environment Audit report of M/s Trident Ltd. (HTD), Vill. Dhaula, Tehsil & Distt. Barnala.
Observations:
The Home Textile Division (HTD) has fairly a well-equipped ETP for processing the textile effluent, and it is working satisfactorily to reduce the BOD load of the effluent to about 94%. There is no chemical treatment adopted to reduce the pollutant load. Since the pollutant load of the effluent is not so high and the final treated effluent characteristics discharged from ETP are well within the limit set by statutory body, there is no need for chemical treatment because the excess use of chemicals requires high cost and results into difficult solid waste and sludge management. The ETP was designed on the basis of 10000 KLD of effluent, but the current effluent discharge was observed to be 3600 KLD on the day of visit. The major player for the satisfactory operation of the ETP is the extended aeration period provided to the effluent, although the process parameters like MLSS, MLVSS and F/M are not found to be in the optimum range for the perfect operation of the activated sludge process.
If the effluent quantity is not upto the ETP designed value, the current discharged quantity should be run in a reduced capacity of the ETP (using a part of the ETP) to save space & running cost, and to maintain the process parameters in an optimum fashion. The remaining part of the ETP may be utilized for a particular process effluent having higher pollutant load and which requires longer residence time. The result of the testing data shows that the final discharged effluent has some amount of color, which cannot be removed fully either by activated sludge process or activated carbon bed used as a tertiary treatment. The carbon bed should be cleaned properly, and it should be regenerated or replaced as and when required.
The air requirement was calculated to be 3050 m 3 /h. The ETP has 04 numbers of air blowers with capacity of 3750 m 3 /h each. Therefore, the air blowers should be used judiciously as per requirement to save the electrical cost. The maximum MLSS was found to be around 1800 mg/I. It should be around 3000 mg/I for optimum working of the ETP as far as quality of effluent and consumption of energy & time is concerned. Therefore, it requires an increase in the amount of recycled biomass.
The F/M ratio was found to be 0.08, which is on the lower side of the desired range of 0.05-3.0 for optimum working. The F/M ratio may be enhanced by outside source of nutrient such as Urea, DAP etc. The Hydraulic Residence Time (HRT) in the Aeration Tanks was found to be 100 h, while the designed 5 criteria is 54 h. The high HRT may lead to more consumption of electrical energy and time for the desired results. So, only the required capacity of the aeration tanks should be used, whenever the discharged effluent is low in quantity. The HRT in Lamella clarifier was found to be 6 h, which should be around 2.5 h as per design criteria. The prolonged detention in the clarifier may favour sludge rising and poor sludge settlement due to de- nitrification and anaerobic biodegradation. It may also cause odour problems.
Recommendations:
Despite the fact that the treated effluent is complying the regulations of the statutory body, the discharge of the colored effluent may cause aesthetical unpleasantness. Moreover, it is highly objectionable to the general public. So, in the current scenario, the emphasis should be given to develop more efficient microbial mass for de-colorization of effluent in the activated sludge process. A further study may be conducted from the Central/State government institutes of national importance such as IITs, NITs etc. to assess the application of microbial consortia/dedicated pure culture/tertiary treatment for de-colorization of the effluent.
The raw water requirement of the HTD is mainly met from the withdrawal of groundwater. As per test reports of the groundwater, it contains a high level of TDS (900-1000 mg/I). The high level of TDS in raw water would ultimately lead to higher TDS in the treated effluent affecting its quality for plantation and drainage. The replacement of the source of water from groundwater to other source with better quality of water (such as surface water) could help in further reduction of pollutant load of the treated effluent. In the absence of RO & MEE system, the other safe ways of disposal of effluent should be explored. The HTD is currently disposing only 3000 KLD of its treated effluent onto 48.5 acres of land for plantation. The industry should look into the possibility of enhancement of the plantation area (land requirement, type of plants, piping network, watering depth etc.) for more utilization of the treated effluent for plantation in an effective manner to eventually achieve zero liquid discharge (ZLD) to the drain. The option of providing some portion of the treated effluent to nearby farmers for irrigation of the cash crops should also be given a thought. Further, a detailed hydrogeological study of the area around the industry should be conducted from the Central/State government institutes of national importance such as IlTs, NITs and NIH etc. on yearly basis to know the impact and footprints of the industrial effluent (used for plantation) onto the groundwater and soil of the locality. The hydrogeological study would also suggest effective 6 remedial measures to meet any adverse impact of the use of the industrial effluent on the aquifers and soil, if any.
Observations & Recommendations given by Central Pulp & Paper Research Institute (CPPRI), Saharanpur, U.P.in draft Environment Audit report of M/s Trident Ltd. (PCD) Vill. Dhaula, Tehsil & Distt. Barnala.
Conclusions:
Trident Ltd -- Paper & Chemical Division (PCD), is contributing significantly in terms of growth and development of the regional economy procuring the agro residues (wheat straw), eucalyptus and poplar from the local farmers as well as providing direct and indirect employment to the local people.
The mill's management commitment for environmental compliance and sustainability is reflected by the adoption of various state of art cleaner technologies for improving product quality, reduction in fresh water consumption and consequently waste water discharge and pollution load , maximum utilization of treated effluent back into the process and for land application , availability of Electrostatic Precipitators at all stacks ; availability of OCEMS at Final Discharge Outlet and ESP outlet for 24X 7 monitoring of quality of treated effluent discharged into the drain and utilized for irrigation as well as level of particulates emitted from the boilers.
The mill has adopted state of art technologies and equipments like continuous digester, twin roll press, oxygen delignification and chlorine dioxide bleaching, UASB reactor, chemical recovery systematic etc. These technologies have significantly contributed in reducing the environmental footprint including water footprint of the mill.
The mill's approach of segregation the effluent streams into high pollution load stream and low pollution load stream and treating the former through anaerobic treatment followed by post treatment through conventional aerobic treatment based on activated sludge process has significantly contributed to satisfactory performance of ETP in terms of reduction in pollution load and achieving environmental compliance. The mill has provided flow meters at all the major pipelines, bore-well, final discharge etc. which helps in monitoring and optimizing the fresh water consumption. The ground water quality at the selected locations is also satisfactory in context of the specified norms indicating that no adverse impact of mill on ground water quality. The quality of treated effluent has been found in compliance with the prescribed discharge norms. The quality of treated effluent (specially SAR) is suitable for land application of treated effluent.
Recommendations :
7 The mill has adopted several water conservation strategies to reduce the fresh water consumption. The level of mill's fresh water consumption is similar to contemporary agro based writing and printing paper mills. However, looking into the reported fresh water consumption bench marks, the mill has still a scope to reduce fresh water consumption by further 3-4 m 3 /t paper and mill may explore areas for the same. For example 100% utilization of foul condensate in pulp mill can help in reducing water consumption by 1m 3 /t paper while installation of disc filter at PM1 can facilitate reduction in fresh water consumption by 1.5 -2.0 m 3 /t paper. The mill is advised to have sub monitoring of its treated effluent being utilized in its plantation area to have proper water balance.
The mill may explore installation of appropriate technology for the recovery of white rejects (centricleaner rejects) coming from paper machine for further improving performance of the ETP.
The mill needs to immediately upgrade / retrofit the existing UASB reactor as the mill is not able to utilize the biogas generated as the gas collection and distribution system have corroded developing leakages. This is resulting in an estimated loss of Rs 60-70 lakhs/ annum. The mill may should reduce the suspended solids level in primary clarifier overflow through use of coagulants and flocculants to further improve the performance of existing ETP.
The mill may install a coagulation and flocculation system before primary clarifier to improve its performance. The mill is advised to make a proper boundary of existing equalization tank and make provision of air supply for homogenizing the effluent.
The mill is advised to install poly disc filter (PDF) at Paper Machine 1 also for increased fiber recovery and reuse / recycled of paper machine backwater. The treated effluent quality meets the stipulated norms. However, the mill needs to adopt appropriate technology to reduce the colour.
The mill is advised to get the OCEMS at final discharge and ESP outlet calibrated on periodical basis. The SPM level in the stack emissions are lower than stipulated norms of 150 mg/Nm 3 . However, in context of the EC norms of 75 mg / Nm 3 for SPM, the mill need to look into optimization of its boiler operation / ESP operation or Upgrade ESPs to comply with the new norms. Though the mill has appropriate facilities and trained & experienced manpower for environmental monitoring and analysis the mill may get quarterly / half yearly / yearly environmental monitoring done from a third party / independent institution."8
5. The Tribunal observed that the non-compliance remained un- remedied. The State PCB failed to take necessary action without any explanation for a long period. Accordingly, the State PCB was directed to take remedial action and also put the PP to notice as to why action may not be taken for the violations.
Consideration today Report of the joint Committee dated 10.11.2021
6. In pursuance of above, a report has been filed by the joint Committee on 10.11.2021 giving the status of compliance with reference to the earlier report dated 29.02.2020 as follows:-
" Sr. Recommendations of Status verified by the Joint No. Joint Committee Committee
1. An in depth study for The CPPRI Saharanpur and NIT environmental audit may be Jalandhar have carried out undertaken particularly in environment audit of M/s Trident respect of Captive Power Ltd. (PCD) and M/s Trident Ltd.
Plant, Paper & Towel (HTD). An environment audit
Division to assess the status submitted by above expert
for compliance of agencies along with
environment norms/ recommendations is annexed as
standards. The finding(s) Annexure -IV and Annexure V,
and recommendation(s) of respectively. The industries have
study may be incorporated submitted action plan along with
in the consents issued by the lines to comply with the
PPCB for effectively recommendations of the expert
compliance. This study on agencies same is annexed as
Environment Audit be Annexure -VI.
undertaken in consultation
with CPCB either by PPCB or
through an institute/
consultant having technical
expertise in the relevant
field.
2. M/s Trident Ltd. shall The industry had installed
submit a detailed action the first module of R.O.
plan for compliance of System of 2500 KLD along
condition stipulated by with MEE in April, 2014 at the
PPCB through its consent cost of Rs. 33.0 Crores. The
order, dated 10.02.2012 industry had made efforts to
and 30.05.2013, wherein install remaining modules to
the industry was to RO followed by MEE to make
install Reverse Osmosis the unit ZLD, but, the due to
System followed by technological challenges and
Multiple Effect limitations, the industry
Evaporator in its HTD. could not make the unit ZLD
This should be with the installation of RO
accomplished before 30th system followed by MEE. Over
9
June, 2020; as mandated a period of time, the
by PPCB. The industry performance of system
shall also submit time declined and ultimately the
bound action plan by 15th industry had to abandon the
March, 2020 for project in 2018. Thereafter, installation of agitated the industry acting on the Thin Film Dryer (ATFD) for advice of NEERI had the effective handling of submitted a revised proposal MEE reject. to upgrade the existing ZLD system of 2500 KLD by M/s Trident Ltd. (PCD) adopting MBR Technology at shall also gradually an additional cost of Rs. 12.5 reduce water crores. Purchase order was consumption and thus placed to M/s Hydrotech effluent generation. the Engineering SRL, Italy. As entire treated effluent to per the industry, partial be properly utilize on land equipment has been received for plantation/ irrigation and delivery of the remaining purpose. The industry equipment is pending. The should adopt scientific industry could not install the method for utilization of MBR in stipulated period due treated water within the to lockdown and other complex. An action plan restrictions imposed by in this regard shall also international administration, be submitted by M/s Central/State Governments Trident Ltd. to PPCB on or due to Covid-19 pandemic.
before June 2020 Now, the industry has given detailing pipe network, an alternate proposal and land use, watering depth made commitment during the and type/ age of plants personal hearing held on etc. 30.04.2021 to divert to the plantation area to stop the Having implemented the 100% discharge into Dhanula above, further two years Drain by December, 2021. from now i.e. by June The industry has already 2022. M/s Trident Ltd. purchased additional land of shall get its treated water 51.5 acres to develop utilized to nearby farmers plantation for utilization of for irrigations purpose. treated trade effluent onto land for plantation. The industry has already done eucalyptus plantation in 32.0 acres of land and remaining 19.5 acres of land is yet to be developed by the industry.
The project is expected to be completed by December, 2021 and the industry will start using treated trade effluent onto the land for plantation instead of discharging into Dhanaula drain.
Average production for the last five years of the industry is to the tune of 77.3 TPD against the consented quantity of 120 TPD by the Board. The industry is discharging its treated trade effluent @ 2313 KLD into Dhanuala drain against a 10 permitted quantity of 6702 KLD by the Board.
M/s Trident Ltd. (PCD) The industry had been granted permission by the board to discharge 8700 KLD of treated trade effluent into drain and 12800 KLD onto land for plantation. Present the average quantity of treated water discharged into drain is 6214 KLD.
The industry has already reduced the consumption of fresh water from 59.95m3/ton of paper in the year 2013 to 46 m3/ton of paper in the year 2020 against norm of 50m3/ton as stipulated under charter for water re-cycling and pollution prevention i.e. there is a reduction of about 22%. The industry in order to supply its treated water to farmers, has got the permission from the Drainage Department for laying of pipe network across the drain.
Further, the industry has submitted an Action Plan for utilization of entire treated trade effluent onto land for irrigation/ plantation by June 2022 by the farmers/industry, which is annexed as Annexure -VII.
The industry has develop plantation in an area of about 165 acres within its
3. M/s Trident Ltd. shall M/s Trident Ltd. has already undertake a performance undertaken the performance study of ETPs provided for study on its ETP of PCD from its PCD. The industry shall Thapar Institute. A copy of study undertake necessary project report submitted by the institute on its raw material washing is annexed as Annexure -IV. The stream which nearly institute had given certain contributes to 30% of the recommendations which had total ETP load. already been complied with by the industry, which is also been The industry shall also verified by the joint Committee submit a time bound plan to during visit. The compliance PPCB on or before 15th report of recommendations of March, 2020 for removal of Thapar institute made by the non-biodegradable COD. industry is annexed as Annexure
- X. The industry will also submit M/s Trident Ltd. (PCD) has time bound action plan by already installed and 30th April 2020 for removing commissioned Dissolved Air Flotation (DAF) with screw press 11 of colour from its treated technology project to remove effluent going into the drain. non-biodegradable COD so that pollution load caused from washing steam on the ETP can be reduced. The data showing before and after DAF is annexed as Annexure-XI. The perusal of said data reveals that there is a reduction in COD the tune of 30.3% with the installation of DAF with screw press technology project.
The industry has already given the project to Thapar Institute to conduct a pilot study for the removal of color from its treated trade effluent. The industry as submitted the interim report of the institute in this regard which is annexed as Annexure-Xl. The industry has submitted that the final report of the pilot study project will be submitted to the Board by December 2021.
4. The trend analysis of The industry has informed to the historically data, recorded Joint Committee that it is difficult from OCEMS exhibits reuse to treated trade effluent into its that the discharge from M/s production process due to Trident Ltd. remains within increase in TDS level, which compliance zone. If such is deteriorates the quality of paper the case then let M/s and high concentration of TDS Trident Ltd. shall make all level at the final outlet of ETP. efforts to reuse treated However, the industry is utilizing effluent back to production its treated water/ RO reject process, resulting generated from RO system conservation of water owing installed with energy section for to less withdrawal of different purposes i.e. cooling ground water or canal tower, coal dust suppression, water. ash quenching etc. which do not have/negligible impact on the Besides, the reuse of treated TDS of the treated water. effluent into the production proces5 will affect efficiency of ETP as the treatment system would receive high concentration of BOD and COD. An action plan in order to reuse its treated water not impacting the TDS of the final treated effluent to be shared with PPCB by 30th June 2020.
5. The industry has provided M/s Trident Ltd.(PCD) pipe network for distribution of treated trade effluent on The industry has already the plantation area, developed planation in an area however, was observed that of about 165 acres within its certain patches of premises to utilize treated trade plantation was flooded with effluent partially onto land for water some patches were plantation. During visit, it was 12 found completely dry seen that the industry has because, the industry is divided its plantation area into uniformly distributing different pockets and are treated trade effluent to all provided with electromagnetic cells of plantation area flow meters to monitor the irrespective of the age of utilization of treated trade plants in that cell. The effluent onto land for plantation Industry. Therefore, is uniformly and effectively.
required to provide proper
irrigation network for M/s Trident Ltd. (HTD)
optimum utilization of
treated wastewater. The The Industry has already
industry shall also provide developed plantation In an area
electromagnetic flow meter of about 80 acres within its
at the outlet of each cell of premises to utilize treated trade
plantation making more effluent onto land for plantation.
effective utilization of During visit, it was seen that the
treated effluent. industry has divided its
plantation area into different
pockets and provided low
meters to monitor the utilization
of treated trade effluent onto
land for plantation uniformly
and effectively.
The day wise roaster to utilize
treated trade effluent onto land
for plantation in different pockets
has also been prepared by the
industry for both the units to
utilize treated trade effluent
uniformly.
6.
The industry is not The Industry is not achieving
achieving the emission the emission norms of 75
standards of 75 mg/Nm3 mg/Nm3 as per stipulation of
from the stack of Environment Clearance
Chemical Recovery Plant granted by MoEF & CC. The
(II) and Energy Section. industry already been
However, the industry directed by the Board to
was given opportunity of upgrade its existing APCDs so
personal hearing before as to achieve the norm of 75
Hon'ble Chairman of mg/Nm3. In this regard, the PPCB on 07.01.2020, Industry had earlier wherein one of the submitted proposal alongwith decision of that the time lines for the up industry shall submit the gradation of existing APCDs detailed proposal w.r.t. as per following:-
upgradation of its
existing APCDs to achieve Recovery 1- 30.09.2021
the stack emission
standard of 75 mg/Nm3 Recovery 2- 30.11.2021
within 03 months
alongwith PERT chart for Co-generation plant 2 & 3 -
installation and 15.05.2021 Thereafter, the
commissioning of the Industry vide letter' dated
same. 27.04.2021 had informed
that technical offers from
Analysis Results of Stack three suppliers on Electro Emissions of PCD Static Precipitator (ESP) up-13
S No Sample Identification Parameters Results (mg/Nm gradation have been received
1. Stack of CRP- Particulate 80
3) and the progress has been II after APCD Matter hampered due to prevailing
2. Stack of CRP-
I after APCD Particulate Matter 82 pandemic scenario. The
3. Stack of Particulate 98 industry requested to extend Energy Matter Section APCD the target time lines to September 2022.
Now, the industry has submitted that the up-
gradation of existing APCD of captive boiler will be completed by 25.11.2021 and the up-gradation of remaining APCDs will be completed by September, 2022. A copy of the orders placed by the industry is annexed as Annexure-XIII.
However, as per the monitoring carried out by the Board from time to time, the average value of 5PM of the samples collected from the stack of boiler furnaces for the 2019.21 varies from 91.2 mg/Nm3 to, 111 mg/Nm . Also, as per the 3 stack emission monitoring carried out by the CPPRI on 26.02.2021, 13.03.2021 and 08.04.2021, the average value of SPM of sample collected from stack of CRP-I, CRP-ii and boiler of capacity 130 TPH was found to be 87 mg/Nm3, 75 mg/Nm3 and 116 mg/Nm3, respectively. In this regard, the SPCB has served a notice upon the industry on 24.09.2021 & the industry has submitted the reply' to the notice on 19.10.2021 and same is under consideration of the Board.
7. The industry (M/s Trident M/s Trident Ltd has already the Ltd) will conduct detailed got monitoring of ground water study for monitoring of the carried out cross the Dhanaula ground water quality across drain from M/s Cholamandalam the Dhanaula drain in order MS Risk Services Ltd., Chennai. to evaluate the impact of its A copy of report is annexed as treated water discharged Annexure-XIV. Based on onto drain and submit the samples collected by the agency, report by 30th April, 2020. following conclusions were made.
pH in the groundwater samples collected was reported in the range of 7.1 to 8.0 which is within the 14 acceptable range as per drinking water standards published by IS 10500:2012. Whereas the pH in soil was found to be more alkaline in the entire region.
TDS in the samples collected from the existing bore wells were recorded to be in the range of 524 to 1276 mg/l. The TDS levels in groundwater from the samples collected is a regional phenomenon and Is in line with the published regional level data. The groundwater's Salinity as NaCl is in-line with TDS which contributes to 50% to 60%.
Similarly, the electrical conductivity in the soil is also high and depicting regional scenario which reflects the equivalent salinity as NaCl in soil.
Total hardness in the samples collected from the existing borewells was recorded to be in the range of 140 to 595 mg/l.
Minor traces of nutrients and Heavy metal were found in the groundwater and soil samples collected but the impact is totally insignificant.
It is also mentioned here that ground water monitoring had also been carried out by CPPRI Saharanpur, Punjab Bio Technology Incubator, Mohali and by Joint Committee during earlier visit on 23.02.2020. The results of ground water samples carried out by above institutes have been compared and annexed as Annexure-XV. CPPRI, Saharanpur in its Environment Audit report has concluded that ground water quality at the selected locations is also satisfactory in context of the specified norms indicating that no adverse impact of mill ground water quality.15
8. The concept of 'Zero Liquid M/s Trident Ltd. (HTD) Discharge' be considered as minimal discharge of Average production for the last effluent particularly from five years of the industry is to the industrial sectors the tune of 77.3 TPD against reported upon. According the consented quantity of 120 to mechanics of fluids TPD. The industry is (more precisely discharging its treated trade thermodynamics) that a effluent @ 2313 KLD into continuous operation bound Dhanaula drain against a to generate 'rejects', and/or permitted quantity of 6702 'blowdown' and /or 'bleed', KLD by the Board. The due to process entropy, industry has developed despite of whatever additional land of 32.0 acres technology adopted. Punjab and assured that it will stop Pollution Control Board, discharging effluent of HID therefore, has to examine unit into Dhanaula drain by what minimum disposal of December, 2021. effluent be permitted to M/s Trident Ltd. Considering the M/s Trident Ltd. (PCD) production technology, scale of operation and utilization The Industry had been capacity. granted permission by the Board to discharge 8700 KID of treated trade effluent onto drain and 12800 KLD onto land for plantation. At present, the average value of treated water, being discharged into drain is 6214 KLD i.e. about 28.5% less than the permission granted by the Board.
The industry has already reduced the consumption of fresh water from 59.95 m 3 / ton of paper in year 2013 to 46 m 3 / ton of paper in year 2020 against norm of 50 m 3 /Ton as stipulated under charter for water re-cycling and pollution prevention i.e. there is a reduction of about 22 %. In order to give its treated water to farmers, the Industry has on 16.08.2021 got the permission from the Drainage Department for laying of pipe network across the drain. The industry has also submitted an Action Plan for utilization of entire treated trade effluent onto land for irrigation / plantation by June 2022 by the farmers / industry.
The industry namely M/s Trident Ltd (PCD) had been issued notice for the violations of the provisions of the 16 Water (Prevention & Control of Pollution) Act, 1974 & the Air {Prevention & Control of Pollution) Act. 1981 vide Board's letter no. 3294 dated 24.09.2021 with an opportunity of to file its reply within 15 days from the date of issuance of this notice The industry namely M/s Trident Ltd (11TD) had also been issued notice for the violations of the provisions of the Water (Prevention & Control of Pollution) Act, 1974 vide Punjab Pollution Control Board letter no. 3296 dated 24.09.2021 with an opportunity of to file its reply within 15 days from the date of issuance of this notice The industry has submitted reply of above mentioned notices to the State Pollution Control Board which is reported to be under consideration of the Board.
From the above mentioned status report on recommendations of Joint Committee, it is evident that the industry is compliant with most of the recommendations/submitted action plan alongwith timelines. However, the industry is not complying with recommendation no. 2 & 6 of Joint Committee. Also, State Pollution Control Board should file its action taken report to the Hon'ble NGT separately in compliance of directions issued vide orders dated 29.07.2021."
Report of the State PCB dated 10.11.2021
7. The State PCB has also filed its compliance report on 10.11.2021 with reference to the observation in the order dated 29.07.2021 as follows:-
"a) The unit remains deficient in requisite compliances for more than one year. Remedial action in terms of the recommendations in the report filed on 29.2.2020 and order of this Tribunal dated 24.6.2020 is not shown to have been taken.
The reply already given in paragraph 3 above is reiterated and the contents thereof are not repeated for the sake of brevity. The said reply may kindly be read as reply to the above direction of this Hon'ble Tribunal.
b) Under EC conditions the standards of 75 mg/Nm3 are to be met whereas, which are not met.
With regard to the above direction, relevant aspects of the case are mentioned herein below:
i) As per the condition of Environmental clearance granted by MoEF, the industry is required to achieve the stack emission standard of 75 mg/Nm3.
ii) As per the general emission standards, however, prescribed by CPCB based on the capacity of the boiler, limit of 150 mg/Nm3is applicable to the industrial units.17
iii) As per the monitoring carried out by the Board, the average value of SPM of samples collected from the stack of boiler Furnace are as under:
Sr. Sample Identification Parameters Result No. (mg/Nm3) 1 Stack of CRP-I after APCD Particulate 111 (20.06.2019, 20.09.2019, 23.01.2021) Matter 2 Stack of CRP-II after APCD Particulate 93.4 (10.6.2020, 17.9.2020, 10.12.2020, Matter 30.04.2021, 21.09.2021) 3 I Stack of boiler of capacity 130 TPH Particulate 91.2 (10.6.2020, 17.9.2020, 10.12.2020, Matter 30.04.2021, 21.09.2021)
iv) As per the stack emission monitoring carried out by the CPPRI on 26.02.2021, 13.03.2021 and 08.04.2021, the average value of SPM of sample collected from stack of CRP-I, CRP-II and boiler of capacity 130 TPH was found to be 87 mg/Nm3,75 mg/Nm3 and 116 mg/Nm3, respectively.
v) The industry had already been directed by the Board to upgrade its existing APCDs so as to achieve the emission standards of 75 mg/Nm3. In this regard the industry had earlier submitted proposal alongwith time lines for the up gradation of existing APCDs as mentioned below:
a. Recovery 1 30.09.2021 b. Recovery 2 30.11.2021 c. Co-generation plant 2 & 3-15.05.2021
vi) Thereafter, the industry vide letter dated 27.04.2021 had informed that technical offers from three suppliers on Electro Static Precipitator (ESP) up-gradation have been received and the progress has been hampered due to prevailing pandemic scenario. The industry requested to extend the target time lines to September 2022.
vii) Now, the industry has submitted that the up-gradation of existing APCD of captive boiler of co-generation plant will be completed by 25.11.2021 and the up-gradation of remaining APCDs will be completed by September, 2022.
c) Dual prescription needs to be checked. SPCB may also clarify on dual mode of disposal system consented-on land and in Dhanaula drain and mechanism for monitoring standards with two different systems of disposal.
i) The industry has been granted dual mode of disposal for its treated trade effluent i.e. partly into Dhanaula drain and partly onto land for plantation by the Board to decrease the pollution load on the drain. However, a uniform standard as prescribed by MoEF & CC vide notification no. GSR 978(E) dated 10.10.2016 (applicable for textile division) and limits for different parameters for discharge of effluent as 18 prescribed in the Environment (Protection) Rules, 1986 have been adopted as applicable in respect of large pulp & paper mills for both the discharges onto land for plantation and into inland surface water for monitoring purposes.
ii) Both the units of the industry i.e. PCD & HTD are discharging its treated treat effluent partly on to land for plantation and partly into Dhanaula drain within the specified quantity as mention in the letter of consent to operate and has been achieving effluent standards as prescribed for such type of discharges.
iii) The results of the samples of effluent of M/s Trident Ltd.
(HTD) collected by the Punjab Pollution Control Board, Joint Committee constituted by the Hon'ble Tribunal, National Institute of Technology, Jalandhar from the outlet of ETP leading to plantation area and to drain have shown the parameters to be within the prescribed limits. A copy of the analysis results of various effluent samples collected by the various agencies during the period 2019-21 is annexed as Annexure-F.
iv) The results of the samples of effluent of M/s Trident Ltd.
(PCD) collected by the Punjab Pollution Control Board, Joint Committee constituted by the Hon'ble Tribunal, CPPRI, Saharanpur from the outlet of ETP leading to plantation area and to drain have shown the parameters to be within the prescribed limits. A copy of the analysis results of various effluent samples collected by the various agencies during the period 2019-21 is annexed as Annexure-G.
v) The industry (HTD) has already purchased additional land and submitted timelines to stop discharge of its treated trade effluent into Dhanaula drain i.e. by December, 2021. The details have already been mentioned in reply to para 3 above.
vi) The PCD unit is having 165 acres of land to utilize the treated trade effluent for plantation. The industry was granted CTO under water Act by Board to discharge its treated trade effluent @ 8700 KLD onto drain & 12800 KLD onto plantation while the actual effluent discharge into drain is 6214 KLD.
vii) To further reduce 6214 KLD of effluent into drain, the industry has submitted the action plan & obtained permission from Drain Department to lay the pipe across the drain for the utilization of its treated water by the farmers.
d) In view of long unexplained delay on the part of the State PCB in complying with the orders of this Tribunal, we impose cost of Rs. 1 Lakh which may be deposited with CPCB within one month which will be personal responsibility of the Member Secretary, PCB. State PCB is free to recover the same from the erring officers.
i) The delay in submission of compliance report to this Hon'ble Tribunal has mainly occurred due to the non-availability of 19 environmental audit report of the industry, which is interlinked to the issues involved in the case. The contents of reply already given in paragraph 3 above are reiterated. The contents, however, are not repeated for the sake of brevity.
ii) Due to these facts of the case, request was made by the Board to this Hon'ble Tribunal for adjournment of the case.
The officers of the Board had joined the proceedings of the case on 29.7.2021 through virtual mode only to request this Hon'ble Tribunal for grant of some more time for submission of the compliance report. The officers of the Board had otherwise not violated any of the directions of this Hon'ble Tribunal and there was no intention to delay the case in any manner.
iii) However, in order to make compliance of the directions of the Hon'ble Tribunal given vide order dated 29.7.2021, the Board has deposited the amount of Rs. 1.0 lakh towards cost with the Central Pollution Control Board on 27.08.2021 through RTGS. The Board hereby tender an unconditional apology before this Hon'ble Tribunal in this regard and for unintentional delay, which has occurred in the case.
iv) In view of the above facts of the case, the Board prays before this Hon'ble Tribunal to kindly accept the submissions of the Board. The Board humbly prays for the modification of order dated 29.7.2021 to the extent of expunging the adverse remarks and for treating the said amount of Rs. One lakh contribution of the Punjab Pollution Control Board towards the fund maintained by the Central Pollution Control Board for amelioration of environment.
e) The Joint Committee has recommended reduction of water consumption and effluent generation. The industry may achieve suggested water consumption / minimization steps, reduction in generation of effluents, following proper ferti- irrigation plan, to be duly monitored and compliant with emission standards.
i) The industry is achieving suggestive water consumption norms in respect of both PCD & HTD divisions. With the adoption of cleaner production technologies and increased re- use/ re-cycling of waste water, the PCD unit has been able to reduce fresh water consumption from 60 m3/Ton paper in 2013 to 46 m3/Ton of paper in 2020 against a norms of 50 m3/Ton as stipulated under charter for water recycling and pollution prevention. There is a reduction of about 22 % as illustrated in Annexure-H.
ii) In case of HTD, the Industry is already working on adopting cleaner technology, product mix and measures including projects for water conservation which results in reduction of water consumption from 83 m3/T (2016-17 ) to 67.3 m3/T ( 2020-21 ) i.e. 19 % reduction. During last 4 months, the industry has stopped using ground water and has started 20 using canal water, thereby reducing TDS load on untreated trade effluent.
iii) The industry has submitted Action Plans for utilization of treated water by the farmers, Waste Water Management Irrigation Plan and Charter for Water Recycling and Pollution Prevention and the said plans are enclosed herewith as under:
a) For utilization of all treated water by farmers by June 2022 (Annexure-I).
b) Waste Water Management Irrigation Plan (Annexure-J).
c) Charter for Water Recycling and Pollution Prevention (Annexure-K).
f) The PCB may assess compensation for violations till required pollution control devices are set up and ensure that no environmental degradation takes place.
The industry is achieving the suggestive water consumption norms in respect of both the PCD and HTD divisions. The industry has also developed the plantation area as per Karnal Technology for utilizing part of its trade effluent onto land for plantation and the results of the samples collected by the Punjab Pollution Control Board, Joint Committee and Environment Audit Agencies have been found to be within the prescribed limits. The industry (HTD unit) is yet to comply with the ZLD condition. The industry has submitted revised time lines for achieving the standard of 75 mg/Nm3 in respect of stack attached with captive thermal power plant. The Board based on CPCB regime for calculation of environmental compensation, has assessed Environmental Compensation amounting to Rs. 58.32 Lakh for the period from 01.07.2020 to 30.10.2021 and the industry has been asked to show cause vide notice dated 8.11.2021 within 15 days. A copy of notice dated 8.11.2021 is enclosed herewith as Annexure-L. Similarly, HTD unit has been asked to show cause vide notice dated 8.11.2021 within 15 days about the EC amounting to Rs. 58.32 lakh for the period 01.07.2020 to 30.10.2021 due to not achieving ZLD, A copy of notice dated 8.11.2021 is enclosed herewith as Annexure-M.
g) The State PCB to put the industrial unit to notice of proceedings before the Tribunal so that it has an opportunity to show cause before the Tribunal as to why the Tribunal should not take coercive measures in the matter for its continuing failure.
The Board has issued a show cause notice for violation of the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 vide letter no.3293-94 dated 24.9.2021 to Trident Ltd., (PCD), Trident Complex, Village Dhaula, Tehsil and District Barnala and a show cause notice for violation of the provisions of Water (Prevention & Control of Pollution) Act, 1974 vide letter no.3295-96 dated 24.9.2021 to Trident Ltd., (HTD), Trident 21 Complex, Village Dhaula, Tehsil and District Barnala. The industry has also been directed to show cause before the Hon'ble Tribunal.
8. That going by the observations and recommendations given by Central Pulp and Paper Research Institute (CPPRI), Saharanpur, U.P in Environment Audit report of M/s Trident Ltd. (PCD), Village Dhaula, Tehsil and District Barnala, the mill has adopted state of art technologies and equipment's like continuous digester, twin roll press, oxygen delignification and chlorine dioxide bleaching, UASB reactor, chemical recovery systematic etc. There technologies have significantly contributed in reducing the environmental footprint including water footprint of the mill. The quality of treated effluent has been found in compliance with the prescribed discharge norms. The mill has adopted several water conservation strategies to reduce the fresh water consumption, but the CPPRI has recommended that the mill still has a scope to reduce water consumption by further 3-4 m3/t paper and the mill may explore the areas for the same. The industry is achieving the suggestive water consumption norms in both PCD and HTD divisions. The industry is further exploring the possibility of reducing the water consumption in its process.
9. That the above facts are submitted in compliance to the order dated 29.7.2021 for kind perusal, consideration and appropriate orders of this Hon'ble Tribunal. Apart from the above compliance report in respect of the recommendations of the Joint Committee as contained in its report filed on 29.2.2020, the Joint Committee is separately filing the status report in respect of compliance of its recommendations."
Response of the PP - the industrial unit
8. The PP has filed its response on 31.12.2021 claiming compliance as follows:-
"xxx ...................................xxx......................................xxx From the mentioned status report on recommendations of Joint Committee (Pg 18/920), it is evident that the industry is compliant with all of the recommendations.
I. Recommendation No. 1 --
I.A. An in-depth study for Environmental Audit has duly been
conducted for the Towel Division of the Industry (HTD) by the National Institute of Technology, Jalandhar, and in respect of the Pulp & Paper Division (PCD) of the Industry by the Central Pulp & Paper Institute, Saharanpur in April 2021. The report has since been submitted to the Board, and which fact also finds mention in the order dated 29.7.2021 passed by the Hon'ble NGT, New Delhi.22
I.B. The Industry has already started working on the recommendations of the Audit report and has prepared a time bound action plan for the same which is attached as Annexure R-3.
I.C. A perusal of the Audit Report would reveal that the Industry is complying with the prescribed Environmental norms.
I.D. The Audit report reveals the adoption of different clean technologies resulting in significant contribution in reducing the environment foot print including the water foot print of the plant.
I.E. All suggestions have additionally been made which are not mandatorily or statutorily required and are only suggested for further improvement.
It is submitted that the Industry has duly complied with the recommendation and also incurred a cost of Rs. 11,5 Lakh (PCD) and Rs. 7.5 Lakh (HTD) to ensure the compliance.
II. Recommendation No. 2 --
II.A. The Industry has installed RO plant followed by MEE plant in year 2014 for waste water recycling with total expenditure of INR 33 crores (OEM RO- Euromec-10.84 crores, OEM MEE Ketav Consultant- 5.88 crores).
II.B. The Industry had faced the technology failure after 1 year of the plant commissioning & apprise the status to the board. After inputs taken from the NEERI & Environmental consultant Mr Silvano Stroti recommendation was considered to upgrade the existing plant with improved technology i.e. MBR technology.
II.C. The Industry placed the order for the new technology MBR plant as proposed by consultant having cost of 2.94 crores (The plant was delivered at site in March 2020).
II.D. The industry (HTD) had informed the Board vide Letter No. Trident/2020/24 dated 31.03.2020 that the industry would not be in a position to complete the project to install Reverse Osmosis System followed by Multiple Effect Evaporator in its towel division. within the given timelines due to the lock down and other restraints and restrictions imposed by the Central Government and the State government in order to curtail the spread of COVID-19 and had sought support of the Board to keep the project in abeyance till the situation becomes conducive to the upgradation.
II.E. In addition to above, as per CPCB guidelines dated Sep 2019 regarding utilization of treated water for irrigation as alternate to ZLD , the industry has purchased additional land of 51.5 Acres out of which 32 acres has been developed for plantation for diversion of treated trade effluent from drain to said plantation area. As per the recommendation in the 23 Environment Audit carried by National Institute of Technology, Jalandhar as suggested by Joint Committee , the company started purchasing additional adequate land for diverting the existing treated water going in drain onto this new plantation area.
II.F. At Present, the production of the unit is 77.3 TPD and the total discharge of 5365 KLD is generated from said production against consented discharge of 9702 KLD out of which 3014 KLD is already been utilized for plantation & 2313 KLD is going to drain.
II.G. For the remaining effluent of 2313 KLD, the industry has already developed the adequate land of 32 Acres to divert the existing discharge onto drain.
II.H. The Pipe line laying work has been completed and the Industry has already diverted its treated water onto this newly developed land and there is no discharge of treated water onto drain since 15 November 2021. This aspect has since been physically verified by the officials of the PPCB on 07 December 2021.
Hence, there is zero discharge in the drain from the textile unit.
II.I. The industry has already developed the adequate land to handle 7280 KLD treated water catering to a production of 100.4 TPD.
II.J. The Industry is also in process of further developing plantation area of 19.5 Acres which has already been purchased by the industry. This activity will be completed before 31 December 2021 to ensure the compliance of the recommendations made for achieving this goal of an effective use of treated effluent and for saving scarce ground water resources.
Recommendation No. 2 A -
II.K. The Industry (PCD/paper) has gradually reduced its water consumption and the effluent generation through an improved production system. The Industry had already achieved the water consumption long term objective given by CPCB for Pulp & Paper Industry of 50 m3/T. The Industry is presently running at a water consumption of 46 m3/T by adopting several water conservation measures. Copy of Water Charter Target & List of Measures are attached as Annexure R-4.
II.L. The Industry has adopted scientific methods for utilization of its treated water onto plantation within its premises to maximize the utilization of treated water within the complex. The Industry has done a detailed structuring of its complete plantation area. After the assessment, the Industry has laid additional pipeline network for utilization of its treated water on its plantation area. The Industry has also procured dedicated infrastructure including tractor/ harrow/ Rota 24 water for regular maintenance of its plantation area. The Implemented scheme showing detailed pipe network, land use, watering depth and type / age of plants etc. has been annexed as Annexure R-5.
II.M. The Industry has already submitted the action plan for the utilization of its treated water by farmers by June 2022 attached as Annexure R-6.
III. Recommendation No. 3:
III.A. The Industry (PCD) has already undertaken the performance study of its ETP of PCD from Thapar Institute of Technology, Patiala. The report has since been submitted to the Board vide letter no. Trident/PCD/2020/66 dated 08.12.2020 along with a timely action plan for all the proposed recommendations. All the recommendations given in the study conducted by the Thapar Institute have been duly implemented and are given in the annexed report, Annexure R-7.
III.B. The Industry has also completed the project on its raw material washing stream which contributed to nearly 30% of the total effluent load by adopting the latest Dissolved Air Flotation (DAF) and screw press technologies with a total investment of nearly INR 10.50 crores. The Industry has already commissioned the project for the removal of non-biodegradable COD & this target has been successfully implemented. Pictures of the project area along with the supporting data is annexed as Annexure R¬8.
III.C. The Industry has collaborated with the Department of Energy and Environment at Thapar Institute to conduct a pilot study for the removal of all color. The Institute has undertaken the project for achieving the purpose and will share the feasibility report by December 2021 and which shall also be submitted with the State Pollution Control Board. A copy of the MOU entered into with Thapar Institute for the purpose along with the interim report received is annexed as Annexure R-9.
It is further submitted that the recommendations, as made, have been complied with at a cost of Rs. 10.5 crores for the installation of equipment (PCD/paper division) with an additional annual running cost of Rs. 2 crore. The said system has been put into operation by the Industry.
IV. Recommendation No. 4The Industry has conducted the assessment for the reuse of existing treated water back to production process.
IV.A. The reuse of existing treated water will increase the concentration cycle and will increase the Total Dissolved Solids of the final treated water. (TDS of present mill water is 300 ppm and ETP treated water is 1800-1900 ppm) & will also impact the quality of product.
25IV.B. However, the industry is utilizing its treated water/ rejects for following purposes which do not have/negligible impact on the TDS of the treated water. List of projects completed for the utilization of treated water not impacting TDS is attached as Annexure R-10.
The recommendation has thus been complied with and a cost of Rs. 22.5 Lakhs (PCD) has been incurred by the Industry.
V. Recommendation No. 5 -
The Industry has improved distribution of treated trade effluent on the plantation area and started utilizing treated trade effluent as per the implemented schedule/roster prepared for its zone wise distribution attached as Annexure R-11 . Further, the Industry would like to submit that it has already installed the Electromagnetic flow meter at the outlet of each cell of plantation. Pictures of the additional Meters installed for the submetering along with a copy of the purchase order are annexed as Annexure R-12.
The recommendation has been complied with at a cost of Rs. 4.51 Lakhs (PCD/paper) and Rs. 4,32 Lakhs (HTD/towel).
VI. Recommendation No. 6 -
VI.A. The Industry (PCD/paper) has consistently been achieving the existing prescribed standards of 150 mg/Nm3, as stipulated by the Punjab Pollution Control Board in the consents. The latest available test report dated 11.05.2021 depicts the results. Copy of the latest test report dated 11.5.2021 as carried out by PPCB is annexed as Annexure R-13 A. The sampling was conducted on 21 September 2021 the report of which also reveals that the parameters are within the prescribed norms of 150 mg/Nm3. Copy of report is annexed as Annexure R-13 B. These standards of emission conform to the prescribed standards specified and stipulated in the consents granted to the Industry from time to time.
VI.B. However, since a recommendation has been made to reduce the said emission to a maximum limit of 75 mg/Nm3, the Industry had submitted the action plan and time lines for the achievement of stack emission standard of 75 mg/Nm3 by Sep 2021.
S No. Boiler Parameter Result EC Norm Time Line 1 Recovery 2 SPM 80 <75 Sep 21 2 Captive Boiler SPM 98 <75 May 21 VI.C. The project was unavoidably delayed on account of the pandemic scenario in the year 2020-21, which had resulted in 26 a complete shut down and slowing of all Industries during this period.
The Industry has now sought time till September 2022 for the achieving the revised standards as per below details :
S No. Boiler Parameter Result EC Time Line Norm 1 Recovery 2 SPM 80 <75 Sep 2022 2 Captive Boiler SPM 98 <75 25 November 21 *That the compliance of less than 75 mg/Nm3 of the captive boiler has been achieved through the installation of additional equipment. This aspect has also been verified by the officials of the PPCB.
VI.D. The Industry has already installed the new HF Controller to reduce the emissions of its thermal power plant stack to achieve the new recommended value of 75 mg/Nm3. The commissioning of the same has been completed on 24 Nov 21.
Copy of the new Controller Pictures along with its present SPM trend is annexed as Annexure R-14. The results of the samples taken by the Punjab Pollution Control Board dated 7th December 2021 reveals that the industry has achieved the stack value < 75 mg/m3 for its Energy Boiler after upgradation.
VI.E. The Industry has also awarded the contract to M/s Hamon Research (Belgium Company) for the supply of new ESP amount Rs 6.4 crore for reducing the emissions to less than 75 mg/Nm3 for Recovery Boiler 2 . The copy of the agreement for the supply of new ESP is attached as Annexure R-15. The new delivery period of the ESP is 7 months and the installation and commission of the same will be completed by August 2022.
VI.F. The recommendation is likely to be completed before September 2022 as per above table and a cost of Rs. 33.47 Lakhs (PCD) has already been incurred by the Industry & a cost of 900 Lacs will be done on Recovery Boiler new ESP for achieving the given purpose.
VII. Recommendation No. 7 --
The Industry has conducted the detailed study for the monitoring of the ground water quality across the Dhanaula Drain in Dec 2019 from M/s Chola Manadalam and the conclusion from the study is as under:
VII.A. The pH in the ground water samples collected was reported in the range of 7.1 to 8.0 which is within the acceptable range as 27 per drinking water standards published by IS 10500:2012. Whereas the pH in soil was found to be more alkaline in the entire region.
VII.B. TDS in the samples collected from the existing borewells were recorded to be in the range of 524 to 1276 mg/I. The TDS levels in groundwater from the samples collected is a regional phenomenon and is in line with the published regional level data. The groundwater's Salinity as NaCl is in line with TDS which contributes to 50% to 60%.
VII.C. Total hardness in the samples collected from the existing borewells was recorded to be in the range of 140 to 595 mg/I. VII.D. Minor traces of nutrients and heavy metal were found in the groundwater and soil samples collected but the impact is totally insignificant.
As per conclusion drawn by Agency, there is no adverse impact of its treated water discharge onto drain. Copy of the report is attached as Annexure R-16.
The Industry has complied with the recommendation and incurred a cost of Rs. 16.17 Lakhs (PCD/paper).
VIII. Recommendation No. 8 -
The Industry is continuously working for minimum discharge of effluent and is continuously reducing its discharge.
VIII.A. In Paper, The Industry was granted CTO under water Act by Board to discharge its treated trade effluent @ 8700 KLD onto drain & 12800 KLD onto plantation while the actual effluent discharge onto drain is 6214 KLD.
VIII.B. The Industry has reduced its water consumption from 52 m3/Ton to 46 m3/Ton (CPCB Long term Objective: 50 m3/Ton) and as per report submitted by CPPRI Saharanpur, the industry further has potential to reduce to 42 m3/Ton.
VIII.C. While in Textile division against granted permission for total generation of 9702 KLD, the industry is only generating 5365 KLD of effluent out of which 3014 KLD is already utilized onto plantation area.
VIII.D. The Industry is also working on maximum utilization of its treated water onto plantation area and reducing its effluent disposal through alternate routes of Zero Liquid Discharge also as suggested by CPCB. Guidelines of CPCB for alternate routes other than ZLD through utilization onto plantation/irrigation is attached as Annexure R-17.
VIII.E. The Punjab Pollution Control Board has been requested to advise the industry on methods of achieving minimal disposal of effluent considering the production technology, scale of operation and utilization capacity.28
The recommendation has been complied with.
26. That it is a well known fact that any export oriented undertaking such as the answering Industry is subjected to strict quality control measures not only by the statutory authorities like the PPCB, but also by the international buyers, who, in their own manner, conduct a full inspection of all environmental and pollution control measures before awarding such contracts or placing orders. Highest standards of quality in every respect including pollution control are mandatorily followed to sustain its reputation and stature in the market.
27. Besides all the above compliances as detailed by the Respondent Industry, there are other numerous surprise visits of CPCB, PPCB officials where they have not found any violations nor have any advisories been issued and hence are not recorded. The PPCB officials continue visit the Industry at odd hours and adopt constant monitoring through CCTV cameras."
Analysis of the compliance status and directions
9. We have heard learned counsel for the State PCB and PP and perused the record. Question for consideration is whether the PP was and is non-
compliant with EC/consent conditions and environmental norms and if so the remedial action to be taken. We are mainly considering violations with regard to stack emission standards and mode of discharge of effluents which issues are covered by items 2 and 6 of the joint Committee report, quoted above in para 6.
Issue of Emission standards covered by item 6 in the joint Committee report
10. As per EC condition of 2012 referred to in the report of the joint Committee, standard of emission required is 75 mg/Nm3 which stands further revised to 50 mg/Nm3 by later EC while permitting expansion on 07.11.2005 for 265 - 375 TPD and on 23.08.2016 for the expansion from 1,35,000 - 2,10,000 TPA. Accordingly, emissions of particulate matter required is 50 mg/nm3. Thus, the stand of the PP that general standard 150 mg/Nm3 is applicable and the unit is compliant is not factually correct, 29 being against EC condition which is binding. It is clear from the report of the joint Committee that the violations have been continuing and are still continuing. PP has sought time to comply till September, 2022. Further, in report of the State PCB under item (b), violations in this regard are found established. The State PCB has issued show cause notice dated 24.09.2021 for the said violation but final action has not been taken. PCB has determined compensation of Rs. 58.32 lacs for this violation for the period from 1.7.2020 to 30.10.2021. The PP has filed its reply dated 19.12.2021 and submitted that the standard has been achieved on 07.12.2021 but the EC conditions are not referred to. The equipment is to be installed by August, 2022. Consent condition has to be in consonance with the EC. The consent conditions indicate enhancement in the production but corresponding change in applicable emission norms does not appear to have been made. This aspect needs to be looked into by the PCB and remedial action taken.
11. The Unit has to be made accountable for the past violations as per polluter pays principle. Compensation assessed is inadequate as the period of violation is taken only from 1.7.2020 though it is not shown that there was compliance earlier. EC condition has not been referred to. Further, financial capacity of the unit has not been considered as required in view of law laid down inter alia in M. C. Mehta & Anr. v. Union of India (1987) 1 SCC 395, Sterlite Industries (India) Ltd. v. Union of India (2013) 4 SCC 575 and Goel Ganga Developers India Pvt. Ltd. v UOI (2018) 18 SCC 257. Thus, the amount will have to be suitably enhanced and compliance ensured for future. We hold accordingly.
Violation of discharge norms 30
12. Consent conditions under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 for discharge as per State PCB letter dated 10.02.2012 are as follows:-
"1&2....xxx....................................xxx.....................................xxx
3. The consent is issued for the discharge of effluents as per details given below from the premises of the industry through the out- let(s) authorized by the Board:
S. Description Quantity m3/day Mode of final No. disposal
1. Trade Effluent 3000 After Including effluent treatment, onto of M/s Lotus land for Integrated plantation.
6702 Texpark Ltd.
After
treatment, into
drain.
2. Domestic 40 After
Effluent treatment, onto
land for
plantation
4. The effluent discharged through the authorised outlet shall conform to the industry specific standards prescribed by the Board / Ministry of Environment & Forest, Govt. of India for such discharges into inland surface waters.
5. The industry shall regularly operate and maintain the Effluent Treatment Plant to ensure that the treated trade effluent conforms to the standards laid down by the Board for such type of industries / discharges and the industry shall get its effluent samples analyzed from the Board to assess the adequacy of treatment system.
6. The industry will conserve the use of water in the manufacturing plant.
35 to 34.xxx.................................xxx...................................xxx
35. The industry will submit a revised proposal to the Board of 4 no. modules of 2500 KLD each for installation of R.O. system alongwith MEE, within four days, for achieving zero liquid discharge of its trade effluent into Dhanaula Drain.
36. The first module of 2500 KLD capacity should be installed by December, 2012, which shall decrease the discharge - of trade -4 11, effluent into Dhanaula Drain by 2500 KLD. The remaining 3 modules should be installed by June, 2014 for achieving zero discharge of its trade effluent into Dhanaula Drain by June, 2014."31
13. From the above, it is clear that as per consent conditions ZLD was to be achieved by June, 2014 but has not been achieved till date, whatever be the reasons for the failure. Thus, non-compliance is established on this count also. As mentioned in the report of the Joint Committee, the PP installed the first module of R.O. system of 2500 KLD along with MEE in April, 2014 at the cost of Rs. 33.0 crores. The industry made efforts to Install remaining modules of RO followed by MEE to make the unit ZLD but due to technological challenges and limitations, the industry could not make the unit ZLD with the installation of RO system followed by MEE.
Over a period of time, the performance of system declined and ultimately the industry had to abandon the project in 2018. Thereafter, the industry, acting on the advice of NEERI, submitted a revised proposal to upgrade the existing ZLD system of 2500 KLD by adopting different Technology at an additional cost of Rs. 12.5 crores.
14. Thus, the original ZLD condition which was required to be achieved by June 2014 has still not been achieved. Though time for achieving the same was extended by the State PCB till June 2020, the same is at variance with the original consent conditions. Even if the PCB could extend time, till extension violation has continued. Even after expiry of the extended time till 30.06.2020, compliance has still not been achieved. The non-
compliance has continued since 2014. The discharge in drain was proposed to be stopped by December 2021 and discharge on land is said to be meeting the standards which cannot be permanent arrangement having regard to the consent conditions and adverse consequences of discharge of so much water on the land. It is seen that the paper and textile units will altogether discharge 22,710 KLD (16,800 KLD from the paper division and 5910 KLD average daily discharge from the textile division) of treated effluents in an area of 165 acres. Discharge of such huge quantity 32 of effluents on land may result in inundation/flooding of the land. It is not clear where the effluents will go during non-usage period of effluents and during rainy season. Further, there is no foolproof monitoring mechanism which will ensure that proper ferti-irrigation plan is maintained, securing integrity of the soil as well as groundwater quality in prevailing conditions in the command area in question. Further, it needs to be determined as to which technical options will be followed to achieve zero liquid discharge in true sense, ensuring that the water recovered is utilized in the process and the rejects from liquid to solid phase are properly managed as per Hazardous Management Rules, 2016. Given the understanding of the concept of the ZLD, the water recovered has to be used in the process itself and no waste water is discharged in recipient environment. This has to be clarified and affirmed by State PCB and separately by CPCB and MoEF&CC for pan India application.
15. Now, we may refer to the standards notified by the MoEF&CC under Environment (Protection) Act, 1986 with respect to textile and pulp and paper industries. Standards for discharge with respect to textile industries vide GSR, 978(E) dated 10.10.2016, serial no. 6 and other relevant entries are BOD: 30 mg/l, Suspended Solid 100 mg/l, COD 250 mg/l, TDS 2100 mg/l and sodium absorption ratio is 26. CPCB/SPCB can specify more stringent standards depending on the recipient system. Treated effluents can be allowed to be discharged in the ambient environment only after exhausting option for reuse in industrial process/irrigation, to minimize fresh water usage. Standalone large scale units have to meet the values specified. However, the SPCBs with approval of CPCB, may mandate ZLD in large scale units in environmentally sensitive/critical areas. In case of large pulp and paper industries, standards notified vide GSR 546(E) dated 30.08.2005 with capacity above 24,000 MTPA have to achieve BOD 30 33 mg/l, suspended solid 500 mg/l and effluent discharge should be 200 cubic meter per tonne of paper produced. MoEF&CC and CPCB need to resolve the issue how the PP will secure compliance with ZLD condition. Huge quantity of discharge of treated effluents on land for long time is bound to cause damage to the soil as well as groundwater.
Thus, on resolution of this issue, further action of installing the requisite equipments has thus to be completed within a reasonable time. While holding the PP liable for the past and continued violations on polluter pays principle, the PP has to ensure compliance within reasonable time.
16. Accordingly, while giving six months to the PP for compliance, we hold it liable to contribute a sum of Rs. 5 crores on 'polluter pays' principle, considering the period and nature of violations and financial capacity of the unit but on a conservative estimate, having regard to the peculiar facts and circumstances, including the failure of the regulators in clearly specifying the requirements and vaguely laying down ZLD condition. The said amount be deposited in a separate account by the PP with itself, to be used for improvement of environment in the area as per action plan to be prepared by the CPCB and the State PCB taking into account the District Environment Plan. The execution of action plan may be overseen by the joint Committee of CPCB and State PCB of the area. The deposit may be made within one month. In case compliance is not ensured within six months, the unit will be held liable to pay further compensation at the rate of Rs. 1 crore per month, till compliance.
17. The State PCB in consultation with CPCB and MoEF&CC may draw an action plan for ensuring that the industries in question (Paper and Textile) comply with the applicable emission norm i.e. 50 mg/nm3 and 34 achieving ZLD, considering the best technological options and not damaging the soil and groundwater in case of disposal on land and may monitor compliance and file a compliance report of status as on 31.10.2022 by 15.11.2022 with the Registrar General, NGT by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. We also direct that CPCB and MoEF&CC through the CPCB to file separate status report on the status of compliance of ZLD with reference to the other categories of industries particularly for distilleries, textile, pulp and paper, pharmaceutical etc. viz-a-viz with reference to standards notified and implications of permitting for disposal of effluents on land, posing serious threat to soil and groundwater in long run, by 15.11.2022. If any further direction appears to be necessary, the Registrar General, NGT may place the matter before the Bench.
Subject to above, the application stands disposed of.
A copy of this order be forwarded to MoEF&CC, CPCB and State PCB by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM Dr. Afroz Ahmad, EM February 08, 2022 Original Application No. 682/2019 A+DV 35