National Green Tribunal
Manish Jain vs Union Of India on 5 August, 2022
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 141/2022
(I.A No. 45/2022)
Manish Jain ...Applicant
Versus
Union of India & Ors. ...Respondents
Date of hearing: 05.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondent Mr. Daleep Dhyani, Advocate for UPPCB.
Mr. Ankit Singh, Regional Officer of Muzaffarnagar.
Application under Section 18 read with Section 14 and 15 of the
National Green Tribunal Act, 2010.
ORDER
1. Grievances of the applicant in the application are that respondent no.
5- the Upper DOAB Sugar Mills Limited and respondent no. 6- Sir Shadi Lal Enterprises Ltd., are running sugar mill and distillery in Shamli respectively in violation of environmental norms and causing air and water pollution adversely affecting the health of the residents of the locality and surrounding areas of District Shamli.
2. Vide order dated 28.02.2022, this Tribunal constituted a Joint Committee comprising of the State PCB and District Magistrate, Shamli, (Uttar Pradesh) and directed the same to submit factual and action taken report within three months. The relevant part of the order reads as under:-
"Having regard to the seriousness of the allegations, it appears necessary to ascertain the factual position in the matter through a Joint Committee of the State PCB, District Magistrate, Shamli, (Uttar O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.-2-
Pradesh). The State PCB will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks and undertake site visit and look into the grievance of the applicant. Factual and action taken report may be furnished within three 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..."
3. In compliance thereof, the Joint Committee inspected the industries on 31.03.2022 and has submitted report vide letter dated 01.07.2022. The relevant part of the report is extracted here under:
"X X X X X X The Sugar Unit i.e. M/s Upper Doab Sugar Mills, Shamli, UP was found operational during the visit. The Sugar mill started its operations on 08.11.2021 for the current crushing season 2021-22. The Sugar Mill and its surrounding area was inspected by the joint team & details are following:
A: General Information : About M/s Upper Doab Sugar Mills, Shamli, UP:
1. Date of Inspection: 31.03.2022
2. Name of the unit with complete M/ s Upper Doab Sugar Mills, Shamli postal address (A Unit of Sir Shadi Lal Enterprises Ltd, Shamli-247776, Uttar Pradesh
3. Spatial Co-ordinates Lati tude -29°26'32.57"N Longit ude-77°18'51. 15"E Latitude and longitude (in Decimal
4. format only) integrated (with co- Sugar Unit Standalone/ generation) Sugar/ sugar refinery
5. Year of commissioning 1933
6. License capacity of sugar Mill 6250 TCD
7. (TCD) actual crush rate (TCD) 5748 TCD (Avg . value upto dated Average 11.04.2022)
8. Consent status & its Validity with date a. Air Consent b. Water consent a) Air Consent valid up to 31.12.2023 (Annexure-I).
b) Water consent valid up to C. Hazardous Waste 31.12.2023 (Annexure- II). Authorization c) The Hazardous Waste Authorization is valid upto 26.07.2023 (Annexure-III) O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.
-3-9. NOC from UPGWD & its The unit has NOC from Ground Water Validity with date Department for all 5 tubewells are valid (Expired/Applied for upto 15.08.2026 (Annexure-IV) renewal/First time applied/Never applied)
10. Started crushing in season 2021- 08.11.2021 (2021-22) 22 Stopped crushing in last season 15.05.2021 (2020-21) 2020- 21
11. Operational status during visit Operational
12. Name of contact person Designation Sh. V.K. Tyagi Vice President Sh. Pankaj Agarwal GM(Production) B. OPERATIONAL STATUS:
S.N Particulars
o.
1. Sources of fresh water
a. Bore well Total Bore wells is 05 no.
(03 was operational, 02 was standby) b . Flow meter Installation at wells Yes c. Any Logbook maintained Yes
2. Fresh water consumption (KLD) a. Sugar plant From 01.03.2022 to 31.03.2022 , Avg b. Residential etc. 1372 KLD as per logbook data. c. Total fresh water Consumption (m3/hr) d. Log book maintained (Yes/ No) Yes If any, details to be collected
3. Waste water (effluent generation (KLD) a. Cooling tower over flow Total Cooling tower over flow= 540 KL Total Cold water drain out = 0.0 KL b. Mills, cooling water drain, Cleaning washing, Misc. effluent C. Common/total uses. 1200 KLD (Approx.) generation
4. Schematic diagram of ETP Receiving Tank> Oil Separator > Rori bed Filter> Chemical dosing tank> Zigzag pits> Aeration tank> Secondary clarifier> Dual media filters > Final treated effluent.
5. Treatment capacity of ETP (KLD) 1600 KLD
6. Storage of treated Effluent A. No. & size of lagoons No. of lagoon= 01, Size= 19000 m3 (as reported by Unit) B. Retention time 15 days as per sugar charter Sludge Handling Process:
a. Sludge Drying Process 06 no. sludge drying bed available for drying process b. Final Disposal of Sludge Sludge after drying is used as manure for green belt.
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7. c. Whether mechanical sludge Filter press is not installed handling system installed
8. Any Hazardous Substances Yes, (Yes/No), if yes, give details.
(Quantity & way of Disposal) Way of Disposal: lubricant/ used oil is mixed with bagasse & burnt in 9 Mode of disposal (Route to Reach Treated effluent is given to nearby farmers Ganga) through pipeline and used for irrigation.
B. OPERATIONAL STATUS:
S.N Particulars
o.
1. Sources of fresh water
a. Bore well Total Bore wells is 05 no.
(03 was operational, 02 was standby) b . Flow meter Installation at wells Yes c. Any Logbook maintained Yes
2. Fresh water consumption (KLD) e. Sugar plant From 01.03.2022 to 31.03.2022 , Avg f. Residential etc. 1372 KLD as per logbook data. g. Total fresh water Consumption (m3/hr) h. Log book maintained (Yes/ No) Yes If any, details to be collected
3. Waste water (effluent generation (KLD) c. Cooling tower over flow Total Cooling tower over flow= 540 KL Total Cold water drain out = 0.0 KL d. Mills, cooling water drain, Cleaning washing, Misc. effluent D. Common/total uses. 1200 KLD (Approx.) generation
4. Schematic diagram of ETP Receiving Tank> Oil Separator > Rori bed Filter> Chemical dosing tank> Zigzag pits> Aeration tank> Secondary clarifier> Dual media filters > Final treated effluent.
5. Treatment capacity of ETP (KLD) 1600 KLD
6. Storage of treated Effluent C. No. & size of lagoons No. of lagoon= 01, Size= 19000 m3 (as reported by Unit) D. Retention time 15 days as per sugar charter Sludge Handling Process:
d. Sludge Drying Process 06 no. sludge drying bed available for drying process e. Final Disposal of Sludge Sludge after drying is used as manure for green belt.
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7. f. Whether mechanical sludge Filter press is not installed handling system installed
8. Any Hazardous Substances Yes, (Yes/No), if yes, give details.
(Quantity & way of Disposal) Way of Disposal: lubricant/ used oil is mixed with bagasse & burnt in 9 Mode of disposal (Route to reach Treated effluent is given to nearby Ganga) farmers through pipeline and used for irrigation.
3.1 Observations during the visit on 31.03.2022 by the joint team of UPPCB and District Administration, Shamli:
General
1. The Sugar unit i.e. M/s Upper Doab Sugar Mills, Shamli, U.P is engaged in producing white sugar by using Sugarcane as raw material.
2. During inspection, the unit was found in operation. The ETP was operational at the time of inspection.
3. The unit has started its crushing operation on 08.11.2021 for current season 2021-22. The Unit closed its operation on 15.05.2021 in the last crushing season i.e. 2020-21.
4. As per Daily Manufacturing Reports (DMRs) provided by the unit, it was observed that on the average actual crush rate (TCD) is 5748 TCD (Avg. value upto dated 11.04.2022) against the consented capacity of 6250 TCD.
Compliance status under Water (Prevention & Control of Pollution) Act, 1974
5. The Unit is having valid Consent to operate (CTO) under Water & Air act and valid up to 31.12.2023.
6. The unit is having ETP with treatment capacity of 1600 KLD for treatment of effluent generated from various sections of sugar mill. The ETP comprises of Receiving Tank> Oil Separator > Rori bed Filter> Chemical dosing tank> Zigzag pits> Aeration tank> Secondary clarifier> Dual media filters > Final treated effluent.
7. The unit has installed flow-meter at ETP inlet pipeline & Outlet pipeline. The unit has maintained log book for inlet and outlet flow meter reading.
8. The unit is complying w.r.t. final treated effluent discharge volume norms as the treated effluent generation i.e., 193 Liter/ton of cane crushed as against norms of 200 Liter/ ton of cane crushed.
9. The unit has 01 lagoon having capacity of 19,000 m3 to store final treated effluent. The treated water is pumped for irrigation to nearby factory farm yard and farmer land as per the demand through pipeline.
O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.
-6-10. During inspection, it was observed that the ETP was installed outside the premises of the Sugar mill and the untreated effluent is pumped from a sump inside the premises to the ETP through a pipeline. The sump drain found disconnected by Brick Wall from storm water drain.
11. About 230 workers /staff resides within the premises and 813 workers attends the mill per day. The Sugar mill does not have any STP (Sewage Treatment Plant) for the treatment of sewage generated daily from the residential Colony and Sugar Mill. The Unit has submitted the proposal for STP (Sewage Treatment Plant of 100 KLD Capacity) for the treatment of sewage water.
12. The Joint team collected sample from the ETP and outside the premises Shamli drain. Lab analysis results are tabulated as below:
Sample Locations Parameters
Ph COD BOD TSS TDS O&G MLSS
( ETP)
Inlet 5.2 2880 1065 580 - - -
Aeration tank - - - - - - 2800
Final Outlet (After tertiary treatment) 7.2 192 26 28 556 - -
Standards as per E(P(Rules), 1986 5.5- 250 100 100 2100 10
For Land disposal 8.5
Drain outside the Unit premises.
Shamli drain (downstream 3 - 3.5 km 7.2 248 106 84 - -
from the unit premises)
O&G is Oil & Grease
All values in mg/l except pH. The Lab Analysis report is annexed at annexure-V.
13. The unit has installed Online Continuous Effluent Monitoring System (OCEMS). During inspection, all parameters found within the norms. The OCEMS is connected with CPCB server.
14. The Unit has maintained logbook for daily bore wells reading & analysis of effluent parameters.
15. The unit submitted ground water sample analysis report dated 26.02.2022 in which general parameters and heavy metals parameters are within the prescribed limits from third party agency M/s. Newcon Consultants & Laboratories, Ghaziabad (Annexure-VI).
Compliance status under Air (Prevention & Control of Pollution) Act, 1981
16. The Unit is surrounded by nearby human population, commercial activities and academic institutions. The Unit has increased the boundary height at Bagasse yard area & covered the bagasse & mound with green cover. However, the boundary O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.
-7-walls height need to be increased and should be more (at least 3 meter) than the height of the bagasse mound so as to avoid any bagasse dust emission to the nearby area.
17. During the visit, water sprinkling was being practised manually by the unit in the Bagasse handling area and storage yard.
18. The unit is having 05 no. of Boilers & capacity of 04 boilers are 25 TPH each & one of 38 TPH using bagasse as fuel and the same was operational during inspection. For APCD, the unit has installed wet scrubbers in 04 stack (common in two 25 TPH boiler).
19. During inspection, stack monitoring of the boiler stacks were also carried out by the team. Details as below stack:
Boiler No. Boiler Capacity APCD Stack Height Analysed Standard (TPH) Parameter (mg/Nm3) PM (mg/Nm3) 01 1x38 TPH Wet 35 meter 142.6 150 scrubber 02 Wet 35 meter 138.7 150 03 (common) 2x25 TPH scrubber (Common) 04 1x25 TPH Wet 35 meter 132.7 150 scrubber 05 1x25 TPH Wet 35 meter 136.2 150 scrubber The Lab Analysis report is annexed at Annexure-VII.
20. During the visit, fly-ash was not seen outside the industry premises on side of roads. The Unit has landfill area outside the premises for fly-ash handling and management in land owned by the unit about less than 1 km from the industry. The total area of fly ash yard is approx. 4.15 acre. At the time of inspection, almost 2000 sqm. area found filled with fly ash. Industry intimated that they have agreement for disposal of fly ash for filling in low lying areas. Copy of the agreement is enclosed at Annexure-VIII.
21. The unit has manual water sprinkler system at the fly-ash landfill site. The transportation of the fly-ash to the designated landfill site facility found covered truck/trolley to contain the spread of any fly-ash during transportation. The Unit representative informed that the fly-ash from the landfill site is taken for the road making.
Groundwater Sampling and Analysis
22. To assess the ground water quality, groundwater samples were collected from the units premises & outside the factory and results are depicted below:
O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.
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GW Sample Location pH Conducti TDS Total
vity hardness
Borewell within the premises 7.9 1080 760 340
India Mark-II Hand Pump near 7.4 780 640 290
Shamshan Ghat, Vill. Lilon (Opp. to Goga Peer Mhadi) Drinking water standards (BIS) (Second 6.5-8.5 -- 500 200 Revision) IS 10500: 2012 (Acceptable limit) Drinking water standards (BIS) 6.5-8.5 -- 2000 600 (Second Revision) IS 10500: 2012 (Permissible limit in absence of alternate source) All values in mg/l except pH. The Lab Analysis report is annexed at Annexure-IX.
3.3 CONCLUSIONS (SUGAR MILL)
1. The Sugar mill started its operation on 08.11.2021 during the current crushing season (2021-2 2).
2. During the visit, the Unit was found complying with the notified effluent standards for irrigation at ETP.
3. The unit has submitted proposal for installation of Sewage Treatment Plant of 100 KLD capacity for the treatment of sewage water.
4. During the visit, no visible fly-ash and baggase emission/ spread was observed. The bagasse stock was found covered with green sheet, however the height of the boundary wall at bagasse storage yard/area are not enough and needs to be increased (at least 3 meter). Industry representative informed that boundary wall construction work is under progress. During inspection, foundation work were found in progress.
5. In the matter of Satyapal Singh Vs State of Uttar Pradesh (O.A. No. 301/2020) as per the Hon'ble NGT order dated 02.08.2021, on the basis of joint committee recommendation, environmental compensation of Rs. 6.90 Lac has been deposited by the industry through RTGS (No. PUNBR52022042511894660) dated 25.04.2022 in Bank A/c of U.P. Pollution Control Board.
6. Industry has submitted the action taken report vide their letter no. UDSM/HR/44/2022 dated 26.04.2022 in the matter of Satyapal Singh Vs State of Uttar Pradesh in O.A. No. 301/2020. At the time of inspection dated 31.03.2022, unit found complying the recommendation of joint committee passed through their visit on dated 24.11.2021.
3.4 RECOMMENDATIONS FOR THE SUGAR MILL (M/S UPPER DOAB SUGAR MILLS) Based on the present joint visit on 31.03.2022, following are recommended for compliance:
O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.-9-
1. The Unit shall install a Sewage Treatment Plant (STP) of 100 KLD capacity as per proposal within 03 months for the treatment of domestic wastewater generated from the residential and industrial area.
2. The Unit shall ensure safe transportation and storage of bagasse and fly ash, so that can avoid any fugitive emission of bagasse and fly ash dust particles.
3. Unit shall ensure the provisions of Water (Pollution Prevention & Control) Act 1974 as amended and Air (Pollution Prevention & Control) Act 1981 as amended.
4.0 JOINT INSPECTION OF M/S SHAMLL DISTILLERY & CHEMICAL WORKS, (DISTILLERY) SHAMLI, UTTAR PRADESH BY CPCB, UPPCB, AND ADM-SHAMLI.
M/s Shamli Distillery & Chemical Works', Shamli. ("The Unit"), UP is engaged in the manufacturing of ENA/Rectified Spirit/Absolute Alcohol by using from Mmolasses as raw material. The installed production capacity of the Unit is 100 KLD.
During the visit on 31.03.2022, the unit was found operational. The Distillery Unit representative informed that they had started their manufacturing operations on 04.12.2021.
General information :
1. Name of the unit and Address M/s Shamll Distillery & Chemical Works, Shamli-247776, Uttar Pradesh
2. Spatial Co-ordinates (lat. & long.) Lat:29.450758 , Lon:77.315212
3. Name of the Contact person- Sh. Rajan Srivastava, Asstt. Vice Designation, Contact no. President Mob. No. 9149207470
4. Year of Commissioning 1945
5. Sector Distillery
6. Production capacity 100 KLPD
7. Status of consents & Air Consent: valid up to 31-12-2023 (Annexure-X) Authorization (validity/ applied) Water Consent: Valid up to 31-12-2023 (Annexure-XI) HW Authorization: Valid up to 28-01-2027 O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.-10-
(Annexure-XII)
8. Environmental display board Yes at the entrance gate (Yes/No)
9. Water Supply Source Bore wells No. of bore wells 02 nos.
Water Consumption (KLD) About 700 KLD (as reported) (with details of water meters Installed) Water meter installed Yes, Logbook maintained: (Y/N) UPGWD Permission Yes, valid upto 17.12.2026 for 02 Nos. Obtained: (Y/N) Borewells (Annexure-XIII)
10. Waste water generation (KLD) : The spent-wash generation is about 750 KLD (Average).
11. Details of ETP Plant At the time of inspection, it is found that the spent-wash being generated from process, concentrated in MEE (2 Nos., one of 22 KL/Hr and another one is 30 KL/Hr Capacity) and the MEE Concentrate was being sent to slope fired boiler. MEE Condensate, Cooling tower blow down and boiler blow down treated in Condensate Polishing Unit (CPU). CPU comprises of mixing tank (1100 M3), Anaerobic Reactor (5200 M3), Lamella Clarifier (14 M3), Aeration Tank (3000 M3), Clarifier (170 M3), Holding Tank (1100 M3), R.O. Plant (59 M3/Hr).
12. Sources of Air Pollution (Boiler 1. 14 TPH Bagasse fired boiler (closed detail) during visit)
2. 36 TPH Slope boiler (Operational) Type of fuel/s used with Fuel used in 36 Slope and Bagasse consumption and Stack TPH details With APCD Fuel 180 MT/day- Slope, consumption 170 MT/day- Bagasse Stack height & 72 Mt, 2.5 Mt dia.
Diameter APCD attached Bag filter
13. Details of OCEMS installation The flow-meter installed at spent-wash and MEE Concentrate line. OCEMS (emission) for PM emission monitoring from the boiler Stack and provided connectivity to CPCB/UPPCB O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.
-11-14 Type & Quantity of waste Boiler ash:15 TPD generated
15. Facility of Storage/Disposal Boiler ash: Being sold to potash manufacturer 4.1 Observation made during the visit of M/s Shamli Distillery & Chemical Works, Shamli, UP by UPPCB and ADM-Shamli.
1. The Distillery Unit's manufacturing operation was found operational during the visit on 31.03.2022.
2. During the visit, no discharge of effluent as the industry is complying ZLD.
3. During the visit, no bio-composting found.
4. Industry has submitted the action taken report vide their letter no. SD/2022/293 dated 26.04.2022 in the matter of Satyapal Singh Vs State of Uttar Pradesh in O.A. No. 301/2020. At the time of inspection dated 31.03.2022, one storage lagoon (Capacity 4200 KL) of spent wash was found in use, rest 02 lagoons having capacity of 1350 KL each was found not in use. 01 Lagoon found filled and another one was in the process of filling. Industry has intimated that the 2 nd lagoon will be filled within 10 to 15 days in the said letter.
5. Industry has installed the environmental display board.
6. During the visit, unit found complying the recommendation of joint committee passed through their visit on dated 24.11.2021.
Compliance status under Water (Prevention & Control of Pollution) Act, 1974
7. The Unit is having valid Consent to operate (CTO) under Water & Air act and valid up to 31.12.2023.
8. The unit is having CPU of adequate capacity for treatment of condensate generated from MEE and other sections of distillery unit. The CPU comprises of Mixing Tank (1100 M3), Anaerobic Reactor (5200 M3), Lamella Clarifier (14 M3), Aeration Tank (3000 M3), Clarifier (170 M3), Holding Tank (1100 M3), R.O. Plant (59 M3/Hr).
9. The unit has installed flow-meter at CPU inlet pipeline & Outlet pipeline. The unit has maintained log book for inlet and outlet flow meter reading.
10. The unit has 01 lagoon having capacity of 4200 m3 to store concentrated spent wash equivalent to 7 days production as per the UPPCB consent condition in case of incineration boiler.
11. The Joint team collected sample from the CPU. Lab analysis results are tabulated as below :
Sample Parameters
Locations Ph COD BOD TSS TDS O&G MLSS
( CPU)
Inlet 5.4 3800 1880 210 640 - -
Aeration tank - - - - - - 1750
Outlet 7.2 96 22 46 590 - -
O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.
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Standards as per 5.5-8.5 250 100 100 2100 10
EP(Rules), 1986 For Land
disposal
All values in mg/l except pH. The Lab Analysis report is annexed at Annexure-XIV.
Compliance status under Air (Prevention & Control of Pollution) Act, 1981
12. The Unit is surrounded by nearby human population, commercial activities and academic institutions. During the visit, no visible fly ash and bagasse emission/spread was observed. Industry representative informed that they have bagasse yard in the premises which was verified during the visit. Industry representative also informed that they are in the process of construction of brick wall surrounding the outside area.
13. During the visit, water sprinkling was being practiced manually by the unit in the Bagasse handling area and storage yard.
14. The unit have 01 bagasse fired boiler of 14 TPH capacity which was found nonoperational during the visit. The unit has 01 slop boiler of 36 TPH capacity which was operational during the visit. Under the provision of Air (Pollution Prevention and Control) Act 1981 as amended, Slop boiler is being supported by Bag Filter with 72 m. high Stack from ground level.
15. Industry has installed Online Continuous Emission Monitoring System which is linked with CPCB and UPPCB server.
16. During inspection, stack monitoring of the slop boiler stack was carried out by the team. Details are as below :
Boiler No. Boiler Capacity APCD Stack Height Analysed Standard (TPH) Parameter (mg/Nm3) PM (mg/Nm3) 01 36 TPH Bag Filter 72 meter 112 150 Slop Boiler The Lab Analysis report is annexed at Annexure-XV.
17. During the visit, fly-ash was not seen outside the industry premises on side of roads. The Unit has provided a landfill area outside the premises for fly-ash handling and management in land owned by the unit about less than 1 km from the industry.
18. The unit has manual water sprinkler system at the fly-ash landfill site. The transportation of the fly-ash to the designated landfill site facility found covered truck/trolley to contain the spread of any fly-ash during transportation. The Unit representative informed that the fly-ash from the landfill site is taken for the road making.
19. The unit has agreement for slop ash selling with M/s. Ganpati Enterprises, Vishvakarma Nagar, Budhana Road, Shamli valid upto 24.12.2024.
Groundwater Sampling and Analysis O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.
-13-20. To assess the ground water quality, groundwater samples were collected from the unit premises and results are depicted below:
GW Sample Location pH Colour Total Calciu Magnes Chlorid Cond TDS (Hzn) hardness ium uctiv m e ity Borewell within the premises 7.5 5 284 178 106 68 690 402 Drinking water standards 6.5-8.5 5 - 75 30 250 - 500 (BIS) (Second Revision) IS 10500: 2012 (Acceptable limit) Drinking water standards 6.5-8.5 5 - 200 100 1000 - 2000 (BIS) (Second Revision) IS 10500: 2012 (Permissible limit in absence of alternate source) All values in mg/l except pH. The Lab Analysis report is annexed at Annexure-XVI.
4.2 CONCLUSION (DISTILLERY UNIT)
1. The distillery started its operation on dated 04.12.2021.
2. During the visit, the unit was found complying with the notified effluent standards by achieving ZLD.
3. During the visit, no visible fly ash and bagasse emission/spread was observed. Industry representative informed that they have bagasse yard in the premises which was verified during the visit. Industry representative also informed that they are in the process of construction of brick wall surrounding the outside area.
4.3 RECOMMEDNATIONS FOR M/S SHAMLL DISTILLERY & CHEMICAL WORKS (DISTILLERY) Based on the present joint visit on 31.03.2022, following are recommended for compliance:
1. The distillery unit shall ensure to maintain ZLD as per the charter notified by CPCB.
2. The Distillery unit shall ensure that the storage capacity of the lagoon/tank for MEE concentrated spent-wash shall not exceed 07 days equivalent of production in case of incineration bbiler as per the UPPCB consent conditions.
3. The distillery unit shall not store bagasse in open place in the boiler section.
4. The distillery unit shall ensure the provisions of Water (Pollution Prevention & Control) Act 1974 as amended and Air (Pollution Prevention & Control) Act 1981 as amended."
4. We have gone through the report. In its report, the Joint Committee has not specifically mentioned about compliance by the Project Proponents with the consent conditions. The State PCB is directed to look into the matter of compliance by both the industries with the consent conditions particularly conditions regarding (i) disposal of fly ash as per CPCB O. A. No. 141/2022 Manish Jain Vs. Union of India & Ors.-14-
guidelines, (ii) coverage of minimum 33 percent of the land on which the industry is established with plantation of suitable species and (iii) compliance with recommendations made by the Joint Committee in its report and take appropriate remedial action as required by law after notice to the Project Proponents and by following due process of law and submit Action Taken Report before this Tribunal within two months by E-mail at [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
5. Notices alongwith copies of the application and the report of the Joint Committee be also issued to respondents no. 1, 2, 4 to 6 requiring them to file their response/ reply to the allegations made in the application as well as observations made in the report of Joint Committee within two month by E-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
6. List the matter for further consideration on 04.11.2022.
7. A copy of this order be forwarded to the State PCB by email for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 05, 2022 AG