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4. Applicant has supported its averments by filing certain photographs as annexures 2 to 9. Applicant has said that though respondent 1 is proposed to follow Zero Liquid Discharge (hereinafter referred to as 'ZLD') system but due to overflow of ETP or leakage, as the case may be, plant's pond is over-flowing and carbon black has settled on the top of the pond water.

Tribunal's order dated 18.05.2023:

5. Applicant's complaint was considered by Tribunal on 18.05.2023 and noticing that a substantial question relating to environment has arisen due to implementation of Scheduled enactment under NGT Act 2010, Tribunal found it appropriate to constitute a Joint Committee comprising CPCB, UPPCB and District Magistrate, Sonebhadra to ascertain factual position and furnish a factual report. In respect of show cause notice dated 24.03.2021, Tribunal observed that UPPCB may take further action and finalise the matter within one month and file Action Taken Report. Tribunal directed for supply of copy of the complaint to various authorities as well as project proponent i.e., respondent 1. Response dated 22.06.2023 submitted by respondent 1:

It is also pertinent to mention that Environment testing including effluent water testing is done by third party M/s Ecomen Laboratories on quarterly basis and its report is submitted to State and Central Pollution Control Board. During the Plant visit also, we offered the team to collect and test the water sample.
Birla Carbon, Renukoot is responsible company and follows world class Environment and Safety Standards, Birla Carbon, Renukoot is the first company in the region to Install Zero Liquid discharge system in the year 2011.
"(a) The unit had a Zero liquid discharge plant since 2011 with a lamella clarifier. The unit is recycling 100% of the effluent water generated in the production process. Electromagnetic flow meter is installed for recycled water. Online real time data is transmitted to CPCB, which includes quality and quantity of recycled water.

Flow meter reading is maintained in the manual log book.

(b) The unit had responded to the Show Cause Notice dated 24 March 2021 issued by UP Pollution Control Board ("UPPCB") vide letter dated 14 April 2021 and had stated that on 9 February 2021 there was no discharge, however, there was accumulation of some carbon near ZLD plant and some dry carbon near plant boundary wall. It was stated that the said issue had been addressed within four days of the plant visit and the unit had constructed a dyke wall near ZLD plant and also prepared pit near ZLD plant to recover any waste carbon immediately and had been ensuring that the same is recycled in the existing carbon slurry rerun system. The reply to the show cause notice has been annexed to the reply of 22.6.2023 as Annexure B. The geotagged image of boundary wall area taken on 12.2.2021 and image of the location mentioned in the show cause notice showing area is dry and clean is annexed hereto and marked as ANNEXURE R/1.