| File Note: |
It is submitted that the brick kiln was earlier granted consent to operate under the Air Act, 1981 vide consent no. MOH/BKO/2011/F-32 dated 11.03.2011 valid upto 10.06.2011, which was further extended upto 31.12.2011 vide RO Letter No. 3152 dated 18.07.2011. The consent was lastly extended upto 10.03.2015 vide RO Letter No. 5397 dated 14.12.2011 for manufacturing of bricks/tiles @ 20,000 Nos./day.
Brick Kiln was issued show cause notice for violation of the provisions of the Air (Prevention & Control of Pollution) Act, 1981 vide RO Letter No. 2204 dated 30.03.2016, but industry failed to obtained the consent of the Board. Thereafter, show cause notice for violation of the provisions of the Air (Prevention & Control of Pollution) Act, 1981 was issued with an opportunity of personal hearing before the Environmental Engineer, Regional Office, SAS Nagar on 20.01.2020 vide this office letter No. 203 dated 10.01.2020. Sh. Ajit Singh, Father of the partners attended the hearing on 20.01.2020. The proceedings of personal hearing has been conveyed to the industry vide RO letter No. 457 dated 21.01.2020.
Now, as per decision of said personal hearing, brick kiln has applied for consents of the Board under the Water (Prevention & Control of Pollution) Act, 1974 & the Air (Prevention & Control of Pollution) Act, 1981 on 23.01.2020 through OCMMS with requisite documents. Brick Kiln owner had submitted the Design Adequacy cum completion certificate (Drawing No. 19/249)from M/S CSIR-Central Building Research Institute, Roorkee vide its letter dated 13.11.2019 regarding adoption of High Draft Technology with Zig Zag setting, rectangular in shape.
The Brick kiln owner had stated during hearing dated 20.01.2020 that, it has not operated its brick kiln w.e.f. February/2019 onwards, hence the brick kiln is not required to deposit the Environmental Compensation (EC). To prove his claim, he had submitted the GST returns in this regard for the period February/2019 to July/2019. As per GST return it has not claimed reverse charges of GST of coal during above said period. Hence, the brick kiln has not deposited the EC.
The site of the brick kiln was visited by the undersigned on 24.01.2020 and observed as under:-
1. The Brick kiln was not in operation during visit.
2. It has provided induced Draft technology with Zig Zag Setting.
3. It has provided sampling arrangements with the stack of Brick Kiln.
4. New sapling has been provided to develop the plantation area along the boundary of brick kiln.
5. It has provided the stabilized movement area around the kiln.
6. It has provided septic tanks to the Labour toilet and office toilets respectively to treat the domestic effluent.
7. The domestic effluent is discharged onto land for plantation after septic tank.
8. The brick kiln is having the electric connection of 18 KW, which has been released by PSPCL recently.
9. The brick kiln has no D.G.Set.
10. The land of the brick kiln is on lease and lease deed is valid upto 13.07.2022.
As per Board’s office order no. 346 dated 01.08.2016, the MoEF has constituted DIEAA & DEAS for the grant of Environmental Clearance to the Brick kiln owners for mining of brick earth at Distt. Head Quarters instead of at one place by the SEIAA/SEAC. And Environmental Clearance for mining of brick earth will not be a pre-requisite for the grant of consent to operate to the brick kilns. The consent to operate shall be issued to the brick kilns subject to the condition that the BKO will obtain Environmental Clearance under EIA notification for mining of brick clay to be used as raw material for the manufacture of Bricks.
In view of the above, it is recommended that the consent to operate under the Air (Prevention & Control ofPollution) Act, 1981 may be granted upto 30.09.2024 to the brick kiln with usual conditions and special condition that:-
(1) The Brick kiln will obtain further Environmental Clearance under EIA notification for mining of brick clay to be used as raw material for the manufacture of Bricks.
(2) The Brick Kiln will not manufacture of Bricks/Tiles more than 20,000 Nos/Day.
(3) The brick kiln will not start any mining activity viz-a viz the operation of this brick kiln is concerned, without obtaining Environmental Clearance from the Competent Authority prescribed for said purpose.
(4) The brick kiln shall also comply with the Mines & Mineral (Development & Regulation) Act, 1957 and Punjab Minor Mineral (Amendment) Rules, 2013 and the Punjab Regional and Town Planning and Development (Amendment) Act, 2016 as amended from time to time.
(5) The brick kiln shall not use any DG set in its premises without canopy.
(6) The brick will use treated domestic effluent for plantation purpose only.
(7) The brick kiln will bound to submit the copy of extended lease deed well before its expiry date.
Competency to decide the case- Environmental Engineer . |
