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Online agenda is generated, submitted for approval as under : -
The kiln was earlier granted consent to operate under the Air Act, 1981 vide no. CTOA/Renewal/BTI/2017/5118818 dt. 13.02.2017, valid upto 30.09.2026 for operation of brick kiln with natural draft technology to manufacture bricks & tiles @ 30,000 nos./day, subject to the conditions mentioned therein.
Thereafter, the Consent to operate granted to the industry was revoked vide no. 1317 dated 23.01.2020 for its failure to convert into induced draught technology.
As per record, no directions u/s 31-A of Air Act, 1981 were issued to the BKO.
Now, the brick kiln has applied for consent to operate under the Water Act, 1974 & Air Act, 1981 through OCMMS under orange category as per the prevailing policy after converting the brick kiln on zig-zag technology to manufacture bricks & tiles @ 30,000 nos./day.
The Brick kiln has submitted completion certificate dt. 22.02.2020 from CSIR-Central Building Research Institute, Roorkee to the effect that the kiln has constructed induced draught brick kiln with Zigzag technology, rectangular in shape as per the CSIR-CBRI design. Design details given by our licensee M/s Team Energy Systems, Panchkula via drawing no. 19/1160 and completed construction as per norms.
The kiln has deposited consent fees of Rs. 12600/- vide online R. No. 772997796 dated 06.07.2020 under the Water Act, 1974 and Rs. 4900/- through online vide R. No. 437838480 dt. 07.08.2020 under Air Act, 1981 against the fixed asset of Rs. 19.75 lac as per the C.A. certificate dated 16.03.2020, which is adequate up to 30.09.2025 as per the Board's office order dated 29.10.2018. Rs. 900/- has been deducted penalty fees under Air Act, 1981.
The industry has deposited Rs. 1100/- vide online R.No. 409807455 dated 18.09.2020 as NOC regularization fees.
It is submitted that the Board vide its office order no. SEE (HQ-2)/2018/606 dated 18.12.2018, has partially amended the directions as follows: -
1. The brick kilns which have adopted induced / high draft zig-zag technology certified by Punjab State Council for Science & Technology (PSCST) or other technology provider approved by the Punjab Pollution Control Board are allowed to operate their brick kilns in the State of Punjab. (Category-I)
2. The brick kilns which have adopted induced / high draft zig-zag technology but have yet to obtain the completion / adequacy certificate from Punjab State Council for Science & Technology (PSCST) or other technology provider approved by the Punjab Pollution Control Board OR to whom the provisional certificate has been given by the technology provider for making corrective measures, are allowed to operate their brick kilns in the State of Punjab. (Category-II)
3. The consent to operate to above brick kiln owners / brick kiln shall be granted with following special condition: -
a) Regular consent shall be granted to Category-I brick kilns and consent for shorter period of one year with condition to submit the final completion / adequacy certificate within three months shall be granted to Category-II brick kilns as mentioned above.
b) The consent is subject to the orders passed by the Hon’ble High Court for the States of Punjab & Haryana / Hon’ble National Green Tribunal or other Judicial Authority in the cases pending or being filed with regard to the subject matter of the office order.
c) The consent is subject to the performance evaluation of new technology adopted by the brick kilns. The State Govt., Department of Science, Technology & Environment vide no. 10/48/2019-STE (5)/1491442/1 dated 28.05.2019 issued directions to all the brick kilns established in the State, which are reproduced as under: -
The brick kilns situated within non-attainment cities shall not be allowed to operate without adopting the induced draft technology with zig-zag setting in compliance with the directions dated 01.07.2016 issued by the CPCB.
No new brick kiln shall be allowed to be established in the State of Punjab without having induced draft technology with zig-zag setting.
No conventional brick kiln with natural drat technology shall be allowed to operate beyond 30.09.2019.
The brick kilns which are continuing to operate and are in the process of conversion to induced draft technology with zig-zag setting/yet to start the process of such conversion are required to pay environmental compensation on the basis of ‘polluter pays principle’ to the Board with effect from 01.02.2019 till the adoption of induced draft technology with zig-zag setting as under:-
i. Rs. 25,000/- per month for kiln of capacity equal to or more than 30000 bricks per day.
ii. Rs. 20,000/- per month for kiln of capacity less than 30000 bricks per day.
• A meeting was held by the Chairman of the Board on 28.01.2020 with the Punjab Brick Kiln Association regarding compliance of Govt. Orders dt. 28.05.2019. After deliberation on the issue, the proceedings has been circulated and following decision were proceedings has been circulated and following decision were taken:
I. The Regional Offices of the Board are required to impose/charge environmental compensation from the brick kiln owners from 01.02.2019 to 30.09.2019 for the period for which the brick kiln are actually operated (without converting to the induced draught technology).
II. In case brick kiln is not operated after 30.06.2019 due to rainy season but the same brick kiln restarted its operation later on but without converting to induced draught technology, then environmental compensation will be levied for full period till the adoption of new technology.
III. In case, any brick kiln is still operating without adopting the induced draught technology, immediate action for closure of kiln /cancellation of license by DFSC shall be taken
IV. Following document shall be obtained from the BKOs to ascertain the actual period of operation of the kiln:
a) The Coal Register duly signed by the BKOs and getting an undertaking to the effect that the entries made In the Coal Register are true & correct, may be taken as a documentary Register are true & correct, may be taken as a documentary evidence.
b) For the Brick Kiln, which are using other authorized fuel than coal such as agro fuels/biomass, may be asked to submit a self undertaking mentioning the period for which the BKOs had operated the Brick Kiln without conversion into Induced Draught Technology.
c) The documents as mentioned in Para a & b above are to be authenticated by the Charted Accountant.
v. Since the Brick kilns are generating and discharging very nominal quantity of domestic effluent and are of small scale, as such, the request of the association for exemption of fee for consent under the Water (Prevention & Control of Pollution) Act, 1974 be accepted and may be made applicable w.e.f. 1.11.2018 subject to the ex-post facto approval of the Board.
The brick kiln was visited by the AEE of this office on 05.10.2020 and it was observed as under:
1. The kiln was not in operation during visit.
2. The kiln has converted its kiln to induced draught zig-zag technology and obtained completion certificate vide dated 22.02.2020.
3. The length of the central island of the kiln is less than 245 feet.
4. The brick kiln is to use crushed coal as a fuel in the kiln with small spoon. Further, no unauthorized fuel was found within kiln periphery.
5. The kiln has stabilized the periphery road / movement area.
6. The kiln has provided sapling all along its boundary.
The industry has submitted the undertaking given by Manish Kumar and authenticated by CA (attached in note history) as under :
1. That I am the Proprietor of M/s Tek Chand Lal Chand BKO.
2. That the entries made in the coal register are true and correct, may be taken as a documentary evidence.
3. The brick kiln was operated with FCBTK technology upto 24.06.2019 and thereafter the kiln has not been operated till adoption of induced draught Zig Zag technology after obtaining completion certificate from CSIR – Central Building Institute, Roorkee.
4. That the brick kiln has adopted induced draught zigzag technology and obtained completion certificate from CBRI-Central Building Research Institute, Roorkee on 22.02.2020.
5. That the brick kiln has been operated by using only coal as a fuel for its operation and no other fuel was used for its operation.
Considering the operation of kiln without induced draught technology for period upto 24.06.2019, the industry has deposited Environmental Compensation of 1,25,000/- (Rs 100000 vide R.No. 20/5099 dated 07.07.2020 & Rs. 25000/- vide R.No. 34/5099 dated 30.07.2020). The industry has submitted the copy of coal register attached with application from 01.02.2019 to 31.03.2020 with duly sign/stamped by both BKO & CA. The coal register shows no consumption of coal from 25.06.2020 to 24.2.2020.
The kiln is complying with the code of practice prescribed by the Board for the brick kin in the state and complying with the provisions of Water Act,1974 and Air Act,1981 and directions issued by the Govt. / PPCB from time to time.
It is submitted that it has been mentioned in the feasibility report of CBRI, Roorkee that a chamber holds 15,000 bricks and normally 2 chambers are burnt to obtain an output of 30000 bricks/day. Moreover, the industry has applied for the same production capacity of the bricks @ 30,000 nos. per day as mentioned in the previous consent to operate granted to the industry.
Keeping in view of above, it is recommended that:-
1. Consent to operate under the Water Act, 1974 & Air Act, 1981 may be granted to the brick kiln for production of bricks & tiles @ 30,000 no./day under orange category for a period up to 30.09.2025, subject to the suitable conditions along with the following specific conditions: -
a) This consent is granted subject to the orders passed by the Hon'ble High Court for the States of Punjab & Haryana/ Hon'ble National Green Tribunal or Other Judicial Authority in the cases pending or being filed with regard to the operation of brick kilns in the State.
b) This consent is granted subject to the performance evaluation of new technology adopted by the brick kilns.
c) 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 and submit the same, within two months.
d) The industry shall comply with code of practice for brick kiln and shall achieve the prescribed standard notified by MOEF & CC.
e) The industry shall not generate/ discharge any trade effluent and shall discharge only Domestic Effluent onto land for plantation after passing through septic tank.
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