Show ApplicationProcessingDetails

Id:

20593604

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2022-12-07 16:32:16.07

File Note:

It is submitted that the industry is a small scale unit and was granted consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Renewal/LDHKH/2021/16264011 dated 06/11/2021 and under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Renewal/LDHKH/2021/16264008 dated 15/09/2021 valid upto 30/09/2026 for the manufacturing Paint @ 5000 Ltr/day and Thinner @ 10000 Ltr/day. Accordingly, the industry has applied for obtaining varied consent to operate under the Water Act, 1974 and Air Act, 1981 alongwith requisite documents through OCMMS. The industry has deposited consent fee of Rs. 90000/- vide UTR No. BKIDN21153679823 dated 02/06/2021 and Rs. 9400/- + Rs. 806/- (taken from Rs. 14906/-) vide UTR No. BKIDN21153679823 dated 02/06/2021 under the Water Act, 1974 and Rs. 90000/- vide UTR No. BKIDN21153679237 dated 02/06/2021 and Rs. 9400/- + Rs. 806/- (taken from Rs. 14906/-) vide UTR No. BKIDN21153679237 dated 02/06/2021 under Air Act, 1981 against the un-depreciated fixed assets of Rs. 726.57 Lacs as on 31./03/2022 as per CA certificate dated 15/09/2022, which is adequate upto 30/09/2026 under Orange category as per Board's Office Order dated 29/10/2018. The industry has given the details of auxiliary machinery i.e. installation of CCTV cameras, Air Conditioner, Weighing Scales and Air Cooler which has led to the increase in fixed assets. There is no increase in production capacity as well as pollution load due to increase in the fixed assets. The industry has submitted an undertaking, which is reproduced as under: "We have been approved consents of water and air by your department upto 30/09/2026 for manufacturing of Paint 5000 lt/day and Thinner @ 10000 liter/day by operating on single shift. Now, we are planning to increase our production capacity by operating our unit round o clock (3 shifts in day) and increase our production 3 times (Paint 15000 lt/day and Thinner@ 30000 liter/day). We are not adding any machinery, land and also not built any new building in our unit. There is a little increase in our plant & machinery of Rs. 1.63 lakh which is only due to repair of some machinery. We have also repaired some of our furniture etc. We also deposited NOC fee for increase in this cost. There is no increase in pollution load due to this small increase. Our consent fee is already valid upto 30/09/2026. That's why we are applying varied consents. Kindly grant us varied consents, so after that we operate our unit in 3 shifts and manufacture Paint 15000 ltr/day and Thinner @ 30000 liter/day." Accordingly, the industry was visited by the undersigned on 07/12/2022. During the visit, it was observed as under: 1.    The industry has applied subject cited application for manufacturing of paint @ 15000 Ltr/day and thinner @ 30000 ltr/day by operating the industry for 24 hours. Earlier, the industry has obtained 'consent to operate' for manufacturing of paint @ 5000 Ltr/day and thinner @ 10000 ltr/day by operating the industry for 8 hours. 2.    The industry was in operation during visit. 3.    The industry has installed a line of high speed dispensers, overhead mixers, etc. to manufacture paint and varnishes. 4.    The industry has provided 4 nos. tanks for storage of toluene (40 KL capacity), xylene (40 KL capacity), C9 (20 KL capacity) and butyle acetate (40 KL capacity). The representative was asked to submit certificate from any Department to store the chemicals and they have already submitted certificate issued Petroleum & Exploitive Safety Organization (PESO), in which the industry can store Petroleum Class A in bulk 40 KL, Petroleum Class B 139 KL. The license issued is valid upto 31/12/2026. The industry has also submitted license to store solvent and chemicals issued by DFSC, Ludhiana. 5.    The industry has not installed any solvent recovery plant. 6.    No washing of paint drums or vessels was observed during visit. The representative of the industry informed that no water is used in the process and cleaning of vessels. 7.    The industry has not installed any additional machinery. 8.    The industry has installed 1 no. DG Set of capacity 100 KVA which is equipped with canopy and stack of adequate height. 9.    There is no generation of trade effluent and domestic effluent is being discharged onto land for plantation after treatment in septic tank. The industry has submitted a rent agreement deed executed between Mrs. Pooja Nagpal W/o Sh. Ashwing Nagpal (First party) and Eurodec Paints, (Units of Haveli Ram Bansi Lal), Vill. Bija, Tehsil Khanna, Ludhiana (second party). The first party has given her property as mentioned above on rent for the period of 05 years form 01st April, 2021 to 31st March 2026 at the rate of Rs. 3,60,000/- per year to the party of second part/Tenant. Further, the industry has submitted partnership deed executed on 26/08/2020 where in Sh. Ashwin Nagpal, Anuj Nagpal, Anshwar Nagpal and Aashray Nagpal are the partners. It is pertinent to mentioned here that the industry is engaged in only mixing and grinding operation and they do not deal with any kind of wet processes. Hence, they do not require any kind of ETP. As per record file of the industry, there is no complaint/ court case pending against the unit. It is pertinent to mention here that the industry has established its unit by obtaining site clearance from State Competent Authority, Govt. of Punjab. Now, it has applied for obtaining varied consents to enhance production capacity by three times without obtaining any site clearance.  It is intimated that Govt. of Punjab, Deptt. of Labour has exempted the industries located/to be set up in the designated/approved areas such as Industrial Area/Industrial Estate/Industrial Focal Point/Approved Industrial Park/Industrial Zone of the Master Plan/Draft Master Plan from getting site clearance under section 41-A of the Factories Act, 1948 from SCA-cum-SAC. Further, for the industries to be set up in the areas other than designated/approved areas such as Industrial Area/Industrial Estate /Industrial Focal Point/Approved Industrial Park/ Industrial Zone of the Master Plant/Draft Master Plan, site clearance under section 41-A of the Factories Act, 1948 is necessary. Department of Labour, Govt. of Punjab vide letter no. 10470 dated 21.11.2007, it was decided that: "The Committee considered and approved the proposal that in all such cases, where the site clearance had already been granted by the Site Appraisal Committee (SAC) and now there is only change in the product mix or the industry wants to make expansion in the same site which had been cleared by the SAC, the entrepreneur will apply for the site clearance afresh but the case will be referred for comments only to Director of Industries, Director of Factories and Punjab Pollution Control Board." Therefore, the subject cited industry is required to obtain site clearance before any expansion in the project. In view of the above, it is recommended that the industry may be issued show cause notice before refusal of 'consent to operate' under Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 with an opportunity of personal hearing before the Competent Authority of the Board.

Inspection:

false

Inspection Note:

Officer:

PPCB134

Reject:

false

Reject Note:

Role:

RO AEE Rubal Goyal