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Id:

21044493

Approve:

false

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Clarification:

false

Clarification Note:

Date Created:

2023-02-01 17:00:09.112

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It is submitted that Consent to operate under the Air Act, 1981 was granted to the brick kiln vide no.   R15FZLCTOA2802744 dated 27.05.2015, valid upto 30/09/2019 for operation of brick kiln with bulls trench kiln (BTK) technology for production of bricks & tiles @ 30,000 nos./day, subject to the conditions mentioned therein.                            In compliance to directions of the Board as well as Hon’ble NGT, it was decided that all the brick kiln in the State of Punjab will remain closed till 31.01.2019 and can only start operating after installing the new induced draft zig-zag technology.                            The State Govt., Department of Science, Technology & Environment vide order no. 10/482019-STE(5)/1491422/1 dated 28.05.2019 issued directions to all the brick kilns falling within non-attainment cities of the State that no conventional brick kiln with natural draft/ Bull Trech Kiln (BTK) technology shall be allowed to operate beyond 30.09.2019 along with directions of those brick kilns to pay environmental compensation w.e.f. 01.02.2019, if they do not start convention/ converted to induced draft technology with zig-zag setting within this period i.e. 01.02.2019 to 30.09.2019. The brick kiln was made aware of these directions dated 28.05.2019 of the State Govt. along deposit environmental compensation vide this office letter no. 4391 dated 29.08.2019 with a request to submit compliance regarding work for conversion to induced draft technology with zig-zag setting along with deposition of environmental compensation. However, neither the brick kiln submitted MOU/agreement/feasibility report with any of the technical providers (PSCST/CBRI) for conversion to induced draft technology with zig-zag setting nor deposited any environmental compensation in this office till date.                            Since, the brick kiln did not have valid consent to operate under the Air Act, 1981. Accordingly, vide this office letter no. 997-98 dated 12.02.2020, DFSC, Fazilka was requested not to issue/ renew license to the said brick kiln and cancel the license if already renewed/ issued along with a copy to the Deputy Commissioner, Fazilka. However, no reply was received from the DFSC, Fazilka.                            Thereafter, the industry was issued show cause notice by this office for violations of the provisions of the Water Act, 1974 and the Air Act, 1981 vide this office letter no. 1913 dated 25/05/2021 due to neither submitted the completion certificate from the concerned technical provider for adoption of induced draft technology nor applied for consents to operate under the Water Act, 1974 and the Air Act, 1981 along with requisite amount of Environmental Compensation (EC) as well as other requisite documents.                         Now, the brick kiln has applied for obtaining fresh consent to operate under the Water Act, 1974 and varied consent to operate under the Air Act, 1981 on dated 16.01.2023, for its operation after adopting induced draft technology with zig-zag firing to manufacture bricks and tiles @ 30,000 nos./day. Details of the case are as under:- §  The brick kiln has submitted feasibility/technical report along with completion drawing bearing no. 19/473 from M/s Team Energy System authorized licensee of M/s Central Building Research Institute, Roorkee regarding induced draft zig-zag technology to be adopted by the kiln and Completion certificate dated 26.10.2022 via drawing no. 22/030 issued by M/s CSIR-CBRI, Roorkee. §  As per completion certificate dated 26.10.2022 the brick kiln has converted into induced draft zig-zag technology. §  The brick kiln has submitted three no. registries executed on dated 12.11.2010, out of which one states that Sh. Sunil Kumar S/o Sh. Lal Chand, & Sh. Robin Bajaj S/o Sh. Sunil Kumar both residents of Bajaj Street, Jalalabad, Tehsil Jalalabad, owners of land measuring area 10 kanal 10 marla bearing khasra nos. 81//11/2(2-0), 80//15/1(0-10), 15/3(4-0), 16/1/1(4-0) has given to the firm namely M/s Kay Kay Bricks Co., Ghubaya, Tehsil Jalalabad, Distt. Fazilka for Rs. 8,00,000/-. Second registry states that Sh. Robin Bajaj S/o Sh. Sunil Kumar resident of Bajaj Street, Jalalabad, Tehsil Jalalabad, owners of land measuring area 3 kanal 11 marla bearing khasra nos. 81//20/3(3-11) has given to the firm namely M/s Kay Kay Bricks Co., Ghubaya, Tehsil Jalalabad, Distt. Fazilka for Rs. 2,70,000/- and third registry states that Sh. Robin Bajaj S/o Sh. Sunil Kumar resident of Bajaj Street, Jalalabad, Tehsil Jalalabad, owners of land measuring area 11 kanal 3 marla bearing khasra nos. 81//10/2/2(0-13), 11/1/1(2-11), 11/1/2(3-0), 11/1/3(0-10), 20/1(3-2), 20/2(1-7) has given to the firm namely M/s Kay Kay Bricks Co., Ghubaya, Tehsil Jalalabad, Distt. Fazilka for Rs. 8,40,000/-. §  The brick kiln has submitted partnership deed dated 01.04.2010 which states that Sh. Prem Kumar S/o Sh. Jagan Nath, S/o Sh. Sahil Bajaj S/o Sh. Krishan Kumar and Smt. Harsh Narula W/o Sh. Krishan Kumar, all residents of Jalalabad, Distt. Fazilka have decided to enter into partnership to carry out business of brick kiln under the name & style of M/s Kay Kay Bricks Co., Ghubaya, Tehsil Jalalabad, Distt. Fazilka. On dated 10.04.2018, partner Sh. Sahil Bajaj has been retired w.e.f. 10.04.2018 from the partnership deed executed on dated 01.04.2010 and Sh. Prem Kumar and Smt. Harsh Narula are the continue partners. Thereafter, Sh. Prem Bajaj has been died on dated 07.06.2018, thus Smt. Harsh Narula became only partner of the kiln. Thereafter on dated 08.06.2018, Sh. Sunny Bajaj S/o Sh. Prem Kumar has entered into partnership deed and decided to carry out business of brick kiln under the same name & style w.e.f. 08.06.2018. §  The brick kiln has submitted an undertaking (attested by Charted Accountant i.e.  M/s Sandeep Chilana & Associates) through Smt. Harsh Narula W/o Sh. Krishan Kumar, resident of Jalalabad, Distt. Fazilka, partner of the brick kiln, which is reproduced as under:- 1.    That I, partner of M/s Kay Kay Bricks Co., Village Ghubaya, Tehsil Jalalabad (W), District Fazilka at the time of cancellation of our license by the DFSC. 2.    That the license of our brick kiln was cancelled by Department of DFSC, Fazilka vide no. 7429 dated 04.10.2018 (copy already attached with online application). Therefore, we could not operate our brick kiln without valid license of DFSC. Thus we have not maintained any coal or stock register. 3.    That the brick kiln was not operated with FCBTK technology from Feb, 2019 till adoption of induced draught Zig Zag technology. 4.    Now, the firm have adopted introduced draught zig zag technology and obtained completion certificate from CSIR-Central Building Research Institute, Roorkee on 26.10.2022. 5.    That in case any irregularity / discrepancy is found in this undertaking, the Punjab, Pollution Control Board has right to withdraw / cancel consents in future or to take action against the brick kiln and its responsible persons operating the kiln, as deemed fit under the provision of law. As the brick kiln has not been operated without adoption of induced draft zig-zag technology during the period from Feb, 2019 to 26.10.2022 (date of completion certificate), thus no Environmental Compensation fee is required to be deposit by the brick kiln.   §  The brick kiln has submitted CA certificate of dated 11.01.2023 showing value of gross fixed assets of the kiln as Rs. 86.13 lacs as on 26.10.2022. §  The brick kiln has already Rs. 29,000/- vide UTR/Ref. no. N343222241798936 dated 09.12.2022 and Rs. 38,200/- vide N031232309373202 dated 31.01.2023 as water consent fee under the Water Act, 1974, which is adequate for period upto 30.09.2030 against the value of gross fixed assets of Rs. 86.13 lac under orange category. §  The brick kiln has deposited Rs. 29,000/- vide UTR/Ref. no.  N343222241797153 dated 09.12.2022 and Rs. 52,100/- vide N031232309381400 dated 31.01.2023  as air consent fee  under the Air Act, 1981, which is adequate for a period upto 30.09.2030 against the value of gross fixed assets of Rs. 86.13 lac under orange category. §  The brick kiln has also deposited Rs. 2,900/- vide UTR/Ref. no.  N343222241797153 dated 09.12.2022 and Rs. 700/- vide N031232309368277 dated 31.01.2023 as NOC regularization fee.                           To process the application, the kiln was visited by AEE (undersigned) on 26.01.2023 and it was observed as under:- <p class="MsoListParagraph" style="margin-left: .25in; text-align: justify; text-indent: -.25in; line-height: 150%; mso-pagination: widow-orphan; mso-list: l1 level1 lfo3; text-autospace: ideograph-numeric ideograph-other;">1.    The brick kiln was not in operation with induced draft zig-zag technology. Bricks are lying in a zig-zag way. No unauthorized fuel was found at kiln site. 2.    The brick kiln has upgraded its kiln into induced draft zig-zag technology. AVFD fan has been provided with the chimney and the length of the brick kiln (central island was less than 245 feet). 3.    The brick kiln has provided adequate sampling facilities with kiln stack to facilitate emission sampling. 4.    The kiln has stabilized the periphery road/movement area with brick bats/keri. 5.    The brick kiln has planted trees along its boundary. 6.    The brick kiln has provided septic tank for the treatment of domestic effluent and same is being discharge onto land for plantation.                              Keeping in view of above, it is recommended that regular consent to operate under the Water Act, 1974 and Air Act, 1981 may be granted to the brick kiln for production of bricks & tiles @ 30,000 nos./day using induced draft zig-zag technology for a period of 30.09.2030, respectively, with suitable conditions.     (Competency: EE)

Inspection:

false

Inspection Note:

Officer:

PPCB139

Reject:

false

Reject Note:

Role:

RO AEE Aushpreet Singh