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Id:

21176049

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2023-02-16 12:01:39.493

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It is submitted that Consent to operate under the Air Act, 1981 was granted to the brick kiln vide no.  R15FZRCTOA2271437 dated 22.01.2015, 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. Thereafter, the brick kiln failed to obtain renewal consent to operate under the Air Act, 1981 (expired on 30.09.2019).                          The Hon’ble NGT, New Delhi vide its order dated 24.10.2018 passed an order in the matter of Punjab Brick Kiln Owner Association V/s State of Punjab & Ors. (Appeal No. 251/2018) wherein 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. A public notice was also given in all the leading daily newspapers regarding orders dated 24.10.2018 passed by the Hon’ble NGT, New Delhi to aware the brick kilns.                         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 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.                         To verify the compliance status the brick kiln, the kiln was visited by AEE (undersigned) on 22.12.2021 and it was observed as under:– 1.    The brick kiln was 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, however no completion drawing has been submitted in this regard. 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 not provided adequate safe arrangements 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. 7.    During visit, the representative of the industry was advised to apply for consent to operate of the Board under the Water Act, 1974 and the Air Act, 1981 and to deposit Environment Compensation to the Board. But, till date the industry has failed to apply for the same.                            Since the owner of the brick kiln is operating the brick kiln without obtaining valid consent to operate under the Water Act, 1974 and the Air Act, 1981 has failed to deposit Environmental Compensation (EC). Accordingly, notice to issue directions u/s 31-A of the Air Act, 1981 was issued to the brick kiln for its closure vide Board’s office letter no. 660-662 dated 11.07.2022 with an opportunity to submit reply in writing within a period of 10 days. But, the brick kiln has neither submitted any reply to the show cause notice issued to it within stipulated time period nor deposited EC.                            Accordingly, the matter has been considered by the Competent Authority of the Board and decided to issue notice to issue directions u/s 31-A of the Air Act, 1981 to the brick kiln for its closure vide Board’s letter no. 2614 dated 01.06.2022 with an opportunity of personal hearing before the CEE on 23.06.2022.                            During hearing, the Partners of the brick kiln stated that they have adopted induced draught zig-zag technology and obtained completion certificate from PSCST on 15.6.2022 and requested to give one week time for submission of consent applications.                            After hearing, the Prop. of the industry and officer of the Board, the Chief Environmental Engineer (B) of the Board has decided that:- <p class="MsoListParagraph" style="margin-left: .25in; text-align: justify; text-indent: -.25in; mso-list: l4 level1 lfo3; border: none; mso-padding-alt: 31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow: yes;">1.    The brick kiln shall apply for obtaining ‘consent to operate’ under the Water Act, 1974 and the Air Act, 1981 as well as deposit requisite environmental compensation, within one week. <p class="MsoListParagraph" style="margin-left: .25in; text-align: justify; text-indent: -.25in; mso-list: l4 level1 lfo3; border: none; mso-padding-alt: 31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow: yes;">2.    Regional Office, Faridkot shall process the consent applications to be submitted by the brick kiln under the Water Act, 1974 and the Air Act, 1981, on merits. <p class="MsoListParagraph" style="margin-left: .25in; text-align: justify; text-indent: -.25in; mso-list: l4 level1 lfo3; border: none; mso-padding-alt: 31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow: yes;">3.    During hearing, the Partners of the brick kiln have been made clear that in case of non-compliance of decision no. (1) above of the hearing within stipulated period, further action for closure of brick kiln shall be taken without giving any further notice/ opportunity.                         The proceedings of the personal hearing were conveyed to the industry for compliance vide Board’s letter no. 3011 dated 24.06.2022.                    The brick kiln failed to comply with the decisions of personal hearing dated 23.06.2022. Subsequently, directions u/s 31-A of the Air Act, 1981 were confirmed vide Board's letter no. 4234 dated 30.08.2022 for the closure of the brick kiln alongwith directions to DFSC, Ferozepur vide Board's letter no. 4237 dated 30.08.2022 to cancel the license issued to the brick kiln.                     Thereafter, 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 17.08.2022, for its operation after adopting induced draft technology with zig-zag firing to manufacture bricks and tiles @ 30,000 nos./day. The detail of case is as under:- ·         The brick kiln has submitted feasibility/technical report along with completion drawing bearing no. SPL-1501/2K from M/s Punjab State Council for Science & Technology, Chandigarh regarding induced draft zig-zag technology to be adopted by the kiln and Completion certificate no. PSCST/TFD/192 dated 15.06.2022 issued by M/s PSCST, Chandigarh. ·         As per completion certificate dated 15.06.2022 the brick kiln has converted into induced draft zig-zag technology. ·         The brick kiln has submitted lease deed executed on dated 15.05.2009 which states that  Sh. Bakhshish Singh and Sh. Amarjit Singh sons of Sh. Santa Singh S/o Sh. Rajinder Singh, R/o Sarih Wala, Tehsil & Distt. Ferozepur has given the land measuring area 3 Kanals 0 Marlas, on lease to Sh. Aman Bajaj S/o Sh. Sham Sunder Bajaj S/o Sh. Jagir Chand and Sh. Preet Shikan, S/o Sh. Harbir Singh S/o Kartar Singh both R/o Jalalabad East, Tehsil Jalalabad, Distt. Ferozepur, partners of brick kiln M/s Guru Kirpa BKO, Sarih Wala, Tehsil Guru Har Sahai, Distt. Ferozepur, for 20 years i.e. from 15.05.2009 to 14.05.2029 for rent of Rs. 30,000/- per annual. ·         The brick kiln has submitted partnership deed executed on dated 29.05.2009 which states that  Sh. Aman Bajaj S/o Sh. Sham Sunder Bajaj S/o Sh. Jagir Chand and Sh. Preet Shikan, S/o Sh. Harbir Singh S/o Kartar Singh both R/o Jalalabad East, Tehsil Jalalabad, Distt. Ferozepur has decided to enter into partnership in the firm name & style of M/s Guru Kirpa BKO, Sarih Wala, Tehsil Guru Har Sahai, Distt. Ferozepur w.e.f. 29.05.2009. ·         The brick kiln has submitted an undertaking (attested by Charted Accountant i.e.  M/s Sunil Narula & Associates) through partner  Sh. Preet Shikan, S/o Sh. Harbir Singh R/o Bagh Colony, Jalalabad, Tehsil Jalalabad, Distt. Ferozepur , partner of M/s Guru Kirpa BKO, Sarih Wala, Tehsil Guru Har Sahai, Distt. Ferozepur, which is reproduced as under:- 1.    That I am partner of M/s Guru Kirpa BKO, Shareen Wala, Lakho Ke Behram, Ferozepur. 2.    That the entries made in the coal register are true and correct and may be taken as a documentary proof. 3.    That the brick was operated with FCBTK technology from upto 28.02.2019 and thereafter, the brick kiln has been operated in June, 2019, Feb 2021 and Jan 2022 in FCBTK technology and the required EC for the said three months has been deposited. 4.    That the brick kiln has adopted induced draught zig zag technology and obtained completion certificate from Punjab State Council and Technology, Chandigarh on dated 15.06.2022. 5.    That in case any irregularity/ discrepancy is found in this undertaking, the Punjab Pollution Control Board has right to withdraw/ cancel consents granted to the brick kiln 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 operated its unit without adoption of induced draft zig-zag technology during the month of June, 2019, Feb 2021 and Jan 2022, therefore, the kiln has deposited Rs. 75,000/- as EC vide R. No. 47/5446 dated 29/06/2022. ·         The brick kiln has submitted certificate of C.A showing value of gross fixed assets of the industry as Rs. 44.54 lacs as on 23.06.2022.<a name="_GoBack"></a> ·         The brick kiln has deposited Rs. 34,000/- vide UTR/Ref. no.   N181222017889645 dated 30.06.2022 as consent to operate fee under the Water Act, 1974, which is adequate for period upto 31.03.2028 in orange category. ·         The brick kiln has deposited Rs. 38,000/- vide UTR/Ref. no. N181222017537042 dated 30.06.2022 as consent to operate fee under the Air Act, 1981, amount of 300% of one year consent to operate fee has been charged as penalty under the Air Act, 1981. The remaining amount is adequate for a period up to 30.09.2029 under orange category. ·         The brick kiln has also deposited Rs. 2,900/- vide UTR/Ref. No.  N180222015812605 dated 29.06.2022 as NOC fee. ·         It is further submitted as per coal register, the BKO was operated in June, 2019, Jan 2021, Feb 2021 and Jan 2022. During visit in the month of Dec, 2021, the BKO was converted to ID technology. The representative of the industry informed that brick kiln has started conversion of new technology in June, 2021 and within a period of 2-3 months the BKO has been converted. However, the authorities has given completion certificate in June, 2022. The BKO has failed to submit any proof regarding start of conversion to id technology from June 2019. As such the BKO is required to deposit EC from June 2019(start of operation) to Dec 2021(converted to id technology) i.e. 31 month of Rs. 7.75 lacs in place of Rs.75,000 deposited.                    From the perusal of the documents submitted by the brick kiln, it was observed that the brick kiln has been operated with FCBTK technology in the month of June 2019, February 2021 & January 2022, however the brick kiln has deposited environmental compensation of Rs. 75,000/- only, which is not in accordance with the decisions of the meeting dated 28.01.2020 taken by the Chairman of the Board with Punjab Brick Kiln Association.                    In view of above, show cause notice before refusal of consents to operate under the provisions of the Water Act, 1974 & Air Act, 1981 has been issued to the brick kiln alongwith an opportunity of personal hearing before Chief Environmental Engineer (B) on 22.09.2022.                    During hearing, the Partner of the brick kiln agreed to deposit the requisite environmental compensation, within one week and requested to grant the consents to operate under the Water Act, 1974 & Air Act, 1981.                    After hearing the Partner of the brick kiln and officer of the Board, the Chief Environmental Engineer (B) of the Board has decided that: 1.    The brick kiln shall deposit the requisite environmental compensation, within one week and thereafter Regional Office, Faridkot shall submit afresh report / recommendations for disposal of pending consent applications under the Water Act, 1974 & the Air Act, 1981 of the brick kiln. 2.    During hearing, the Partner of the brick kiln has been made clear that in case of non-compliance of decision no. (1) above of the hearing within stipulated period, further action for closure of brick kiln shall be taken without giving any further notice / opportunity.                    The proceedings of the hearing dated 22.09.2022 were conveyed to the brick kiln for compliance vide letter no. 4742 dated 03.10.2022.                    The brick kiln has not deposited requisite environmental compensation and failed to comply with the decisions of the personal hearing dated 22.09.2022 of CEE(B).                    Since, the kiln is not complying with the provisions of the Water Act, 1974 and the Air Act, 1981. Accordingly, it was decided by the Competent Authority to refuse the consent to operate applied by the BKO under the Water Act, 1974 and the Air Act, 1981. Therefore, consents to operate under the Water Act, 1974 and the Air Act, 1981 were refused vide no.  CTOW/Fresh/FZR/2022/19193526 and CTOA/Varied/FZR/2022/19191111 dated 12.10.2022.                         Now, the brick kiln has again applied for obtaining fresh consent to operate under the Water Act, 1974 and varied consent to operate under the Air Act, 1981 on dated 05.02.2023, for its operation after adopting induced draft technology with zig-zag firing to manufacture bricks and tiles @ 30,000 nos./day.  The detail of case is as under:- ·         Sh. Aman Bajaj, Partner of the BKO has submitted reply of letter issued to the brick kiln vide no. 4234 dated 30.08.2022, in which, it has mentioned that they have deposited fee of amounting Rs. 29500/- vide cheque no. 6504155 dated 11.01.2019 to Punjab State Council for Science and Technology, Chandigarh for conversion of brick kiln to induced high draft technology, which has been deposited in suspense account by the department. No conversation has been made by the officers due to Corona in those days. Due to this, the Deptt. has send receipt of amount Rs. 29500/- on 26.02.2021 and at the last of month March, 2021 they have started to convert their brick kiln to induced draft technology. Further, they have submitted that due to Corona, their accounts have become P.N.A. and due to financial problems, they have failed to operate their kiln in year 2020. Therefore, they have operated their brick kiln for 4 months i.e. Feb 2019, June 2019, Jan 2021 and Feb 2021. Further, it is submitted that they were unable to purchase bricks for conversion their brick kiln to induced draft technology due to financial issues, therefore, the brick kiln was operated in the month of Jan 2021 and Feb 2021. The bricks were made in the month of Jan 2021 and Feb 2021, the brick kiln was converted to induced draft high technology. ·         The BKO has submitted copy of license cancelled by the DFSC, Ferozepur on dated 06.06.2022 (copy attached). ·         The brick kiln has deposited Rs. 25,000/- as EC fee vide R. No. 28/5447 dated 08/02/2023. ·         As on date, the BKO has deposited Rs. 1,00,000/- as EC fee to this office.                           To process the application, the kiln was visited by AEE (undersigned) on 15.02.2023 and it was observed as under:– 1.            The brick kiln was not in operation.  The kiln has stored kutcha bricks in the kiln in a zig-zag way. 2.            The brick kiln has upgraded its kiln into induced draft zig-zag technology. 3.            The brick kiln has now provided adequate safe arrangements 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.                           Submitted for deciding application for grant of consent to operate, please.

Inspection:

false

Inspection Note:

Officer:

PPCB139

Reject:

false

Reject Note:

Role:

RO AEE Aushpreet Singh