Show ApplicationProcessingDetails

Id:

21471621

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2023-03-18 10:23:48.702

File Note:

Subject:                Proceeding of the personal hearing given on 10/3/2023 by the Chairman of the Board to M/s Harmony Colonisers Pvt Ltd., Project: Imperial Apartments, Vill. Kishanpura Zirakpur, Distt. SAS Nagar Distt. SAS Nagar w.r.t show cause notice for refusal of consent to operate applied under the Water Act, 1974     The following were present: <h3 style="text-indent: 0in; margin-left: 0in; line-height: 28.08px;">From the Board:</h3> 1.            Sh. G.S. Majithia, Member Secretary 2.            Sh. Sandeep Bahl, Chief Environmental Engineer (P) 3.            Sh. Kuldeep Singh, Environmental Engineer (ZP-I) From the industry: 1.            Sh. Puneet Garg, Director 2.            Sh. Rajinder Nath   The officers of the Board brought out that the <a name="_Hlk108499494"></a>project proponent had obtained environmental clearance under EIA Notification dated 14/09/2006 from State Level Environment Impact Assessment Authority, Punjab vide no. SEIAA/2018/1241 dated 7/9/2018 for establishment of group housing project namely “Imperial Apartments” for developing @ 520 flats and @ 17 shops in an area of 28672 sqm having total built-up area 64328 sqm located at Zirakpur, Tehsil Derabassi Distt. SAS Nagar by M/s Harmony Colonisers Pvt. Ltd. As per Environment Clearance granted by the competent authority, the promoter company had proposed to install STP of total capacity 425 KLD. Total 281 KLD waste water will be generated which will be treated in the STP of capacity 425 KLD to be installed in the project premises. The break up for disposal of treated waste water is as under: <table class="MsoNormalTable" style="width: 434.55pt; margin-left: -0.5pt; background: white;" border="0" width="579" cellspacing="0" cellpadding="0"> <tbody> <tr> <td style="width: 26.95pt; border: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="36"> S. N. </td> <td style="width: 83.2pt; border-top: 1pt solid black; border-right: 1pt solid black; border-bottom: 1pt solid black; border-image: initial; border-left: none; padding: 0in 5.4pt;" valign="top" width="111"> Season </td> <td style="width: 119.35pt; border-top: 1pt solid black; border-right: 1pt solid black; border-bottom: 1pt solid black; border-image: initial; border-left: none; padding: 0in 5.4pt;" valign="top" width="159"> Reuse for Flushing Purposes (KLD) </td> <td style="width: 112.5pt; border-top: 1pt solid black; border-right: 1pt solid black; border-bottom: 1pt solid black; border-image: initial; border-left: none; padding: 0in 5.4pt;" valign="top" width="150"> For Green Area 4332 sqm (KLD) </td> <td style="width: 92.55pt; border-top: 1pt solid black; border-right: 1pt solid black; border-bottom: 1pt solid black; border-image: initial; border-left: none; padding: 0in 5.4pt;" valign="top" width="123"> Into MC SEWER (KLD) </td> </tr> <tr> <td style="width: 26.95pt; border-right: 1pt solid black; border-bottom: 1pt solid black; border-left: 1pt solid black; border-image: initial; border-top: none; padding: 0in 5.4pt;" valign="top" width="36"> 1.   </td> <td style="width: 83.2pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="111"> Summer </td> <td style="width: 119.35pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="159"> 117 </td> <td style="width: 112.5pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="150"> 24 </td> <td style="width: 92.55pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="123"> 140 </td> </tr> <tr> <td style="width: 26.95pt; border-right: 1pt solid black; border-bottom: 1pt solid black; border-left: 1pt solid black; border-image: initial; border-top: none; padding: 0in 5.4pt;" valign="top" width="36"> 2. </td> <td style="width: 83.2pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="111"> Winter </td> <td style="width: 119.35pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="159"> 117 </td> <td style="width: 112.5pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="150"> 05 </td> <td style="width: 92.55pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="123"> 159 </td> </tr> <tr> <td style="width: 26.95pt; border-right: 1pt solid black; border-bottom: 1pt solid black; border-left: 1pt solid black; border-image: initial; border-top: none; padding: 0in 5.4pt;" valign="top" width="36"> 3.    3.    </td> <td style="width: 83.2pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="111"> Rainy </td> <td style="width: 119.35pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="159"> 117 </td> <td style="width: 112.5pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="150"> 02 </td> <td style="width: 92.55pt; border-top: none; border-left: none; border-bottom: 1pt solid black; border-right: 1pt solid black; padding: 0in 5.4pt;" valign="top" width="123"> 162 </td> </tr> </tbody> </table> Generally Hydraulic loading rate is taken as 5.5 liter/sqm/day (Summer), 1.8 liter/sqm/day (Winter) & 0.8 liter/ sqm/day (Rainy). The project proponent was granted consent to establish (NOC) vide no. CTE/ Fresh/ SAS/ 2022/  16809863 dated 4/1/2022, valid upto 15/11/2022 for the Group housing project namely “Imperial Apartments” for the development of 516 Flats and 17 Shops in an area of 28672 sqm having a total built-up area of 64328 sqm, for total wastewater generated @ 280 KLD, treated wastewater @ 116 KLD used for flushing @, 24 KLD for green area and @ 140 KLD discharged into the sewer alongwith the following main special conditions: 1)            The project proponent shall submit the revised Environment Clearance/ corrigendum regarding the change of the project within 15-days (as per EC total flat are 520 and as per site plan flat are 516) 2)            The project proponent shall not give possessions to the owners without prior permission of the Board. 3)           If MC authority shall not give a sewer connection, therefore, the project proponent will develop the project on its own risk & cost in regard to disposal arrangement. The project proponent has now applied for partially consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 for 160 flats and 17 Shops for total wastewater generated @ 88 KLD, treated wastewater @ 20 KLD used for flushing @, 8 KLD for green areas and @ 60 KLD discharged into sewer. The project proponent has not submitted a revised Environment Clearance/ corrigendum regarding the change of the project, PP has not made a scientific alternative mode of disposal to handle the wastewater quantity @ 60 KLD as terminal STP is under capacity and is not adequate to handle the additional effluent load of such projects. The PP has made the occupancy without the permission of the Board, PP has changed the STP technology from FAB to MBBR technology.  The SCN for refusal of CTO applied under the Water Act, 1974 along with an opportunity to submit a reply within 7 days was issued to the project proponent vide Board's letter no. 420-21 dated 19/1/2023. The project proponent has submitted the reply w.r.t SCN  same is not satisfactory as  PP has not made a scientific alternative mode of disposal to handle the wastewater quantity @ 60 KLD as terminal STP  is under capacity and is not adequate to handle the additional effluent load of such projects, the PP has not submitted a revised Environment Clearance/corrigendum regarding the change of the project, The PP has made the occupancy without the permission of the Board, PP has changed the STP technology from FAB  to MBBR technology and the PP has not installed a smog gun and hence not complying with the EC conditions. Therefore, the project proponent was served show cause notice for refusal of renewal of consent to operate applied under the Air (Prevention and Control of Pollution) Act, 1981 vide Board's letter no. 1408-09 dated 27/2/2023 along with an opportunity for a personal hearing before the Chairman of the Board on 10/3/2023 as not submitted reply of above said observations. The Member Secretary (SEIAA) vide its letter no. 4423-33 dated 25/6/2021 has informed that the matter was considered in the 12th Joint meeting of SEIAA/SEAC held on 9/6/2021, wherein it was decided that all concerned regulatory and other authorities (including Electricity and Water Supplies Department) be asked not to provide NOC’s, Completion Certificates or any statutory clearances/ services to Projects which have been established in violation of EIA Notification dated 14/9/2006. In Vide letter under reference, it has been communicated that NOC’s, completion certificate of any statutory clearances/ services to Building Construction/ Area Development and Townships projects which have been established in violation of the EIA Notification 14/9/2006 shall not be issued and they shall be directed to obtain Environmental Clearance from SEIAA, Punjab. The project proponent does not comply with the conditions imposed in the environmental clearance and in compliance to order of Hon'ble NGT in OA no. 34/2020, an Office Memorandum F. no. 22-21/2020-IA.III dated 7/7/2021 was issued by MoEF&CC, GoI, New Delhi in which SoP for identification and handling of violation cases under under the EIA notification dated 14/9/2006 had been defined. The project proponent did not comply with the provisions of the Air (Prevention & Control of Pollution) Act, 1981 as well as conditions mentioned in the consent to establish (NOC) earlier granted to it under the Water (Prevention & Control of Pollution) Act, 1974 the Air (Prevention & Control of Pollution) Act, 1981 and conditions mentioned in the environmental clearance earlier granted to it, will fully causing air pollution in the vicinity, thus, violating the provisions of the Air (Prevention & Control of Pollution) Act, 1981 intentionally and deliberately. It was proposed to refuse the consent to operate applied by the project proponent under the Air (Prevention & Control of Pollution) Act, 1981 after affording an opportunity of show cause. Thereafter, the industry was earlier served show cause notice served for refusal of renewal of consent to operate applied under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 vide Board's letter no. 139-140 dated 5/1/2023 alongwith an opportunity to submit reply within 7-days.  The reply submitted by the project proponent was not satisfactory as the project proponent has not obtained revised Environment Clearance as well as has not submitted any reply w.r.t. same. Further, the project proponent has not installed smog gun and hence not complying with the environmental clearance conditions. The matter has now been considered by the Competent Authority and decided to afford another opportunity of personal hearing before taking further action in the matter. Therefore, the project proponent was served show cause notice for refusal of consent to operate applied under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 along with an opportunity of personal hearing before the Chairman of the Board on 10/3/2023. The representatives of the project proponent submitted during the hearing that they have occupied 35 flats and they have installed proposed STP during at the time of NOC and the entire treated wastewater generated from the project is being used in the green area as well as construction activities and no effluent will be discharged into sewer or anywhere.   The project proponent has applied consent to operate under the Water Act, 1974 for 160 Flats and they have not made adequate arrangements for disposal of treated wastewater onto land for plantation as per Karnal Technology to cater the demand as per the nature of the soil till the upgradation and enhancement capacity of the STP by MC, Zirakpur.  As per the project has already been executed and plots/ flats/ villas have been sold, habitation start, and effluents generation begin, in absence of non-availability of disposal arrangements, the project proponent resort to illegal practices like disposal of effluent into bore holes, disposal through tankers along roadsides or drains or in open plots or for stagnation. These practices are not legally tenable. After hearing the officers of the Board and the representatives of the project, the Chairman of the Board decided as under: 1)            The consent to operate applied by the project proponent under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 be refused. 2)            The project proponent shall stop immediately further construction activities and also shall not give any new occupancy/ possession to the individual owners in the premises of this project more than 35 Flats. 3)            The project proponent shall not discharge any treated/ untreated wastewater into sewer/ drain/ choe under any circumstances. 4)            The project proponent shall immediately make an adequate scientific disposal to handle the wastewater is being generated from the project from the current occupancy of 35 flats. 5)            The project proponent shall apply a fresh consent to operate under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 for alongwith adequate scientific mode of disposal to handle the wastewater generated from the 35 Flats after attending the shortcomings/ observations within 7-days. 5)            The Environmental Engineer, Regional Office, SAS Nagar shall visit the site of the project to verify its statements, process the application of the project proponent for consent to operate under the Water Act, 1974 and the Air Act, 1981 on merits and send flash report report/ recommendations well before the date of haring to be held before the Chairman of the Board. 6)            Notice u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 be issued to the project proponent alongwith the personal hearing before the Chairman of the Board. If approved, proceedings of the personal hearing as above may be conveyed to the project proponent and Environmental Engineer, PPCB, RO, SAS Nagar for compliance and sending the report, respectively. (Note-Please Press the Refusal Button)

Inspection:

false

Inspection Note:

Officer:

PPCB054

Reject:

false

Reject Note:

Role:

ZO EE Kuldeep Singh