| File Note: |
Subject: Proceedings of the personal hearing given to M/s Green City Part 1 & 2 (Dhaliwals), Green Palace Road, Bathinda before refusal of 'Consents to Operate' under the provisions of Water Act, 1974 & Air Act, 1981 by the Chief Environmental Engineer (B) on 23.01.2024.
The following were present:
From Board's side:
Er. Rakesh Nayyar, SEE, ZO, Bathinda
From project side:
Sh. Aseem Garg, G.M.
Sh. Dinesh Bassi, Liasoning Officer
It was brought out that the project is a residential colony and was granted 'consent to establish' for its development in land area of 35.5 acres with 266 no. residential plots and 52 no. commercial shops on 31.10.2012 (valid upto 30.10.2013) for discharge of domestic effluent @ 140 KLD onto land for irrigation / plantation after treatment in STP, subject to one of specific condition that the promoter will provide septic tank of adequate capacity to take care of the population upto 300 persons due to lesser capacity in the beginning and the STP of full capacity shall also be provided simultaneously alongwith the septic tank.
The project proponent applied for obtaining 'consent to operate' under the Water Act, 1974 & Air Act, 1981 alongwith NOC expansion for development of residential colony in an area of 36.47 acres for development of 309 residential plots and 52 commercial shops.
The project proponent was granted 'consent to operate' under the Water Act, 1974 & Air Act, 1981 on 28.07.2016 with validity upto 30.09.2019 for occupancy of 100 residential houses and for discharge of domestic effluent @ 65 KLD (without treatment) into municipal council sewer of 52 MLD capacity.
Simultaneously, NOC expansion was also granted for development of residential colony in an area measuring 36.47 acres consisting of 309 residential plots and 52 commercial plots and for discharge of domestic effluent (without treatment) into municipal council sewer of 52 MLD capacity on 28.07.2016 itself (with validity upto 27.07.2017).
The project proponent failed to apply for obtaining 'consents to operate' under the Water Act, 1974 & Air Act, 1981 and also failed to apply for extension in the validity of 'consent to establish' granted to it.
The colony was visited by the officer of the Board on 23.07.2021 and observed that 130 houses have been occupied. Untreated domestic effluent is discharged into MC sewer and the municipal solid waste of the colony is lifted by the MC, Bathinda, however in house arrangement provided for management of bio-degradable solid waste.
The project proponent was afforded an opportunity of personal hearing before the Chief Environmental Engineer (B) of the Board on 03.03.2022, wherein it was decided that the project proponent shall remove the incompletions pointed out by the Board as well as submit the application for 'consent to operate' for the present occupancy, within 15 days and the Regional office shall process the 'consent applications' on merit.
Now the project proponent has applied for obtaining 'consents to operate' under the Water Act, 1974 & Air Act, 1981 for occupancy of 250 no. of houses and for discharge of domestic effluent @ 130 KLD, into MC sewer without any treatment.
The colony was visited on 29.07.2023 and it was observed that 250 no. of houses have been constructed inside the residential colony out of which 240 are occupied. 52 shops constructed out which 5 are occupied. The discharge of the entire effluent (without any treatment) is into MC sewer and no in-house management of bio-degradable solid waste has been provided in compliance to the Solid Waste Management Rules, 2016.
The project proponent has failed to install STP for treatment of the domestic effluent generated from its premises and has also failed to manage the bio-degradable solid waste (being a bulk waste generator) in compliance to the Solid Waste Management Rules, 2016.
The project proponent was issued show cause notice before refusal of 'consents to operate' under the provisions of Water Act, 1974 & Air Act, 1981 alongwith an opportunity of personal hearing before the Chief Environmental Engineer (B) on 01.09.2023, wherein it was decided that: -
1. The project proponent shall submit the permission obtained from the MC, Bathinda regarding discharge of untreated wastewater directly into MC sewer alongwith actual quantity permitted viz-a-viz the adequacy of the terminal STP to treat the untreated wastewater of the colony, within 10 days.
2. The project proponent shall ensure to manage the wet solid waste through in-house management in compliance to the Solid Waste Management Rules, 2016.
3. Environmental Engineer, Regional Office, Bathinda shall visit the site of the terminal STP of MC, Bathinda, verify its operational status & existing operational capacity, comment upon the existence of bye-pass provided by the MC (if any) and submit the entire report in the matter alongwith the application applied by the project proponent to obtain 'consents to operate' under the Water Act, 1974 & Air Act, 1981 so as to conclude the matter.
4. The project proponent has failed to submit fresh permission from the MC regarding disposal of untreated effluent into MC sewer and has also failed to provide in house management to the bio-degradable solid waste, in compliance to the decisions of personal hearing dated 01.09.2023.
In view of above, show cause notice before refusal of 'consents to operate' under the provisions of Water Act, 1974 & Air Act, 1981 has been issued to the project proponent alongwith an opportunity of personal hearing on 23.01.2024.
During hearing, the representatives of the project submitted that the consents to operate were already granted by the Board on 28.07.2016 for discharge of untreated domestic effluent into MC sewer and requested to grant the consents to operate under the Water Act, 1974 & Air Act, 1981.
After hearing the representative of the project and officer of the Board, the Chief Environmental Engineer (B) decided that legal opinion of the Senior Law Officer of the Board be obtained to conclude the matter.
Submitted for confirmation of the decisions of proceedings of hearing dated 23.01.2024, please. |
