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RO has reported that earlier, the subject cited Brick Kiln had obtained consent to operate under Air (Prevention & Control of Pollution) Act, 1981, issued vide No. GUR/APC/2002-2017/F-88 dated 13/03/2002, which is valid upto 31/03/2017. Now, the Brick Kiln has applied for obtaining consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 thorough OCCMS mode. It is intimated that the Brick Kiln was earlier visited by Officer of the Regional Office, Batala on 12/05/2020 and observed that the brick kiln was in operation without converting to Induced Draft Technology. The report in this regard was sent to the competent authority of the Board for taking action under section 31-A of the Air (Prevention & Control of Pollution) Act, 1981. The competent authority issued directions under section 31-A of the Air (Prevention & Control of Pollution) Act, 1981 vide no. 1677-79 dated 24/06/2020 for the cancellation of the license of the Food & Civil Supplies Department to DFSC, Pathankot. The DFSC, Pathankot has cancelled the license of the Brick Kiln vide its order 1685 dated 24/06/2020. Further, the Brick Kiln was imposed EC due to above said violations, but till date the Brick Kiln has not submitted any amount in this regard. Thereafter, the Brick Kiln was again visited by the undersigned on 12/04/2022 and it was observed that the said Brick Kiln has not been converted into zig-zag technology and was in operation. The setting of the bricks were in conventional manner. It is intimated that the Brick Kiln was earlier visited by Officer of the Regional Office, Batala on 12/05/2020 and observed that the brick kiln was in operation without converting to Induced Draft Technology. The report in this regard was sent to the competent authority of the Board for taking action under section 31-A of the Air (Prevention & Control of Pollution) Act, 1981. The competent authority issued directions under section 31-A of the Air (Prevention & Control of Pollution) Act, 1981 vide no. 1677-79 dated 24/06/2020 for the cancellation of the license of the Food & Civil Supplies Department to DFSC, Pathankot. The DFSC, Pathankot has cancelled the license of the Brick Kiln vide its order 1685 dated 24/06/2020. Further, the Brick Kiln was imposed EC due to above said violations, but till date the Brick Kiln has not submitted any amount in this regard. Now, the Brick Kiln was again visited by the undersigned on 12/04/2022 and it was observed that the said Brick Kiln was in operation and the setting of the bricks were in conventional manner without zig-zag technology. Accordingly, notice u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 was issued to the Brick Kiln and hearing was given before the Chairman of the Board on 21/06/2022, wherein it was decided as under:- 1. The Brick Kiln shall install induced draft technology with zig-zag setting of Bricks as per design drawing of PSCST, Chandigarh/CBRI Roorkee immediately and till such time he shall not operate the Brick Kiln. 2. The Brick Kiln shall apply for Consent to Operate under Water (Prevention & Control of Pollution) Act 1974 and Air (Prevention & Control of Pollution) Act, 1981 within 07-days positively. 3. DFSC, Pathankot shall verify the operational period of the Brick Kiln after verifying the coal register, sale record etc. and submit a report to the Board with regard to the operation period of Brick Kiln within 15-days. 4. If the Brick kiln does not stop its operation and violate the provisions of Laws then action under The Essential Commodities Act be taken by DFSC, Pathankot. 5. EE, RO shall recalculate the Environmental Compensation as per the available verifiable data of the operation of the Brick Kiln and get it approved from the Competent Authority of the Board. 6. EE, RO to verify the compliance of the decisions of the hearing as above and submit its report within 15-days. Accordingly, as per the calculation of the EC for the operation of Brick Kiln without converting to zig-zag technology, was imposed EC due to above said violations @ Rs. 7,80,000/- due to the above said violations. The subject cited industry has applied for obtaining fresh consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 through OCMMS mode. The industry has deposited Rs. 43,400/- vide UTR No. 001221845968 dated 18/01/2024 & Rs. 43,400/- vide UTR No. 001209081762 dated 18/01/2024 as consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 including NOC regularization fee and Form Downloading fee, which is adequate upto 30/09/2028 against total gross value of fixed assets worth Rs. 29,77,500/- as on 31/10/2023. It is further intimated that the Brick Kiln has deposited Environmental Compensation amount to Rs. 7,80,000/- to the Board. The industry has submitted completion certificate issued by Central Building Research Institute, Roorkee vide dated 09/08/2021, intimating that the industry has constructed High Draft Brick Kiln with zig-zag technology, rectangular in shape as per CSIR-CBRI design. Design details given by our license M/s Team Energy Systems, Panchkula via drawing no. 19/1063. The Brick Kiln has also submitted the copy of dimensional drawing/plan of Kiln showing the length of Central Island of brick kiln is less than 245 ft. The industry was visited by officer of the Board on 31/01/2024 and observed as under:- 1. The industry has modified its existing brick kiln into induced Draft Brick Kiln with Zigzag Firing. 2. The industry was not in operation during the visit. 3. The industry has planted trees along the boundary of Brick Kiln. 4. The Brick kiln has stabilized the movement area around the brick kiln with the brick bats. RO has recommended that :- 1. Consent to operate under Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control of Pollution) Act, 1974 may be granted to the industry upto 30/09/2028 with suitable conditions. 2. The directions u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 may be issued to the DFSC, Pathankot for the restoration of license of the Brick Kiln. 3. Directions be issued to the DFSC, Gurdaspur to issue the license.
ZO has made observation that RO was asked to submit compliance of Code of Practice and Consent conditions under Air Act in annotated form along with recommendations. 2. Before sending the case RO shall approve the consents as the competency lies with RO.
Now RO has submitted that in order to verify the code of practice framed for the Brick Kiln, the brick kiln was visited by undersigned on 31/01/2024 and observed that:- 1. The brick kiln has converted into Induced Draft Technology with Zig-Zag settings as per design provided by CBRI, Roorkee. 2. The brick kiln is equipped with adequate height of chimney and adequate sampling arrangement. 3. The passage around the vessel is stabilized with Brick Bats and Keri. 4. The brick kiln has provided adequate plantation, but also guided to plant more trees around the boundary to make it three rows. 5. The brick kiln has provided ID fan for induced draft. 6. The brick kiln has stabilized the approached road. 7. The brick kiln has provided porthole and sampling platform for collection of Air emission samples. 8. The brick kiln has provided pulverizer for crushing of coal. Further, the Brick Kiln is complying with the previous consent conditions granted to it. However, some of the condition will be verified when the Brick kiln comes in operation.
RO has recommended that:-
1. Consent to operate under Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control of Pollution) Act, 1974 may be granted to the industry upto 30/09/2028 with suitable conditions.
2. The directions u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 may be issued to the DFSC, Pathankot for the restoration of license of the Brick Kiln. 3. Directions be issued to the DFSC, Gurdaspur to issue the license.
In view of the above, it is recommended that:- 1. RO be allowed to grant Consent to operate under Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control of Pollution) Act, 1974 to the industry upto 30/09/2028 with suitable conditions.
2. The directions u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 may be issued to the DFSC, Pathankot for the restoration of license of the Brick Kiln.
Competency (Consents- RO)
(Directions- Hon'ble Chairman Sir)
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