| File Note: |
It is submitted that the Board has requested MD, PSIEC regarding allotment of plot in Focal Point, Chanalon for the installation of CETP for electroplating industries. PSIEC authority vide letter dated 18.09.2019 provided land to PPCB in Focal Point, Chanalon for setting of CETP on lease basis for period 20 years on annual lease rent @ Rs. 100/- in the overall environmental and public interest. The project was to be materialized on BOO basis i.e. entire project was founded by third party (M/s Bansal Envirotech Private Limited). The Competent Authority of the Board considered the request and tripartite agreement was entered between PPCB, MIA and M/s Bansal Envirotech Pvt. Ltd and same was registered on 22.01.2020.
The CETP, Chanalon was covered under category 7 (h) of EIA notification dated 14.09.2006 and accordingly, the project proponent M/s Bansal Envirotech Private Limited had obtained EC for the establishment of CETP of capacity 600 KLD vide no. DEC/SEIAA/2020/3286 dated 05.11.2020. Thereafter, the company has changed name from M/s Bansal Envirotech Private Limited to M/s Bantech Water Private Limited w.e.f. 19.08.2020 as intimated to the Board vide companies letter dated 22.12.2020.
The CETP Operator was granted NOC of the Board vide no. CTE/Fresh/SAS/2021/14434050 dated 28.01.2021, valid upto 27.01.2022 for the treatment of trade effluent @ 450 KLD generated from electroplating industries. The mode of disposal of the treated trade effluent was for the utilization by the industries located within PSIEC, Chanalon and green area inside the Focal Point, Chanalon developed by PSIEC.
The CETP Operator was granted consent to operate under Water Act, 1974 vide no. CTOW/Fresh/SAS/2022/18973440 and under the Air Act, 1981 vide no. CTOA/Fresh/SAS/2022/18972200 dated 01.07.2022, both valid upto 30.06.2023 for the treatment of trade effluent @ 300 KLD in first phase with the disposal of treated trade effluent for utilization by industries located within PSIEC Industrial Focal Point, Chanalon and green areas inside the Focal Point, Chanalon. The domestic effluent @ 2 KLD was to be discharged into STP located adjoining the CETP.
The CETP Operator was also granted authorization under HWM Rules, 2016 vide no. HWM/Fresh/SAS/2022/18595782 dated 02.07.2022, valid upto 30.06.2023 for the HW cat. 35.3, 37.3, 5.2 & 5.1.
The demarcation of area of operation of this CETP as well as M/s JBR Technology Private Limited was carried out vide Boards letter no. 20758-63 dated 30.09.2022. the areas for the CETP were fixed as SAS Nagar, Roopagar, Fatehgarh Sahib and Patiala.
The CETP was visited from time to time and was found in violation during the visits as all the components of the CETP were found filled with sludge. The CETP operator was given personal hearings before the Competent Authority of the Board from time to time and hearing was also given on 25.05.2023, wherein, it was decided as under:
1) On the basis of best assessment and judgement, an environmental compensation of Rs. 16,80,000/- is imposed to the CETP Operator. The CETP Operator shall immediately deposit the same within one week in the office of Environmental Engineer, Regional Office, SAS Nagar.
2) The CETP Operator shall submit a bank guarantee of Rs. 10.00 Lakhs immediately as an assurance for the compliance of the environmental laws, in future at all times.
3) The CETP Operator shall provide piezo meters within 15-days in the consultation with the Environmental Engineer, RO, SAS Nagar to monitor the groundwater quality of the area.
4) The CETP Operator shall comply with the decisions of hearing dated 12/1/2023 as well as short comings mentioned in the notice issued vide no. 3284-86 dated 12/5/2023
5) Sh. Gulshan Kumar, AEE, RO, SAS Nagar is hereby appointed as Nodal Officer for supervision of compliance made by the short comings mentioned in the previous notice as well as day to day activities of the CETP. Nodal Officer shall also assess the quantification of the different wastes lying in the adjoining plot as well as premises of the CETP immediately.
6) The CETP Operator shall immediately get lifted entire hazardous waste to Greenfield (Punjab) Pvt. Ltd., TSDF, Nimbua to be assessed by Nodal Officer and CETP Operator shall also fill the good earth to revive the nature of the adjoining plot.
7) The Environmental Engineer, Regional Office, SAS Nagar shall collect the samples from the piezo meters to be installed by the CETP Operator and same will be analyzed from PBTI, Mohali and send his report/ recommendations accordingly and verify the compliance of decisions of hearing dated 12/1/2023 as well as compliance with the short comings mentioned in the notice issued vide Board's no. 3284-86 dated 12/5/2023
8) SCN be issued to Sh. Birdevinder Singh, AEE, RO, SAS Nagar as he has not monitored the CETP as per decision given by the Chairman of the Board on 12/1/2023. Case of negligence may be forwarded to the Administrative Officer, Punjab Pollution Control Board, Patiala.
9) Senior Law Officer of the Board to go through tripartite agreement executed on 2/12/2019 between Punjab Pollution Control Board and Mohali Industrial Association and Bansal Environ Tech Pvt. Ltd. and give his comments on the land vis-à-vis agreement executed.
The CETP operator was found not complying with the above decisions of the hearing and the consent application applied under Water (Prevention & Control of Pollution) Act, 1974 was refused vide Board’s letter no. CTOW/Renewal/SAS/2023/22630300 dated 11.07.2023 and under Air (Prevention & Control of Pollution) Act, 1981 was refused vide Board’s letter no. CTOA/Renewal/SAS/2023/22632801 dated 11.07.2023.
Thereafter, as per the orders of the Competent Authority, a legal opinion has been obtained SLO of the Board on the recommendations of E.E, Regional Office, SAS Nagar and same is reproduced as under:
I have examined the case. The tripartite agreement executed between the parties (Bansal Enviro Tech Pvt. Ltd., Mohali Industries Association (MIA) and Punjab Pollution Control Board (PPCB) is only a formal agreement. As the parties to the agreement are not satisfied with the work of the CETP operator and the CETP operator is also seems to be not willing to operate the CETP further, the parties are at liberty to cancel the tripartite agreement. A clause is there in the agreement to the effect that the tripartite agreement can be amended, modified or altered with the consent of the parties who had executed the agreement.
Upon cancellation of the agreement, the MIA in consultation with the SPV may entrust the operation of the CETP to some other party of their choice.
The PPCB, in fact, cannot be a party to any agreement between the operator and/ or the SPV or MIA, as the PPCB is prescribed regulatory authority to implement the provisions of Water (Prevention & Control of Pollution) Act, 1974 and the provisions of other Environmental Laws in the State.
The PPCB has only entered into the case as the PSIEC being owner has transferred the land for the installation of CETP to PPCB on lease for 20 years.
The PSIEC may also cancel the lease agreement with the PPCB and give the land on lease to other party directly subject to suitable conditions.
As the cost of establishment of the CETP has been borne by the Bansal Enviro Tech Pvt. Ltd. without any monetary support from MIA, the operator Bansal Enviro Tech may dispose of the plant and machinery to other party as it may deem appropriate. A clause in this regard is also there in the tripartite agreement to the effect that in case of expiry of lease of the said land or lapse of the agreement, the operator may dispose of the plant and machinery in any manner as it deems fit. However, the operator has to disclose all its liabilities to the party to whom it will sale its plant and machinery with the consent of MIA / SPV.
Further, the SLO of the Board has given legal opinion in the matter, in which it has been mentioned that:
“Case discussed with Member Secretary, Chief Environmental Engineer, Senior Environmental Engineer, Environmental Engineer, Regional Office, Mohali of the area. The undersigned has separately given opinion on tri partite agreement executed between the Punjab Pollution Control Board, Mohali Industry Association and Bantech Water Pvt. Ltd. with regard to the installation and commissioning of CETP at Chanalon.
2. It is reported by the Environmental Engineer, Regional Office, SAS Nagar that the CETP, Chanalon is not functioning properly and about 11.30 Lac Liter of effluent is lying stored in the CETP. Earlier, the Ludhiana facility was given permission to treat the effluent of 4 districts of Mohali, Fatehgarh Sahib, Patiala and Ropar. The transportation charges for carrying the effluent to Ludhiana facility, however, were borne by M/s Bantech Water Pvt. Ltd. The said permission has expired on 10.8.2023.
3. After examination of all the details of the case, it is observed that before the commissioning of the CETP at Chanalon, the operator of CETP facility at Ludhiana was lifting the effluent of the area of Mohali, Fatehgarh Sahib, Patiala and Ropar for treatment at Ludhiana facility and even recently permission was given to the Ludhiana facility as explained in para no. 2 above.
4. The main objective of the Board is the treatment of the wastewater to the prescribed standards. In the given circumstances, following actions are proposed:
a) M/s Bantech Water Pvt. Ltd. be allowed to treat the effluent (about 11.30 lac liter) lying in the CETP at Chanalon by granting consent upto 30.9.2023 under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
b) At the same time permission (consent) may be given to the operator of the CETP facility at Ludhiana to treat the surface coating effluent of 4 districts of Mohali, Fatehgarh Sahib, Patiala and Ropar upto 30.9.2023 amounting to 10 KL/day as per proposal of Regional Office, Mohali.
c) The lifting and transportation of the effluent from the said 4 districts of Mohali, Fatehgarh Sahib, Patiala and Ropar upto the facility at Ludhiana will be carried out by M/s Bantech Water Pvt. Ltd
d) By that time, the effluent of about 11.30 Lac liter lying at CETP, Chanalon will be treated by M/s Bansal Envirotech Pvt. Ltd.
e) Suitable conditions may be imposed in the permission (consents) granted to the both the facilities and both the facilities at Chanalon and Ludhiana shall file weekly report with the Environmental Engineer, Regional Office, SAS Nagar.
f) The case will be reviewed in the first week of October, 2023 on the basis of report of the Environmental Engineer, Regional Office, SAS Nagar. Further action will be taken accordingly in the case.
g) M/s Bantech Water Pvt. Ltd. be directed to deposit the amount of Environmental Compensation and Bank Guarantee with the Board immediately failing which coercive action will be taken by the Board.
5. Comments are accordingly submitted for approval and appropriate orders of the Competent Authority.”
Thereafter, the consent to operate applied under Water (Prevention & Control of Pollution) Act, 1974 was refused vide Board’s letter no. CTOW/Renewal/SAS/2023/23144844 dated 02.09.2023 and consent to operate applied under Air (Prevention & Control of Pollution) Act, 1981 was refused vide Board’s letter no. CTOA/Renewal/SAS/2023/23144814 dated 02.09.2023 due to various observations mentioned therein.
Thereafter, several attempts were made to make the CETP operational, however, the CETP operator failed to resume its operation. Accordingly, the Board had issued directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 for disconnection of electric supply available with the CETP vide Board’ letter no. 6786-89 dated 02.09.2023. Further, the electricity supply available with the CETP has been disconnected by PSPCL authority vide TDCO no. 100023154473 dated 12.09.2023.
The Board had also issued following additional directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 to vacate the plot allocated by PSIEC, Chandigarh in Focal Point, Chanalon for installation of CETP for electroplating industries to M/s Bantech Water Private Limited vide Board’s letter no. 8521 dated 06.11.2023:
o That M/s Bantech Pvt. Ltd. is hereby directed to vacate the plot of land measuring 1.0 acre allocated by the PPCB on behalf of PSIEC, Chandigarh situated at Industrial Focal Point, Chanalon, Kurali, District SAS Nagar (Mohali), immediately.
o The CETP Operator M/s Bantech Pvt. Ltd. will met the effluent @ 1685000 Litres (approximately) treated and disposal off to the satisfaction of the PPCB on its own which at present is lying stored in tanks in the premises of the CETP.
Accordingly, the balance lease amount of Rs. 1600/- as returned to the old operator vide Cheque no. 002344 dated 09.11.2023.
Thereafter, the MIA informed that CETP Operator i.e. M/s Bansal Envirotech Pvt. Ltd. has sold the plant to Mr. Deepak Jindal of M/s Narmada Environments Pvt. Ltd. and accordingly, the legal opinion obtained from the SLO of the Board in the mater and the relevant part is as under:
”3. As the cost of the establishment of CETP was borne by M/s Bansal Enviro Tech Pvt. Ltd without any monetary support from MIA, the operator Bansal Enviro Tech was having the right to sold the plant. The Plant has mow been purchased by M/s Narmada Environmental Pvt. Ltd. The Purchaser has the right to operate the CETP but it has to make compliance of the provisions of relevant Pollution Control Laws.”
It is submitted that an email has been received from MIA Sr. Vice President Sh. Vivek Kapoor on 07.12.2023, wherein, the MIA has communicated with M/s Narmada Environmental Pvt Ltd. as under:
“We are in receipt of your email dated 4th December,2023 informing us of taking over of M/s Bantech Water Pvt Ltd. by your company M/s Narmada Environmental Pvt Ltd.
We are pleased to know that the company and plant of M/s Bantech Water Pvt Ltd. has been purchased by M/s Narmada Environmental Pvt Ltd. and the company will continue to operate under the name and style of Bantech Water Pvt Ltd.
1. We have an existing agreement with Bantech Water Pvt Ltd. and the same agreement will be applicable to your also.
2. Request you to get the previous agreement copy signed by the new Directors of the company and a copy be provided to MIA for records.
3. We would like to have timelines from you, by what time you will be able to re-start the plant as we have to inform the members about this.”
Further, a request has been received through email on 07.12.2023 from Sh. Prem Kumar Jindal, Director, M/s Narmada Environmental Pvt Ltd., wherein, it has been mentioned that:
“We have received an acceptance letter from MIA, Mohali for operation of CETP, Chanalon. It is hereby requested that:-
1. We need restoration of the Electric connection of the CETP for necessary repair, maintenance and lifting of already lying effluent & sludge at the plant. We ensure that no effluent/sludge will be disposed of in illegal manner and no fresh effluent will be lifted from member units without obtaining permission from the Board.
2. The addition of new Directors in the same company is under process, as soon as it is completed, we will apply for execution of a new Tripartite Agreement.”
Accordingly, the Board has issued directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 to Punjab State Power Corporation Limited vide Board’s letter no. 9534 dated 04.12.2023 in which, it has been mentioned that:
“That the authorities concerned shall restore the supply of electricity to subject cited facility for six months i.e. upto 13.06.2024, with immediate effect to carryout repair/ maintenance only of CETP by M/s Bantech Water Private Limited at Industrial Focal Point, Chanalon, Kurali, Tehsil Kharar, District SAS Nagar (now owned by M/s Narmada Environmental Pvt. Ltd.)”
Further, M/s Bantech Water Private Limited at Industrial Focal Point, Chanalon, Kurali, Tehsil Kharar, District SAS Nagar (now owned by M/s Narmada Environmental Pvt. Ltd.) was directed to ensure compliance of the following conditions vide endst. No. 9536 dated 14.12.2023:
1. The new CETP Operator shall carry out repair/ maintenance of the CETP so that its commercial operations can be resumed, thereafter.
2. The new CETP Operator shall get the legacy effluent of quantity 168500 Litres lying at CETP treated from M/s JBR Technologies Pvt. Ltd., Ludhiana and also sludge approx. 40-45 Tonne lying stored in CETP get transported to TSDF, Nimbua in an environmentally sound manner within 03 months. The company shall submit thee manifest for the treatment legacy effluent and transportation sludge to the Board.
3. The new CETP operator shall obtain consent to operate of the Board under the Water Act, 1974 with proper disposal arrangements, the Air Act, 1981 and authorization under HWM Rules, 2016 before lifting of effluent/ start-up of CETP. The CETP will be operated by the new operator with different directors. Thus, a fresh agreement is required to be executed by MIA/ METS with Bantech Water Pvt. Ltd., (New Operator M/s Narmada Environmental Pvt Ltd.).
4. As earlier M/s Bantech Water Pvt was directed to get the treatment of legacy effluent treated at its own cost. Therefore, he may also be directed to get the legacy waste treated in coordination with new operator.
5. The new CETP operator shall distribute the total available treatment capacity among the member units rationally.
6. The new CETP operator shall sign an agreement between the member units for the treatment of effluent in the CETP as well as Operation and Maintenance of CETP.
7. The new CETP operator shall upgrade the existing CETP, such that it complies with the prescribed inlet and outlet effluent standards as laid down by the MoEF&CC/CPCB/PPCB.
8. The new CETP operator shall make the OCEMS (Online Continues Effluent Monitoring System) installed at the outlet of the CETP operational and ensure that the data accessibility is provided to CPCB & PPCB.
9. The new CETP operator shall make an automated online mechanism to monitor the quantity and quantity of effluent through SCADA PLC and Auto Sampler Sensor and shall also installed Night Vision CCTV Cameras and link it with the Website of the PPCB.
10. The new CETP operator shall provide storage area of adequate capacity of the storage of Hazardous waste in environmentally sound manner inside the CETP premises.
11. The new CETP operator shall regularly send the Hazardous Waste to TSDF, Nimbua.
12. The new CETP Operator shall ensure that all the tankers for the collection of effluent shall be GPS fitted and shall be linked with the Software installed with the CETP operator and with the PPCB.
13. The new CETP operator shall establish a Laboratory facility on CETP site for the monitoring of basic parameters such as PH, BOD, COD, TSS, TDS etc.
14. The new CETP operator shall provide an alternative backup arrayment of adequate capacity to ensure to continuous uninterrupted operation of CETP.
15. The new CETP operator shall provide a proper arrangement for the disposal of RO permeate, such that the treated waste water is utilized adequately.
16. The new CETP operator shall also be liable aalongwith the previous owner of CETP to deposit the Environmental Compensation amounting to Rs. 16,80,000/- as well as Bank Guarantee amounting to Rs. 10.00 Lakh.
17. At present, the PPCB has given the land (of PSIEC) to the operator of the facility on lease. If there is any change in the agreement of PPCB with PSIEC with regard to land, the operator of the facility shall be bound to comply with the direction given by the Board in this regard.
18. The PPCB being the prescribed authority to implement the provisions of Water (Prevention and Control of Pollution) Act 1974 and the Air (Prevention and Control of Pollution) Act 1984 shall in no terms be party to the agreement between MIA and operator of the facility.
Present
Now, the CETP Operator has applied for obtaining fresh of consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 alongwith requisite documents.
The CETP Operator had deposited Rs. 21600/- vide R. No. 308525481 dated 01.07.2023 under the Water (Prevention & Control of Pollution) Act, 1974 and Rs. 21600/- vide R. No. 470210320 dated 01.07.2023 under the Air (Prevention & Control of Pollution) Act 1981. The fee deposited by the CETP Operator is adequate upto 31.07.2024 against the total cost of the CETP Rs. 6.0 crore.
The new plant operator has submitted that now he has carried out the cleaning and maintenance of CETP and few components of the CETP has also been cleared by sending the effluent to the M/s JBR Technologies Pvt. Ltd. Further, has got lifted 48.6 Tonnes of legacy sludge to TSDF, Nimbua as directed by the Competent Authority of the Board. The CETP has lifted approximately 1,36,000 ltrs of effluent to M/s JBR Technologies Pvt. Ltd, Ludhiana. The EC of amount Rs. 10,00,000/- has been deposited vide UTR No. N037242869111876 dated 06.02.2024 and Rs. 1,68,000/- vide R. No. 94/5501 dated 14.09.2023. He has requested that consent to operate for treatment of remaining legacy effluent and lifting of fresh effluent from the member industries may be issued.
The site of the CETP was visited by the Er. Parneet Singh, JEE (OS) on 09.02.2024. During the visit, it was observed as under:
1. The CETP was not in operation during the visit.
2. The CETP has partially emptied out few components of CETP and the effluent lying in them has been transferred to CETP, Ludhiana. The CETP has lifted approximately 1,36,000 ltrs of effluent to M/s JBR Technologies Pvt. Ltd, Ludhiana. The equalization tank, flash mixture, aeration tank has been completely cleared.
3. The EC of amount Rs. 10,00,000/- has been deposited vide UTR No. N037242869111876 dated 06.02.2024 and Rs. 1,68,000/- vide R. No. 94/5501 dated 14.09.2023. However, the CETP operator is still required to pay the balance EC of Rs. 5.12 lac and also needs to deposit Bank Guarantee of Rs. 10 lacs as per decisions of the personal hearing dated 25.05.2023.
4. The maintenance of MEE, RO and ultra-filtration system is almost complete.
5. The CETP doesn’t have any adequate land for disposal of treated wastewater after RO as per Karnal Technology. However, the CETP has submitted a proposal to dispose off the treated wastewater into the green belt along National Highway and has submitted agreement with M/s Ashoka Buildcon Limited (NHAI Contractor) for disposal of treated trade effluent for use of NH-05 plantation area.
Further, a meeting was held on 03.01.2024 under the Chairmanship of CEO, PBIP with the MIA, Industry Department, CEE (P), SEE (ZP-1) & EE (RO) PPCB for the smooth functioning of CETP, Chanalon, wherein, it was decided that a revised agreement will be made between SPV and new CETP Operator. Accordingly, Sh. Vivek Kapoor, Treasurer, MIA was contacted and he informed that draft agreement is ready and will be signed within 2-3 days.
It is also worth to mention here that that PSIEC has allotted plot to PPCB and PPCB had earlier executed lease agreement with earlier CETP operator. It is also to be decided that as to whether any new lease deed has to be executed with the new CETP operator.
The CETP operator has also obtained permission from Chandigarh Pollution Control Committee for lifting of effluent from electroplating/pickling falling in the area of Chandigarh on 30.04.2019.
Considering the above, background of the case and the efforts being made by the new operator of the CETP for clearing of the legacy waste. Further, the CETP at Ludhiana is not having adequate spare capacity, may if approved, it is recommended that:
A. Electric connection of the CETP may be restored for further six months.
B. The decision regarding deposition of Bank Guarantee amounting to Rs. 10 lacs from the new operator may be reviewed.
C. The application of the CETP for grant of consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for treatment of electroplating effluent may be considered for short term i.e., 30.06.2024 along with electroplating/pickling effluent of Chandigarh subject to suitable conditions and following additional conditions that:
1. The CETP Operator shall not lift any effluent from any industry until the effluent lying stored in the premises of CETP is fully treated and disposed off in scientific manner and without obtaining written permission from the Board.
2. The CETP Operator shall carryout fresh agreement with SPV before lifting effluent from the member industries.
3. The CETP shall also execute fresh lease deed with PPCB, if required.
4. The CETP Operator shall deposit the balance Environmental Compensation within 1 month.
5. The new CETP Operator shall inform SEIAA regarding change in management/ directors/ and shall get the Environmental Clearance transferred within 01 month and submit the same to the Board.
6. The CETP Operator shall provide GPS system alongwith live tracking in all the vehicles to be used for lifting of trade effluent as well as disposal of treated wastewater and shall maintain daily record of the trade effluent and treated wastewater discharged.
7. The CETP Operator shall not create any stagnation of treated / untreated wastewater in and around the premises.
8. The CETP Operator shall get sludge lifted lying stored at the premises.
Competency: Worthy Chairman of the Board
Date of Receipt: 08.02.2024
Date of Scrutiny: 14.02.2024
Date of Deemed Approval: 04.03.2024 |
