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The kiln was granted consent to operate under the Air Act, 1981 vide no. R15BTICTOA2296077 dt. 12.02.2015, with validity upto 30.09.2019 for operation of brick kiln with natural draft technology to manufacture bricks & tiles @ 30,000 nos./day, subject to the conditions mentioned therein.
The industry was issued notice u/s 31- A of Air Act, 1981 with an opportunity of personal hearing before CEE (B) on 15.11.2023 wherein it was decided that proposed directions u/s 31- A of the Air Act, 1981 for closure of the brick kiln be confirmed and DFSC be requested to cancel the license of the BKO vide no. 734 dated 7.2.2024.
Directions u/s 31- A of Air Act, 1981 was issued against the BKO vide letter no. 736 dated 7.2.2024 and directions u/s 31- A of Air Act, 1981 were issued to the DFSC Bathinda to cancel the license issued to the brick kiln with immediate effect and not to restore the license to the brick kiln without consent of the Board under Air Act, 1981vide letter no. 738 dated 7.2.2024. Also R.O. Bathinda has issued letter to DFSC Bathinda for submitting compliance w.r.t. Boards letter no. 738 dated 7.2.2024 However no compliance has been received from the DFSC Bathinda in this regard.
The DFSC vide order no. 930 dated 15.2.2024 has cancelled the lisence no. 787 issued to the kiln(copy attached)
Now, the industry has applied for varied of consent to operate under the Air Act, 1981 and new CTO under Water Act, 1974 under orange category as per the prevailing policy after converting the brick kiln on zig-zag technology.
In July 2017, Central Pollution Control Board, New Delhi vide its letter no. 489 dated 28.06.2017 has issued following directions under section 18 (1b) of the Air Act, 1981 to Punjab Pollution Control Board for improving the quality of ambient air:-
i. All the brick kilns operating without permission and valid consent from SPCB’s not meeting/prescribed norms and siting guidelines be closed down with immediateeffect.
ii. Provide status on conversion of natural draft to induced draft brick kiln (with rectangular kiln shape and zigzag bricksetting).
iii. Enforce strictly the siting criteria guideline for brickkiln.
iv. All the moving area around the main brick kiln should be paved with the bricks to minimize the fugitive dust emissions from the brick kiln operations. This condition on should be incorporated in the consent condition, while granting the consent by the respective StateBoards.
v. Ensure that fine dust not to accumulate all around the brick kiln.
The Board vide its office order no. SEE (HQ-2)/2018/606 dated 18.12.2018, has partially amended the directions as follows:-
1. The brick kilns which have adopted induced / high draft zig-zag technology certified by Punjab State Council for Science & Technology (PSCST) or other technology provider approved by the Punjab Pollution Control Board are allowed to operate their brick kilns in the State of Punjab.(Category-I)
2. The brick kilns which have adopted induced / high draft zig-zag technology but have yet to obtain the completion / adequacy certificate from Punjab State Council for Science & Technology (PSCST) or other technology provider approved by the Punjab Pollution Control Board OR to whom the provisional certificate has been given by the technology provider for making corrective measures, are allowed to operate their brick kilns in the State of Punjab. (Category-II)
3. The consent to operate to above brick kiln owners / brick kiln shall be granted with following special condition:-
a) Regular consent shall be granted to Category-I brick kilns and consent for shorter period of one year with condition to submit the final completion / adequacy certificate within three months shall be granted to Category-II brick kilns as mentionedabove.
b) The consent is subject to the orders passed by the Hon’ble High Court for the States of Punjab & Haryana / Hon’ble National Green Tribunal or other Judicial Authority in the cases pending or being filed with regard to the subject matter of the officeorder.
c) The consent is subject to the performance evaluation of new technology adopted by the brickkilns.
The State Govt., Department of Science, Technology & Environment vide no. 10/48/2019-STE (5)/1491442/1 dated 28.05.2019 issued directions to all the brick kilns established in the State, which are reproduced as under:-
• The brick kilns situated within non-attainment cities shall not be allowed to operate without adopting the induced draft technology with zig-zag setting in compliance with the directions dated 01.07.2016 issued by the CPCB.
• No new brick kiln shall be allowed to be established in the State of Punjab without having induced draft technology with zig-zag setting
• No conventional brick kiln with natural draft technology shall be allowed to operate beyond 30.09.2019.
• The brick kilns which are continuing to operate and are in the process of conversion to induced draft technology with zig-zag setting/yet to start the process of such conversion are required to pay environmental compensation on the basis of ‘polluter pays principle’ to the Board with effect from 01.02.2019 till the adoption of induced draft technology with zig-zag setting asunder:-
(i) Rs. 25,000/- per month for kiln of capacity equal to or more than 30000 bricks per day.
(ii) Rs. 20,000/- per month for kiln of capacity less than 30000 bricks per day.
A meeting was held by the Chairman of the Board on 28.01.2020 with the Punjab Brick Kiln Association regarding compliance of Govt. Orders dt. 28.05.2019. After deliberation on the issue, the proceedings has been circulated and following decision were taken:
I. The Regional Offices of the Board are required to impose/charge environmental compensation from the brick kiln owners from 01.02.2019 to 30.09.2019 for the period for which the brick kiln are actually operated (without converting to the induced draught technology).
II. In case brick kiln is not operated after 30.06.2019 due to rainy season but the same brick kiln restarted its operation later on but without converting to induced draught technology, then environmental compensation will be levied for full period till the adoption of new technology.
III. In case, any brick kiln is still operating without adopting the induced draught technology, immediate action for closure of kiln /cancellation of license by DFSC shall be taken
IV. Following document shall be obtained from the BKOs to ascertain the actual period of operation of the kiln:
i. The Coal Register duly signed by the BKOs and getting an undertaking to the effect that the entries made in the Coal Register are true & correct, may be taken as a documentary Register are true & correct, may be taken as a documentary evidence.
ii. For the Brick Kiln, which are using other authorized fuel than coal such as agro fuels/biomass, may be asked to submit a self-undertaking mentioning the period for which the BKOs had operated the Brick Kiln without conversion into Induced Draught Technology.
iii. The documents as mentioned in Para a & b above are to be authenticated by the Charted Accountant.
V. Since the Brick kilns are generating and discharging very nominal quantity of domestic effluent and are of small scale, as such, the request of the association for exemption of fee for consent under the Water (Prevention & Control of Pollution) Act, 1974 be accepted and may be made applicable w.e.f 1.11.2018 subject to the ex-post facto approval of the Board.
The Brick kiln has deposited fees under the provisions of Water Act, 1974 @ Rs. 19800 vide no. 304811818 dated 19.12.2023 and under Air Act, 1981 @ Rs. 19800 vide no. 991641297 dated 19.12.2023.
After deducting NOC fees and penalty fees, the fee is adequate upto31.3.2025.
The Brick kiln has submitted completion certificate dt. 1.03.2021 from CSIR-Central Building Research Institute, Roorkee to the effect that the kiln has constructed high draft brick kiln with Zigzag technology, rectangular in shape as per the CSIR-CBRI design. The design details given by license M/s Pollution Consultants & Engineers, Faridabad via drawing no. 20/1420 and completed construction as per norms.
The kiln has submitted has coal register duly attested by CA and undertaking from 01.02.2019 to 1.03.2021 regarding operation of brick kiln from 01.02.2019 to 29.04.2019 and the entries made in the coal register are true and correct which was also duly attested by CA. The PP has deposited Environmental Compensation of Rs. 75,000/- for its brick production capacity @ 30,000 Nos. per day for the period 01.02.2019 to 29.04.2019) in compliance to PSCST letter no. 10/48/2019-STE (5)/1491442/1 dt.28.05.2019 vide receipt no. dated 67 dated 2.2.2024
The brick kiln was visited by the AEE of this office on 26.02.2024 and it was observed as under:
1. 1.The BKO was in operation during visit.
2. During visit,small amount of the loose biomass/ agricultural waste& wood dust was found stored in the premises of the BKO alongside the pallets, wood dust and coal.
3. During visit the BKO was using pallets& crushed coal to fire the brick kiln. The rep of the BKO informed that the agri fuel earlier stored is now being lifted and no agri fuel is used for firing the kiln.
4. The kiln has converted its kiln to zig-zag technology as per design of CSIR- Central Building Research Institute, Roorkee. The CBRI, Roorkee has issued completion certificate dated 1.03.2021.
5. The length of the central island of the brick kiln is less than 245 feet.
6. The kiln has stabilized the periphery road / movement area with keri.
7. The kiln has provided plantation all along its boundary.
8. The industry does not generate any trade effluent. Domestic effluent from the toilet section is discharged onto land for plantation after septic tank.
As per the report of the CA& coal register the BKO has operated Brick Kiln from 1.2.2019 till 29.4.2019 with conventional design.
As such the BKO was violating the provisions of Air Act, 1974by storing the agri fuel.
Recommendations: -
Keeping in view of above, it is recommended that:
(1) SCN may be issued to the BKO for refusal of Consent to operate under the Air Act, 1981.
(2) Consent to operate under the Water Act, 1974 may be granted upto 31.3.2025.
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