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Subject: Proceedings of the personal hearing given to M/s Shri Ganesh Brick Kiln Co., Village Giana, Tehsil Talwandi Sabo, Distt. Bathinda before refusal of consents to operate under the provisions of Water Act, 1974 & Air Act, 1981 by the Chief Environmental Engineer (B) on 20.03.2024.
The following were present:
From Board's side:
Er. Rakesh Kumar, SEE, ZO, Bathinda
From industry side:
Sh. Sat Pal, Partner
It was brought out that the brick kiln was granted consent to operate under the Air Act, 1981 with validity upto 30.09.2019, for operation of brick kiln for production of bricks & tiles @ 30,000 Number/day and thereafter failed to apply for obtaining 'consent to operate' under the said Act.
Govt. of Punjab, Department of Science, Technology & Environment (STE Branch) vide its notification no. 10/574/2022-STE1/443 dated 04.11.2022 has decided to regulate the usage of paddy straw pellets as fuel in the brick kiln industry of the State by issuing directions u/s 5 of the Environment (Protection) Act, 1986, the relevant extract which is that all the brick kilns in the State of Punjab shall replace at least 20% coal with paddy straw pellets w.e.f. 01.05.2023.
The brick kiln failed to submit any compliance w.r.t. the notification dated 04.11.2022 and subsequently, notice u/s 31-A of the Air Act, 1981 was issued to the brick kiln vide Board's letter no. 2209 dated 11.08.2023, with the following proposed directions:-
a) The brick kiln shall close down its operation with immediate effect.
b) The DFSC shall suspend the license of the brick kiln.
c) The Punjab State Power Corporation Ltd shall disconnect the supply and electricity available to the brick kiln.
The brick kiln was afforded an opportunity to file objections w.r.t. the above proposed directions, in writing within a period of 15 days from the date of issuance of the notice, however the brick kiln failed to submit any reply in the matter.
The Board vide office memorandum no. SEE(HQ-2)/F.No. 129/2022/397 dated 22.11.2022 has clarified that agro waste/biomass residue in loose form is not compatible to the zig-zag based induced draft technology. Hence, there use, in loose form, is not allowed till a proper study is conducted or some mechanism is developed by the technical providers for utilizing the same in loose form for zig-zag based induced draft brick kilns.
The brick kiln was visited by officer of the Board on 28.10.2023 and it was observed that:-
1. The brick kiln was not in operation.
2. The brick kiln has stored loose biomass/agriculture waste in its premises.
3. The brick kiln has not stored any paddy straw based pallets to be used as fuel in compliance to the notification dated 04.11.2022.
4. The brick kiln has not obtain 'consents to operate' under the Water Act, 1974 & Air Act, 1981.
The brick kiln is violating the provisions of the Air Act, 1981 and with the notification dated 04.11.2022 passed by the Govt. of Punjab, Deptt. of Science, Technology & Environment.
Notice to issue directions u/s 31-A of Air Act, 1981 was issued to the brick kiln alongwith an opportunity of personal hearing on 15.11.2023. During hearing, the matter was deliberated that the brick kiln was having valid CTO under the Air Act, 1981 upto 30.09.2019 and thereafter the brick kiln failed to obtain the consents to operate under the provisions of Water Act, 1974 & Air Act, 1981. Moreover, the brick kiln has stored loose bio-mass / agricultural waste in its premises and has not stored / executed any agreement for utilization of paddy straw based pallets in compliance to the notification dated 04.11.2022.
After considering the material facts on record and after hearing the partner of the brick kiln as well as officer of the Board, the Chief Environmental Engineer (B) decided that proposed directions u/s 31-A of the Air Act, 1981 for closure of the brick kiln be confirmed and District Food & Civil Supplies Officer, Department of Food, Civil Supplies & Consumer Affairs, Bathinda be requested to cancel the license of the brick kiln.
In compliance to the decisions of the personal hearing dated 15.11.2023, directions u/s 31-A of the Air Act, 1981 was issued to the brick kiln for its closure vide Board's letter no. 736 dated 07.02.2024 and also DFSC, Bathinda was directed to cancel the license of the brick kiln vide Board's letter no. 738 dated 07.02.2024.
Now brick kiln has applied for obtaining CTOs under the Water Act, 1974 & Air Act, 1981.
The brick kiln was visited by the officer of the Board on 26.02.2024 and it was observed that the BKO was in operation during visit and small amount of the loose biomass/ agricultural waste& wood dust was found stored in the premises of the BKO alongside the pellets, wood dust and coal.
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 brick kiln alongwith an opportunity of personal hearing before the Chief Environmental Engineer (B) on 20.03.2024.
During hearing, the partner of brick kiln submitted that loose bio-mass / agricultural waste has been lifted & no loose agriculture waste is stored and brick kiln is using only crushed coal along with pallets as fuel.
After hearing the partner of the brick kiln and officer of the Board, the Chief Environmental Engineer (B) decided that consents to operate' under the provisions of the Water Act, 1974 & Air Act, 1981 granted to the brick kiln for six months i.e. upto 30.09.2024, subject to the following specific conditions:-
(i) The brick kiln will not use any agro waste / bio-mass residue as fuel in loose form in compliance to the Board's office memo dated 22.11.2022.
(ii) The brick kiln will ensure to replace atleast 20% coal with the paddy straw pallets in compliance to the notification dated 04.11.2022 issued by the Govt. of Punjab, Department of Science, Technology& Environment.
(iii) The brick kiln will make an agreement with the paddy straw based pallet manufacturing unit(s) regarding procurement of paddy straw pallets and will submit the said agreement to the Regional Office, Bathinda of the Board, within 10 days.
Submitted for confirmation of the decisions of the proceedings of hearing dated 20.03.2024, please.
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