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Sub: Proceedings of the personal hearing given before Chief Environmental Engineer, Ludhiana w.r.t. show cause notice for refusal of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 on 30.04.2024 - M/s Shree Balaji Processors, Tajpur Road, Kakka Road, Opp. Central Jail, Ludhiana.
The following were present:
On behalf of Punjab Pollution Control Board
Er. Samita, EE, ZO-II, Ludhiana
On behalf of the industry
Sh. Vivek Kumar Jindal, Partner
Environmental Engineer, Zonal Office-2, Ludhiana brought out that the industry is a medium scale, red category dyeing unit located at Tajpur Road, Ludhiana. The industry was granted consent to operate under the Water Act, 1974 vide no. CTOW/Renewal/LDH3/2022/20267234 dated 13.12.2022, valid upto 12.03.2023 for discharge into CETP 50 MLD & under the Air Act, 1981 vide no. CTOA/Renewal/LDH3/2021/15815225 dated 04.10.2021 valid upto 31.03.2022. The electric connection of the industry restored upto 12.06.2023.
Thereafter, the industry had applied renewal of consent to operate Water Act, 1974 & Air Act, 1981. The consent application under Water Act, 1974 was returned to it due to incompletion and consent to operate under Air Act, 1981 was refused by the Competent Authority of the Board vide no. CTOA/Renewal/LDH3/2023/20610712 dated 23.01.2023 due to emission of black smoke.
A complaint along with video clip regarding receipt of coloured effluent at the inlet of STP 225 MLD Jamalpur was received from its operating agency. To check out the reasons of the same, the area of Tajpur Road was visited jointly by the officers of the Board along with officers of Municipal Corporation, Ludhiana on 15.04.2023 and it was observed that:
1. The nearby houdies of MC sewer line, in which earlier colour effluent was seen in video clip was checked by the team. The PDA houdies was also checked in this area to find out any leakage or any overflow. However, during visit no overflow/ bye pass from PDA line to MC sewer was found during visit.
2. During joint inspection one houdie of MC sewer line, which was earlier was totally covered with sand from top located inside a street in front of M/s Shree Balaji Processors, Tajpur Road, Ludhiana, near boiler section was traced and checked with the help of JCB.
3. One private houdie was seen outside the boiler section of above said unit during visit. In which three underground outlet of pipes, which were coming from above said unit were seen and there was also one another outlet of boiler blow down of above said unit in this houdie.
4. During visit, effluent was coming from only two outlets in the houdie of said unit, which was found connected with the houdie of Municipal Corporation sewer just opposite to it through underground pipe, instead of going to CETP 50 MLD conveyance. This houdie was found connected intentionally with the Municipal Corporation houdie by the said unit.
5. The light grey colour effluent was coming from above outlet, which was seems as domestic effluent. The industry representative (Sh. Raman Changotra) was also called at site, he submitted it is coming from their toilet section. However, these outlet may be used by the industry to discharge its trade effluent into MC sewer during odd hours through any flexible pipe arrangement.
6. As effluent was coming continuously from the said outlet, so to further investigate the characteristics of the effluent, the sample of same were collected by the team and sent to the Head Office Lab for analysis and the results of the same are awaited. The said houdie and pipeline connected with MC sewer was closed during visit by team permanently to avoid any bye pass of effluent in future.
7. Further the unit owner Sh. Bobby Jindal is also the General Secretary of Punjab Dyers Association, Tajpur Road, Ludhiana and he is well aware about the common and single outlet to be provided by the industry into the conveyance system of CETP 50 MLD. Hence, the unit is intentionally and deliberately violating the provisions of Water Act, 1974.
The Competent Authority of the Board had constituted a team of officers from technical and scientific wings of the Board to get the performance study of the ETP. The industry was visited by the team on 10.09.2020 and violations were found. Also, samples were beyond prescribed limits.
The industry again visited by officers of the Board on 18.03.2021 and violations were again found. Accordingly, notice u/s 33-A of Water Act, 1974 as amended in 1988 and imposition of Environmental Compensation was issued to the industry with opportunity of personal hearing beforeHon'ble Chairman of the Board on 14.03.2022. The following decisions were taken in the personal hearing:
1. The Consent application applied by the industry be returned as the industry had applied for discharge of its treated waste water into sewer, however, the industry is now discharging its waste water into dedicated conveyance system leading to CETP 50 MLD.
2. The matter regarding imposition of Environmental Compensation (EC) to the industry from 10.09.2020 to 01.11.2021 be referred to EC committee of the Board for sending the report regarding imposition of EC to the industry.
The industry again applied for consent to operate under Water Act, 1974 & the Air Act, 1981 through OCMMS for Printing of cloth @ 1500 Kg/day, dyeing of cloth @ 29400 Kg/day & finishing of cloth @ 14400 Kg/day with discharge of trade effluent @ 820 KLD & domestic effluent @ 9.0 KLD into conveyance system of CETP 50 MLD.
As per detail given by the industry, it has installed 13 soft flow machines (2 of 600 Kg each, 4 of 450 Kg, 7 of 300 kg) having 34 chambers and one sample machine. The industry has also installed 03 winch machines & 02 printing section. However, out of the above, the industry has dismantled 02 winch machines & one printing section which is not in use as observed during last visit on 03.11.2022.
The study on effluent generation has been done by the Guru Nanak Dev Engineering College (GNE) and as per report it has total effluent generation as 750.4 KLD from its total 26 chamber of soft flow, 03 winch machine of capacity 200 Kg and 02 printing section. During last visit dated 03.11.2022, the industry owner Sh. Bobby Jindal had informed that the industry has dismantled its 02 winch machine and 01 printing section and in place of it, it has installed 8 chambers of soft flow machines. However, in the present list of machinery given by it, it has mentioned 02 printing machine and 100 KLD effluent in total quantity of effluent generation.
The industry has also submitted the detail of machinery, nos. of lots/ bath/ liquor ratio etc. and according to it the total effluent generation from the unit will be 825 KLD. The industry has allotted the share of CETP 50 MLD of quantity 2329 KLD by the SPV vide its letter dated 22.07.2022. Thereafter, the industry has sold the total share of 1400 KLD from its shares to other units of Tajpur Road, Ludhiana after 22.07.2022. However, these transfers of the shares after 22.07.2022 yet has not considered by the Competent Authority.
Further, some units have made the complaint regarding in judicial allotment of the shares by the PDA, Tajpur Road, Ludhiana, which is under process at Board and at Government Level.
Accordingly, show cause notice for refusal of consent to operate under the Water Act, 1974 and Air Act, 1981 was issued to the industry with an opportunity of personal hearing before Hon’ble Chairman of the Board on 13.07.2023 postponed to 21.07.2023, wherein it was decided as under:
1. The industry shall submit the following data to the Regional Office-3 of Punjab Pollution Control Board, Ludhiana, within 15 days:
a) The industry shall submit data regarding abstraction of ground water / fresh water supply for the last three months. It shall provide EMFs on all sources of fresh water if not provided earlier.
b) The industry shall earmark on map the location of all active / closed submersible pumps / fresh water sources.
c) Details of dyeing machinery / other water consuming machinery along with specifications including production capacities specifying liquor ratio, number of lots, water consumption per lot, thus calculating the total fresh consumption (with duly authentication by the supplier of the machines).
d) Numbers of shares held by the industry (duly certified by the SPV) and it shall submit NOC from PDA / SPV regarding proposed discharge into common sewer of CETP.
e) The industry shall get its shares demat and submit the documentary evidence in this regard.
f) Record of discharge during the last three months as per SCADA.
2. The Environmental Compensation for the period from 10.09.2020 to 01.11.2021 be imposed at the earliest.
3. Environmental Engineer, Regional Office-3, Ludhiana to authenticate the data certified by the industry and submit a conclusive report with regard to production to be allowed to the industry as well as corresponding effluent discharge, after one week of the submission of the above data by the industry.
4. In case of failure of the industry to submit the data as above, the recommendations be sent by the Environmental Engineer, Regional Office-3, Ludhiana to decide the case accordingly on merits.
The industry has not submitted any reply / document as sought in the hearing.
The industry is violating the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and is not complying with the decisions of the personal hearing afforded to it before Chairman of the Board on 21.07.2023.
The matter was considered by the Competent Authority and it was decided to refuse the consent to operate applied by the industry and notice u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 be issued to the industry for its closure alongwith an opportunity of personal hearing.
Accordingly, consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 was refused vide no. CTOW/Renewal/LDH3/2023/21715200 dated 01.09.2023.
Notice u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 as amended in 1988 was issued to the industry with an opportunity of personal hearing before Worthy Chairman of the Board on 16.10.2023. However, no one from the industry attended the hearing. The matter was considered by the Competent Authority of the Board and it was decided to give another opportunity of personal hearing to the industry on 23.10.2023 and the same was postponed to 30.10.2023. Sh. Vivek Kumar Jindal (Bobby Jindal), partner of the industry attended the hearing. He stated that he has got the shares demat from the PDA. Also, he has submitted the requisite documents as sought earlier by the Board. He further informed that he has applied for obtaining consent to operate. Wherein it was decided that:
1. The Environmental Compensation be imposed on the industry upto 30.10.2023 for continued violations.
2. The Environmental Engineer, Regional Office-3, Ludhiana shall visit the industry to verify the contentions of the industry and process the application of the industry for obtaining consent to operate on merits.
Now, the industry has again applied for renewal of consent to operate under Water Act, 1974 and Air Act, 1981 for dyeing of cloth @ 5200 Kgs/day, printing of cloth @ 1500 Kgs/day and finishing of cloth @ 14400 Kgs/day with trade effluent @ 720.0 KLD and domestic effluent @ 9.0 KLD into CETP 50 MLD.
The industry has submitted the certificate of DTP letter vide no. 2168/DTP(L) M-2A dated 24.10.2003 for existing land, which is stating that the unit is falls in the industrial Zone as per approved Master Plan, Ludhiana. However,the document is prior to the notification of Master Plan of Ludhiana.The industry has also submitted certificate from Company Secretaries stating that 24.552 KLD shares has been DEMAT and 1554.478 KLD are under process for DEMAT. The industry is having total shares of 1579.0 KLD.
The industry was visited by the officer of the Board on 02.04.2024 and it was observed that:
1. The industry was in operation and engaged in the process of dyeing & washing of fabric, dyeing / washing of garments.
2. The industry has installed 13 soft flow machines (2 of 600 Kg each, 4 of 450 Kg, 7 of 300 kg) having 34 chambers and one sample machine. The industry has also installed 03 winch machines (in dismantled condition) & 02 printing section (one flat bed printing machine and one rotary printing machine) but both printing machines are not operational and the physical conditions of the printing machines is showing that the same has not been operated since long. But the industry has applied for printing of fabric too.
3. The study on effluent generation has been done by the Guru Nanak Dev Engineering College (GNE) and as per report it has total effluent generation as 750.4 KLD from its total 26 chamber of soft flow, 03winch machine of capacity 200 Kg and 02 printing section. During last visit dated 3.11.2022, the industry owner Sh. Bobby Jindal had informed that the industry has dismantled its 02 winch machine and01 printing section and in place of it, it has installed 8 chambers of soft flow machines. However in the present list of machinery given by it, it has mentioned 02 printing machine and 100 KLD effluent in total quantity of effluent generation.
4. As per audit carried out by Guru Nanak Dev Engineering College (GNE) generation of effluent from 34 chambers is 680 KLD considering generation of 20 KLD per chamber and generation of effluent from 03 winch machines is 120 KLD and from 02 printing machines is 100 KLD. Hence the total generation of effluent is 680 + 120 + 100 = 900 KLD, which is beyond than the discharge applied by the industry i.e. 741.4 KLD, however the printing machines and winch machines are not in operation but the industry has not got lifted the additional machinery from the premises and has applied for CTO for printing of fabric too.
5. The industry is connected with the conveyance system of CETP 50 MLD, Tajpur Road, Ludhiana for discharge its trade & domestic effluent through single outlet. The industry has provided the flow meter at its final outlet leading to CETP, which is connected with the SCADA system.
6. The industry has also provided emf at source of fresh water.
7. The industry has installed one boiler of capacity 4 TPH. Rice Husk was being used as fuel. Dust collector has been provided as APCD.
8. The industry has also installed two thermopacs of capacity 2000U and1500U. Rice Husk is used as fuel. Dust collector followed by alkali scrubber is provided as APCD with thermopacs.
As the industry has installed machinery more than required as per the consent to operate earlier granted to the industry, it is violating the provisions of Water (Prevention & Control of Pollution) Act, 1974. Further the industry has not submitted area classification certificate after the date of notification of Master Plan, Ludhiana.
Show cause notice for refusal of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 was issued to the industry with an opportunity of personal hearing before Chief Environment Engineer, Ludhiana on 30.04.2024.
Sh. Vivek Kumar Jindal, partner of the industry attended the hearing and submitted a written reply which was taken on record. He stated that he has got the shares DEMART from the PDA. He further informed that the industry shall submit the certificate from the DTP, Ludhiana, within one week. He further informed that he has already applied for obtaining consent to operate through OCMMS and same was pending with the Board.
After hearing, the partner of the industry and officers of the Board, the Chief Environmental Engineer of the Board decided as under:-
1. The industry shall submit the desired certificate from the District Town Planner (DTP), Ludhiana regarding land use pattern of the area as per Master Plan of the Ludhiana.
2. Environmental Engineer, Regional Office, Ludhiana-3 shall comment on machinery details viz-a viz share DEMAT certificate submitted by the industry.
3. Environmental Engineer, Regional Office – 3 shall accordingly process the consent application on merit.
Submitted for confirmation of decisions of the hearing so that the same could be conveyed to industry and concerned officers for compliance of decisions, please.
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