| File Note: |
It is intimated that the project is a large-scale red category unit. Earlier, the project proponent had obtained Environmental Clearance under EIA notification dated 14.09.2006 with total built up area as 71985 sqm, including 472 no. flats vide no. SEIAA/ 2018/205 dated 26.02.2018 with the name of project as “Citi Avenue”. In this Environmental Clearance granted to the project proponent the total wastewater generation has been proposed as 255 KLD, which will be treated in a STP of capacity 400 KLD based on SBR technology.
The project proponent has proposed to install STP of capacity 300 KLD, consisting of collection tank, FAB reactor, secondary tube settler, clear water sump, dual media filter and sludge drying beds at the time of NOC granted by the Board.
Earlier, the promoter company was granted consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTE/Fresh/SAS/2018/7262983 dated 29.05.2018 which was valid up to 28.05.2019 for development of residential project in an area of 6.4 acre (built up area: 58,970 sqm) having 480 residential flats.
Thereafter, the promoter company was granted extension in validity of consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTE/Ext/SAS/2019/10968409 dated 07.10.2019 which was valid up to 28.05.2020 subject to certain terms and conditions mentioned therein.
Further, the extension in the validity of consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTE/Ext/SAS/2022/17524023 dated 04.01.2022 which was valid up to 28.05.2022subject to certain terms and conditions mentioned therein.
The project proponent was granted consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Fresh/SAS/ 2022/17524036 dated 14/1/2022, valid up to 13/1/2023 and the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Fresh/SAS/2022/17524030 dated 4/1/2022, valid up to 3/1/2023 for partial consent for 164 Flats (Project namely “Citi Avenue”) having total Domestic Effluent @ 89.0 KLD and after passing through STP, 37 KLD for Flushing, 18 KLD for Green area and rest into sewer with the suitable terms and conditions mentioned therein.
Thereafter, the project proponent was applied for obtaining varied consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 for @ 252 flats with total wastewater generation @ 151 KLD out of which 57 KLD for flushing purposes and 31 KLD for green area and rest 63 KLD into the sewer after treatment in STP.
Accordingly, the site was visited by officer of the Board on 22.12.2022 and found that the project proponent is not complying with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 as well as conditions mentioned in the consent to operate as well as consent to establish (NOC) granted and also not complied with the terms and conditions of environment clearance earlier granted to it.
Therefore, the project proponent was served show cause notice for refusal of varied CTO applied under the Water (Prevention and Control of Pollution) Act, 1974 vide no. CTOW/Varied/SAS/2023/20616270 dated 28.02.2023 and the Air (Prevention and Control of Pollution) Act, 1981 vide no. CTOA/Varied/SAS/2023/20616273 dated 28.02.2023 and also served show cause noticed for refusal of extension in the validity of consent to establish (NOC) granted under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 vide no. CTE/Ext/SAS/2023/20560621 dated 28.02.2023.
Thereafter, the project proponent was served notice to issue directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide Board's letter no. 1437-38 dated 28/2/2023 alongwith an opportunity of personal hearing on 10/3/2023 but neither any representative of the project proponent attended the hearing nor submitted any reply in the matter. The Chairman of the Board decided that another opportunity of personal hearing be given to the project proponent. Therefore, the project proponent was given another opportunity of personal hearing u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide Board's letter no. 2574 dated 13/4/2023 alongwith an opportunity of personal hearing on 28/4/2023 and the proceedings of the personal hearing were conveyed to the project proponent with a copy to Regional Office, SAS Nagar vide Board's letter no. 3847-48 dated 24/5/2023 for making compliance.
To check the compliance of hearing decisions, the project was visited by the officers of the Board on 9/6/2023 and it was observed that the project proponent is not serious to comply with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 as well as conditions mentioned in the consent to establish (NOC) as well as consent to operate earlier granted to it under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and operating its outlet without obtaining consent to operate of the Board, willfully causing water pollution in the vicinity, thus, violating the provisions of Water (Prevention & Control of Pollution) Act, 1974 intentionally and deliberately.
The project proponent has failed to comply with the decisions of the personal hearing given to it on 28/4/2023. The matter was considered by the Competent Authority and it has been decided to issue notice u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 for proposing closure of the project after affording an opportunity of personal hearing, due to aforesaid violations. Thereafter, the project proponent was served notice to issue directions 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide Board's letter no. 1437-38 dated 28/2/2023 alongwith an opportunity of personal hearing by the Chairman of the Board on 1/9/2023. After hearing, the Chairman of the Board decided as under:
1) The project proponent shall apply for obtaining consent to operate as required under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 alongwith requisite documents within 7-days.
2) The project proponent shall submit revised plan w.r.t new location of STP within one month.
3) Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar shall visit the project site, within 7-days to verify the compliance of decisions of hearing as well as compliance of conditions mentioned in the Environmental Clearance granted to it under EIA notification dated 14/9/2006.
The proceedings of hearing were also conveyed to the project proponent with a copy to Regional Office, SAS Nagar vide Board's letter no. 7335-36 dated 22/9/2023 for making compliance.
To verify the compliance, the site of the project proponent was visited by officer of the Board on 16/12/2023 and it was observed as under:
1) The project proponent has completed the construction of 164 flats in tower no. 7, 8, 11 and 12. The representative informed that at present 72 flats are occupied. Further, structure work of 3 towers is under construction and 3 are yet to be started.
2) The project proponent has installed STP of 300 KLD for the treatment of wastewater which was in operation at the time of visit.
3) The project proponent is not writing correct readings in the register and is manipulating the same. Further, no record regarding re-use of treated water for flushing purpose is being maintained by the project proponent.
4) The project proponent has not provided ultrafiltration with its STP and as such use of treated water for dual flushing is doubtful.
5) The project proponent has installed one borewell and water meter has been installed and the reading was noted to be 2645.6 KL. However, the record of the same seems to be manipulated. As per record only 5-6 KL of fresh water is abstracted daily, which does not seem to be in order.
6) The project proponent is getting solid waste lifted through 3rd party and has not installed mechanical composter.
7) The location of STP is not the same as given in approved plan.
8) The project proponent has not installed anti-smog gun at the site.
9) The project proponent has failed to get the validity of consent to operate extended which has expired on Jan'23 and also failed to get the extension of NOC which has expired on 22/5/2020.
Thereafter, project proponent was given personal hearing before the Hon’ble Chairman of the Board on 22.02.2024 and it was decided as under: -
1) The project proponent shall submit bank guarantee of Rs. 20.0 Lakhs, as an assurance to comply with the provisions of the Environment Laws, immediately with the Environmental Engineer, Regional Office, SAS Nagar. The 50% amount of said bank guarantee amounting to Rs. 20.0 Lakhs furnished by the project proponent i.e. Rs. 10.0 Lakhs shall be encashed, due to the aforesaid violations made by the project proponent.
2) The Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar shall visit the project immediately to verify the latest status of the compliances made by the project proponent immediately and thereafter send the report with recommendations.
3) The project proponent shall be heard again in the second week of March, 2023 and directors of the project shall be directed to remain present during the hearing.
4) The Environmental Engineer, PPCB, RO, SAS Nagar shall ensure that a copy of the hearing notice shall be sent also through WhatsApp/e-mail/delivered in person to the project. If project proponent again fails to attend the said hearing then action as deem fit under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 shall be taken without giving further opportunity/notice.
Now, the project proponent has applied for obtaining varied consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and varied consent to operate under Air (Prevention & Control of Pollution) Act, 1981 for development of 252 flats along with requisite documents and fee.
As per record file of the project the previous consent fee is adequate upto 06.12.2027 against the project cost is Rs. 49.58 crores.
Now, the project proponent has deposited Rs. 36,000/- vide R. No. 379443265 dated 14.04.2023 &Rs. 1,68,000/- vide R. No. 956210767 dated 06.02.2024 under Water Act, 1974 and Rs. 36,000/- vide R. No. 39014691 dated 14.04.2023 & Rs. 1,68,000/- vide R. No. 629027098 dated 06.02.2024 under Air Act, 1981, against the project cost is Rs. 53.04 crores as on 20.01.2024. The consent fee deposited by the project proponent is adequate upto 30.09.2027 under both acts after adjusting NOC fee and penalty fee.
The site of the project was visited by officer of this office on 04.05.2024 and it was observed as under: -
1) The project proponent has completed the construction of 252 flats in tower 6 no. toward. The representative informed that at present 72 flats are occupied. Further, structure work of 1 more towers is under construction.
2) The project proponent has installed STP of 300 KLD for the treatment of wastewater which was in operation at the time of visit.
3) The total water requirement of the project is 189 KLD for 252 flats at full occupancy and the generation of the waste water @ 151 KLD, which is treated in STP. The treated water @ 57 KLD is used for flushing and remaining 31 KLD for green area and rest into sewer.
4) The project proponent has installed 2 nos. D.G sets of capacity 320 KVA & 125 KVA, both are equipped with canopies and adequate stack height.
5) The project proponent has submitted approved site plan from MC Zirakpur.
6) The project proponent has already submitted the copy letter issued by MC, Zirakpur vide no. 3791/BB dated 12.10.2017 that MC, Zirakpur has no objection for discharging sewage of project in MC sewer after submission of applicable connection and other requisite charges by the project proponent.
7) The STP was in operation during the visit and as per operational record maintained by the project about 25-30 KLD of effluent is being treated daily in the STP.
8) The pp has made arrangements for utilization of treated domestic effluent for irrigation as well as dual plumbing.
9) The project proponent has installed mechanical composter of capacity 300 kg/day for treatment of wet waste.
From the above, the project is now complying with the observations of the earlier visit. However, w.r.t the location of the STP, the project proponent has submitted that the STP provided currently is partial in nature (300 KLD) and has been provided at farthest distance from the residential towers. The amendment in building plans will be obtained, when the STP of full capacity is installed in the project.
Now, the pp has submitted request letter dated 19.04.2024 that:
‘It is humbly requested that the hearings could not be attended due to emergent circumstances. The project is fully complying with the environmental laws and we are always law abiding. The consent to operate application has been applied through online.
Kindly exempt us from imposition as well as encashment of Bank Guarantee.’
In view of the above and decision no. 3 of the personal hearing dated 22.02.2024, it is recommended that before proceeding further in the matter, the project proponent (Directors of the project) may be given another opportunity of personal hearing before the competent authority of the Board, for deciding the consent applications as well as the request of the project proponent for waiving of the Bank Guarantee please.
Competency Hon’ble Chairman of the Board
Date of Deemed Approval: 03.06.2024 |
