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It is submitted that the kiln was granted consent to operate under the
Air Act, 1981 vide No. MKS/A-2/93/F-338 dt. 27.01.2009 (expired on 31.10.2012) for production of bricks and tiles @ 30000 Nos. per day is hereby extended in the year 2014 which is valid upto 30.06.2018 subject to the conditions mentioned therein in the name of Sh. Kashmir Singh, Partner. During the grant of consent to operate in the year 2014, the bko was having 2 partners i.e. Smt. Darshana Devi and Sh. Kashmir Singh. The land was on lease in the name of Smt. Darshana Devi for a period upto 16.09.2022.
Thereafter, the brick kiln failed to obtain consent to operate under the Air Act, 1981. Show cause notice for violation of the provisions of the Air Act, 1981 was issued to the brick kiln vide Regional office letter no. 5387 dated 01.08.2018, however the brick kiln failed to submit any reply in the matter. 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. 3174 dated 26.09.2023, 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 undersigned on 01.11.2023 and it was observed that:-
1. The brick kiln was not in operation, however katcha bricks were found stored at site.
2. The brick kiln has stored loose bio-mass/agriculture waste in its premises.
3. The brick kiln has not stored any paddy straw based pallets to use as fuel as compliance of the directions issued by the Govt. of Punjab, Deptt. of Science, Technology & Environment, vide notification no. 10/574/2020-STE1/443 dated 04.11.2022 to replace atleast 20% coal with paddy straw based pallets as fuel in the brick kiln.
4. The brick kiln has converted to induced draft technology, however not obtained CTOs under the Water Act, 1974 & Air Act, 1981. The brick kiln is violating the provisions of the Air Act, 1981 and 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 before the Chief Environmental Engineer (B) on 23.01.2024, which was postponed due to some administrative reasons.
In view of above, an opportunity of personal hearing has been afforded to the brick kiln on 20.02.2024. During hearing, the manager of brick kiln submitted that loose bio-mass / agricultural waste has been lifted and brick kiln is using only crushed coal as fuel. He further submitted that paddy straw based pallets shall be used as fuel in compliance to the notification dated 04.11.2022. He also requested for some time to apply for obtaining CTOs under Water Act, 1974 & Air Act, 1981. After hearing the manager of the brick kiln and officer of the Board, the Chief Environmental Engineer (B) decided that:-
(i) The brick kiln will apply for obtaining consents to operate under the provisions of Water Act, 1974 & Air Act, 1981, within 7 days.
(ii) 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 and will get the loose bio-mass / agricultural waste stored in its premises lifted, if any, within 10 days.
(iii) 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.
(iv) 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.
(v) The Environmental Engineer, Regional Office, Bathinda shall visit the brick kiln immediately and process the applications to be applied under Water Act, 1974 & Air Act, 1981 on merits.
Now the industry has applied for obtaining varied consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention &Control of Pollution) Act, 1981 along with requisite fees and documents without any increase in production capacity and land area.
The Brick kiln has submitted completion certificate dt. 29.11.2023 from CSIR-Central Building Research Institute, Roorkee to the effect that the kiln has constructed induced draught brick kiln with Zig zag technology, rectangular in shape as per the CSIR-CBRI design. The design details given by the licensee M/s Team Energy Systems, Panchkula via drawing 23/085 and completed construction as per norms.
The brick kiln has attached CA Certificate mentioning cost of fixed assets of Rs. 13.11 lacs dated 18.04.2024 vide which land lease value for a period of 5 years has been added in the CA certificate.
Now, the kiln has deposited Rs. 39000/- (Rs. 38000/- Vide R. no. 201519464 dated 28.03.2024 & Rs. 1000/- vide online R. NO.
301490157 dated 09.05.2024) under the Water (Prevention & Control of Pollution) Act, 1974 and Rs. 42400/- (Rs. 41400/- vide online R. No. 725173548 dated 28.03.2024 and Rs. 1000/- Vide R. no. 422603302 dated 09.05.2024) under the Air (Prevention & Control of Pollution) Act, 1981, which is adequate upto 30.09.2033 (the adequacy of consent has been calculated by considering fixed assets of the industry less than 25 lakhs upto 31.03.2023 and in the slab of Rs. 25-50 lakhs after 31.03.2023 onwards.
The brick has submitted the retirement deed dated 31.12.2018 stating that there is one present partner i.e. 1. Smt. Darshana Devi (Continue Partner) and Sh. Kashmir Singh (Retiring Partner) of the brick kiln.
Smt. Darshana Devi has submitted an undertaking dated 13.02.2023 stating that earlier she was the proprietor of the BKO, the lease deed was expired on 16.09.2022, she has not continued lease agreement after this. The kiln is now on lease in the name of Smt. Shimla Devi w.e.f. 17.09.2022 and has no objection regarding transfer of consent to operate in the name of Smt. Shimla Dev, she has not fired the brick kiln for the period of 01.04.2015 to 16.09.2022 and has not used any coal and agro biomass for firing of brick kiln. She has also submitted an affidavit dated 29.09.2024 with estamp stating above said content mentioned in undertaking dated 13.02.2023.
Smt. Shimla Devi has submitted GST registration as proprietorship proof.
The bko has submitted lease for the site of kiln in the name of Smt. Shimla Devi for a period upto 16.09.2037.
Smt. Shimla Devi has submitted an undertaking dated 13.02.2024 stating that she is the proprietor of the BKO, the bko has adopted induced draft technology and has obtained completion on 29.11.2013. The bko has not been operated on the coal and agro fuel both from the period 17.02.2022 till adoption of ID technology. The brick kiln has not been operated till the adoption of zigzag technology.
As per above documents and record of this office environment compensation required to be deposited by the kiln.
The brick kiln was visited by undersigned on 07.05.2024 and it was observed as under:-
• The kiln was in operation with induced draft zig zag technology and no black smoke was observed. The bko was using coal and loose biomass as fuel. Majority of fuel stored/used was loose biomasss. No pellets were being used. The length of central island was found less than 245 feet as required by the Board.
• The kiln has stabilized the periphery road / movement area with kery/brick bats.
• The kiln has provided plantation all along its boundary
• The industry does not generate any trade effluent and domestic effluent discharged onto land for plantation after treatment in septic tank.
It is pertinent to mention here that a meeting was chaired by the Hon’ble Secretary, Science Technology and Environment to review regarding promoting use of paddy straw pellets and pelletization and the issue of ban on use of loose biomass in brick kiln was discussed and it has been directed by the SSTE that PSCST to initate study on use of loose biomass as fuel in induced draft technology zig zag kiln and give their recommendation for which proposal be submitted to PPCB within weeks time. However, no further communication in this regard has been received in this office.
In view of above, may if approved it is recommended that Varied Consent to operate under Water Act, 1974 and Air Act, 1981 may be granted upto 30.09.2033 for production of Bricks and Tiles @ 30,000 Nos./Day, subject to the suitable conditions and following special conditions:
I. The kiln shall kiln shall replace at least 20% of its fuel from coal to paddy straw pellets as per the directive given by the State Govt. u/s 5 of EPA vide notification no. 10/574/2022-STE1/442 dated 04.11.2022 and shall maintain record of the same for monitoring and inspection by the.
II. This consent is granted 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 case spending or being filed with regard to the operation of brick kilns in the State.
III. The BKO will obtain Environmental Clearance under EIA notification for mining of brick clay to be used as raw material for the manufacture of bricks and submit the same, within two months.
IV. The industry shall comply with code of practice for brick kiln and shall achieve the prescribed standard notified by MOEF&CC.
V. The industry shall not generate/ discharge any trade effluent and shall discharge only domestic effluent onto land for plantation after passing through septic tank.
VI. The industry shall comply with the guidelines of the Board / State Govt. from time to time regarding use of loose biomass as fuel induced draft zigzag kiln.
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