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The brick kiln was granted consent to operate under the provisions of the Air Act, 1981 vide no. R15FZLCTOA2412265 dt. 12.02.2015 for operation of brick kiln with bulls trench kiln (BTK) technology, subject to the conditions mentioned therein, which was valid up to 30.09.2019.
The brick kiln was visited by the officer of the Board on 14.02.2019 and it was observed that the brick kiln was in operation without adopting induced draft zig-zag technology. As such, the consent to operate granted to the industry under Air Act, 1981 was revoked vide Board’s letter no. 684-85 dt.18.02.2019.
Directions u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 as amended in 1987 was issued to the BKO with the direction to the brick kiln to stop its operation immediately alongwith the direction to the District Food & Civil Supplies Officer, Department of Food, Civil Supplies & Consumer Affairs, Fazilka to cancel the license of the brick kiln vide Board's letter nos. 1713 and 1716 dt. 05.03.2019, respectively.
The order dated 28.05.2019 of the Government of Punjab. Department of Science, Technology and Environment was conveyed to the brick kilns vide Board's letter no. 3475 dt. 28.07.2019 for compliance and the District Food & Civil Supplies Officer, Department of Food, Civil Supplies & Consumer Affairs, Faridkot was also made aware of the Government notification dated 28.05.2019 vide Board’s letter no. 4663 dated 14.10.2019 alongwith request to comply with the directions of the Board dated 05.03.2019 to cancel the license of the brick kiln.
The District Food & Civil Supplies Officer, Department of Food, Civil Supplies & Consumer Affairs, Fazilka again failed to submit any compliance to the Board regarding cancellation of license of the subject cited brick kiln.
The kiln was again visited by this office on 17.02.2022 and it was observed that the brick kiln was not in operation. The brick kiln has upgraded its kiln into induced draft zig-zag technology; however no completion drawing was submitted in this regard. During visit, the representative of the industry was advised to apply for consent to operate of the Board under the Water Act, 1974 and the Air Act, 1981 and to deposit Environment Compensation to the Board, however it failed to submit compliance in the matter.
Notice under section 37 (I) & 41 of the Air Act, 1981 was issued to the brick kiln and DFSC, Fazilka vide Board’s letter no. 2012 dated 22.04.2022 with the proposed directions to file legal action against them for failure to comply with directions issued u/s 31-A of the Air Act, 1981 alongwith an opportunity to submit reply within a period of 10 days, however the brick kiln as well DFSC, Fazilka failed to submit reply in the matter.
Thereafter the brick kiln as well as DFSC, Fazilka were afforded an opportunity of personal hearing by the hearing by the Chairman of the Board on 29.06.2022, but neither any representative of the brick nor DFSC attended the hearing/submitted reply in the matter.
Accordingly directions u/s 31-A of the Air Act, 1981 were issued that “That the brick kiln shall not operate its unit without obtaining valid consent to operate of the Board under the Air Act, 1981”.
Now, the brick kiln has applied for obtaining fresh consent to operate under the Water Act, 1974 and varied consent to operate under the Air Act, 1981 for its operation after adopting induced draft technology with zig-zag firing to manufacture bricks and tiles @ 30,000 nos./day. Details of the case are as under: -
The brick kiln has submitted feasibility/technical report along with completion drawing bearing no. TM-19/187 from M/s Team Energy Systems, Panchkula authorized license of M/s CBRI-Rorkee, regarding induced draft zig-zag technology.
As per completion certificate dated 20.02.2020 the brick kiln has converted into induced draft zig-zag technology.
The brick kiln has submitted copy of coal registered duly verified by the Charted Accountant, M/s Vinod K Chabbhra (M.No. 85070), Ludhiana according to which the cola consumption of the brick kiln from Nov/2018 to March/2020 is nil. Further the brick kiln has submitted undertaking, verified by the Charted Accountant, M/s Vinod K Chabbhra (M.No. 85070), wherein it has been mentioned that the brick kiln has been operated using authorized fuel i.e. agro fuel, bio-mass, coal with FCBTK technology upto 31.05.2019 and therafter the kiln has not been operated till adoption of induced draught zig-zag technology.
As mentioned in the undertaking since, the brick kiln had operated during the period of 01.02.2019 to 31.05.2019, it had deposited Rs. 1,00,000/- vide R.no. 99/5573 dt. 06.05.2024 as environment compensation in this office.
The brick kiln has submitted year wise certificate of C.A showing value of gross fixed assets of the industry as Rs. 68.43 lacs as on 17.04.2024.
The brick kiln deposited Rs. 45,000 vide UTR.No. YESB41178070760 dated 26.04.2024 under the Water Act, 1974 and Rs. 60,000/- vide UTR/No. YESB41178070520 dated 26.04.2024 under the Air Act, 1981. The deposited fee is adequate for a period up to 30.09.2028, including penalty of 500% of one year consent fee as applicable, balance consent fee and NOC regularization fee as applicable.
The brick kiln has submitted dissolution deed dated 23.06.2016, wherein the earlier partners of the brick kiln, Sh. Sarvshri Saurabh Verma, Dev Raj Madaan and Vikas Bathla have voluntarily retired from the firm and only Sh. Jagdish Kumar Bathla will be sole prop. of the firm.
The brick kiln has submitted GSTIN Certificate of the firm, wherein Jagdish Kumar Bathla is the prop. of the firm.
The industry has submitted letter bearing memo no. 168 dated 17.01.2023 from DFSC Fazilka wherein it has been mentioned the license of the brick kiln was valid upto 31.03.2021 and it shall only operate after renewing it for further valid period. As such, it can be concluded that the brick kiln has not obtained valid license of DFSC for carrying out activity.
The brick kiln was visited by undersigned (AEE) on 13.05.2024 and it was observed as under: –
• The brick kiln was not in-operation and kiln trench was empty and no brick/raw brick has been laid in the same. No fuel was found lying at kiln site. As per onsite circumstances, it can be concluded that the brick kiln has not been operated since long.
• The brick kiln has upgraded its kiln into induced draft zig-zag technology as per the completion drawing submitted by it. A VFD fan has been provided with the chimney and the length of the brick kiln (central island) was found to be 245 feet.
• The brick kiln has arranged fuel feeding spoons of capacity 300 gm for coal feeding for usage of these only at regular interval of time to minimize the air pollution/emissions generated from the stack of kiln.
• The brick kiln has provided adequate sampling facilities with kiln stack to facilitate emission sampling.
• The kiln has stabilized the movement area with keri. The brick kiln was advised to arrange for regular sprinkling of water in the movement area so as to suppress dust during hot conditions.
• Already existing plantation was there along the boundary of brick kiln; however it was advised for more plantation along boundary.
• The brick kiln has provided septic tanks for treatment of domestic effluent generated from its office premises and was advised to provide outlet of septic tank onto land for plantation along boundary.
The brick kiln is complying with the provisions of the Water Act, 1974 and the Air Act, 1981, has adopted induced draught zig-zag technology and is complying with code of practice to be adopted by the brick kilns.
Keeping in view of above, it is recommended that:
A. Regular consent to operate under the Water Act, 1974 and Air Act, 1981 may be granted to the brick kiln for production of bricks & tiles @ 30,000 nos./day using induced draft zig-zag technology for regular period (category-I) i.e. up to 30.09.2028/adequacy of consent fee deposited, subject to the suitable conditions along with following additional conditions:
1. The consent is subject to the orders passed by the Hon’ble Punjab & Haryana High Court/Hon’ble National Green Tribunal or other Judicial Authority in the cases pending or being filed with regard to the subject matter of the office order.
2. The consent is subject to the performance evaluation of new technology adopted by the brick kilns.
3. 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.
4. The industry shall comply with code of practice for brick kiln and shall achieve the prescribed standard notified by MOEF & CC.
B. Direction’s u/s 31-A of the Air Act, 1981 earlier issued to the brick kiln may be dropped and directions may be issued to DFSC, Fazilka to issue the license to the brick kiln.
Competency- Hon’ble Chairman of the Board
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