| File Note: |
It is intimated that the BKO was earlier granted consent to operate under Air Act, 1981 vide no. LDH-II/APC/2003-208/F-100 dated 16.04.2003, which is valid upto 31.03.2018 for operation of conventional brick kiln subjected to certain conditions mentioned therein.
Thereafter the brick kiln was visited by officers of this office on 12.01.2024 and observed that the brick kiln was in operation and has provided IDBKT. Grey colored smoke was observed from the stack. The BKO has not installed adequate sampling arrangements. The BKO was using crushed coal and saw dust as fuel. The BKO is not using paddy straw pellets as fuel. The BKO has not obtaining valid CTO under Air Act, 1981 and Water Act, 1974 for operation of IDBKT till date.
Accordingly, a SCN was issued to the BKO along-with opportunity of personal hearing at RO level on 05.02.2024, wherein it was decided as under :-
1. The brick kiln shall provide adequate sampling arrangements within 07 days.
2. The brick kiln shall obtain CTO under Air Act, 1981 and Water Act, 1974 within 07 days.
Now the BKO has applied for obtaining fresh consent to operate under Water (Prevention & Control of Pollution) Act, 1974 through OCMMS for operation of IDBKT. The BKO has submitted requisite documents. The BKO has deposited Rs 12600/- vide UTR no. SBIN424040859328 dated 09.02.2024 and Rs. 18000/- vide UTR no. SBIN124129452712 dated 08.05.2024 as Water Consent fee against the CA certificate of Rs. 20.12 lacs as on 08.02.2024, which is adequate 31.10.2029.
The brick kiln has also submitted feasibility report and dimensional drawings of the kiln issued by PSCST. The brick kiln has also submitted a letter issued by District Town Planner vide no. 518/DTP(L) B-21 dated 21.02.2014 mentioning that the brick kiln falls in LPA Ahemdgarh (2010-2031). The Master Plan of the same is yet to be finalized. It is also mentioned that the Department of Town Planning has no objection by the operation of brick kiln at the said site.
The Brick kiln was visited by the officer of this office on 15.05.2024 and it was observed as under:-
1. The kiln was in operation during the visit.
2. The brick has adopted IDBKT.
3. The brick kiln has provided septic tank followed by plantation.
It is pertinent to mention here that the brick kiln was given personal hearing before the SEE, ZO-2, Ludhiana on 26.04.2024, wherein it was decided as under :-
1. The brick kiln shall submit the bank guarantee of Rs. 50000/- as an assurance to comply with the provisions of Air (Prevention & Control of Pollution) Act, 1981, within 07 days.
2. The brick kiln shall apply for consent to operate under the Air (Prevention & Control of Pollution) Act, 1981, within 07 days.
3. Environmental Engineer, Regional Office-4, Ludhiana shall visit the brick kiln to verify its contentions and process the consent application of the brick kiln on merits.
4. It was made clear to the brick kiln to be careful in future and if the brick kiln is found violating under the provisions of Air Act, 1981 in future, then strict action may be taken against the brick kiln, without any further notice/opportunity of hearing.
From above, it is clear that there is no action pending for violation of the provisions of Water Act, 1974 against the brick kiln.
As such, the brick kiln is complying with the provisions of Water Act, 1974.
In view of above, it is recommended that the CTO under the Water Act, 1974 may be granted upto 30.09.2029 the brick kiln subject to the following conditions: -
a. The consent is 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 cases pending or being filed with regard to the subject matter of the office order.
b. The consent is subject to the performance evaluation of new technology adopted by the brick kilns.
c. The brick kiln shall shift to the designated area as per the provisions laid down under the notified Master Plan of Ludhiana or when asked by the Government/ Punjab Pollution Control Board.
d. The brick kiln shall comply with direction issued u/s 5 of the Environment (Protection) Act, 1986 issued by Govt. of Punjab, Department of STE vide notification no. 10/574/2022-STE1/443 dated 04.11.2022 and replace at least 20% coal with paddy straw pellets.
e. The brick kiln shall submit B.G of Rs. 50,000/- as decided during hearing dated 26.04.2024 within 07 days.
Competency :- EE
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