| File Note: |
It is submitted that the brick kiln was granted consent to operate under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Renewal/PTA/2017/6553533 dated 30/10/2017, valid upto 30/09/2018 for manufacturing of Bricks @ 25000 Nos./day and the same is hereby renewed upto 30.09.2018 subject to the conditions as mentioned therein.
Now, the brick kiln has applied for obtaining fresh consents to operate under the Water (Prevention & Control of Pollution) Act, 1974 and varied consent to operate under the Air (Prevention & Control of Pollution) Act, 1981 for manufacturing of Bricks / Tiles @ 25,000 Numbers/Day using induced draft technology alognwith zig-zag pattern. The brick kiln has submitted compliance report of the conditions of the consent earlier granted to it under the Air (Prevention & Control of Pollution) Act, 1981, latest CA certificate etc.
The industry has deposited following consent fees under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 against the fixed assets of Rs. 17.75 lakh as on 31.03.2024 as per CA certificate dated 10.5.2024.
Water Consent Fee Rs. 21600/- vide UTR no. 771193459 dated 01/02/2024 Adequate upto 30/09/2030
Water Penalty Fee Rs. 10800/- vide UTR no. 771193459 dated 01/02/2024 Adequate w.e.f 01.11.2018
Air Consent Fee Rs. 21600/- vide online receipt no. 833237901 dated 01/02/2024 Adequate upto 30/09/2030
Air Penalty Fee Rs. 10800/-
vide online receipt no. 833237901 dated 01/02/2024
NOC Regularization Fee Rs. 1800/- vide online receipt no. 833237901 dated 01/02/2024 Adequate
Accordingly, the industry was visited by the officers of this office on 20.05.2024 and it was observed as under:
• The industry is a brick kiln unit and was found in operation.
• Crushed coal is used as fuel.
• The Brick kiln has adopted high draft technology for the manufacturing of bricks.
• The brick kiln has provided pucca keri road for the movement of the vehicles.
• The brick kiln has done new plantation along the boundary of brick kiln.
• The brick kiln has covered movement area covered with kairy.
• The brick kiln has provided sampling arrangements with the stack of brick kiln.
• The brick kiln has provided septic tank for treatment of domestic effluent.
It is pertinent to mention here that It is intimated that a meeting was taken by the Chairman of the Punjab Pollution Control Board on 28.1.2020 at 11:00 am in the Committee Room, Vatavaran Bhawan, Nabha Road, Patiala with the Punjab Brick Kiln Association regarding compliance of Govt. orders dated 28.05.2019, in which, it was decided that:
(1) The Regional Offices of the Board are required to impose / charge environmental compensation from the brick kiln owners from 01.02.2019 to 30.09.2019 for the period for which the brick kilns are actually operated (without converting to the induced draught technology).
(2) In case brick kiln is not operated after 30.06.2019 due to rainy season but the same brick kiln restarted its operations later on but without converting to induced draft technology, then environmental compensation will be levied for full period till the adoption of new technology.
(3) In case, any brick kiln is still operating without adopting the induced draught technology, immediate action for closure of kiln / cancellation of license by DFSC shall be taken.
(4) Following document shall be obtained from the BKOs to ascertain the actual period of operation of the kiln:
a) The Coal Register duly signed by the BKOs and getting an undertaking to the effect that the entries made in the Coal Register are true & correct, may be taken as documentary evidence. e) For the Brick Kiln, which are using other authorized fuel than coal such as agro fuels/biomass, may be asked to submit a self undertaking mentioning the period for which the BKOs had operated the Brick Kiln without conversion into Induced Draught Technology.
b) The documents as mentioned in Para a & b above are to be authenticated by the Charted Accountant.
(5) Since the Brick kilns are generating and discharging very nominal quantity of domestic effluent and are of small scale, as such, the request of the association for exemption of fee for consent under the Water (Prevention & Control of Pollution) Act, 1974 be accepted and may be made applicable w.e.f 1.11.2018 subject to the ex-post facto approval of the Board.
In this regard, as per the record file of this office, the industry was visited by the officer of this office on 13.05.2019 to check the status for conversion of brick kiln to induced draft technology as per the directions issued u/s 5 of the Environment (Protection) Act, 1986 by Deptt. of Science, Technology & Environment, Govt. of Punjab vide order no. 10/48/2019-STE(5)/1491442/1 dated 28/5/2019. During the visit, the industry was found in operation without converting into induced draft technology.
Therefore, regarding Environment Compensation, the industry has submitted a copy of coal register as certified by Chartered Accountant (CA) for the period February, 2019 to September 2019, showing that the brick kiln was operated only in the month of March 2019 to May 2019 (3 months).
It is also pertinent to mention here that the industry has submitted certificate coal register for the period 01.02.2019 to 30.09.2019 and as per which the industry had operated its unit for 3 months only from March to May, 2019. It is further submitted that brick kilns do not operate after start of rainy season i.e. July and restart their operation only after January onwards. Moreover, as per the decisions taken by the Chairman of the Punjab Pollution Control Boardon28.1.2020 after the meeting with the Punjab Brick Kiln Association regarding compliance of Govt. orders dated28.05.2019, it was decided that: "The Regional Offices of the Board are required to impose / charge environmental compensation from the brick kiln owners from 01.02.2019 to 30.09.2019for the period for which the brick kilns are actually operated (without converting to the induced draught technology". Hence, no coal register is required for the period 30.09.2019 to 31.01.2020
Accordingly, the industry vide receipt no. 21/5136 dated 06.08.2020 had deposited Rs. 60000/- as Environment Compensation for operating its unit in the period March, 2019 to May 2019 without converting to the induced draft technology.
Further, the industry has also submitted its design adequacy-cum-completion certificate from CBRI, Roorkee after conversion to induced draft technology dated 20.01.2020.
As per modified directions issued by CPCB u/s 18(1) (b) of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 regarding harmonization of classification of industrial sectors under red, orange, green, white categories vide its letter dated 07.03.2016 along with the "Final documents on revised classification of industrial sectors under red, orange, green & white categories" which also includes the consent period for which the consents are to be granted to red, orange & green category industries for five years, ten years & 15 years respectively. The Board vide its letter no. 9982-1003 dated 27.03.2018 has requested this office to strictly follow consent validity criteria as mentioned in the modified directions issued by CPCB u/s 18(1) (b) of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981.
It is further submitted that vide letter no. SEE(HQ-2)/2018/6383 dated 26/02/2018, the Board has also authorized M/s Team Energy Systems, 286-287, Ecotech-Extn, Near Kasna, Greater Noida-201306 (U.P.) to provide the CBRI developed High Draft Zig-Zag technology to the brick kilns in Punjab subject to the condition that the completion-cum-adequacy certificate shall be issued by CBRI, Roorkee for the purpose of issuance of consent to operate under the Air Act, 1981 by the Board to such brick kilns.
Therefore, the industry is now found complying with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air Act, 1981 has also converted to induced draft technology.
In view of above, may, if approved, fresh consents to operate under the Water (Prevention & Control of Pollution) Act, 1974 and varied consent to operate under the Air (Prevention & Control of Pollution) Act, 1981 may be granted to the industry upto 30/09/2030 for manufacturing of Bricks / Tiles @ 25,000 Numbers/Day with suitable conditions as per policy of the Board and special condition that:-
I. The industry shall get its stack emission sampling done from Board’s lab immediately.
II. The industry shall comply with the Code of Practice framed for Brick Kilns. The Brick Kiln will ensure the implementation of recommended operating practices as per the feasibility report (SPL 20/1328)
III. The industry will obtain the Environmental Clearance under EIA notification dated 14.09.2006 for mining of brick clay to be used as raw material for the manufacture of bricks.
IV. The industry shall comply with the provisions of notification no. S.O. 763(E) dated 14.9.1999 as amended vide notification no. S.O.979 (E) dated 27.8.2003 and its subsequent amendments issued by the Ministry of Environment & Forests, Government of India, New Delhi.
V. The industry shall adopt the code of practice prescribed by CPCB vide its letter no. 15770 dated 29.01.2019 as under;
i. All the moving area around the main Brick Kiln should be paved with the bricks to minimize the fugitive dust emissions from the Brick Kiln operations.
ii. No dust to accumulate all around the Brick kiln.
VI. The industry shall comply with the code of practice laid down for brick kilns vide Board's notification no. Admn/A-2/F.No. 178/98/3 dated 02.09.1998 and amended from time to time:
i. Approach road within the premises of brick kiln area should be Pucca / stabilized with brick bats.
ii. They should use crushed coal for better burning efficiency.
iii. Height of chimney stack should be at least 30 Mtrs.
VII. The industry shall comply with the recommendations of technology provider as approved by the Board for operating practices to minimize the pollution at source level.
VIII. The industry shall stack its raw brick for baking in zig-zag pattern as recommended by the technology provider as approved by the Board.
IX. The industry shall clean the air pollution control system at regular intervals.
X. The industry shall get its Firemen and Mistries trained from technology provider as approved by the Board for better feeding and firing so as to reduce the pollution.
XI. The industry shall get its emissions analyzed from laboratory approved by the Board / Board’s approved lab/NABL approved laboratory twice in a year/kiln season and shall submit the analysis report to the Board.
XII. The industry shall put up display board indicating environment data at the main entrance gate.
XIII. The BKO shall also obtain NOC/permission from the other Govt. Department, if need be.
XIV. The BKO shall comply with the directions as amended vide Board Office Order no. SEE(HQ2)/2018/606 dated 18.12.2018 as under;
i. The consent is subject to the orders passed by Hon’ble Punjab & Haryana High Court / National Green Tribunal or other Judicial Authority in the case pending or being filed with regard to the subject matter of the office order.
ii. The consent is subject to the performance evaluation of new technology adopted by the brick kilns.
XV. The industry shall inform the Board in writing as and when any change is occurred in the Partnership Deed / Proprietorship / Memorandum of Article of Association, especially with regard to the name and address of the Partner / Proprietor / Director / Subscriber etc, and in any case the industry fails to do so and later on it comes to the notice of the Board that there is any change in Partnership Deed / Proprietorship / Memorandum of Article of Association, action as deem fit under the provision of said Act shall be taken.
XVI. The industry should confirm to the following ambient noise level prescribed under Rule 13 (1) of Noise Pollution Regulation & Control) Rules, 2000 at their boundary limits:
Sr No. Type of area Parameters Limit in dB(A) Leq
Day Time, Night Time
1. Industrial Area 75, 70
2. Commercial Area 65, 55
3. Residential Area 55, 45
4. Silence Zone 50, 40
Note: i. Day time shall mean from 6:00 a.m. to 10:00 p.m
ii. Night time shall mean from 10:00 pm to 6:00 a.m
I. The industry /HCE/ Educational institute etc. shall install noise limiter on potential pollution devices including retrofitting the existing devices.
II. Adequate measures shall be taken by the project proponent during construction phase to reduce ambient air & noise level, so as to conform to the stipulated standards by CPCB/ SPCB.
III. The maximum noise levels near the construction site should be limited to 75 dB (A) leq (5 min) in industrial area and to 65 dB (A) leq (5 min) in other areas
IV. Materials need to be stockpiled and unused equipment to be placed between noisy operating equipment and other areas.
(competency- EE, RO, Patiala) |