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Brief History
It is intimated that the industry is a zinc plating unit located in close proximity to the gas leak site. The industry was also one of the 7 violating unit, whose name was submitted to the magisterial enquiry team.
The industry was earlier visited by officer of the Board on 09.12.2022 (i.e. before the gas leak tragedy) and it was observed that the industry had provided a storage tank of capacity 1000 Ltr for collection of trade effluent and same was found filled upto brim during the visit. Due to overflow of the effluent from the storage tank, entire effluent was found seeping into the sewer line. Further, the industry was found operating the unit without Consent to operate under the Water Act, 1974
Accordingly, the industry was issued show cause notice for violation of the provisions of the Water Act, 1974 with opportunity of personal hearing before the Senior Environmental Engineer on 16.01.2023. But, no one from industry attended hearing on said date.
Hence, notice to issue directions u/s 33-A of the Water Act, 1974 has been issued to industry with hearing before the CEE, Ludhiana on 06.03.2023. wherein it was decided that:-
1. The industry shall get lifted its trade effluent to CETP operator on regular basis and shall not discharge it through un-authorized mode of disposal under any circumstance.
2. The industry shall maintain daily record w.r.t fresh consumption and trade effluent lifted by CETP Operator.
3. The industry shall get extend the validity of Bank guarantee of Rs. 50,000/- already submitted to the Board, within 15 days.
4. The Environmental Engineer, Regional Office-1, Ludhiana shall process consent applications on merits, verify compliance of hearing decisions and send further recommendations in the matter after 15 days.
Thereafter, an incident of gas leakage occurred on 30.04.2023 at Guru Teg Bahdur Nagar, Sua Road, Near Indra Colony Giaspura, Ludhiana. Several teams of the Board officers inspected the area. The subject cited industry was visited by the team of Er. Shiv Kumar, EE; Sh. Jatinder Kumar AEE, Sh. Anish Sharma AEE on 01.05.2023 and following observation were made:-
1. The industry was in operation during the visit.
2. The industry is engaged in electroplating of nut bolts by 2 no. Nickel Barrels
3. The industry has made an MOU with M/s JBR Technology Pvt. Ltd., Ludhiana for the quantity of 1500 Ltr/month.
4. The industry has provided water meter on the fresh water supply line in the process area (Rd.- 4190KL).
5. The industry is not maintaining the record of fresh consumption and trade effluent lifted by CETP Operator.
6. The industry has not got any trade effluent lifted in the month of April 2023.
Accordingly, directions u/s 33-A of Water Act, 1974 was issued for closure of the industry. The electric connection of the industry was got disconnected from PSPCL officials on 17.05.2022 for which separate e-noting is under process During that time it was also approved that interim environmental compensation of Rs. 1.50 Lacs be imposed on the industry and prosecution under the relevant provisions of law be also initiated against the industry.
In compliance to above, the Criminal prosecution under the provisions of Water Act, 1974 has already been filed against the industry in the court of CJM, Ludhiana. Thereafter, the industry has applied for consent to operate alongwith request for restoration of electric supply. However, the same was refused due to non-deposit of Environmental Compensation.
Present case :-
The industry has now again applied for consent to operate with the request regarding restoration of electric connection. The industry has already submitted extended bank guarantee of Rs. 50,000/- as decided during hearing held before CEE on 06.03.2023. The industry has also submitted a written request that it has removed the entire wet polluting machinery in its premises. The industry has submitted in writing that it is facing severe financial crunch due to the non-operation of the industry since last one year. Further, the industry has now deposited Rs. 15000/- as environmental compensation and has requested in writing that it will pay the rest of the environmental compensation in installments once it comes in operation
The industry was earlier visited on 12.07.2023 and it was observed that the industry was lying closed due to disconnection of electric supply. The industry has removed the entire electroplating machinery and only dry machinery is now lying in the industrial premises. The industry was again visited on 17.11.2023 and it was observed that the electroplating machinery has been removed and only dry machinery is now lying in the industrial premises. The industry was thereafter again visited on 27.02.2024 and it was observed that the industry was lying disconnected and not in operation. Now, the industry was visited on 23.05.2024 and it was observed that the industry was lying disconnected and not in operation
In view of above it is recommended that the case may be sent for consideration of the Competent Authority for final decision in the light of above mentioned facts, please.
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