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It is submitted that the unit was granted 'consent to operate' under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Renewal/RPN/2021/16026341 dated 26.11.2021 which was valid upto 30.07.2022 and under the Air (Prevention &Control of Pollution) Act, 1981 vide no. CTOA/Fresh/RPN/2018/7247422 dated 15.05.2018, which is valid upto 31.03.2021 for Processed Chicken @ 5 MTD and using raw material as Dressed Chicken @ 5 MTD subject to conditions as mentioned therein.
The industry was issued show cause notice under the provisions of the Water Act, 1974 and the Air Act, 1981 before the Chairman of the Board on 02.06.2023 and it was decided as under:
1. M/s ROC Foods Limited and M/s Star Foods Limited, Village Banmajra, Kurali Ropar Road, District Rupnagar shall deposit Environmental Compensation amounting to Rs. 25 lakhs each to the Board within 15 days.
2. Both the industries shall ensure the common ETP installed by them be operated regularly and efficiently.
3. Both the industries shall apply for consent to operate under the Water Act, 1974 and Air Act, 1981, immediately.
Thereafter, the industry has applied for obtaining renewal of consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and same was processed through OCMMS.
In compliance of the hearing decisions, the site was visited by officers of this office 01.08.2023 and Sh. Surjit Singh was contacted and during visit it was observed as under:
1. The industry is engaged in business of production of ready to eat veg/non-veg products and same was in operation.
2. Manufacturing of processed chicken is as follow:
(Dressed Chicken) Raw material -> Griding/chopping/forming - cooking -> packing -> storage -> dispatch.
3. The industry has installed ETP of capacity 700 KLD being used commonly by M/s ROC foods ltd and M/s Star foods and the same was in operation. The components of the ETP are Bar Screen, oil and; grease trap, equalisation tank, chemical dosing tank, primary tube settlers (2 no. in parallel), FAB-1, FAB-2, Secondary tube settlers(02 nos. in series), extended aeration tank, secondary tube settlers (02 nos. in series), pre- filtration tank, sand filters, carbon filters.
4. The wastewater generated from the washing of utensils/floor washing is going to common ETP for the treatment. The common ETP was in operation and treated effluent is being utilized onto land for plantation area developed within the premises by connecting flexible pipe. During visit, all the diffusers of equalization tanks were found not working.
5. The industry has installed electromagnetic flow meter at the final outlet of the ETP. The industry is maintaining the record of wastewater treated through the ETP. As per the record maintained by the industry, presently 70 KLD of wastewater is being treated in the ETP.
6. The industry has installed 03 no. DG sets of capacity of 500 KVA each which are equipped with canopy and stack of adequate height.
It is further pertinent to mentioned here that the industry has filed an appeal against the decision of the hearing dated 02.06.2023 and the next date of hearing is fixed for 05.09.2023.
The industry has failed to deposit the Environmental Compensation amounting to Rs. 25.00 lakhs as per decision no. 2 from the above, it is clear that the industry is not complying with the decision of hearing dated 02.06.2023.
Accordingly, the industry was issued show cause notice for refusal of consent to operate applied under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 vide Board’s letter no. 6662 dated 20.08.2023 alongwith an opportunity to show cause in writing within 10 days from the issue of this notice, to explain your position on the above observations, failing which, it will be presumed that the industry has nothing to say in the matter and action as per provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 will be taken without any further notice / opportunity.
It is submitted that the industry has given the reply of the Show Cause Notice. After perusal of the SCN reply, it was observed that the industry has upgraded the equalization tank by installing diffuser. The industry has not deposited Environmental Compensation amounting to Rs. 25 lakhs and claiming that their unit is not major contributing of pollution load in the ETP. Therefore, the industry has also filed appeal before the Hon'ble appellate authority which is still pending.
Further, the matter was discussed with the SLO and he has informed that the subject cited consent applications cannot be refused to the industry as it has gone into appeal before the Appellate Authority, for which decision is yet to be taken by the SSTE. Looking at the prevailing situation and in order to avoid long pendency of the application, the competent authority of the Board decided to return the consent application applied under Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control of Pollution) Act, 1974. However, only air application was returned and water application was refused as there is no provision in the portal to return the application once it is refused by any of the authority.
Thereafter, the Appellate Authority vide order dated 04.01.2024 decided that (Copy attached):
“6) After hearing the parties, I have also examined the relevant record of the case, it is observed that the effluent of both the industries is being treated in a common effluent treatment plant. The quality and quantity of generation of effluent in both the industries is not the same. The contribution of M/s Star Foods and ROC Foods in terms of effluent is in the ratio of 85:15. However, it is the combined responsibility of both the industries to maintain and operate the effluent treatment plant in smooth and efficient manner. From the arguments advanced by the parties, it is observed that M/s Star Foods has already deposited the amount of Rs. 25 Lakh towards Environmental Compensation. Keeping in view the above facts and the fact that the treated effluent, which was found marginally beyond the prescribed limits is being utilized onto land for plantation, I deem it appropriate to relegate the case to the Chairman, Punjab Pollution Control Board with a direction to keep in abeyance the decision for imposition of Environmental Compensation upon ROC Foods Ltd. The Chairman, Punjab Pollution Control Board shall issue necessary instructions for periodic inspection of the appellant industries over a period of next three months. If any violation is observed then necessary action may be taken accordingly.
7) The appeal stand disposed of in above terms. The file be consigned to record”
Now, the industry has applied for obtaining renewal of consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 alongwith requisite documents.
The industry has submitted CTO fee under the Water Act, 1974 Rs. 126000/- vide R. No. 445191716 dated 19.04.2023 Rs. 84000/- vide R. No. 248328254 dated 18.01.2023 and under the Air Act,1981 Rs. 42000/- vide R. No. 306291886 dated 22.07.2021 Rs. 210000/- vide R. no.318875447 dated 26.04.2023. The consent fee deposited under the Water Act, 1974 is adequate upto 30.07.2025. The consent fee deposited under Air (Prevention & Control of Pollution) Act, 1981 is not adequate. The industry needs to deposited Rs. 84000/- under Air (Prevention & Control of Pollution) Act, 1981 to make the consent fee adequate upto 31.03.2025.
The industry has submitted compliance report of the conditions of the previous granted consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.
The site of the industry was visited by the Environmental Engineer, RO, Rupnagar alongwith the undersigned on 30.04.2024. During the visit, it was observed as under:
1. The industry is engaged in business of production of ready to eat veg/non-veg products ration.
2. The slaughtering and rendering process was not in operation. The representative informed that slaughtering is done in early morning. During visit, packing of raw chicken of cooling of sausage was in operation.
3. Manufacturing of processed chicken is as follow
(Dressed Chicken) Raw material -> Griding/chopping/forming - cooking -> packing -> storage -> dispatch.
4. The industry has installed ETP of capacity 700 KLD being used commonly by M/s ROC foods ltd and M/s Star foods and the same was in operation. The components of the ETP are Bar Screen, oil and; grease trap, equalisation tank, chemical dosing tank, 2 primary tube settlers, FAB-1, FAB-2, 2 Secondary tube settlers, extended aeration tank, 2 tertiary tube settlers, pre- filtration tank, sand filters, carbon filters. Some foaming / overflow of wastewater in FAB-1 was observed.
5. The industry has installed 2 no. secondary tube settlers and 02 tertiary tube settlers, out of 4 tube settlers, 2 were not in operation.
6. The wastewater generated from the washing of utensils/floor washing is being treated in common ETP. The common ETP was in operation and treated effluent is being utilized onto land for plantation. The plantation area of the industry was also visited and it was observed that the same is developed as per Karnal Technology in 8 acres. However, lot of wild growth was observed in the plantation area and the treated wastewater was not being distributed evenly in the plantation area.
7. The industry has installed electromagnetic flow meter at the final outlet of the ETP. The reading of watermeter provide at outlet of 87702 KL. The industry is maintaining record of operation of ETP. As per the record maintained by the industry, presently ~200 KLD of wastewater is being treated in the ETP.
8. During visit, the effluent samples were collected and sent to Head Office, laboratory, as per analysis report received vide Head Office endst. No. 11898-900 dated 13.05.2024, the conc. of the parameters were found beyond the permissible limits of the Board as tabulated below:
Sr. No. Parameters Outlet of ETP Aeration Tank Prescribed Standards
1. pH 7.7 - 6.5-8.5
2. Total Suspended Solids, mg/l 118 - 50
3. Total Dissolved Solids, mg/l 1270 - -
4. Chemical Oxygen Demand, mg/l 104 - 250
5. Bio-chemical Oxygen Demand, mg/l 35 - 30
6. Oil & Grease, mg/l 6.0 - 10
7. Mixed Liquid Suspended Solid mg/l - 1740 -
8. Mixed Liquid Volatile Suspended Solids, m/gl - 710 -
9. The industry has installed 03 no. DG sets of capacity of 500 KVA each which are equipped with canopy and stack of adequate height
As clear from the above, the industry is not complying with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the industry has not deposited adequate fee under Air (Prevention & Control of Pollution) Act, 1981.
In view of the above, may if approved, it is recommended that show cause notice for refusal of consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 may be issued to the industry due to violations mentioned above as well as in compliance to the decisions of Appellate Authority.
Competency: Worthy Chairman of the Board (as per orders of Appellate Authority)
(Deemed approval: 11.06.2024)
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