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Subject: Proceedings of the personal hearing given to M/s Citi Developers, Project: Motia Blue Ridge, Vill. Peemuchalla, PO Dhakoli, Zirakpur, Distt. SAS Nagar w.r.t (1) SCN for refusal of varied consent to operate applied under the Water Act, 1974 and the Air Act, 1981, (2) SCN for refusal of consent to establish (NOC) from pollution and (3) Non-compliance of the decisions of hearing dated 3/5/2023 held before the Chairman of the Board before the Chairman of the Board on 27/5/2024
The following were present:
From Board's side:
Er. Pardeep Gupta, Chief Environmental Engineer (P)
Er. Lavneet Kumar, Senior Environmental Engineer (ZP-1)
Er. Navtesh Singla, Environmental Engineer (ZP-1/2)
From Project side:
Sh. Pawan Bansal, Director
Sh. Deepak Gupta, Consultant
The officers of the Board brought out that the project proponent had obtained environmental clearance under EIA notification dated 14/9/2006 with total built up area as 71985 Sqm, including 472 flats vide no. SEIAA/2018/205 dated 26/2/2018 with the name of project as “Citi Avenue”.
As per environmental clearance granted to the project proponent, the total wastewater generation was proposed as 255 KLD, which will be treated in a STP of capacity 400 KLD based on SBR technology. The project proponent had proposed to install STP of capacity 300 KLD, at the time of NOC granted by the Board. The project proponent has proposed to utilize 106 KLD for flushing purposes, 35 KLD in green area and 114 KLD into sewer.
The project proponent was granted consent to establish (NOC) from pollution angle under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTE/Fresh/SAS/2018/7262983 dated 29/5/2018, valid upto 22/5/2020 for development of residential project in an area of 6.4 acre (built up area: 58,970 sqm) having 480 residential flats and for total wastewater 288 KLD, 108 KLD for flushing purposes, 122 KLD in green area and 158 KLD into sewer.
The project proponent was granted consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Fresh/SAS/ 2022/17524036 dated 14/1/2022, valid upto 13/1/2023 and the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Fresh/SAS/2022/17524030 dated 4/1/2022, valid upto 3/1/2023 for partial consent for 164 Flats (Project namely “Citi Avenue”) having total Domestic Effluent @ 89.0 KLD and after passing through STP, 37 KLD for Flushing, 18 KLD for Green area and rest into sewer with the suitable conditions mentioned therein.
The project proponent had applied for obtaining varied consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 for @ 252 flats with total wastewater generation @ 151 KLD out of which 57 KLD for flushing purposes and 31 KLD for green area and rest 63 KLD into the sewer after treatment in STP.
The site of the project was visited by officer of the Board on 22/12/2022 and it was observed as under:
1) The civil construction work of 4 towers is complete and finishing work of few flats was under progress. During the visit, as physically observed, number of flats in above 4 towers are occupied.
2) The project proponent has installed STP of capacity 300 KLD. However, as per Environment Clearance granted, the project proponent needs to install the STP of capacity 400 KLD based on SBR technology.
3) The STP installed was lying non-operational and no record regarding the operation and maintenance of STP is being maintained. Untreated water was being discharged into the sewer.
4) The project proponent is not complying with the terms and conditions of consent to operate as well as consent to establish (NOC) granted and with the terms and conditions of Environment Clearance.
5) The project proponent is not using treated effluent for flushing purpose.
6) The project proponent has not installed mechanical composter/ not constructed vermi composting pits.
7) The project proponent is not maintaining any data regarding abstraction of groundwater.
8) Untreated wastewater was being discharged into sewer.
Thereafter, the project proponent was served show cause notice for refusal of varied CTO applied under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and also served show cause noticed for refusal of extension in the validity of consent to establish (NOC) granted under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 alongwith an opportunity to submit reply within 7-days vide Board's letter no. 347-48 dated 18/1/2023. But, the project proponent was failed to submit any reply in the matter.
The varied consent to operate applied by project proponent under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 was refused vide Board's letter no. 1416-17 and no. 1418-19 dated 28/2/2023 due to the above mentioned reasons.
The extension in the validity of consent to establish (NOC) granted under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 was also refused vide Board's letter no. 1414-15 dated 28/2/2023 due to the above mentioned reasons.
Thereafter, the project proponent was served notice to issue directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide Board's letter no. 1437-38 dated 28/2/2023 alongwith an opportunity of personal hearing on 10/3/2023 before the Chairman of the Board. Neither any representative of the project proponent attended the hearing nor submitted any reply in the matter.
It was decided that another opportunity of personal hearing be given to the project proponent. The Environmental Engineer, PPCB, RO, SAS Nagar shall ensure that a copy of the hearing notice shall be sent through WhatsApp & email also and delivered in person to the project proponent. If the project proponent fails to attend the hearing, then directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 shall be confirmed and Environmental Compensation of Rs. 37,92,000/- be imposed on the project proponent without further opportunity/ notice.
The proceedings of the hearing were also conveyed to the project proponent with a copy to Regional Office, SAS Nagar vide Board’s letter no. 2572-73 dated 13/4/2023 for compliance of the decisions of the hearing.
The project proponent was given another opportunity of personal hearing u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide Board's letter no. 2574 dated 13/4/2023 alongwith an opportunity of personal hearing on 28/4/2023. After hearing, the Chairman of the Board decided as under:
1) The project proponent shall submit bank guarantee of Rs. 20.0 Lakhs, as an assurance to comply with the provisions of the Environment Laws, within 7-days with the Environmental Engineer, Regional Office, SAS Nagar.
2) The project proponent shall operate its existing STP regularly and efficiently so as to achieve the prescribed standards.
3) The project proponent shall upgrade the existing STP of adequate capacity i.e. upto 400 KLD in its existing land reserved in its project, within two months.
4) The project proponent shall provide water meter at the source of fresh water supply and as the outlet of STP. The project proponent shall maintain the record of the same so as to verify the water balance statement.
5) The project proponent shall immediately provide mechanical composter for conversion of solid waste into compost.
6) The project proponent shall remove/ comply with all the shortcomings pointed out in Board's letter no. 1437-38 dated 28/2/2023, failing which Board will consider to impose directions issued u/s 33-A of the Water Act, 1974 vide Board’s above said letter without giving any further opportunity/ notice.
7) The Environmental Engineer, Regional Office, SAS Nagar shall visit the project to verify the contentions of the project proponent, raised during the hearing and also to review the progress of STP being upgraded by the project proponent, compliance of environmental laws and send his report/ recommendations accordingly.
The proceedings of the personal hearing were conveyed to the project proponent with a copy to Regional Office, SAS Nagar vide Board's letter no. 3847-48 dated 24/5/2023 for making compliance.
The project site was visited by the officers of the Board on 9/6/2023 and it was observed as under:
1) The project proponent has completed the construction of 164 flats in tower no. 7, 8, 11 and 12. The representative informed that at present 57-58 flats are occupied. Further, structure work of 88 flats in tower no. 9 & 10 has been completed. Construction work of tower no. 1 to 8 is yet to start.
2) The project proponent has installed STP of 300 KLD for the treatment of waste-water which was not in operation at the time of visit and was later on made it operational. The representative of the project proponent informed that the operator has gone for lunch, hence the STP was shut down. The representative was advised to ensure 24 hrs operation of aeration blower of STP. Reading of water meter on outlet of STP was 610 m3 and reading of energy meter was 5 kwh. The project proponent has started maintaining record of STP, however the format was not proper and was advised to maintain proper record. As per record checked from 25.05.2023 to 09.06.2023, only 60 KL water has been disposed from the outlet of STP. Sample from outlet of STP was collected and sent to HO lab for analysis. The treated water is used for plantation and MC sewer as informed by representative. The representative was advised to install separate meter to note the readings.
3) The project proponent has installed 1 borewell and water meter has been installed. As per record checked from 25.05.2023 to 09.06.2023, 1790 KL water has been abstracted. Considering the qty of water abstracted and water treated in STP, it is clear that the pp is bye-passing the untreated effluent from some point.
4) The solid waste is disposed off to 3rd party and no composter has been installed for insitu management of solid waste.
5) The project proponent has installed Dg set of 320 KVA with canopy and adequate stack height.
6) The pp has developed green area of 5640 sqm.
7) The location of STP is not the same as given in approved plan.
8) The project proponent has not installed anti smog gun at the site.
9) The project proponent has failed to submit BG amounting to Rs 20 Lacs in compliance of hearing decisions dated 28.04.2023.
10) The project proponent has failed to get the validity of CTO extended which has expired on Jan'23 and also failed to get the extension of NOC which has expired on 22.05.2020.
The project proponent has failed to comply with the decisions of the personal hearing given to it on 28/4/2023.
The matter was again considered by the Competent Authority and it was decided to issue notice u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 for proposing closure of the project after affording an opportunity of personal hearing, due to aforesaid violations.
Accordingly, the project proponent was served notice to issue directions 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide Board's letter no. 1437-38 dated 28/2/2023 alongwith an opportunity of personal hearing by the Chairman of the Board on 1/9/2023.
And whereas, after hearing, the Chairman of the Board decided as under:
1) The project proponent shall apply for obtaining consent to operate as required under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 alongwith requisite documents within 7-days.
2) The project proponent shall submit revised plan w.r.t new location of STP within one month.
3) Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar shall visit the project site, within 7-days to verify the compliance of decisions of hearing as well as compliance of conditions mentioned in the Environmental Clearance granted to it under EIA notification dated 14/9/2006.
The proceedings of hearing were also conveyed to the project proponent with a copy to Regional Office, SAS Nagar vide Board's letter no. 7335-36 dated 22/9/2023 for making compliance. To verify the compliance, the site of the project proponent was visited by officer of the Board on 16/12/2023 and it was observed as under:
1) The project proponent has completed the construction of 164 flats in tower no. 7, 8, 11 and 12. The representative informed that at present 72 flats are occupied. Further, structure work of 3 towers is under construction and 3 are yet to be started.
2) The project proponent has installed STP of 300 KLD for the treatment of wastewater which was in operation at the time of visit.
3) The project proponent is not writing correct readings in the register and is manipulating the same. Further, no record regarding re-use of treated water for flushing purpose is being maintained by the project proponent.
4) The project proponent has not provided ultrafiltration with its STP and as such use of treated water for dual flushing is doubtful.
5) The project proponent has installed one borewell and water meter has been installed and the reading was noted to be 2645.6 KL. However, the record of the same seems to be manipulated. As per record only 5-6 KL of fresh water is abstracted daily, which does not seem to be in order.
6) The project proponent is getting solid waste lifted through 3rd party and has not installed mechanical composter.
7) The location of STP is not the same as given in approved plan.
8) The project proponent has not installed anti-smog gun at the site.
9) The project proponent has failed to get the validity of consent to operate extended which has expired on Jan'23 and also failed to get the extension of NOC which has expired on 22/5/2020.
The project proponent was served notice for non-compliance of the decisions of the hearing given by the Chairman of the Board on 1/9/2023 vide Board’s letter no. 10542-43 dated 31/1/2024 alongwith an opportunity of personal hearing before the Chairman of the Board on 22/2/2024.
The representative of the project proponent attended the hearing and failed to give satisfactory reply of notice issued to the project proponent. He informed during hearing that he is not aware about the contents of the notice and shown his inability to give reply of notice. It was further brought to the knowledge of the Competent Authority that project proponent has not complied with decisions of the personal hearing earlier held on 28/4/2023. Also, as per the decisions of the said hearing, the project proponent has failed to submit bank guarantee amounting to Rs. 20.0 Lakhs as an assurance to comply with the provisions of the Environmental Laws.
The Competent Authority has taken very serious view of non-seriousness of the project proponent.
After hearing, the Chairman of the Board decided as under:
1) The project proponent shall submit bank guarantee of Rs. 20.0 Lakhs, as an assurance to comply with the provisions of the Environment Laws, immediately with the Environmental Engineer, Regional Office, SAS Nagar. The 50% amount of said bank guarantee amounting to Rs. 20.0 Lakhs furnished by the project proponent i.e. Rs. 10.0 Lakhs shall be encashed, due to the violations made by the project proponent.
2) Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar shall visit the site of the project immediately to verify the latest status of compliances made by the project proponent immediately and thereafter send the report with recommendations.
3) The project proponent shall be heard again in the second week of March, 2023 and directors of the project shall be directed to remain present during the hearing.
4) The Environmental Engineer, PPCB, RO, SAS Nagar shall ensure that a copy of the hearing notice shall be sent also through WhatsApp/ e-mail/ delivered in person to the project. If project proponent again fails to attend the said hearing then action as deem fit under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 shall be taken without giving further opportunity/ notice.
The project proponent has applied for obtaining varied consent to operate (for 252 Flats) as well as fresh consent to establish (NOC) (for 472 Flats) under the Water (Prevention & control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981.
The project proponent has submitted the project report and as per which the total estimated population of the project will be 2360 persons. The total water requirement of the project will be 354 KLD and treated water @ 106.0 KLD will be used for flushing and remaining 35 KLD for green area and rest into sewer. The project proponent has proposed to install STP of capacity 400 KLD consisting of collection tank, FAB reactor, secondary tube settler, clear water sump, dual media filter and sludge drying beds for treatment of wastewater generated from the project.
The project proponent has installed 2 nos. D.G sets of capacity 320 KVA & 125 KVA, both are equipped with canopies and adequate stack height.
The site of the project was visited by officer of the Board on 4/5/2024 and it was observed as under:
1) The project proponent has completed the construction of 252 flats in tower 6 no. toward. The representative informed that at present 72 flats are occupied. Further, structure work of 1 more towers is under construction.
2) The project proponent has installed STP of 300 KLD for the treatment of wastewater which was in operation at the time of visit.
3) The total water requirement of the project is 189 KLD for 252 flats at full occupancy and the generation of the waste water @ 151 KLD, which is treated in STP. The treated water @ 57 KLD is used for flushing and remaining 31 KLD for green area and rest into sewer.
4) The project proponent has installed 2 nos. D.G sets of capacity 320 KVA & 125 KVA, both are equipped with canopies and adequate stack height.
5) The project proponent has submitted approved site plan from MC Zirakpur.
6) The project proponent has already submitted the copy letter issued by MC, Zirakpur vide no. 3791/BB dated 12.10.2017 that MC, Zirakpur has no objection for discharging sewage of project in MC sewer after submission of applicable connection and other requisite charges by the project proponent.
7) The STP was in operation during the visit and as per operational record maintained by the project about 25-30 KLD of effluent is being treated daily in the STP.
8) The project proponent has made arrangements for utilization of treated domestic effluent for irrigation as well as dual plumbing.
9) The project proponent has installed mechanical composter of capacity 300 kg/day for treatment of wet waste.
10) The project proponent has submitted that the STP provided currently is partial in nature (300 KLD) and has been provided at farthest distance from the residential towers. The amendment in building plans will be obtained, when the STP of full capacity is installed in the project.
The project proponent has now submitted request letter dated 19/4/2024 which is reproduced as under:
‘It is humbly requested that the hearings could not be attended due to emergent circumstances. The project is fully complying with the environmental laws and we are always law abiding. The consent to operate application has been applied through online. Kindly exempt us from imposition as well as encashment of Bank Guarantee.
The project proponent is not complying with the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and decisions of personal hearing held from time to time. It was proposed to refuse the varied consent to operate as well as fresh consent to establish (NOC) applied under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981, after affording an opportunity of show cause-cum-personal hearing.
The project proponent was served show cause notice for refusal of varied consent to operate applied under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 (2) show cause notice for refusal of consent to establish (NOC) from pollution and (3) Non-compliance of the decisions of hearing dated 3/5/2023 held before the Chairman of the Board vide Board's letter no. 946-47 dated 16/5/2024 alongwith an opportunity of personal hearing before the Chairman of the Board on 27/5/2024.
The director of the company attended the hearing and he informed that the project has not yet been completed. A revised layout plant w.r.t location of STP will be submitted after the completion of the project. He further informed that the project is likely to be completed within six months. He requested to waive off the decision of earlier hearing w.r.t submission of bank guarantee amounting to Rs. 20 Lakhs. However, he proposed that CER activities amounting to Rs. 10 Lakhs will be carried in consultation with the Board.
After hearing the officers of the Board and the representative of the project, the Chairman of the Board decided as under:
1) NOC/ consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 be granted to the project proponent for one year, subject to suitable conditions.
2) The project proponent shall submit revised approved layout plan w.r.t location of STP alongwith completion certificate of the project within six months to the O/o Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar.
3) The project proponent shall submit proposal to carry out CER activities amounting to Rs. 10 Lakhs to the Board within 15-days in the O/o Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar. Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar shall then process for approval of the same from the Competent Authority with his recommendations.
If approved, proceedings of the personal hearing as above may be conveyed to the project and Environmental Engineer, PPCB, RO, SAS Nagar for compliance and sending the report, respectively.
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