| File Note: |
It is submitted that the industry was granted consent to operate under the Water Act, 1974 vide no. CTOW/Fresh/LDH1/2023/20727658 dated 20/01/2023 and under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Fresh/LDH1/2023/20727619 dated 20/01/2023 valid upto 30/12/2027 for the production of Ice Kulfi Candy @ 1000 Numbers/Day, Ice Cubes @ 0.5 MTD, Ice Cream @ 3 KLD and Kulfi @ 1000 Numbers/Day.
Earlier history
The industry was given personal hearing before the Senior Environmental Engineer, Zonal Office-I, Ludhiana on 26.04.2024 w.r.t. show cause notice for revocation / cancellation of consent to operate granted under the Water Act, 1974 and Air Act, 1981, wherein, it was decided as under:
1. The industry shall operate its ETP regularly and efficiently so as to achieve the prescribed standards of the Board and maintain the record to ensure regular operation of ETP.
2. The industry shall provide proper arrangement to discharge treated effluent onto land for plantation.
3. The industry shall ensure that there is no burning of solid waste in future and shall made proper arrangements for disposal of solid waste.
4. The industry shall apply for 'Consent to Establish' (NOC for expansion) under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for addition of Boiler of 1 TPH capacity, within 07 days.
5. The Environmental Engineer, Regional office shall visit the industry to verify the submission made by industry, collect effluent sample and submit report / recommendations in the matter Submitted for confirmation of decisions of the hearing and for conveying to the industry and Regional Office for compliance of above decisions, please.
Now, the subject cited industry has applied for obtaining ‘consent to establish'/ (NOC) under the Water Act, 1974 and Air Act, 1981 with requisite documents. The industry has deposited NOC fee against the project cost of Rs. 268.36 Lacs as per project report attached, which is adequate for one year as per Board's Office Order dated 29/10/2018.
To verify the compliance undersigned alongwith JSO, Zonal Lab, Ludhiana has visited the industry on 14.05.2024 and it was observed as under:
1. The industry was in operation.
2. The industry is engaged in manufacturing of Ice Kulfi Candy @ 1000 Numbers/Day, Ice Cubes @ 0.5 MTD, Ice Cream @ 3 KLD and Kulfi @ 1000 Numbers/Day.
3. The industry has installed 2 no. boilers of capacity 3 TPH (operational during visit) and Baby boiler (not in operation). It is pertinent to mention here that the industry has installed boiler of capacity 3 TPH without obtaining ‘consent to establish'/ (NOC) from the Board. During visit, stack sampling was conducted for boiler of capacity 3 TPH.
4. As per sample analysis report received from Board’s lab for sample collected from port hole after APCD on 14.05.2024, SPM is reported as 354 mg/Nm3 against the prescribed standard of 500 mg/Nm3.
5. It has installed ETP for treatment of trade effluent @ 1 KLD and same was found in operation.
6. As per sample analysis report received from Board’s lab for sample collected on 14.05.2024, all the parameters of sample collected from ETP outlet are within the prescribed standards of the Board except O&G, which is reported as 26.4 mg/ltr against the prescribed standard of 10 mg/ltr.
7. The industry has now maintained the plantation area within its premises.
8. The stack of boiler has now been provided with sampling arrangements.
In the subject cited case, the industry has mentioned ground water extraction @ 3.3 KLD. Considering 25 working days per month, ground water extraction will be 82.5 KL/month, which is more than 300 KL/month.
Site Suitability
There are no specific sitting guidelines for such type of industries. However, the subject cited industry is located in Industrial zone as per Master Plan (2010-2031) of Ludhiana.
Applicability of press note 17:
The press note 17 (1984 series was withdrawn by Ministry of Commerce and Industry vide letter no. 2(41)/2018-IL dated 11/09/2019.
Applicability of Factories Act, 1948:
As per policy of the Board, it is clearly mentioned that the Punjab Pollution Control Board will decide the applications for consent to establish (NOC) of all industries to be set up in designated/ approved areas such as Industrial Area/ Industrial Estate / Industrial Focal Point/ Approved Industrial Park / Industrial Zone of the Master Plan. However, the Site Clearance u/s 41 (A) of the Factories Act, 1948 will not be necessary for grant of consent to establish/ operate/ authorization by the Board. It is submitted that the subject cited industry is located in Industrial zone as per Master Plan (2010-2031) of Ludhiana. Therefore, there is no requirement of Site Clearance u/s 41 (A) of the Factories Act, 1948.
In view of the above, may if approved, it is recommended that the industry may be issued Show cause notice before refusal of ‘consent to establish'/ (NOC Expansion) with an opportunity of personal hearing before the Competent Authority of the Board.
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