| 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. RO/PTA/APC/2001/F-75 dated 27/02/2001, valid upto 26.02.2015 for manufacturing of Bricks @ 25000 Nos./day subject to the conditions as mentioned therein.
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 induce 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.
Now, regarding Environment Compensation, the industry has submitted a copy of coal register as certified by Chartered Accountant (CA) for the period February, 2019 to January 2020, showing that the brick kiln was operated only in the month of April 2019 to May 2019 (2 months) as per coal register verified by Chartered Accountant.
Accordingly, the industry vide receipt no. 91/5350 dated 06.05.2024 had deposited Rs. 40000/- as Environment Compensation for operating its unit in the period April, 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 22.01.2020.
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 Nos./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. 8.53 lakh as on 31.0.2024:
Water Consent Fee Rs. 13200 Rs. 13200/- vide UTR no. 203627529 dated 24/05/2024 Adequate upto 30.09.2030
Water Penalty Fee Rs. 7700/- Rs. 7700/- vide UTR no. 203627529 dated 24/05/2024 Adequate w.e.f 01.11.2018
Air Consent Fee Rs. 16450/- Rs. 16450 /- vide UTR no. 238031786 dated 24/05/2024 Adequate upto 30.09.2030
Air Penalty Fee Rs. 7700/-
vide UTR no. 238031786 dated 24/05/2024
Application form fee Rs. 500/- vide online receipt no. 238031786 dated 24/05/2024
The brick kiln was visited by the officer of the Board on 14.05.2024 & contacted sh. Sahil Garg, Munshi of the industry & it was observed as under:
1. The brick kiln was found in operation.
2. The brick kiln was found using crushed coal as fuel in its kiln.
3. Black smoke was observed from the chimney of the brick kiln.
4. The brick kiln has not provided a ladder & platform with the stack to facilitate emission sampling.
5. The brick kiln has not provided stabilized vehicular movement area.
6. The brick kiln has provided soakage pits for discharge of its waste water without any treatment.
7. The brick kiln has not provided adequate plantation along with its boundary
The brick kiln was found violating the provisions of the Water (Prevention and Control of Pollution) Act, 1974 & the Air (Prevention and Control of Pollution) Act, 1981 due to above said observation and by operating its unit without having valid consents under the said Acts
Therefore, the industry was issued show cause notice for violation of the provisions of Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 with an opportunity of personal hearing on 28.05.2024 (postponed on 13.06.2024).
Sh. Sahil Garg, Partner of the industry attended the hearing and informed that they have now provided new septic tank for treatment of domestic effluent generated from washing area as well as toilets for office purpose and has also provided brick kaira on the vehicle movement area. He further informed that they will provide proper sampling arrangement on its stack within 7 days. It is informed that new plantation will be provided immediately after the start of upcoming monsoon season.
After hearing the officer of the Board and representative of the industry, it was decided as follow:-
1. The brick kiln shall comply with the observations made during visit to the industry, within 7 days.
2. The industry shall apply for obtaining fresh consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and under the Air (Prevention & Control of Pollution) Act, 1981, immediately.
3. Assistant Environmental Engineer, Regional Office, Patiala shall visit the brick kiln, after 7 days, to verify the compliances to be made by the brick kiln, collect emission sample of the brick kiln & process the consent application of the brick kiln on merit.
4. It was made clear to the brick kiln that if the brick kiln failed to comply with above decisions, further action shall be taken against the brick kiln without any notice/opportunity.
The Proceedings for conveyed to the industry vide this office letter no. 1472 dated 14.06.2024.
Accordingly, the brick kiln is re-visited by the officer of this office on 18.06.2024 and it was observed as under:
• The industry is a brick kiln unit and was found in operation.
• Crushed coal is used as fuel.
• No black smoke was observed from the stack
• 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 is yet to provide sampling arrangements with the stack of brick kiln. The representative of the brick kiln requested that the same can only be provided after stop of the operation of kiln due to very high temperature at its stack. He assured to provide the same within 15 days.
• The brick kiln has provided septic tank for treatment of domestic effluent.
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. Accordingly, the industry had obtained design adequacy-cum-completion certificate from CBRI, Roorkee after conversion to induced draft technology dated 22.01.2020
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 under the Air (Prevention & Control of Pollution) Act, 1981 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 brick kiln shall provide proper sampling arrangement at its stack immediately.
II. The industry shall get its stack emission sampling done from Board’s lab immediately.
III. The brick kiln will comply with the orders of the Hon'ble Punjab & Haryana High Court, Chandigarh from time to time regarding usage of minimum 20% paddy straw pellets as fuel in the brick kiln along with coal.
IV. 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)
V. 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.
VI. 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.
VII. 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.
VIII. 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.
IX. 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.
X. The industry shall stack its raw brick for baking in zig-zag pattern as recommended by the technology provider as approved by the Board.
XI. The industry shall clean the air pollution control system at regular intervals.
XII. 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.
XIII. 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.
XIV. The industry shall put up display board indicating environment data at the main entrance gate.
XV. The BKO shall also obtain NOC/permission from the other Govt. Department, if need be.
XVI. 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.
XVII. 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.
XVIII. 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) |
