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It is submitted that the subject cited industry is a medium scale orange category unit and was granted 'Consent to Operate' under Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Varied/LDH1/2020/11813836 dated 28/04/2020 and under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Renewal/LDH1/2020/11392499 dated 28/04/2020 both valid upto 30/09/2024 for Shopping mall only. To verify the compliance, undersigned was visited the industry on 19.02.2024 and it was observed as under:
1. The organization is a multiplex mall but there is occupation of only two restaurants i.e. M/s KFC Foods, M/s Mc-donald and 20 no. shops. There is one cinema M/s Solitare, which is also not in operation. The remaining shops/complex was vacant.
2. The multiplex has installed STP for treatment of domestic effluent. The effluent after treatment in STP is being discharged into public sewer. Collection tank O&G Trap → Bio-logical tank(1) Bio-logical tank(2) → chlorination tank → pre-filtration sump sand filter carbon filter → final discharged into sewer
3. During visit, STP was not in operation and lying defunct. 1 no. pipe with portable pump was provided from collection tank to Municipal Council sewer & untreated effluent was being discharged directly into sewer. One effluent sample was collected from effluent discharged into sewer.
4. The multiplex has installed water meter at submersible pump and reading during visit was 10674 KL. 5. The multiplex has two DG sets of capacity 500 KVA each with canopy & adequate stack heights.
Thereafter the shopping mall was given personal hearing before the Chief Environmental Engineer, Ludhiana on 28.03.2024 w.r.t show cause notice for revocation of 'Consent to Operate' granted under the Water Act, 1974 and show cause notice for violation of provisions under the Solid Waste Management Rules, 2016 due to non-compliance, during the hearing it was decided as under:-
1. Consent to operate granted to industry under the Water (Prevention & Control of Pollution) Act, 1974 be revoked.
2. The industry is advised to operate STP regularly and efficiently so as to achieve its prescribed standards and maintain its record.
3. The matter be referred to Competent Authority for imposition of Environment compensation for the damage caused to the Environment.
The point wise compliance of decisions personal hearing is as under:-
1. Consent to operate granted to industry under the Water (Prevention & Control of Pollution) Act, 1974 has been revoked by the Competent Authority vide letter no 1980-81 dated 04.04.2024.
2. The industry is operating STP regularly and efficiently so as to achieve its prescribed standards and maintain its record. The effluent samples were collected by the PBTI Lab and as per the results the parameters are within the prescribed limit.
3. The Environment compensation is calculated by the Regional Office for compliance of decision no. 3 for the period from first day of violation observed till the report of effluent samples received by the mall is as under:-
EC= PI*N*R*S*Lf PI= 50 (since project proponent is violating Water Act, 1974 & Air Act, 1981 and is Orange category industry) R= 100 (since project proponent is small scale Orange category industry, hence, R factor has been taken as 100) N= 102 days calculated w.e.f 19.02.2024 till 30.05.2024(from non-complying of discharge to latest sample complying with standards as per PBTI Lab) S= 0.5 since scale is small Lf= 1.25 since the project proponent is located in city with population less than 1 million EC= 50*102*100*0.5*1.25 EC= Rs 3,18,750/- Now, in this case EC = PI x N x R x S x LF where, EC is Environmental Compensation in ₹ PI = Pollution Index of industrial sector 50 (since the industry is violating Water Act, 1974 and Air Act, 1981 and is orange category industry, hence, PI = 40% of 50=20 for both Acts) N = Number of days of violation took place 102 days (19.02.2024 till 30.05.2024) R = A factor in Rupees ( ₹ ) for EC 100 (since industry is small orange category industry) S = Factor for scale of operation 0.5 (since scale is small) LF = Location factor 1.25 (population more than 1 million) EC = 50*102*100*0.5*1.25 Environmental Compensation= Rs. Rs 3,18,750/-
It is further submitted that the industry has also submitted completion/upgradation certificate dated 10/03.2024 along-with a copy of email dated 23.4.2024 addressed to PBTI, Mohali for collection of samples. Further the samples were collected by PBTI Mohali 30.5.2024. From above evidences the industry remained non-complying for 21 days. By that virtue, the EC comes out to be 50*21*100*0.5*1.25 Environmental Compensation= Rs. 65,625/-.
The case has been forwarded to EC verification committee separately through E-office file no. 236809 which is under process.
Now the industry has applied 'Consent to Operator' under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & control of Pollution) Act, 1981 with compliance of the hearing which is stated that the work of STP has been successfully completed by M/s Aryatech Enterprises on 10/March/24. The copy of the completion certificate is attached and after as per request of the mall the effluent sample was taken by PBTI, Mohali on 30.05.24 and as per the report received from the PBIT, Mohali the results are within the limits. The copy of the sample report is attached. The industry further assured that the STP is operated by us regularly and efficiently, segregating solid waste as per rules and made an agreement with M/s A2V Authorized firm by MCL. The copy of the same is also attached. The industry was visited by officer of this office on 08.07.2024 and observed as under:-
1. The mall was in operation.
2. The STP was also in operation & treated effluent is being discharged into sewer after STP.
3. The mall has installed 2 nos. DG sets of capacity 500 KVA each with canopy and adequate stack height provided.
4. The occupier has removed all the short comings earlier reported.
Since the industry is achieving the prescribed standards as per PBTI report dated 30.5.2024 it is therefore recommended that 'Consent to Operate' under Water (Prevention & Control of Pollution) Act, 1974 and under the Air (Prevention & Control of Pollution) Act, 1981 may be granted for further period (upto adequacy of fee deposited i.e. 30.09.2029) after getting the EC deposited from the industry, which has been sent to the EC verification Committee vide E office file no 236809.
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