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It is submitted that the industry was granted consent to operate under the Air Act, 1981 vide no. CTOA/Fresh/FZR/2016/4602465 dated 24.10.2016 for operation of brick kiln with Bulls-Trench Kiln (BTK) technology to produce brick & tiles @ 30,000 numbers/day, with validity up to 26.06.2022, subject to conditions mentioned therein.
A public notice was issued by the Board in all the leading newspapers on 02.11.2018 regarding orders of Hon’ble NGT, New Delhi dated 24.10.2018 with the directions to all brick kilns in the State of Punjab to not to operate on bull trench kiln technology w.e.f. 01.02.2019 and it was also clearly mentioned in the public notice that the consent to operate already granted to the brick kiln will automatically deemed to be suspended w.e.f. 01.02.2019.
Further, Government of Punjab has issued the directions u/s 5 of the Environmental (Protection) Act, 1986 issued vide order the State Govt., Department of Science, Technology & Environment vide no. 10/48/2019-STE (5)/1491442/1 dated 28.05.2019 to the brick kilns in the State of Punjab as under –
1. No conventional brick kiln with natural drat technology shall be allowed to operate beyond 30.09.2019.
2. The brick kilns which are continuing to operate and are in the process of conversion to induced draft technology with zig-zag setting / yet to start the process of such conversion are required to pay environmental compensation on the basis of 'polluter pays principle' to the Board with effect from 01.02.2019 till the adoption of induced draft technology with zig-zag setting as under:-
i. Rs, 25,000/- per month for kiln of capacity equal to or more than 30000 bricks/day.
ii. Rs. 20,000/- per month for kiln of capacity less than 30000 bricks/day.
These orders were conveyed to the brick kiln vide letter no. 4395 dated 29.08.2019 for compliance. However, the brick failed to submit any compliance in this regard.
The brick kiln was visited by the officer of the Board on 24.12.2019 and it was observed that the brick kiln was in operation without adopting induced draft zig-zag technology, therefore, consent granted to the brick kiln under the Air Act, 1981 was cancelled vide letter no. 2059 dated 20.01.2020.
Thereafter, a meeting was taken by the Chairman, Punjab Pollution Control Board with the Punjab Brick Kiln Association on 28.1.2020 at 11:00 am in the Committee Room, Head Office, Patiala regarding compliance of Govt. orders dated 28.05.2019 with the issue of laying down guidelines/procedures for making payment on account of environmental compensation. In light of the submissions made by the association and after deliberating the issue, it has been decided as under:
(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 induced draught 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 a documentary evidence.
b) For the Brick Kiln, which are using fuel other than authorized 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.
c) 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. 01.11.2018 subject to the ex-post facto approval of the Board.
Thereafter, the brick kiln was again visited by the officer of the Board on 14.12.2021 and it was observed that the brick kiln was not in operation, however, adopted induced draft zig-zag technology. No completion drawing has been submitted in this regard. During visit, the representative of the brick kiln was advised to apply for 'consents to operate' of the Board under the Water Act, 1974 and the Air Act, 1981 and to deposit environment compensation to the Board. But, the industry has failed to do the needful.
The brick kiln was issued notice u/s 31-A of Air Act, 1981 vide letter no. 1403 dated 16.03.2022 to file objections (if any) within 10 days, on the proposed directions, but the brick kiln failed to submit reply of notice issued to it. However, the brick kiln has neither applied for obtaining 'consents to operate' of the Board under the Water Act, 1974 & Air Act, 1981 nor submitted any compliance in this regard.
Thereafter, the brick kiln was afforded an opportunity of personal hearing before the Hon'ble Chairman of the Board on 15.06.2022 (postponed to 30.06.2022 & further postponed to 5.7.2022). But neither any representative of the brick kiln attended the hearing nor submitted any reply.
Accordingly, the BKO was issued directions u/s 31-A of the Air Act, 1981 vide Board's letter no. 3621 dated 22.07.2022 "That the brick kiln shall not operate its unit without obtaining valid consent to operate of the Board under the Air Act, 1981" and DFSC, Ferozepur was requested vide Board's letter no. 3622 dated 22.07.2022 not to renew/ restore license of the brick kiln without consent of the Board.
The industry has now applied for consent to operate under the Water Act, 1974 & consent to operate under the Air Act, 1981 on 03.07.2024 through OCMMS along with relevant documents for its operation after adopting induced draft technology with zig-zag firing to manufacture bricks and tiles @ 30,000 nos./day, detail of case as under:
i) The kiln has submitted provisional completion certificate issued by Central Building Research Institute (CSIR), Roorkee on 22.07.2021 regarding that brick kiln has constructed Induced Draft Brick Kiln with Zig-zag technology, rectangular in shape as per CSIR-CBRI design. Design detail have been given by our licensee M/s Pollution Consultants & Engineers, Faridabad via drawing no. 21/515.
ii) The kiln has submitted CA certificate dated 12.06.2024, showing gross fixed assets of Rs. 15.08/- lakhs.
iii) The kiln has deposited consents fee of Rs. 25,000/- vide UTR/Ref. no. N179222014615299 dated 28.06.2022 under the Water Act, 1974 and Rs. 22,000/- vide UTR / Ref. no. N179222014621515 dated 22.06.2022 under the Air Act, 1981, which is adequate upto 30.09.2026 under both the Acts. The BKO has further deposited NOC fee of Rs. 1800/- vide UTR/Ref. no. N179222014622655 dated 28.06.2022, which is adequate.
iv) The kiln has submitted coal register from period upto Feb, 2019 to July, 2021, attested by CA and partner of firm. As per coal register submitted by the BKO, it has operated the brick kiln from Feb, 2019 to Dec, 2019 with FCBTK technology.
v) The kiln has submitted an undertaking (duly attested by CA) through proprietor Sh. Sanjiv Kumar S/o Sh. Jagir Chand R/o Village Hazi Betu, Guruharsahai, District Ferozepur, which is reproduced as under:
1. That the brick kiln was operated with FCBTK technology from Feb, 2019 to Dec, 2019. Thereafter, the brick kiln was not been operated after Dec, 2019 to till date.
2. That the brick kiln has adopted induced draught zig zag technology and obtained completion certificate from CSIR – Central Building Research Institute, Roorkee on 22.07.2021.
3. That the brick kiln has not been operated after Dec, 2019 to till date.
Accordingly, the brick kiln has deposited EC of Rs. 2,75,000/- (Rs. 2,00,000/- vide R. No. 4/5574 dated 17.05.2024 and Rs. 75,000/- vide R. No. 46/5446 dated 28.06.2022), which is adequate.
The brick kiln was visited by undersigned (AEE) on 09.07.2024 and it was observed as under:
• The brick kiln was not in operation.
• The brick kiln has upgraded its kiln to induced draft zig-zag technology as per the completion certificate submitted by it. A VFD fan has been provided with the chimney and the length of the brick kiln (central island) was found to be adequate as required by the Board i.e. 244'.
• The brick kiln has provided adequate sampling facilities with kiln stack to facilitate emission sampling with ladder.
• The kiln has stabilized the periphery road / movement area with brick bats.
• The brick kiln has provided septic tank for treatment of domestic effluent generated from the labor quarters & office room with provision to discharge onto land for plantation developed along boundary.
• The brick kiln has complied with the code of practice prescribed by the Govt./Board for such type of units as well as with the provisions of the Air Act, 1981.
Keeping in view of above, it is recommended that:
A. Fresh consent to operate under the Water Act, 1974 & varied Consent to operate under the Air Act, 1981 may be granted up to 30.09.2026 / as per adequacy of consent fee for production of bricks & tiles @ 30,000 nos./day using induced draft zig-zag technology for regular period (category-I) i.e., subject to the suitable conditions along with following additional conditions:-
1. The consent is subject to the orders passed by the Hon’ble Punjab & Haryana High Court/Hon’ble National Green Tribunal or other Judicial Authority in the cases pending or being filed with regard to the subject matter of the office order.
2. The consent is subject to the performance evaluation of new technology adopted by the brick kilns.
3. The BKO shall replace 20% of fuel with paddy straw based pellets, all the times.
4. The BKO will obtain Environmental Clearance under EIA notification for mining of brick clay to be used as raw material for the manufacture of bricks and submit the same, within two months.
5. The industry shall comply with code of practice prescribed for operation of brick kilns and shall be liable to achieve the prescribed standard notified by CPCB/PPCB from time to time.
6. The brick kiln will comply with the decisions of the meeting taken by the Hon’ble Chairman of the Board on 17.12.2020 at Patiala with the Punjab Brick kiln Owners Association.
7. The industry shall discharge its Domestic Effluent onto land for plantation after treatment in the septic tank.
B. Directions u/s 31-A of the Air Act, 1981 may be issued to the DFSC, Faridkot for issuance of license to the brick kiln.
Competency: Hon'ble Chairman of the Board.
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