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Subject: Application for obtaining fresh 'consent to operate' under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 – M/s Dasmesh Stone Crusher, Village Khera Kalmot, Tehsil Nangal, Distt. Rupnagar.
It is submitted that the industry was granted renewal of 'consent to operate' under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Renewal/RPN/2021/16484737 dated 15.09.2021 valid upto 30.06.2026 and the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Renewal/RPN/2021/16484736 dated 15.09.2021 valid upto 30.06.2026 for Crushing of Stone Aggregates @ 10,000 CFT/day alongwith domestic effluent @ 0.6 KLD to be discharged onto land for plantation after septic tank, subject to the conditions mentioned therein.
The industry was visited by the officers of this office on 23.10.2023 and observed the industry has failed to comply under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981. Accordingly, the industry was issued show cause notice for revocation of 'consent to operate' granted under Water (Prevention & Control of Pollution) Act, 1974 and cancellation of 'consent to operate' granted under Air (Prevention & Control of Pollution) Act, 1981 vide no. 2928 dated 09.11.2023 alongwith an opportunity of personal hearing on 20.11.2023, wherein, it was decided as under:
1. The industry shall submit compliance report within 20 days after attending the observations of the Board for further verification, in failure of which, the 'consent to operate' granted to it under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 shall be revoked / cancelled.
2. The industry shall not be operated without making compliance with the code of practice laid down by the Board for such units.
3. It is made clear to the industry that the action shall be taken against it if it found being operated in violation of the provisions of the Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981 and code of practice for such units, without affording any further opportunity of show cause or personal hearing.
The unit was again visited by the officers of the Board on 20.12.2023 and contacted Sh. Dalbir Singh, Partner of the industry. During the visit, it was found that the industry failed to comply with the decisions of the personal hearing, accordingly, the 'consent to operate' granted by the Board to the industry under Water (Prevention & Control of Pollution) Act, 1974 was revoked vide letter no. 182 dated 31.01.2024 and 'consent to operate' granted by the Board under Air (Prevention & Control of Pollution) Act, 1981 was cancelled vide letter no. 184 dated 31.01.2024.
Further, the following action was recommended to the Competent Authority of the Board to take against the industry through E-noting no. 24162705 to directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31- A of the Air (Prevention & Control of Pollution) Act, 1981 be initiated against the unit for its closure.
Meanwhile, the industry had applied for consents, however the application was returned as per decision of the Competent Authority.
The industry was issued notice to directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 as amended in 1988 & u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 with an opportunity of personal hearing, before the Chairman of the Board on 07.06.2024 and during hearing it was decided as under:
1. The following directions u/s 33-A of the Water (Prevention& Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 shall be issued to the industry:
"The stone crusher shall not operate its plant without obtaining prior consents of the Board as required under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 as well as compliance of the code of practice prescribed for stone crushing units"
2. Environmental Compensation shall be imposed on, the stone crusher for violating the Environmental Laws.
3. Environmental Engineer, Regional Office, Rupnagar shall verify the contentions of the industry made during the hearing, calculate the Environmental Compensation accordingly. She shall also get the Environmental Compensation verified from the Committee constituted by the Board for this purpose and get the orders issued from the Competent Authority in this regard, within 15- days
• In compliance of the hearing decision no. 2, this office has been recalculated the Environment Compensation as under and sent through e-noting no. 24162705 dated 04.7.2024:
EC (Rs.) = PI x N x R x S x L PI = 50 N = 101 (From 23.10.2023 i.e. date of visit to 31.01.2024 i.e. till the unit was operational as per return filed by it to the Mining Department) R = 250 S = 0.5 L = 1 EC = Rs. 6,31,250.
Now, the industry has applied for obtaining fresh 'consent to operate' under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for manufacturing of Stone aggregates of different sizes @ 10000 CFT/Day by using raw material as River Bed Material @ 10000 CFT/Day alongwith requisite documents.
The industry had deposited Rs. 14,500/- vide R. no. 322977307 dated 29.06.2021 under the Water (Prevention & Control of Pollution) Act, 1974. The industry has now deposited Rs. 14500/- vide UTR No. AXSK241250014847 dated 04.05.2024 under Water (Prevention & Control of Pollution) Act, 1974 and Rs. 14500/- vide UTR No. AXSK241250014788 dated 04.05.2024 under Air (Prevention & Control of Pollution) Act, 1981. The fee deposited by the industry is adequate upto 31.03.2033 under both acts.
The industry has submitted compliance report of the conditions of the previous granted 'consent to operate' granted by the Board under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 as well as code of practice framed for such type of units.
The site of the industry was visited by the undersigned on 11.07.2024. During the visit, it was observed as under:
1. The unit is a stone crusher plant only and was not in operation. The physical site condition also shows that the unit is not in operation from a long period.
2. The industry has installed 02 no. Jaw crushers, 01 no. Rotapactor, 03 no. Dry screens.
3. All dust emitting points are covered.
4. The conveyor belts are of good quality.
5. The structure work for the covering of the conveyor belt from node to node has been done by industry; however, the shed work is not completed due to rain.
6. The ends of conveyer belts are provided with proper chutes.
7. Water sprinklers are provided to control the dust emissions in the mining area, crushing area, on Jaw/Roller crusher / berm / ramp.
8. The approach roads and ramp are stabilized.
9. Green belt is provided along the boundary.
10. The domestic wastewater is being discharged onto land for plantation after septic tank. No stagnation was observed during the visit.
11. Electric connection is available with the unit.
12. One submersible pump is installed and the water meter is provided with the same.
It is further submitted that the CPCB has issued Environmental Guidelines for stone crushing units in July, 2023, however, the industry has made partial compliance of the Environmental Guidelines and the representative sought 1 year time period for making complete compliance of the Guidelines as it involves development of lot of infrastructure and a lot of finances.
Further,this office has already forwarded representations of stone crushers associations regarding granting time period of atleast one year or compliance as per Environmental Guidelines for Stone Crushers issued by CPCB for consideration of the higher authority.
Furthermore, it is submitted that as per record file of this office, no FIR has been registered against the unit and it is also not part of 13+1 number of crushers in OA no. 624 of 2023 title as “NEWS ITEM PUBLISHED IN THE TRIBUNE DATED 28.09.2023 TITLED AS "HILLS 'VANISH' AS ILLEGAL MINING RAMPANT IN BEET AREA".
The industry is complying with conditions of 'consent to operate' granted under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 as well as code of practice laid down for such units by the Department of Science, Technology & Environment, Government of Punjab.
In view of the above, may if approved, it is recommended that:
A. Action recommended by this office u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and 31-A of the Air (Prevention & Control of Pollution) Act, 1981 regarding issuing directions for closure of the unit may please be dropped.
B. This stone crusher be granted Consent to operate under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 may be granted for short period upto 31.12.2024 subject to suitable conditions and following additional conditions that:
1. This consent is granted for operation of Stone aggregates of different sizes @ 10000 CFT/Day.
2. The unit shall comply with the Environmental Guidelines for Stone Crusher issued by CPCB in July, 2023 latest by 31.12.2024 in true letter & spirits.
3. The unit shall obtain carrying capacity certificate of the area/stone crusher from Department of Mines & Geology, Department of Water Resources and act on basis of such certificates as per the Board's office order issued vide no. 16536 dated 23.07.2021.
4. The unit shall obtain raw material from the mining sites approved by the Water Sources- cum-Mining Department only.
5. The unit shall obtain raw material from the Govt. approved mining sites only and shall not indulge itself into any kind of illegal mining. If at any stage the unit engaged itself in illegal mining, the consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 shall be revoked/cancelled without any opportunity of hearing.
6. The industry will comply with the guidelines/code of practice issued by the Govt. of Punjab, Department of Science, Technology and Environment Vide dated 17.03.1988, amended in 01.02.2006 and lastly amended vide no. 3/35/2013-STE(4)734 dated 30.07.2013 at all time.
7. The industry will comply with all the provisions under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981.
8. The unit shall maintain a stock register to justify the legitimate source of mining material, its availability, usage and sale etc.
9. The unit will submit half yearly return to this office duly verified by the Mining officer by 15th of July and 15th Jan of every year.
10. The unit shall not discharge its effluent generated from washing of river bed materials anywhere and whole of the effluent generated by it shall be re used in the process. The industry shall discharge only the domestic effluent on to land for plantation after treating in septic tank.
11. The process waste i.e. fine material and silt so produced from the settling tank (s) will be disposed of in an environmentally sound manner such as filling in low lying area with half meter height of silt layer followed by cover of good earth of 15 cms and so on with the prior approval of the Environmental Engineer, Punjab Pollution Control Board, Regional Office, Rupnagar.
12. For measuring the discharge of wastewater, the industry shall provide 90°V notch at the outlet of the settling tank (s) and maintain the record of discharge in the register on daily basis.
13. The industry shall make the following provisions for the management of the wastewater:
a. The unit shall provide settling tank(s) for wastewater, of adequate capacity, designed by taking surface loading rate of 25m3/day/m2 and length to width ratio of 3:1 and clear water depth as 3 m excluding 0.3 m free board and 0.5 m depth for accumulation storage of solids.
b. The industry shall ensure that the settling tank(s) is/are cleaned regularly to maintain minimum clear water depth of 3m. 14. The industry shall make arrangements for reuse of its whole of wastewater in the process after passing through settling tank.
14. The discharge of treated effluent into inland surface water shall not be allowed and the unit should either reuse the treated effluent for washing purposes etc. or use the same for sprinkling purposes to suppress the dust emissions generated from these sources including emissions generated due to movement of vehicles.
15. The industry shall construct additional tanks if required, so as to ensure entire reuse of the treated wastewater. The industry shall not discharge the untreated/treated wastewater into river or any water body in any case.
16. The effluent discharged through the authorized outlet shall conform to the standards prescribed by the Board as per Board's Notification No.Admn-404 dated 24.8.1990 published in Punjab Govt. Gazette Notification No.42 dated 19.10.1990 and Notification No.Admn-27 dated 2.3.1994 effective from 1.1.1994 for such discharges onto land for irrigation / plantation.
17. The issuance of this consent does not convey any property right in either real or personal property, or any exclusive privileges, nor it authorize any injury to private property or any invasion of personal rights, nor any infringement of Central, State or Local Laws or Regulations.
18. Nothing in this consent shall be deemed to preclude the institution of any legal action nor relieve the applicant from any responsibilities, liabilities or penalties to which the applicant is or may be subjected under this or any other Act.
19. The industry shall discharge only domestic effluent onto land for plantation after treatment it in the septic tank.
20. Any amendments/revisions made by the Board in the tolerance limits for discharges shall be applicable to the industry from the date of such amendments/revisions.
21. The authorized outlet and mode of disposal shall not be changed without the prior written permission of the Board.
22. The industry shall not use any unauthorized out-let(s) for discharging effluents from its premises. All unauthorized outlets shall be connected to the authorized outlet within one month from the date of issue of this consent.
23. The industry shall not change or alter the manufacturing process (es) so as to change the quality and/or quantity of the effluents generated without the written permission of the Board.
24. Any upset conditions in the plant/plants of the factory, which is likely to result in increased effluent and/or result in violation of the standards laid down by the Board shall be reported to the Environmental Engineer, Punjab Pollution Control Board, Regional Office, Rupnagar through e-mail eeroropar@gmail.com intimation to the Board failing which any stoppage and upset conditions that come to the notice of the Board/its officers, will be deemed to be intentional violation of the conditions of consent.
25. All underground water retaining structures shall be lined with an impervious layer so as to avoid seepage and contamination of sub-soil/water.
26. The industry shall ensure that no water pollution problem or public nuisance is created in the area due to discharge of effluents from its industrial premises.
27. The industry shall submit the analysis report of its trade effluent at least twice in a year from the approved laboratory of the Board / Board's Laboratory.
28. The industry shall make proper disposal of the effluent so as to ensure that no stagnation occurs inside and outside the industrial premises during rainy season and no demand period.
29. That the industry shall submit a certificate yearly to the effect that no addition/ modification / expansion has been carried out during this consent period.
30. That the industry shall submit balance sheet yearly showing un-depreciated value of its fixed assets during previous financial year.
31. The industry will stick to the production capacity mentioned in this consent and will not increase the same without the prior written permission of the Board.
32. The industry shall get the annual health survey of the workers conducted and shall maintain a proper record of the same.
33. The industry shall put up display board indicating environment data as per performa prescribed by the Board at the main gate of the industry.
34. The Board reserves the right to revoke this ‘consent to operate’ granted to the industry in case the industry is found violating any of the conditions of this consent and/or the provisions of the Water (Prevention & Control of Pollution) Act, 1974 as amended time to time.
35. This consent does not bestow any ownership rights with the consent holder and further the CTO is being granted only from pollution angle and cannot be used as any legal tool/document to ascertain/confirm proprietary rights.
36. 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.
37. The industry shall ensure that there is no usage of single use plastic-thermocol disposable items such as water bottler/water pouches/water cups/cups, plates, glasses, forks, spoons, straw etc. And single use decorating materials made of plastic-thermocol or any other non-biodegradable material on its premises.
38. The industry shall not throw, burn or burry any solid wastes in open, outside premises or in drain / water bodies.
39. The industry shall promote use of alternatives of single use plastics (SUP) and awareness to discourage use of plastic, through their Corporate Environment Responsibility (CER) activities.
40. The industry shall properly handle and manage the solid wastes as per the provisions of the Solid Waste Management Rules 2016 and ensure that the solid waste is segregated & disposed of in an environmentally sound manner.
41. The industry shall ensure to comply with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000.
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