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Previous Status
The industry is a red category unit and was granted 'Consent to Operate' under Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Varied/LDH1/2019/11012789 dated 24/10/2019 and under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Varied/LDH1/2020/12175834 dated 13/03/2020 both valid upto 30/06/2024 for manufacturing of Hand Tools (Spanners) @ 2 MT/day. The industry has made an agreement with M/s JBR technology @ 40000 ltr/month for lifting its effluent.
It is submitted that during visit to the area on 25.5.2024, it was observed that an open drain in Industrial Area-A, Ludhiana was having whitish brown semi solid sludge and was also carrying some industrial effluent. The drain was checked and it was observed that a sewer line opposite M/s Deeps Tools Pvt.Ltd. 320-21, Industrial Area A, Ludhiana, was carrying the same effluent during visit also. The entire open drain was checked and it was observed that the same effluent/sludge was seen approx. 1 KM in the drain and thereafter the drain carries effluent from other sewers and finally it leads to Budha Dariya. The matter enquired and it was observed that the effluent was being discharged by M/s Deeps Tools Pvt.Ltd. The industry has provided a tank adjoining their premises and the tank carries the same sludge and effluent. The effluent was seen discharged into the sewer which ultimately leads to the drain. The industry was also visited and it was observed that the effluent from the vibrators was being discharged in the line inside the unit. It was apprehended that the industry has provided some underground sewer line which carrying the effluent into the said tank. Further a bluish green layer of some chemical is seen on the sludge along the entire stretch and in the sewer which further indicates that the industry is discharging its trade effluent into the sewer also.
During visit the samples from the different points in the drain, of the sludge from the drain, sludge from the tank adjoining the industry and the effluent being discharged from the sewer by the industry were collected and sent for analysis which were found to be beyond the prescribed limits.
In view of above, the industry was issued show cause notice for revocation of consent to operate granted under the Water Act, 1974 along with notice to issue directions u/s 33-A of the Water Act, 1974 with hearing before Chairman of the Board on 27.06.2024.
Sh. Rajesh Nakra, CA of the industry attended the hearing and submitted written reply which was taken on record. He submitted that the industry have installed following system:- a) For discharge from Electroplating waste water - They have got an arrangement with CETP operator (M/s JBR Technology Limited). They are lifting whole of the effluent from electroplating plant on regular basis. b) For discharge from vibrator and barreling section waste water - The effluent is settled in the settling tanks. They re-use the water from this process in production and have agreement with Nimbua Green Field for lifting the sludge. Further, he submitted that they have attached the detailed site plan in color giving line wise particulars of discharge and management of water/effluent. He submitted that an officer of Board visited the area on 25-05 2024 and checked an open drain in Industrial area-A and observed by them that a sewer line/open drain was carrying industrial effluent. The open drain from which sample is taken is at about 250 mtr from their premises and they are located in highly dense industrial area where many different types of industries are operating. In the open drain from which the sample has been collected, the Mud/ waste/dirt can get accumulated and that forms sludge mixed with various effluent water/discharges from other factories also. The effluent sample taken from this open drain should not be attributed to their unit only. The drain which is inspected is open also and subject to various discharges, water sludge from other nearby industries also. He further submitted that they have no underground sewer line to carry any effluent to the sewer line. Regarding bluish green layer of chemical seen on the sludge in the drain outside the factory, he submitted that they are not using any such chemical inside their premises for any process from which such bluish green layer can be found. No such bluish green layer chemical in any process has been observed in chemical process inside their factory and they are not using any such chemical. They have only discharge of domestic effluent from their line to outside and in the routine production process there can be some spillage from the process into domestic effluent line. Further, he submitted that as per the parameters/result of the sample verified by officer of the Board, the results of sample taken from the outlet nearby their factory premises are very much lower than the results of sample drawn from open drain situated at 250 mtrs. Most of the results of the sample from the outlet near the factory are well within the normal range. One or two parameters which are outside the normal range can be due "to some negligence on part of the labor but is not intentional at all. He requested to drop show cause notice and re-inspect the system for verification of their premises.
After hearing the industry, officers of the Board and considering material facts on record, the Chairman of the Board decided as under: 1. The consent to operate granted under the Water (Prevention & Control of Pollution) Act, 1974 be revoked. 2. The directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 be confirmed for closure of the unit. 3. The Environmental Engineer, Regional Office shall visit all the industries situated within periphery of 500 mtrs area, which are involved in the process of electroplating, pickling, zinc platting, or other polluting industries.
However before issuance direction, the Competent Authority of the Board has desired that it would be appropriate if the matter is examined from legal angle from the SLO of the Board in view of the facts and circumstances of the case.
Legal opinion given SLO of the Board
The opinion of the SLO of the Board is re-produced as under:-
" Perusal of the noting shows that the Board is taking the action on the apprehension that M/s Deeps Tools Pvt. Ltd. is discharging the effluent in the drain through underground pipeline, which fact is denied by the representative of the industrial unit. The industry is stated to be not using any such chemical, the discharge of which may be attributed to bluish green layer of chemical found on the sludge in the drain outside the premises of the industry. Many industries are located in the area. The results of the sample taken from the outlet nearby the factory premises are lower than the results of sample drawn from open drain situated at 250 mtrs. After examination of the case, the opinion that the action being taken by the Board for revocation of consent to operate and confirmation of directions u/s 33-A of the Water Act, 1974 for closure of M/s Deeps Tools Pvt. Ltd. on the basis of apprehension of pollution is not sustainable, when many other industries are also situated and operating in the nearby area. In the given circumstances I am of the opinion that the decisions taken by the Competent Authority may be kept in abeyance and the Environmental Engineer, Regional Office-I, Ludhiana may be asked in the first instance to inspect the area in question, to visit all the industries within the periphery of 500 m area which are involved in the process of electroplating, pickling, zinc plating or other polluting process and submit the report accordingly for taking further necessary action.
• Present case for renewal of Consent to Operate
1. The industry has now applied for renewal Consent to Operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 with request not to take any penal action against the industry.
2. The industry has submitted in writing that the small increase in fixed assets is on account of addition of non-polluting machinery for modernization of process. There is no increase in production capacity/pollution load.
• Present status (as per visit on 26.7.2024)
1. The industry was in operation during visit and engaged in the manufacturing of hand tools.
Compliance to application under Air Act, 1981
1. The industry has installed 03 shot blast machines inbuilt bag filter house and adequate stack height.
2. The industry has installed 6 electric/gas fired forging furnaces
3. The industry has installed 02 electric Hardening furnaces.
4. The industry has installed 02 DG set of capacity 500 KVA each and 1 DG Set 380 KVA an acoustic room provided and adequate stack height.
5. The industry has installed machining equipment such as press machines, lathe machines etc., in the rest of its premises.
Compliance to application under Water Act, 1974
1. The industry has 2 sources of trade effluent generation, one is the automatic electroplating section and the other is the vibrator section
2. The industry has made an agreement with M/s JBR Technologies Pvt. Ltd., Ludhiana for lifting its trade effluent @ 40,000 Ltr/month for lifting of effluent generation from the electroplating/acid dip section.
3. The industry has installed separate water meter at fresh water supply leading to this section and the reading during visit was 487.44 KL. The record maintained by the industry regarding water consumption and effluent lifting was verified during the visit and the details are attached.
4. The industry has provided one no. under ground cemented storage tank of capacity 20000 ltrs and approx. 5000 ltr effluent was found stored in the storage tank during the visit. A part from the above the industry has also provided a PVC storage tank of 10000 ltr capacity in case of emergency.
5. The water consumption and effluent lifting are found in sync considering the evaporation losses.
6. The industry has installed vibrator section. The industry has made provision for recirculation of effluent generated from the vibrator section. The industry has installed water meter on the recirculation line and also at makeup water line. The record pertaining to recirculation of the vibrator effluent was verified during the visit and found to be in order.
7. Domestic effluent is being discharged into sewer.
8. The industry has already submitted the building plans approved from competent person under Director of Factories, Punjab.
Inspection of near by area
During the visit it was observed that there is several small scale water polluting unit including electroplating, acid pickling and dyeing industry is located in the vicinity of the above industry. The Municipal Corporation, Ludhiana official have been requested to provide detailed drawing of the sewer line in the area. After obtaining the drawing of the sewer line, this office shall map the industries in the catchment of the said sewer line and shall keep a continuous surveillance on the industries so that no unauthorized effluent to discharged into sewer. As far as the above industry is concerned, as per the records and physical verification no unauthorized effluent was found being discharge illegally
Requirement of EIA and SAC
1. The industry is located in designated industrial area-A as per Master Plan, Ludhiana (2031) and does not require Environmental Clearance under EIA notification 2006 as well as SAC clearance under factories act, 1948. Further the industry has not added any polluting process in its premises since the last granted consent
In view of the above, it is recommended that the industry may be granted varied 'Consent to Operate' under the Water Act, 1974 & Air Act, 1981 upto 30.6.2029 with suitable conditions as per policy of the Board.
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