| File Note: |
Sub: Proceedings of the personal hearing given by Chairman of the Board on 23.07.2024 for refusal of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981- M/s Dayanand Medical College & Hospital, Tagore Nagar, Ludhiana.
The following were present:
On behalf of PPCB
Er. G.S. Majithia, Member Secretary
Er. Pardeep Gupta, CEE, Ludhiana
Er. Kuldeep Singh, SEE, ZO-2, Ludhiana
Er. Nikhil Gupta, EE, ZO-2, Ludhiana
On behalf of the hospital
Sh. Umesh Gupta, CFC
The Environmental Engineer, Zonal Office-2, Ludhiana, brought out that the HCF is a large-scale red category unit having 1625 beds capacity.
In compliance of the decisions of the hearing on 11.09.2020, the HCF was visited by the surprise team constituted by the Competent Authority of the Board on 17.06.2021 and collected 03 sets of effluent samples from the HCF and the same were sent to the PBTI lab, Mohali as well as Board’s lab, Patiala for analysis. As per the analysis results, all the parameters were found within the limits prescribed by the Board. The team observed the various observations as under:
1. The HCF had made expansion in the premises without obtaining environmental clearance under EIA notification 2006, hence the same is required to be obtained by the HCF.
2. The HCF has neither provided water meters at fresh water abstraction points nor at the various sources of effluent generation like OTs, ICU, laboratories, laundry house, office blocks or hostels etc.
3. The HCF has installed OCEMS at the outlet of ETP-cum-STP, however, the same has not been connected with PPCB server.
A copy of the visit report of surprise team was also sent to Environmental Engineer, SEIAA, Sector 26, Chandigarh to give comments regarding the applicability of EIA notification to the hospital. The comments from the SEIAA were received vide letter no. 4893 dated 25.11.2021 that the construction of DMC, Ludhiana comes under the ambit and attracts the provisions of EIA notification dated 14.09.2006 as amended time to time. The SEIAA recommended to the Board with directions to take action against the HCF as per the provisions of the EIA notification dated 14.09.2006 as amended time to time.
Thereafter number of hearings afforded to the HCF and short-term consent was granted to the industry with a special condition that the HCF shall obtain Environmental Clearance from SEIAA, Punjab.
The HCF was issued show cause notice for refusal of consent to operate under Water (Prevention & Control of Pollution) Act, 1974 with an opportunity of personal hearing before the Chairman of the Board on 05.04.2024 for not obtaining Environmental clearance under EIA notification 14.09.2006, wherein it was decided as under:
1. The institute be granted short-term consent to operate under the Water (Act),1974 and Air (Act), 1981 as well as authorization under the Bio-Medical Waste Management Rules, 2016 for a period upto 30.06.2024 subject to the suitable conditions.
2. In the mean-time, the institute shall follow up its case with SEIAA, sincerely, so as to obtain EC before the expiry date of consents/authorization being granted
Thereafter, the HCF was granted consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and under Air (Prevention & Control of Pollution) Act, 1981 dated 10.04.2024, valid upto 30.06.2024.
In compliance of the decision taken during the hearing, HCF has submitted a letter vide which It has endorsed a letter issued to DMV vide no. 190 dated 24.04.2024 stating that:
"The operation of OMs dated 07.07.2021 and 28.01.2022 issued by the MOEF&CC for dealing with violation category cases has been stayed by the Hon'ble Supreme Court of India vide its orders dated 02.01.2024. after detailed deliberations, SEIAA decided to inform the project proponent that EIA report submitted by the project proponent has been taken on record by the SEIAA. However, no further action on the request of the project proponent can be taken by SEIAA at this stage."
Now, the HCF has applied for renewal of consent to operate under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 for the disposal of trade effluent @ 360.0 KLD into sewer after treatment through ETP and disposal of domestic effluent @ 2500 KLD into sewer after treatment through ETP-cum-STP
The HCF has not yet obtained Environmental clearance under EIA notification 14.09.2006 but it has submitted a letter from SEIAA that the request of the unit can-not be considered yet due to stay imposed by the Hon'ble Supreme Court on violation category cases vide orders dated 02.01.2024.
Show cause notice for refusal of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 was issued to HCF with an opportunity of personal hearing before Chairman of the Board on 09.07.2024 postponed to 12.07.2024, postponed to 16.07.2024 and postponed to 23.07.2024.
Sh. Umesh Gupta, CFC attended the hearing and submitted a written reply which was taken on record. He stated that the hospital had applied for obtaining Environmental Clearance with the SEIAA, Punjab. In this regard he produced letter from the SEIAA, Punjab stating that the matter for grant of Environmental Clearance was considered by SEIAA during its 290th meeting held on 19.04.2024, wherein SEIAA observed that the operation of OMs dated 07.07.2021 and 28.01.2022 issued by the MOEF&CC for dealing with violation category cases has been stayed by the Hon'ble Supreme Court of India vide its orders dated 02.01.2024. after detailed deliberations, SEIAA decided to inform the project proponent that EIA report submitted by the project proponent has been taken on record by the SEIAA. However, no further action on the request of the project proponent can be taken by SEIAA at this stage.
He prayed that since the matter is sub-judice in light of which the Environmental Clearance cannot be granted to the institution and due to which if the consents are not granted to the hospital there will be serious impact on the health care services being provided by the hospital.
The matter was deliberated in detail and it was observed that in light of the letter issued by SEIAA, Punjab vide no. SEIAA/MS/2024/190 dated 24.04.2024, it cannot be denied that the hospital is not serious regarding obtaining the Environmental Clearance, however, the procedure is stalled in light of the stay imposed by the Hon'ble Supreme Court of India. Being a premier health care institution of the region it is important to ensure that there is no obstruction in the supply of health care services in the area in the general public interest.
After hearing the CFC of the hospital, officers of the Board, the Chairman of the Board decided that:
1. Short-term provisional consents upto 30.06.2025 be granted to the hospital under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 as the application of the institution for obtaining Environmental Clearance has been kept pending by SEIAA, Punjab (as informed to the institution by the SEIAA, Punjab vide letter no. SEIAA/MS/2024/190 dated 24.04.2024), with the special condition that this provisional consent does not, in any way, makes the institution exempt from the liability of obtaining Environmental Clearance as per the provisions of EIA notification dated 14.09.2006.
2. Clarification be sought from SEIAA, Punjab as to whether, in light of the stay imposed by the Hon'ble Supreme Court of India on the Office Memorandum dated 07.07.2021 issued by MoEF&CC regarding Standard Operating Procedure (SOP) for identification and handling of violation cases under the EIA Notification dated 2006, the prosecution is required to be launched against M/s Dayanand Medical College & Hospital Managing Society and its responsible persons.
Submitted for confirmation of decisions of the hearing so that the same could be conveyed to all the concerned, please. |
