| File Note: |
History of the case:
Earlier, the industry was issued a show cause notice u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide letter no. 7824 dated 30.12.2022, along with an opportunity of personal hearing before the Chief Environmental Engineer on 10.01.2023, wherein, it was decided as under:
1. On the bases of best assessment and judgment, an interim environmental compensation of Rs. 50,000 is imposed to the industry for the violations committed by it and the industry shall deposit the environmental compensation in the office of Environmental Engineer, Punjab Pollution Control Board, Regional Office, Mohali within one week.
2. That the consent to operate granted to the industry under the Water (Prevention & Control of Pollution) Act, 1974.
3. The industry shall operate its wastewater treatment devices installed by it regularly and efficiently and achieve the ZLD.
4. The industry shall provide the flow meter on the line carrying condensate of reactor (ETP) to the cooling tower and shall maintain the record so as to verify the ZLD.
5. The industry shall ensure that no effluent (treated/untreated) is discharged into any sewer/nallah/choe etc.
6. The industry shall store the entire hazardous waste in a closed room in a scientific manner to comply with HWM Rules, 2016.
7. The industry shall comply with the SOP for recovery of spent solvent issued by the CPCB in March, 2018 in true letter and spirit.
8. The Environmental Engineer, Regional Office, SAS Nagar shall visit the industry personally to verify the statements of the industry made during the hearing, check the contents of the video (complaint) to identify the industry by whom the wastewater has been discharged and send his report/recommendations accordingly within 07 days, positively.
Accordingly, the ‘consent to operate’ granted to the industry was revoked by the Board, vide letter no. 441 dated 20.01.2023, as per decision no. 2 of the hearing above.
Further, as per decision no. 1 above, the industry had deposited to Rs. 50,000/- as EC in this office, vide R. no. 79/5463 dated 02.02.2023.
Thereafter, the industry had applied for obtaining renewal of ‘consent to operate’ under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981. As per decision no. 08 of the hearing held on 30.12.2022, the site of the industry was visited by EE and AEE of this office on 14.03.2023 and report was sent to the competent authority of the Board.
Thereupon, the applications of the industry for obtaining ‘consent to operate’ under the Water (Prevention & Control of Pollution) Act, 1974 was refused vide letter no. CTOW/Fresh/SAS/2023/21232951 dated 21/03/2023 and under the Air (Prevention & Control of Pollution) Act, 1981 was refused vide letter no. CTOA/Renewal/SAS/2023/21232960 dated 21/03/2023.
Further, the Competent Authority of the Board has issued following directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 to PSPCL:
“That the authorities concerned shall disconnect the electricity supply available to subject cited industry, with immediate effect”.
In compliance, to said decisions, disconnection of the electric connection of the industry was done by PSPCL vide TDCO no. 2148 dated 28.04.2023.
Thereafter, as the industry had complied with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, accordingly, the subject cited industry was earlier granted Consent to Operate under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Fresh/SAS/2023/21935263 dated 18/05/2023 and under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Renewal/SAS/2023/21935276 dated 18/05/2023, both having validity upto 30/09/2023, for production of Recovered solvent after Distillation of spent solvents @ 15 Kilo Liters/Day and Thinners @ 05 Kilo Liters/Day.
Further, the PSPCL authorities were issued directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 vide no. 3652-55 dated 18.05.2023 to the industry:
“That the authorities concerned shall restore the supply of electricity to subject cited industry temporary upto 30.09.2023 with immediate effect.”
The industry was thereupon granted ‘Consent to Operate’ under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTO/Renewal/SAS/2024/25105158 dated 07.03.2024 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTO/Renewal/SAS/2023/23581411 dated 10.10.2023, both having validity upto 31.03.2024. Further, the electric connection of the industry was restored upto 31.03.2024.
Thereafter, the industry has obtained auto-granted ‘Consent to Operate’ under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTO/Renewal/SAS/2024/25105158 dated 07.03.2024 and Air (Prevention & Control of Pollution) Act, 1981 vide no. CTO/Renewal/SAS/2024/25104952 dated 07.03.2024, both having validity upto 07.03.2029.
Further, the Competent Authority of the Board had issued vide ZO letter no. 128 dated 05.04.2024, following directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 to PSPCL:
“That the authorities concerned shall restore the supply of electricity to subject cited industry temporary upto 30.09.2024 with immediate effect.”
Fire incident:
A fire incident had incurred in the industry and accordingly the industry was visited by officer of the Board on 08.04.2024 and it was observed that a major fire has broken out in the industry and the entire industrial premises/machinery has been destroyed in the fire incident. Also, Sh. Ravi Maggo, owner was contacted telephonically and he informed that static charge had developed during transfer of solvent which has resulted in raw material catching fire. During visit, it was observed that whole of the industrial premises have been converted into ashes and industry is not in position to run the unit with the present situation.
Accordingly, the competent authority of the Board decided to revoke the ‘Consent to Operate’ under the Water (Prevention & Control of Pollution) Act, 1974 vide letter no. 576 dated 30.04.2024 and cancel the ‘Consent to Operate’ under the Air (Prevention & Control of Pollution) Act, 1981 vide no. 580 dated 30.04.2024.
Also, the Competent Authority of the Board has issued following directions u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 to PSPCL vide letter no. 572 dated 30.04.2024:
“That the authorities concerned shall disconnect the electricity supply available to subject cited industry, with immediate effect”.
Accordingly, the electric disconnection of the industry has been done by PSPCL vide TDCO application no. 10001565532 dated 02.08.2024.
Now, the industry has applied for obtaining ‘consent to operate’ under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.
As per record file, earlier the industry had deposited consent fee, which is adequate upto 30.06.2026. Now, the industry has deposited fee of Rs. 72000/- vide UTR. no. BARBP24065599336 dated 05.03.2024 under the Water (Prevention & Control of Pollution) Act, 1974 and Rs. 72000/- vide UTR no. BARBP24065841573 dated 05.03.2024 (considering NOC regularization fee), which is adequate upto 30.06.2027 for both the Acts against the value of fixed assets of Rs. 377.66 lakhs on 31.03.2024.
It is worth to mention here that, as per record file of this office, the industry was granted authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 vide no. HWM/renew/SAS/2021/14400086 dated 22/01/2021 having validity upto 27/07/2021, subject to certain condition as mentioned therein. The said authorization was further extended upto 31.03.2026 subject to certain terms and conditions mentioned therein.
Further, the industry was issued actual user certificate-cum passbook vide no. PPCB/ZP-I/2021/AUC/F-7 dated 22/01/2021 having validity upto 21/07/2021, for the procurement and processing of spent solvents @ 4500 T/year (category no. 20.2) of Schedule-I of HWM Rules, 2016 which was further extended upto 31.03.2026.
Visit:
Now, the site of the industry was visited officer of the Board on 30.08.2024 and it was observed as under:-
1. The industry is engaged in business of solvent recovery of various chemical and was not in operation at the time of visit.
2. During visit, the electric connection of the unit was found to be disconnected.
3. During visit, it was observed that the industry has now reconstructed the columns and civil structure of the unit, which was partially damaged in the fire. However, still traces of burned items were seen lying present inside the premise of the unit.
4. The industry has now stored the existing solvent drums in the newly constructed shed inside its premises. Pictures are attached in the agenda note.
5. The industry has now almost stabilized the movement area inside the premises of the unit by installing pavered tiles.
6. The industry has now newly constructed a freshwater storage tank of capacity 1.5 lakh ltrs. for storage of water for fire purposes.
7. The industry has also uploaded a copy of fire safety certificate issued by Fire Department vide letter no. 1502-97852-Fire/74214 dated 23.08.2024 which is valid upto 22.08.2025.
8. The industry has not yet install VOC analyzer system with the solvent recovery plant, which was earlier damaged due to fire. The industry has submitted a copy of purchase order dated 14.08.2024, vide which they have placed order for VOC analyzer to M/s Drexel Electronics and Engineering Products Pvt. Ltd., the representative of the industry informed that the same shall be install and commissioned within 30 days.
9. During visit, it was observed that the industry has still kept some of drums, i.e. raw material/product (solvents) at open plot nearby the premises of the unit in open area. The representative of the industry informed that they are unable to remove/process theses solvents, due to non-availability of electric connection. He further assured that as and when the electric connection to release the industry, the unit shall not procure any new raw material and shall process and dispose of these pending solvents which are lying in drums.
From above, it is clear that although the industry is not fully complying with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981. However, the industry has now shown its intention to comply with the provisions of the said acts by starting the work at site.
Further, the industry has shown its inability to carry out works such as construction of new shed, processing of solvents in drums lying at site etc., due to unavailability of electric connection at the site.
Recommendations:
In view of above, if may approved, the request of the industry may be considered and following action may be taken:
A. The ‘consent to operate’ under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981, may be granted for short term of six months subject to suitable conditions and following additional conditions:
i. This consent to operate is granted to the industry only for recovering and disposing of the existing solvent at the site, which are lying in drums. The industry shall not procure any new raw material the site, without obtaining varied ‘Consent to Operate’ under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981.
ii. The industry shall immediately complete the stabilization/tiling work of the entire area inside its premises, within 15 days.
iii. The industry shall construct a new shed for storage of raw material and final product storage drums, within 01 month and shall ensure that no drum is lying in open space thereafter.
iv. The industry shall operate its wastewater treatment devices installed by it regularly and efficiently and achieve the ZLD.
v. The industry shall ensure that no effluent (treated/untreated) is discharged into any sewer/nallah/choe etc.
vi. The industry shall store the entire hazardous waste in a closed room in a scientific manner to comply with HWM Rules, 2016.
vii. The industry shall comply with the SOP for recovery of spent solvent issued by the CPCB in March, 2018, at all times.
viii. The industry shall ensure the compliance of provisions of the Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981, Environment (Protection) Act, 1986 and/or any other environmental law applicable to him and Rules, Circulars & Directions issued by the Board from time to time.
ix. The consent to operate is being issued to the project proponent based upon the documents/ information submitted by it along with the online application form. The Board would be at liberty to take penal action against the industry/project proponent and its responsible/ concerned person(s) in case information/document is detected as incorrect/false/misleading at any point of time, without any opportunity of Personal Hearing.
x. In case the industry fails to comply with the provisions of the Water (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981, Environment (Protection) Act, 1986 and/or any other environmental law applicable to the project and Rules, Circulars & Directions issued by the Board from time to time, action as deemed fit shall be taken against the project proponent.
B. PSPCL may be, directed to temporarily, release the electric connection available to the industry for six months.
C. The industry may be directed to not to procure any new material at site and recover and dispose of the existing solvent at the site, which are lying in drums.
*Competency: Worthy Chairman of the Board.
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