| File Note: |
It is intimated that the industry was granted consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 vide no. CTOW/Renewal/SAS/2024/26578578 dated 04.11.2024, valid till 31.03.2025 and under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Renewal/SAS/2024/26578530 dated 04.11.2024, valid till 31.03.31.03.2025 for production of Menthol Crystals @16.6T/day, Menthol Flakes @ 6.6T/day, Menthol liquid/powder @16.6T/day, Cefixime Trihydrate @1.786T/day, Cefuroxime Axetil (Amorphous) @1.65 T/day, Cefpodoxime Proxetil (Coated) @0.007 T/day, Cefpodoxime Proxetil @0.01T/day, Cefditoren Pivoxil @0.0035T/day, Cefdinir @0.05T/day, Ceftriaxone Sodium @0.84T/day, Cefotaxime Sodium @0.4T/day, Cefepime Injection @0.0577T/day, Cefuroxime sodium @0.02723T/day, Cephalothin Sodium @0.05T/day, Cefazolin Sodium @0.00321T/day, Cefprozil @0.0005T/day, Cefoxitin Sodium @0.001T/day, Ceftiofur @0.00003T/da,y Ceftaroline @0.00002T/day, Metformin HCL @0.07T/day, Cefcapine Pivoxil @0.00002T/day, Sodium Carbonate @0.002T/day, L-Arginine @0.002T/day, Ceftazime Pentahydrate @0.015T/day, Ceftibutene Hydrate @0.02T/day and Cefotium HCL @0.015T/day with certain conditions mention therein.
Now, the project proponent has applied renewal of consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 along with requisite document.
As per the record file of this office, earlier the industry has deposited Rs. 1128000/- vide UTR No. SBINR12024073038756164 dated 30.07.2024 (Application no. 26578530) under Air (Prevention & Control of Pollution) Act, 1981. The fee deposited by the industry is adequate upto 31.03.2029 against the total fixed assets of the industry Rs. 102018.15 lacs under both Acts (considering the fee deposited by the industry equally under both the Acts) as per CA certificate dated 07.05.2024.
Status of OA no. 173/2023 titled as Shallabjit Singh v/s State of Punjab
The case OA. No. 173/2023, titled as Shallabjit Singh v/s State of Punjab has been disposed off by Hon’ble National Green Tribunal vide order dated 21.11.2024, the relevant part of the orders is reproduced as under:
“85. Considering the matter in the light of above principles, in the present case, since proponent is a manufacturing industry, the law laid down by Supreme Court that the compensation may be founded on the turnover of the industry, in our view, would be a valid principle to be applied by also considering the paying capacity of the industry.
86. We find that no information regarding turnover has been made available to us either by respondent industry or by PSPCB. However, from the information available from public domain, we find that proponent-M/s Nector Life Sciences Limited itself has placed its profits and loss account of period of 2023-24 (01.04.2023 to 31.03.2024) showing total revenue as Rs.1698.66 Crores. Total revenue shown in the last 05 years in the financial statement of proponent is as under:
Sl. No. Financial year Total revenue
1 2019-20 Rs.2367.16 Crores
2 2020-21 Rs.1545.62 Crores
3 2021-22 Rs.1679.55 Crores
4 2022-23 Rs.1566.85 Crores
5 2023-24 Rs.1698.66 Crores
87. Based on the above information, even if we compute environmental compensation at ½ percent of the turn over i.e., 0.5%, it will come to the following amount in the last 05 years:
Sl.
No. Financial Year Total revenue 0.5% environmental compensation of
turn over
1 2019-20 Rs.2367.16 Crores Rs.11.83 Crores
2 2020-21 Rs.1545.62 Crores Rs.7.72 Crores
3 2021-22 Rs.1679.55 Crores Rs.8.39 Crores
4
2022-23 Rs.1566.85 Crores Rs.7.83 Crores
5 2023-24 Rs.1698.66 Crores Rs.8.49 Crores
88. Since in the present financial year, the amount of environmental compensation at 0.5% of turn over comes to about Rs.8.5 Crores, we find it appropriate to impose an interim environmental compensation of Rs. 5 Crores upon respondent 3 which shall be paid/deposited by it with PSPCB within 02 months.
89. We also direct PSPCB to determine final amount of environmental compensation after collecting information with regard to turn over from the proponent of the respective year when the violations have been found and to impose environmental compensation for such period separately after due opportunity of hearing to the proponent. This exercise shall also be completed within two months.
90. The amount of interim compensation as directed above shall be adjusted in the final amount of environmental compensation which shall be determined and computed by PSPCB. After determining final amount of environmental compensation, PSPCB shall recover if finally computed environmental compensation is more than the interim environmental compensation. In case, the final amount is less than interim compensation, the excess would be refunded. Needful as the case may be shall be done within two
months after finalizing the amount of environmental compensation.
91. The amount of interim environmental compensation/ final environmental compensation shall be utilized for remediation/rejuvenation/restoration of damaged environment in the area concerned on the basis of a restoration plan which shall be prepared by Joint Committee comprising PSPCB; CPCB; and, District Magistrate, SAS Nagar, Mohali who shall prepare the plan within 02 months and execute the same within 03 months after realisation/recovery/deposit of environmental compensation as directed above.
92. PSPCB is also directed to make a periodical inspection commencing from first week of December 2024 for the next 06 months of proponent’s unit to ensure strict compliance of environmental laws on the part of proponent. If it is found that proponent is still violating environmental laws, PSPCB shall exercise of its power of issuing directions with regard to closure of the industry till it prepare itself to comply environmental laws particularly, Water Act, 1974, Air Act, 1981 and EP Act, 1986.
93. PSPCB is also directed to initiate criminal proceedings against the proponent for past violations and if any future violation is found, for the same also, in accordance with law, without any further delay.
94. Question III is answered accordingly.
95. OA is disposed of with the above observation, findings and directions.
96. Copy be forwarded to PSPCB, CPCB and District Magistrate, SAS Nagar, Mohali for information and compliance.”
In compliance of the point no. 92 to the above said orders of Hon’ble NGT dated 21.11.2024 the competent Authority of the Board has constituted the team of following officers of the Board vide no. 4399-4400 dated 25.11.2024 for inspection of the industrial unit from 1st week of December 2024 for the next 6 month for ensuring strict compliance of environmental laws by the industry:-
1. Er. Rajiv Gupta, Senior Environmental Engineer
2. Er. Rantej Sharma, Environmental Engineer
3. Er. Gurkaran Singh, Environmental Engineer
4. Er. Arshdeep Singh, AEE
5. Er. Charan Singh, ASO
In compliance to orders of the Competent Authority, the industry was visited by the joint committee on 04.12.2024 and during visit it was observed as under:
1. The industry was in operation and engaged in the business of manufacturing of bulk drugs. The team sought the production record from the industry for the last 03 months w.e.f September 2024. Accordingly, the representative of the industry submitted product wise production record of the unit for last 03 months. The team examined and the records submitted by the industry and found that the average production varies from 2.83 MTD to 3.20 MTD (varies from 57.4% to 64.9% of the capacity mentioned in the EC). The month wise average production made by the industry is as under:
Month September 2024 October 2024 November 2024
Total API Productions EC approved in MT/ Day Average MT/day Average MT/day Average MT/day
4.936 3.20 2.83 3.08
%age 64.90 57.40 62.47
From the above data, it has been found that the industry if operating its unit below the 75% of the installed production capacity and the capacity for which EC has been granted to the industry. As per the production record submitted by the industry, the unit is currently not manufacturing Menthol Crystals, Menthol Flakes and Menthol liquid/powder. Further, the industry has given an undertaking that the production record submitted is before sales and quarantine period.
2. During visit, it was observed that the industry has installed 02 no tubewells in its premises equipped with EMF meters. The industry is maintaining records of the readings of both these flow meters. The industry has submitted the records for the last 03 months i.e. September 2024 November, 2024 to the team and same has been examined and month wise details are as under:
Tubewell no. September 2024 October 2024 November 2024
1 23 0 06
2 939 908 945
Total 962 908 951
From the data submitted by the industry, it is interpreted that the industry has abstracted maximum quantity of groundwater @ 962 KLD in the month of September 2024 corresponding to a production of 64.90%. The team observed that the groundwater abstraction for the month of September 2024 was highest corresponding to the production capacity, which was also highest in September 2024. Further, the team observed that the groundwater abstraction for the month of October 2024 was lowest corresponding to the production capacity, which was also lowest in October 2024, i.e. 57.4%.
In order to cross verify, the records maintained by the industry, the team deputed one dedicated official of PPCB to monitor groundwater abstraction made by the industry in 24 hours. The water meter readings provided with two no. tubewells were taken by the said official at regular intervals for 24 hours and the same are as under:
Tubewell 1:
Time Reading on 04.12.2024 Reading on 05.12.2024 Difference
12:00 PM 916323 917218 895
02:00 PM 916412 917277 865
04:00 PM 916499 917330 831
06:00 PM 916516 917330 814
Tubewell 2:
Time Reading on 04.12.2024 Reading on 05.12.2024 Difference
12:00 PM 475055 475130 78
02:00 PM 475055 475130 75
04:00 PM 475095 475161 66
06:00 PM 475095 475176 81
The data examined by the team and readings taken during the 24 hours' time intervals reveal that the data maintained by the industry is in consonance with the actual consumption of fresh water in its premises.
3. The industry has installed 02 no. Multi Effect Evaporators (MEEs) of capacity 350 KLD and 90 KLD in its premises for treatment of High TDS (HTDS) effluent being generated from Unit I & II. Presently, the industry is operating only one MEE of capacity 350 KLD and second MEE of capacity 90 KLD was found not in operation. The industry has installed flow meters at various lines of MEE and maintaining record of the readings of these flow meters. The industry has submitted the records to the team for the period September 2024 to November 2024 & same has been examined and month wise details are is as under:
Particulars September 2024 October 2024 November 2024
MEE Feed 232 224 228
MEE Condensate 225 212 218
MEE Concentrate 7 11 9
From the data submitted by the industry, it is interpreted that the quantity of HDTS effluent taken in MEE of capacity 350 KLD for the month of September 2024 is 232 KLD corresponding to a production capacity 3.2 TPD (64.90%), which is highest during the period of Sep. 2024 to November 2024. Similarly, the quantity of HTDS taken to MEE for the months of October 2024 is 224 KLD corresponding to a production capacity 2.83 TPD (57.40%), which is the lowest during the period of Sep., 2024 to November 2024. Thus, the team felt that the generation of HTDS effluent is within the consented discharge of HTDS (combined for unit 1 & 2).
In order to cross verify, the records maintained by the industry, the team deputed one dedicated official of PPCB to monitor MEE feed in 24 hours. The water meter readings provided were taken by the said official at regular intervals for 24 hours and the same are as under:
Particulars Time Reading on 04.12.2024 Reading on 04.12.2024 Difference (KLD)
MEE Fee 12:00 PM 222571 222784 213
02:00 PM 222589 222790 201
04:00 PM 222612 222802 190
06:00 PM 222622 222816 194
MEE Condensate 12:00 PM 243548 243785 237
02:00 PM 243568 243792 224
04:00 PM 243592 243800 208
06:00 PM 243600 243810 210
The data examined by the team and readings taken during the 24 hours’ time intervals reveal that the data maintained by the industry is in consonance with the actual treatment of HTDS in MEE installed in its premises.
4. The industry has installed an Effluent Treatment Plant (ETP) of capacity 1500 KLD consisting of physio-chemical treatment followed by biological treatment for treatment of LTDS effluent being generated from unit-1 & 2 (including MEE condensate). The said ETP was found operational during visit of the team. The industry has installed flow meters at different lines of ETP. The industry is maintaining records of the readings of these flow meters and submitted the same to the visiting team during visit. The team examined the data submitted by the industry and month wise details for the period September 2024 to November2024 is as under:
Particulars September 2024 October 2024 November 2024
ETP inlet 1031 876.74 955
RO feed 802 687 728
RO Permeate 725 625 662
RO Reject 73 62 66
From the data submitted by the industry, it is interpreted that the quantity of LDTS effluent taken in ETP for the period of September 2024 to November 2024 varies 1031 to 876.74 KLD for corresponding to a production capacity varies from3.20 TPD (64.90%) to 2.83 TPD (57.4%). Thus, the team felt that the generation of LTDS effluent is within the consented discharge of LTDS (combined for unit 1 & unit 2).
In order to cross verify, the records maintained by the industry, the team deputed one dedicated official of PPCB to monitor quantity of LTDS effluent in 24 hours. The water meter readings provided were taken by the said official at regular intervals for 24 hours and the details are as under:
Particulars Time Reading on 04.12.2024 Reading on 05.12.2024 Difference
RO Feed 1
12.00 PM 308156 308536 380
02:00 PM 308218 308588 370
04:00 PM 308325 308630 305
06:00 PM 308358 308701 343
RO Feed 2
12.00 PM 318120 318523 403
02:00 PM 318120 318563 443
04:00 PM 318120 318603 483
06:00 PM 318120 318636 516
RO Permeate 12.00 PM 597735 598354 619
02:00 PM 597746 598472 726
04:00 PM 597812 598559 747
06:00 PM 597867 598619 752
RO Reject
12.00 PM 550889 550977 88
02:00 PM 550889 550990 101
04:00 PM 550889 551006 117
06:00 PM 550907 551022 115
The data examined by the team and readings taken during the 24 hours’ time intervals reveal that the data maintained by the industry is in consonance with the actual treatment of LTDS in ETP followed by RO installed in its premises.
5. The industry has now installed and commissioned STP of capacity 100 KLD at site for treatment of domestic effluent being generated from the unit-2. The industry is using treated domestic effluent after STP onto land for plantation developed within premises. The industry is maintaining record of the flow meters installed with the STPs and the details of last 03 months is as under:
Particulars September 2024 October 2024 November 2024
STP inlet(KLD) 52.7 55.1 53.4
STP outlet (KLD) 52.1 54.4 52.06
6. Team collected samples from ETP Inlet, RO Permeate, MEE Feed, MEE Condensate, MEE Concentrate and same were sent to Head Office Lab, Patiala for analysis of various parameters. The analysis results have been received on 26.12.2024. However, the results are also tabulated as under:
Sr. No. Parameters
STP Outlet MEE Feed MEE Reject MEE Condensate Inlet ETP RO Permeate Nectar Unit-1 LTDS Tank Nectar Unit-1 HTDS Tank RO Reject RO Feed Prescribed Standards
1. pH 7.2 9.3 5.4 5.7 6.6 6.7 6.8 6.7 7.2 7.6 6.0-8.5
2. Total Suspended Solids mg/l 11 1067 3010 12 177 12 146 103 231 45 100
3. Total Dissolved Solids mg/l 647 15190 95600 560 7135 546 1785 42690 9432 645 -
4 Chemical Oxygen Demand mg/l 65 - - - 4620 44 930 8060 608 180 -
5 Bio-chemical Oxygen Demand mg/ l 12 - - - 950 6 280 1750 - - 30
6 Oil & Grease mg/l BDL - - - 10.4 BDL BDL 12.4 - - -
7 Phosphate mg/l - - - - 5.1 BDL 8.1 10.2 - - -
8 Ammonical Nitrogen mg/l - - - - 8.4 BDL 9.2 11.6 - - -
9 Phenolic Compound mg/l` - - - - BDL BDL BDL BDL - - -
10 Total Chrome mg/l - - - - <0.1 <0.1 <0.1 <0.1 - - -
11 Hexa Chrome mg/l - - - - BDL BDL BDL BDL - - -
12 Zinc mg/l - - - - 0.19 <0.1 0.21 0.26 - - -
13 Copper mg/l - - - - <0.1 <0.1 <0.1 <0.1 - - -
14 Arsenic mg/l - - - - BDL BDL BDL BDL - - -
15 Mercury mg/l - - - - BDL BDL BDL BDL - - 0.01
16 Lead mg/l - - - - BDL BDL BDL BDL - - 0.01
17 Cyanide mg/l - - - - BDL BDL BDL BDL - - -
18 Sulphide mg/l - - - - 4.2 BD; BDL BDL - - -
19 Bio-assay - - - - - 90% survival of fish in 100% effluent after 96 hours - - - - 90% survival of fish in 100 % effluent after 96 hours.
From the above-mentioned results, it is clear that the industry is achieving prescribed effluent standards prescribed by the Board for such units. Also, results shows that there is significant decrease in concentration of TDS in MEE condensate.
7. The team has carried out groundwater sampling from inside and outside industrial premises. Samples were sent to Head Office Lab, Patiala for further analysis of various parameters.. However, the results are also tabulated as under:
Sr. no. Parameters Piezometer 1 (Unit-2) Piezometer 2 (Unit-2) Piezometer1
(Unit-1) Tubewell in the house of Sh Harsh, Village HaripurHinduan
Tubewell of Govt. School, Haripur Hinduan Tubewell at Gugga Madi, Village Haibatpur
Tubewell at Water work, Village Haibatpur
1 pH 6.8 7.2 7.0 6.8 7.3 7.2 7.1
2 TSS Solids mg/l <5 <5 <5 <5 <5 <5 <5
3 COD mg/l <5 <5 <5 <5 <5 <5 <5
4 TDS mg/l 481 312 509 474 534 488 317
5 BOD mg/l <5 <5 <5 <5 <5 <5 <5
6 Oil & Grease mg/l BDL BDL BDL BDL BDL BDL BDL
7 Phosphate mg/l BDL BDL BDL BDL BDL BDL BDL
8 Ammonical Nitrogen mg/l BDL BDL BDL BDL BDL BDL BDL
9 Phenolic Compound mg/l BDL BDL BDL BDL BDL BDL BDL
10 Total Chrome mg/l <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
11 Hexa Chrome mg/l BDL BDL BDL BDL BDL BDL BDL
12 Zinc mg/l <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
13 Copper mg/l <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1
14 Arsenic mg/l BDL BDL BDL BDL BDL BDL BDL
15 Mercury mg/l BDL BDL BDL BDL BDL BDL BDL
16 Lead mg/l BDL BDL BDL BDL BDL BDL BDL
17 Cyanide mg/l BDL BDL BDL BDL BDL BDL BDL
18 Sulphide mg/l BDL BDL BDL BDL BDL BDL BDL
From the above mentioned results, it can be concluded that there is no adverse effect on the groundwater quality for the operation of the industry.
8. There is a natural drain namely Haibatpur drain passing adjoining to the boundary wall of the unit. No discharge of industrial was found in the said drain during visit of the team. Samples from said drain on upstream as well as downstream of the industrial unit were collected and sent to Head Office Lab for analysis of various parameters. However, the results are also tabulated as under:
Sr. no. Parameters
U/s of Industry from Haibatpur Drain D/s of the Industry from Haibatpur Drain
1 pH 7.6 7.5
2 Total Suspended Solids mg/l 24 30
3 Total Dissolved Solids mg/l 585 607
4 Chemical Oxygen Demand mg/l 80 83
5 Bio-Chemical Oxygen Demand mg/l 17 18
6 Phosphate mg/l 2.5 2.8
7 Ammonical Nitrogen mg/l 4.6 4.8
8 Phenolic Compound mg/l` BDL BDL
9 Total Chrome mg/l <0.1 <0.1
10 Hexa Chrome mg/l BDL BDL
11 Zinc mg/l 0.46 0.49
12 Copper mg/l <0.1 <0.1
13 Arsenic mg/l BDL BDL
14 Mercury mg/l BDL BDL
15 Lead mg/l BDL BDL
16 Cyanide mg/l BDL BDL
17 Sulphide mg/l BDL BDL
From the above me
From the above-mentioned results, the team felt that there is no substantial change in the concentration of various parameters in the samples collected from upstream side as well as downstream side of the industry. Thus, these results rule out the possibility of discharge of treated/ untreated effluent by the industrial unit into the said drain.
9. M/s Interstellar Testing Center Pvt. Ltd., Panchkula was contacted for testing the samples for cefixime parameter. Accordingly, sample were sent and analysis results have been received. However, the results are also tabulated as under:
Sr. no. Location of sampling Parameter Measuring Unit Instrument Method Result
1. Cafixime Ground water Marked as sample from PWD rest houses Mubarikpur µg/l LCMSMS Inhouse BLQ(LOQ:02)
2. Cafixime Ground water samples from Piezometer-I µg/l LCMSMS Inhouse BLQ(LOQ:02)
3. Cafixime Ground water from Piezometer-II µg/l LCMSMS Inhouse BLQ(LOQ:02)
4. Cafixime Ground water sample from School of Village Haripur Hindua µg/l LCMSMS Inhouse BLQ(LOQ:02)
5. Cafixime Ground water sample from Ground water works of Village Haibatpur µg/l LCMSMS Inhouse BLQ(LOQ:02)
6. Cafixime Ground water from Guggamadi of village Haibatpur µg/l LCMSMS Inhouse BLQ(LOQ:02)
7. Cafixime RO permeate µg/l LCMSMS Inhouse BLQ(LOQ:02)
8. Cafixime Ground water piezometer of Unit 1 µg/l LCMSMS Inhouse BLQ(LOQ:02)
9. Cafixime Surface water- Haibatpur drain upstream µg/l LCMSMS Inhouse BLQ(LOQ:02)
10. Cafixime Surface water- Haibatpur drain downstream µg/l LCMSMS Inhouse BLQ(LOQ:02)
11.
Cafixime From PWD rest house Mubarikpur (reference sample). µg/l LCMSMS Inhouse BLQ(LOQ:02)
Note: NA- Not Applicable, LOQ- Limit of Quantification, BLQ- Below limit of Quantification
From the above mentioned results, it has been found that the concentration of Cafixmine, were found below limit of quantification in all the samples.
10. The industry is generating hazardous waste of category 35.3 i.e. ETP sludge and MEE salt of schedule-I of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. The industry has provided sludge drying beds near the ETP area for drying of sludge. The industry is lifting this sludge to M/s Nimbua Greenfield Pvt. Ltd. the industry has provided common hazardous waste storage room, wherein partitions have been made for storage of different categories of hazardous waste. The industry is maintaining the record w.r.t generation of sludge, lifting and lying stored. Industry is also maintaining the records of manifests vide which the sludge had been got lifted to Nimbua. During visit, it was observed that around 5 Tonnes of ETP sludge was lying stored in the hazardous waste room.
The team sought the records from the industry in above regard for the last six months. Accordingly, the industry has supplied the records and same has been examined and month wise details of the sludge are as under:
Monthly Average
September 2024 October 2024 November 2024
Hazardous waste of category 35.3 (ETP sludge & MEE salt in MT) generation 2278 Kg
4123 Kg 3233 Kg
11. It is mentioned here that earlier the industry had stored HTDS and LTDS effluent generated from Unit-1 in two no. tanks inside the premises of unit II. During the visit, it was observed that the industry has given treatment to earlier stored LTDS effluent in the ETP installed in unit II and the said tank is now emptied. During visit of team, no effluent was found stored in the said tank. In this regard, the representative of the industry informed that now the LTDS of unit I is being directly taken to ETP for treatment and as such, there is no requirement for storage of LTDS is the said old tank.
Similarly, it was observed that the has given treatment to earlier stored HTDS effluent in the MEE installed in unit II & sludge has been got lifted to TSDF Nimbuan and the tank is now emptied. During visit of team, no effluent was found stored in the said tank. In this regard, the representative of the industry informed that now the HTDS of unit I is being directly taken to MEE for treatment and as such, there is no requirement for storage of HTDS is the said old tank.
12. The team observed that the industry is generating boiler ash and the same is being disposed off outside the industrial premises. As informed by the representative of the industry, the boiler ash is being given to the brick kiln owners. However, the team found that the industry has also dumped boiler ash in its premises near boiler house. The industry was found covering the already dumped boiler ash with good earth and some area was found to be covered with green mesh sheets. The industry was advised to not to dump any fresh boiler ash in any place inside its premises and cover the earlier boiler ash with good earth, immediately. Further, the industry was also advised not carry out ash quenching with treated trade & domestic effluent. Further, the industry was advised to maintain the records wr.t. generation of boiler ash, storage of boiler ash and its disposal from its industrial premises. The industry shall submit the records to the office of EE, RO, SAS Nagar on monthly basis, so as to monitor the boiler ash generation & its disposal.
13. It is worth to mention here that there is another unit of the industry namely M/s Nectar Lifesciences Ltd., Unit-I, Vill. Saidpur, Tehsil Derabassi and it is engaged in the business of manufacturing of API and bulk drugs. The LTDS effluent (including domestic effluent) and HTDS effluent generated from the process of this unit is being taken for treatment through permanent pipeline to Unit-II.
14. During visit, it was observed that the industry has kept many drums containing raw material and solvents in open area in the premises of M/s Nectar Lifesciences Ltd., Unit-I. The industry has started construction work of shed for storage of drums containing solvents in its premises and the same was under progress during the visit.
15. The industry was handed over the a copy of the orders dated 21.11.2024 passed by the Hon’ble National Green Tribunal in the matter of O.A no. 176 of 2023, Shallabjit Singh v/s State of Punjab.
The joint committee has made certain recommendations in the report, which are reproduced as under:
i. The team has collected the groundwater samples from inside as well as outside the industrial premises, which were got analyzed for various parameters from Board's Lab. Also, the samples were got analyzed for parameter cefaxime from M/s Interstellar Testing Center Pvt. Ltd., Panchkula. The results have been examined by the team and found that there is no adverse effect on quality of groundwater with operation of the unit.
ii. The analysis results of the samples collected on upstream and downstream of the industry from Habitpur drain rule out the possibility of discharge of treated/ untreated effluent by the industrial unit into the said drain.
iii. The industry has installed ETP followed by R.O and MEE for treatment of LTDS and HDTS effluent. The industry reusing the entire RO permeate into cooling tower makeup water, thereby achieving zero liquid discharge (ZLD) in its premises.
iv. The industry has now installed and commissioned STP of capacity 100 KLD for treatment of domestic effluent being generated from the unit. The industry is discharging treated domestic effluent after STP onto land for plantation developed by it within its premises.
v. The industry i.e. unit-2 is being operated within the production capacity for which it has been allowed, i.e. at 75% of the installed capacity, for the months of September 2024 to November 2024.
vi. The industry is required to cover the already dumped boiler ash with good earth immediately and not to dump/store any now boiler ash in open area. The industry is required to maintain the records wr.t. generation, storage & disposal of boiler ash from its industrial premises and submit the same to the office of EE, RO, SAS Nagar on monthly basis.
vii. The industry is required to complete the construction of shed in Unit I for storage of solvent drums, at the earliest, so as to ensure that no solvent drum is stored in open area.
In view of the orders of the Hon'ble NGT, the industry was issued following directions vide Board's letter no. 4595-96 dated 9/12/2024: -
a) The industry shall deposit the interim Environment Compensation amounting to Rs. 5.0 Crores with the Punjab Pollution Control Board within two months i.e. by 20/1/2025.
b) The industry shall provide details of the turnover of the industry from the year 2019 onwards immediately in the O/o Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar.
The industry was visited by officer of Regional Office, SAS Nagar on 10/12/2024 and the Orders of Hon'ble NGT was delivered to the representative of the industry during the said visit. Also, the industry was requested to submit the details w.r.t turnover of the industry for the last five years. However, the industry has failed to submit any details of the same to the Board so far.
The industry has also failed to deposit the interim Environment Compensation amounting to Rs. 5.0 Crores with the Punjab Pollution Control Board within two months i.e. by 20/1/2025 to comply with the orders of the Hon'ble NGT.
The industry has failed to comply with the order of the Hon'ble NGT, thus violating the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 intentionally and deliberately.
In view of orders of the Hon'ble NGT, the actual environmental compensation is to be imposed on the industry by the Board for violating the environmental norms.
The matter has been considered by the Competent Authority and it has been decided to impose environmental compensation on the industry for violating the environmental norms after affording an opportunity of personal hearing, due to aforesaid violations.
As such, notice for imposition of environmental compensation on the industry for violating environmental norms was issued to the industry vide Board's letter no. 5314-15 dated 17/01/2025 along with an opportunity to appear in person before the Chairman in his office at Punjab Pollution Control Board, Vatavaran Bhawan, Nabha Road, Patiala on 23/01/2025 at 11.00 am.
Further, the Competent Authority of the Board has also decided that the industry shall submit its details of turnover of last five years well before the date of hearing in the O/o Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar.
The representatives of the industry attended the hearing and submitted a written reply, which has been taken on record. They informed that the industry has filed an appeal before the Hon’ble Supreme Court of India against the orders dated 21.11.2024 of the Hon’ble NGT, which was listed on 17.01.2025 in the Hon’ble Supreme Court of India. The Board has been made as respondent no. 2 in the said appeal. The Hon’ble Supreme Court of India has listed the appeal for hearing on 04.02.2025. The representatives of the industry requested not to take any punitive action against the industry and informed that the industry is now complying with the environmental laws.
It was observed by the Chairman of the Board that there are no stay orders on the orders dated 21.11.2024 of the Hon’ble NGT. After hearing the officers of the Board and the representatives of the industry, the Chairman of the Board decided as under:
1) The industry shall provide details of the turnover of the industry from the year 2019 onwards in the O/o Environmental Engineer, Punjab Pollution Control Board, Regional Office, SAS Nagar, within 2 days.
2) Environmental Engineer, Regional Office, SAS Nagar shall calculate the environmental compensation to be imposed upon the industry in compliance to the orders of the Hon’ble NGT after the industry submits the details mentioned at Sr. No. 1.
3) The industry shall be re-heard after 04.02.2025 and further action shall be taken after the decision/orders dated 04.02.2025, if any, of the Hon’ble Supreme Court of India.
In compliance to hearing decisions:
i. The calculation sheets was sent to the Head Office vide enoting no. 27439298. However, the industry has failed to submit the turnover details to the Board.
ii. The industry had filed a stay application appeal in the Hon’ble Supreme Court of India against the orders of Hon’ble NGT. The appeal has been listed in Hon’ble Supreme Court of India no. Civil Appeal no. 334/2025 titled as Nector Lifesciences Limited Vs Shalabhjit Singh & Ors. The case was heard on 10/02/2025 and the Hon’ble court has passed the orders as reproduced as under :-
“Respondent state shall file the status report within three weeks.”
The reply of the said case has been filed by the Board through counsel engaged by the Board in the Hon’ble court on 10.02.2025.
The listing of case is showing on the tentative list of the Hon’ble Supreme Court of India is on 03/03/2025.
The site of the industry was again visited by the joint Committee on 15.01.2025 and 21.02.2025
From the above, it is evident that the as per the report of the Joint Committee the industry was found complying with the provision of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981. However, in compliance to the Hon’ble NGT orders and personal hearing dated 21/11/2024, the industry has failed to deposit Environmental Compensation amounting to Rs. 5.0 crore, so far.
In view of the above, it is recommended that the show cause notice may be issued to the industry for refusal of the consent to operate under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 with an opportunity of personal hearing before the Chairman of the Board.
*Competency- Worthy Chairman of the Board. |
