| File Note: |
It is submitted that the details of the case are given in the note of AEE, which may kindly be perused. Earlier, the industry was served with notice to issue direction u/s 33-A of the Water Act, 1974 and u/s 31-A of the Air Act, 1981 vide no. 3944 dated 08/07/2016 for closure of the unit, due to the reasons mentioned therein with an opportunity of personal hearing on 19/07/2016. Wherein, it was decided as under:
1. The industry shall submit a bank guarantee amounting to Rs. 1.0 Lac within a week at Regional Office, SAS Nagar, as an assurance to comply with the non-compliances observed during visit dated 24/05/2016 and also to comply with the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981.
2. Environmental Engineer Regional Office, SAS Nagar shall visit the industry after 15 days to verity the compliances made by the industry and send the report with conclusive recommendations for taking further necessary action in the matter.
3. Further action in the matter will be taken after receipt of report from the Regional Office, SAS Nagar.
Now, the industry has applied for renewal of consent to operate under the Air Act, 1981 along with requisite documents. The consent fee deposited by the industry is adequate upto 30/06/2021 as per Board's new circular dated 18/07/2013. As reported by R.O. the industry was visited on 12/08/2016 and it was observed that the industry was not in operation. However, the industry has adopted the code of practice framed by the Board for screening cum washing plant. The industry has submitted bank guarantee amounting Rs. 1 lacs vide no. 0294-02962804-916001/004571 dated 04/08/2016, valid upto 03/08/2017, with the Regional Office, SAS Nagar. Environmental Engineer, Regional Office, SAS Nagar has reported that the industry is complying with the decisions of personal hearing held on 19/07/2016. Accordingly, R.O. has recommended that:
1) Notice to issue directions u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 and u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 issued to the industry may be dropped.
2) The validity of the consents granted under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 be extended up to 30/06/2020, subject to the suitable conditions.
In view of the facts mentioned above, if approved, Environmental Engineer, Regional Office, SAS Nagar be allowed to grant consent to operate under Air Act, 1981 to the industry upto the adequacy of consent fee as per the powers delegated by the competent authority. Further, the action initiated u/s 31-A of the Air Act, 1981 against the industry may please be dropped. (Competency : CEE)
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