AI Structured Summary
Not yet generated for this judgment
Judgment
Grievance in this application is against operation of following industrial units:
§ Avtar Steel, Village Liwaspur, Sonipat,
§ Toyo Steel, Bahalgarh Road, Sonipat,
§ Anand Glass Sheet, Village Liwaspur, District Sonipat and
§ Maneta, Village Shamabad
It is stated that the said units are generating toxic air pollution in melting of iron, glass and other products, without any safeguards. They are also extracting ground water illegally.
Vide order dated 27.10.2021, the Tribunal sought a factual and action taken report from the State PCB. Accordingly, the State PCB has filed its report on 13.09.2022 giving the compliance status in respect of units in question as follows:
“i. M/s Avtar Steel, Bahalgarh Road, Sonipat.
· The said unit is engaged in the manufacturing of SS ingots by using various scraps like SS scrap, MS Scrap, AS scrap, Ferro Chromium, Ferro Manganese, Ferro Silica, Ferro Nickel etc. The production capacity of the Plant is 3000 MTA and as per Board categorization unit falls under Orange Category. Unit has installed one no. induction furnace and one no. Argon Oxygen Decarburization (AOD) furnace as source of air emission. Unit has provided primary and secondary extraction hoods, cyclone separators and bag filters as air pollution control devices to control air emission and further attached with a common stack of height 30 mtrs to meet the air emission standards. Unit is using electricity and LPG as fuel in the furnaces. First of all, the scrap is being melt in Induction Furnace and after completing the melting, molten is transferred to AOD furnace to further purification as per market demand. Sample of air emission from the stack was collected and was sent to the Board Laboratory for analysis and as per AM No. 1501 dt. 06.041022 parameters are found within the prescribed norms. Copy of analysis report is attached as Annexure-C-1. Unit has also provided 03 Nos. DG sets having capacity of (1000x2+300) KVA with proper stack height as per CPCB norms and with inbuilt acoustic enclosures to control noise pollution.
· There is no use of water in the manufacturing process therefore no generation of any trade effluent. Domestic effluent generated from the unit is being discharged into septic tank followed by soak pit. Sample of ground water from bore-well installed premises was also collected and as per AIR No. 4790 dt. 08.04.2022, no contamination was observed into ground water. Copy of analysis report is attached as Annexure-C-2. The unit has applied for obtaining permission from Haryana Water Resources Authority (HVVRA) vide application no. HWRA/I ND/N/2021/202 dated 19.08.2021.
· Unit has obtained Consent to Operate (CTO) under Water (Prevention and Control of Pollution) Act, 1974 & Air (Prevention and Control of Pollution) Act, 1981 and authorization under Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016 valid up to 31.03.2025.
ii. M/s. Toyo Spring, Bahalgrah Road, Sonipat
· The unit engaged in manufacturing of leaf springs and as per Board categorization of HSPCB, unit falls under Orange Category, Unit has installed four nos. heating furnace and two nos, tampering furnace to complete the process of Harding and heat treatment and unit is using PNG as fuel into the above mentioned furnaces. Unit has also installed two nos. paint booth with filters as Air pollution control devices. During the process there is no visible air emission as cleaner fuel is used. Unit has also provided 03 Nos. DO sets having capacity of (500x2+1000) KVA with proper stack height as per CPCB norms and with inbuilt acoustic enclosures to control noise pollution.
· There is no use of water in the manufacturing process therefore, there is no generation of any type of trade effluent, only domestic effluent is being generated for which unit has provided STP for treatment of domestic effluent. Sample of effluent from STP outlet was collected and as per analysis report no. 4788 dated 08.04.2022, parameters are found within prescribed norms. Copy of analysis report is attached as Annexure-C-3.
· Unit has installed one no. bore-well in its premises and obtained permission from ground water authority vide no. HWRA/NOC/IND/N/2022/273 valid upto 24.03.2023 for ground water extraction. Further, sample of ground water from bore well was also collected and as per analysis report vide no. 4791 dated 08.04.2022, there was no contamination observed in the ground water. Copy of analysis report is attached as Annexure-C-4.
· Unit has obtained Consent to Operate (CTO) under Water (Prevention and Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 and authorization under Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016 valid upto 31.03.2023.
iii. M/s Anand Glass Works, Village Liwaspur, District-Sonipat
The unit is engaged in cutting, sizing and finishing of glass sheets. There is No air emission generation from the process. Water is used for cutting of glass, sizing of glass, further into rubbing & edging process of glass, unit has not provided any provision for treatment of effluent like settling tanks/ ETP, during inspection unit was found discharging its trade effluent into underground water tank without any treatment. Sample of trade effluent was collected and was sent to the Board laboratory for analysis and as per analysis report no. 4792 dated 08.04.2022, pH value was found 10.17 against the limit of (5.5-9.0). Copy of analysis report dated 08.4.2022 is attached as Annexure-C-5. Show cause notice for closure and imposition of environment compensation was issued to the unit vide letter no. HSPCB/SR/200/53-54 dated 13.04,2022, the reply submitted by the unit on 29.04.2022 was not found satisfactory and accordingly, recommendation for closure of unit was sent to Head office vide this office letter no. HSPCB/SR/2022/216 dated 06.05.2022. Accordingly, Closure Order was issued against the unit by the authority and closure orders were implemented on 19.05.2022 and compliance report dt. 19.05.2022 is attached as Annexure-C-6.
· Environment. Compensation against the unit for violation of environmental laws was calculated and Rs. 5,06,250/-has been recommended for imposition of EC to the authority vide this office letter No. HSPCB/SR/1386 dt. 30.07.2022 which is under process with the Head Office at Panchkula. Copy of recommendation of EC is attached as Annexure-C-7. This office is also in the process of filling complaint in the Special Environment Court, Kurukshetra after obtaining with required approval from Competent Authority.
iv. M/s Meneta Automotive Components Pvt. Ltd., Village Hasamabad, Bahaigarh, Sonipat.
· The unit engaged in the manufacturing of auto parts for break lining and falls under Orange Category. Unit has obtained Consent to Operate (CTO) under Water (Prevention and Control of Pollution) Act, 1974 & Air (Prevention and Control of Pollution) Act, 1981 valid upto 31.03.2025 and authorization under Hazardous and other Wastes (Management & Transboundary Movement) Rules, 2016 upto 31.03.2025, The Unit has installed one no. bore-well in its premises and obtained permission from ground water authority vide no. HWRA/NOC/1ND/N/2022/476 valid upto 04.07.2023 for ground water extraction, There is no generation of any type of trade effluent from the process and only domestic effluent is being generated for which unit has installed Sewage treatment plant (STP) The unit was inspected by the team of Officers of HSPCB on 28.08.2021 (before passing order in present OA). During inspection the unit was found discharging its domestic effluent without any treatment through by adopting "bye-passing arrangement", directly into Rain Water Harvesting Pit, sample of effluent was collected from Rain Water Harvesting Pit by the team of Officers in the presence of representative of unit and as per the analysis report No. 2229 dated 13,09.2021 the parameters are found exceeding the prescribed norms. Relevant portion of the analysis report is reproduced here:
Sr.
No.
Parameters
Result (outlet of STP)
Test Method
Color
Turbid
As per relevant parts of
IS:2488 (Part V)
and Standard methods for the Examination of Water and
Waste Water
APHA (22nd
edition)
1
Odour
Bad
2
pH Value
8.21
3
BOD (mg/l)
82
4
COD(mg/l)
288
5
TSS (mg/l)
114
6
Oil and Grease (mg/l)
4
7
TDS (mg/l)
1510
8
Turbidity NTU
3.98
9
Ammonical-N (mg/l)
12.91
10
Total Hardness (mg/l)
650
11
Calcium (mg/l)
185.6
12
Magnesium (mg/l)
45.198
13
Chloride (mg/l)
400
14
Conductivity (u S/cm)
2760
15
Sulphate (mg/l)
13.96
16
Sulphide (mg/l)
N.D.
17
Fluoride (mg/l)
0.33
18
Total Phosphate (mg/l)
0.96
19
Iron (mg/l)
N.D.
· Thereafter, Show cause notice for closure was issued to the unit by the Office vide latter dated 17 09 2021 and the reply submitted by the unit was not found satisfactory, thereafter recommendation for closure was sent to. HSPCB, Panchkula and closure order was issued by the Competent Authority vide letter dated 27.12.2021. Copy of closure order issued against the unit by the board is attached as Annexure-C-9.
· The unit was visited on 30.12.2021 for implementation of closure order but the unit has shown the stay order dated 30.12.2021passed by the Appellate Authority. Therefore, the closure orders against the unit were not implemented. Copy of stay order issued by the appellate authority is attached as Annexure-C-10. When the appeal was listed on 27.01.2022 and on that day the appellate authority directed the Board to-re-inspect the unit for re-collection of sample and to submit the report and to come up on 17.02.2022 in the meantime, stay already granted on operation of impugned order of the Board to continue till next date of hearing.
· The unit was again re-inspected by the concerned officer of the Board on 30.03.2022 and sample of effluent from STP outlet was collected and sent to Board laboratory for analysis and as per analysis report no. 4789 dated 08.04.2022 from Board's lab at Panchkula, parameters are found within prescribed norms. Copy of analysis report dated 08.04.2022 is attached as Annexure-C-11. The appeal is still pending before the Appellate Authority.”
·
From the above, it is seen that M/s Anand Glass Works and M/s Meneta Automative Components Pvt. Ltd. are non-compliant. M/s Anand Glass Works is said to have been closed and compensation calculated for the past violations which is in the process of being levied. Let the same be finalised within one month.
With regard to M/s Meneta Automative Components Pvt. Ltd., closure order has been passed but the matter is pending in appeal before the Appellate Authority. However, on reinspection, the unit has been found compliant. Thus, only issue is of accountability for the past violations which may be dealt with in accordance with law expeditiously.
The application is disposed of.