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Judgment
Proceedings in this application have been initiated in the light of captioned media report to the effect that a massive fire broke out in a solvent factory in Mawana, District Meerut, U.P., due to blast which resulted in air pollution.
Vide order dated 28.04.2022, the Tribunal sought a factual report in the matter from a joint Committee of CPCB, State PCB, District Magistrate, Meerut and Director, Industrial Safety, U.P.
The matter was last considered on 18.07.2022 in the light of report of the joint Committee filed on 12.07.2022 identifying the unit as M/s AADI Solvent Recyclers Pvt. Ltd., Khasra No. 506/1,2,3,4,505, Nangli Isha, Mawana, Meerut – 250002 and finding non compliances as follows:-
“36. Specific observations:
The unit was inspected on 27th May, 2022 in compliance to NGT order in OA no. 304/2022 by Joint team comprising of officials from CPCB, UPPCB, Industrial safety, Fire department and District administration.
At the time of inspection unit was found operational.
The unit is engaged in recovery of solvent from mixed solvent from mixed solvent by simple distillation method.
Unit is having valid consent from UPPCB under Air and Water Act and the same was valid upto 3 1/07/2025.
The unit have valid authorization under Hazardous & Other Wastes (Management & Transboundary Movement) Rules, 2016 upto 21/04/2025.
The unit has four raw material storage tanks for storing mixed chemicals having capacity of 50 KL(2 Nos.) and 30 KL (2Nos).
The unit produces Thinner, Acetone, Toluene, IPA, Ethyl Acetate as finished product.
The unit has 12 Tank of total 235 KL for storage of finished goods, out of 12 tanks five were of 12 KL, One of 15 KL, two of 20 KL, one of 25 KL, two of 30 KL and one of 35 KL.
No hazardous waste display board was found at entry gate of the Unit.
Unit has installed one borewell for meeting freshwater requirement but CGWA/UPGWD permission was not available with the unit.
No flow meter was installed at borewell and no logbook for keeping record of freshwater consumption was found.
The unit has one wood fired boiler of two tonne capacity with cyclone dust collector as air pollution control device.
No data of fuel consumption (wood consumption in boiler) was available with the unit.
The unit has ETP of 10 KL capacity. ETP comprises of O&G trap—Primary settling tank—Bio reactors(2Nos) —Secondary clarifier—treated water tank—Sludge drying beds—The ETP was found operational at the time of inspection.
As per unit the ETP treated water has been recycled within the .Unit's premises but no data of recycled water was available with the unit. Also, no such recycling/ reuse of treated effluent was observed at the time of visit by the joint team.
No flow meters were found installed at the ETP inlet & outlet of ETP. Also no logbooks were found maintained at ETP regarding effluent treatment & chemical consumption.
Colored effluent & sludge was observed to be scattered in and around ETP area.
Unit is having an agreement dated 24.5.2022 with M/s UPWMP (CHW-TSDF) Site, Kanpur Dehat [Membership No UPWMP-KNP-HzW-CHW-TSDF-1993].
The unit has Authorization of hazardous and other waster valid till 21/04/20225 with a quantity of total 100 KL/annum of waste but till now no data of waste or sludge disposal was available with the unit.
The unit was found complying w.r.t. the prescribed norms as per the consent granted by UPPCB. [pH 7.8 against 6.5 -8.5; Oil & grease 4.6 mg/1 against 10 mg/1; suspended solids — 34.8 mg/1 against 100 mg/1; BOD 18.1 mg/1 against 30 mg/I and COD — 172 mg/1 against 250 mg/1]
UPPCB officials carried out stack monitoring and the SPM — 545.45mg/Nm3 was found against the prescribed norm of 800mg/Nm3.
It was observed that highly flammable raw material is not stored properly as it was kept outside without shade even during sunny summer day.
Loading and Unloading of raw material was observed to be improper as very highly flammable raw material stored in container were rolled over on concrete surface.
As per Report sent by Assistant Director, Factory dated 07.06.2022, following were the observations (Annexure-I):
At the time of fire incident dated 27.04.2022 at 12:40 PM, raw material i.e. Spent Heptane + Toluene (Mix Solvent) from tanker were unloading in the drum and kept outside shade/ raw material storage room.
The unit had several 200 liter drum of very highly flammable raw material kept outside shade in sunny summer day.
The leakage from tanker spread over warm road and get fire which spread from tanker, godown and office.
On site emergency plan (Annexure-II) was provided by the unit but no emergency plan mock-drill were shown.
As per report of Fire Department, Meerut dated 27.05.2022 (Annexure-III)
The unit has 2 lakh liter capacity underground water tank which was empty at the time of inspection
Near underground water tank two electrical pump of capacity — 2280 LMPO, one diesel pump of capacity — 2280 and two jockey pump of capacity 180 LMP were not present.
Yard hydrant was available but not functional.
The unit does not have terrace tank of capacity 20000 liters.
The unit doesn't have Automatic detection and fire alarm and Manually operated fire alarm and automatic sprinkler system
The unit's 1000 liter foam compound (ARAFFF) for fire safety was burnt in fire which was supposed to be kept in other room.
The medium velocity water spray for cooling radiation hazards and foam porer on tanks were not available in the unit premises.
Long range foam monitor was not installed in the unit premises.
Specific recommendations/suggestions:
Unit shall install flowmeters at all water abstraction points.
Unit shall install flowmeters at ETP inlet & outlet.
Unit shall maintain proper record for fresh water consumption, chemical consumption at ETP, effluent generation & discharge, fuel consumption in boiler.
Unit shall maintain proper logbook for raw material consumption & final product.
Unit shall make separate arrangement for storage of Hazardous Waste in ETP area in compliance to HW Rules,2016.
Unit shall obtain permission from CGWA/UPGWD for ground water abstraction.
Unit shall ensure proper handling & storage of Hazardous chemicals in accordance with Rules.
Unit shall ensure and adopt all the necessary fire safety and management measures to prevent and control any kind of fire incident in future.”
The Tribunal accordingly directed remedial measures and also sought further action taken report in the matter. The operative part of the order is as follows:-
“3. From the above, there is lack of adequate safety precautions in operating hazardous activities in violations of statutory Rules - Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. No emergency plan mock drill was conducted, there is no display board, no proper storing of inflammable material, wood fired Boiler is itself safety hazard at the concerned location. This calls for action against violation of statutory Rules under the EP Act. Let the unit take remedial action forthwith which may be overseen by the State PCB and the Director Industrial Safety. In default, coercive measures, including closure may be taken, following due process. Further, there is need to ascertain by the Director Industrial Safety, UP whether siting of the unit is appropriate and if the siting is found to be inappropriate, the same needs to be relocated at appropriate location. An action taken report may be filed by the State PCB and Director Industrial Safety within one month by email. The State PCB will be the nodal agency for compliance. The PP may also be put to notice of these proceedings by the State PCB.”
In view of above, further report has been filed by the State PCB mentioning the remedial action taken as follows:-
“
S.No
Shortcoming as mentioned in order dated 18/07/2022
Compliance Status at site
1
No hazardous waste display board was found at entry gate of the Unit.
A display board at the Entry gate of the unit was found regarding Hazardous waste. Photograph ofsaid display board is annexed as annexure-l.
2
Unit has installed one borewell for meeting freshwater requirement but CGWA/UPGWD permission was no available with the unit.
Unit has installed flow meter at two water abstraction points. OIHP near Boiler and I.5HP in the plant area. Photographs of installed flow meter are annexed as annexure-2. The reading flow meter were 15.29m3 and 84.77m3 log book of the water meters are attached. Unit has applied for registration regarding water abstraction before UPGWD, Meerut.
3
No flow meter was installed at borewell and no logbook for keeping record of freshwater consumption was found.
Unit has installed flow meter at two water abstraction points. 01HP near Boiler and 1.5HP in the plant area. Photographs of installed flow meter arc annexed as annexure-2. The reading flow meter were 15.29m3 and 84.77m3 log book of the water meters are attached.
4
No data of fuel consumption (wood consumption in boiler) was available with the unit.
The log book of fuel consumption (wood consumption in boiler) is attached as annexure-3.
5
As per unit the ETP treated water has been recycled within the Unit's premises but no data of recycled water was available with the unit. Also, no such recycling/ reuse of treated effluent was observed at the time of visit by the joint team.
No water meter was found at the recycle point after ETP.
6
No flow meters were found installed at the ETP inlet & outlet of ETP. Also no logbooks were found maintained at ETP regarding effluent treatment & chemical consumption.
Flow meters at inlet & outlet of ETP are installed. The Photographs of installed flow meters are annexed as annexure-4. The logbooks found maintained regarding Chemical consumption regarding ETP. The records found at the time of inspection is attached.
7
Colored effluent & sludge was observed to be scattered in and around ETP area.
A Photograph of ETP is annexed as annexure- 5. No colored effluent & no sludge was observed in scattered in around ETP area.
8
It was observed that highly flammable raw material is not stored properly as it was kept outside without shadeeven during sunny summer day.
The highly flammable raw material used by the unit were found stored in covered shed. A Photograph is annexed as annexure-6
9
Loading and Unloading of raw material was observed to be improper as very highly flammable raw material stored in container were rolled over on concrete surface.
No rolling over on concrete surface of highly raw material was observed. Regarding Loading and Unloading of raw material unit is using Man rolled trolly. A photograph is annexed as annexure-7
As per Report sent by Assistant Director of Factories dated 07.06.2022
10
At the time of fire incident dated 27.04.2022 at 12:40 PM, raw material i.e. Spent Heptane + Toluene (Mix Solvent) from tanker were unloading inthe drum and kept outside shade/ raw material storage room.
No raw materials were found kept outside the covered shed.
11
The unit had several 200 liter drum of very highly flammable raw material kept outside shade in sunny summer day.
The 200 liters drum of raw materials, highly flammable were found kept in the covered shed.
12
On site emergency plan (Annexure--111) was provided by the unit but no emergency plan mock-drill were shown.
Mock-drill was conducted on dated 10-08-2022.
As per report of Fire Department, Meerut dated 27.05.2022
13
The unit has 2 lakh liter capacity undergroundwater tank which was empty at the time of inspection
The Underground water tank of capacity 2 lakh litre was found filled with water.
14
Near underground water tank two electrical pump of capacity — 2280 LMPO, one diesel pump of capacity — 2280 and two jockey
pump of capacity 180 LMP were not present.
The said electrical pump of capacity - 2280 LPM, one diesel pump of capacity — 2280LPM and one jockey pump of capacity 180 LPM were found in operating stage.
15
Yardhydrant was available but not functional.
Yard hydrant system found in operating stage.
16
The unit doesn't have Automatic detection and fire alarm and Manually operated fire alarmand automatic sprinkler system
The unit is having Automatic detection and fire alarm and Manually operated fire alarm and automatic sprinkler system. The said fire alarm system found in operating stage.
17
The unit's 1000 liter foam compound (ARAFFF) for fire safety was burnt in fire which was supposed to be kept in other room.
The 1000 liter foam compound (ARAFFF) was found stored in the premises.
18
The medium velocity water
spray for cooling radiation hazards and foam porer on tanks were not available in the unit premises.
The medium velocity water spray for cooling radiation hazards and foam porer on tanks is available.
11
19
Long range foam monitor was to installed in the unit premises.
Long range foam monitor branch have been established.
Specific recommendations/suggestions
20
Unit shall install flowmeters at all water abstraction points.
Unit has installed flow meter at two water abstraction points. 01HP near Boiler and 1.5HP in the plant area. Photographs of installed flow meter are annexed as annexure-2. The reading flow meter were I 5.29m3 and 84.77m3 log book of the water meters are attached. As mention above in point no- 3
21
Unit shall install flowmeters at ETP inlet & outlet.
Flow meters at inlet & outlet of ETP are installed. The Photographs of installed flow meters are annexed as annexure-4. As mention above in point no-6
22
Unit shallmaintain proper record for fresh water consumption, chemical consumption at ETP, effluent generation & discharge, fuel consumption in boiler.
Unit has maintained record for fresh water consumption, chemical consumption ETP, effluent generation discharge, Fuel consumption boiler. The log books for above regards has been maintained as mention above point no-2,3&4.
23
Unit shall maintain proper logbook for raw material consumption & final product.
The logbook of raw material consumption & final product is attached as annexure No-08.
24
Unit shall make separate arrangement for storage of Hazardous Waste in ETP area in compliance to HW Rules, 2016.
Separate arrangement for storage of Hazardous Waste
i.e. ETP sludge has been maid by the unit which is a
covered room, pucca floor. The area of the room of the about 08Feet x 09Feet. A photograph of covered seprate room annexed as annexure-09.
25
Unit shall obtain permission from CGWA/UPGWD for ground water abstraction.
An application have been forwarded by the unit regarding obtaing permission from UPGWD for ground water abstraction of two water abstraction points separately. The copy of said application is annexed as annexure-10
26
Unit shall ensure proper handling & storage of Hazardous chemicals in accordance with Rules.
A report of Assistant Director of factories U.P. Meerut Zone Meerut dated 23-08-2022, 27-08-2022 & 30-08- 2022 is being annexed as annexure-11
27
Unit Shall ensure and adopt all the necessary fire safety and management measures to prevent and control any kind of fire incident in future."
A report of Chief fire officer Meerut dated 30-08-2022 is being annexed as annexure-12.
Regarding fire safety, NOC from fire service department vide letter dated 05-09-2022 annexed as annexure-13.
In view of above, no further order appears to be necessary.
The application is disposed of.