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Judgment
The main application is directed against the order of the Tamil Nadu Pollution Control Board passed under Section 31(A) of the Air (Prevention & Control of Pollution) Act, 1981 and also 33(A) of the Water (Prevention & Control of Pollution) Act, 1974 directing closure of the unit of the applicant on the ground that during the inspection which was conducted on 28.2.2012, various irregularities were found which are recorded as follows:-
a. The unit was under operation without the valid Consent under Water Act
b. The unit was under operation without the Consent of the Board under Air Act
c. The unit is operating the emission outlets without the Consent of the Board under Air Act.
d. Even after several letters, reminders and show cause notices, so far the unit has not taken any action to apply for Consent under Air Act.
e. The unit is operating the emission outlets without the Consent of the Board under Air Act.
f. Indiscriminate dumping of solid waste inside the premises which leads to foul odour was still not removed
g. The Effluent Treatment Plant was not under operational conditions and were choked with full of solid waste and vegetation growth
h. The untreated trade effluent being discharged on land for open percolation
i. The unit has increased the production more than the consented quantity (of 750 T/M) without the Consent for operation of the Board
j. For the treatment and disposal of Sewage generated there was no Soak Pit/Dispersion Trench provided for the Septic Tank
There was a personal hearing on 15.2.2012 and after it was found by the Board that there was no compliance on the part of the applicant resulting in Air and Water pollution the closure order was passed. The applicant has filed a Writ Petition before the Hon'ble High Court of Madras in its Madurai Bench in W.P. No.7094 (MD)/2012, challenging the above said order and on the request that the applicant is a supplier of food to Southern Railway, the Hon'ble High Court has granted an Interim Order. The matter was transferred to this Tribunal. It now turns out that the applicant is not a direct supplier to Southern Railway but he is one of the sub-contractors. Having found the seriousness of the issue involved, the Tribunal in its order date 27.3.2015 directed the Central Pollution Control Board (CPCB) to inspect the unit and give its report on the functioning of its ETP and other safeguards for environment stated to have been made by the applicant.
The Central Pollution Control Board after inspection dated 27.4.15, has given the following findings:-
a. Generation of process wastewater is 7-9 KLD more than the consented quantity of 5 KLD
b. The present ETP system is inadequate for treating the generated pollution load and faulty operation of ETP has resulted in poor maintenance of biomass and dissolved oxygen in the aeration tank
c. The ETP units and channels are not concretised, which are constructed using bricks and black granite stones
d. No proper gardening/green belt is developed; the treated wastewater from the outlet of ETP is discharged on the land, where stagnation is observed.
e. It was informed by the unit that the lagoon constructed by black granite stone beside the ETP is planned to utilise as fish pond, which is not properly lined/cemented.
f. The seepage from the side walls was observed in the lagoon, which is due to the stagnation of treated wastewater on the land. Since the treated wastewater is not meeting the discharge norms, the storage in lagoon and stagnation on land may lead to groundwater pollution.
g. No proper sludge management system is adopted and no storage facility for solid waste is provided
h. Mechanical flow meter was provided at inlet of primary settling tank and no proper record is being maintained.
i. Separate energy meter is provided to ETP and no record is being maintained.
j. No records are being maintained for O&M of ETP, Sludge generation and disposal
To arrive at the said findings the Central Pollution Control Board has relied upon an analysis report conducted by it which shows only limited standard norms of pollution have been complied with. We reproduce the analysis report below:
Parameters
Collecting
Primary
Aeration
Aeration
Secondary
Final
Stipulated
on Tank
Settling
Tank 1
Tank 2
settling
outlet
Standard
Tank
Tank
pH mg/L
5.6
5.8
-
-
6.9
7.0
5.5-9
TSS mg/L
114
90
191
174
100
TDS mg/L
1728
1701
2171
2212
2100
BOD mg/L
867
705
473
421
30
COD mg/L
1536
1216
800
752
250
O&G mg/L
BDL
BDL
10
MLSS
179
190
Dissolve
-
-
-
NIL
-
-
-
Oxygen mg/L
The learned counsel appearing for applicant would submit that even though the findings are all against the applicant, they are only formal findings and the same can be rectified. On the face of it we do not agree with the said contention. There is one ground which states that ETP units and channels are not concretised which are constructed using the bricks and black granite stones. We do not understand as to how the applicant project proponent is going to replace the same within a limited specified period. There are other noncompliance items regarding non maintenance of records. The counsel would submit that these are technical ground which need not be taken seriously. On the other hand, it remains a fact, that one cannot find out the actual activity, whether it is environmental disastrous or not committed by the applicant by the reference to records. Therefore it cannot be stated that the non-maintaining of records is only clerical. That being the main source to find out the maintain of O&M & ETP, slude generate to disposal, we reject the contentions of the learned counsel in this regard.
No environmental norms have been maintained by the applicant/project proponent at all. By stopping the activities of the applicant in supplying food to the original contractor the passengers will be saved from serving contaminated food, and on the other hand allowing such unit to function without complying with the environment norms will be against public interest and affect the passengers of the Southern Railway. Therefore we direct the applicant unit to be closed down, by confirming the order passed by the State Pollution Control Board. The learned counsel appearing for the applicant would submit the applicant may be permitted to comply with various requirement and approach the Board. It is for the Pollution Control Board to consider if such application is filed, on merit and in accordance with the law and after conducting inspection giving notice to the project proponent. We make it clear that after a proper analysis of the entire issue, if the Board is satisfied that all the requirements which are mentioned in the report of the Central Pollution Control Board are satisfied then the Board can pass appropriate orders. Till such orders are passed, the Board shall ensure that the unit does not function. The Board shall dispose of such application expeditiously within a period of six weeks.
Under the changed circumstances and after referring to the CPCB report, the interim order passed earlier by the Hon'ble High Court which was obtained on the premise that the applicant is the direct contractor of supply of food to the Southern Railway, stands vacated.
We place on record our appreciation regarding the efforts taken by the Central Pollution Control Board for analysing the entire issue and bringing out the report in a fruitful manner.
With the above direction, the application stands dismissed.