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Judgment
The application is filed under Section 14 of the National Green Tribunal Act praying for a direction to respondents 1 to 7, the State of Tamil Nadu, the District Collector and the Tamil Nadu State Pollution Control Board (Board) to initiate appropriate action against respondents 8 and 9 for disposing the untreated effluent into the sea thereby polluting the water resources.
The allegation of the applicant is that 8th respondent is causing pollution of the sea water and the total environment of the area by discharging untreated effluent of their industrial activities. M/S.Coromandal International Ltd., 8th respondent is a fertilizer industry operating since 1963. The products manufactured are Ammonium Phosphate Sulphate, Phosphoric Acid and Sulphuric Acid along with by product Gypsum. It is contended that Ammonia is the major raw material for the fertilizer produced and the same is transported in large quantities in ships mostly in refrigerated form and although ammonia gas is flammable within certain range of concentration, the 8th respondent is making all sorts of environmental pollution by transferring ammonia from the ship to the factory without taking essential security measures as prescribed. It is further contended that the 8th respondent discharges 4800 KLD quantity of untreated water with all hazardous components of the fertilizer plant into the sea causing pollution of the sea water dangerous to the marine species and also the environment.
When the application was admitted, considering the contentions of the applicant and its seriousness, the 10th respondent Central Pollution Control Board (CPCB) was directed to inspect the Unit of the 8th respondent and analyse the trade effluent discharged by the Unit and submit a report.
The CPCB submitted the report dated 21.07.2016. The report reveals that the industry was inspected by CPCB on June 14 and 15 of 2016. The
Field observation on water and wastewater management, reported is as follows:
"The source of water consumption is purchased from Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB) for process & domestic purpose and drawn water from Ennore Thermal Power (ETP) plant discharged outlet for operation of MED.
It was observed that, the industry is having Zero liquid discharge. The industry is reusing & recycling all waste generated in the process plants, the water balance diagram is enclosed at Annexure-II. As per the water balance details provided by the industry major loses found in the cooling tower as evaporation losses (SAP-1 cooling tower 55%, SAP-2 cooling tower 49% and PAP cooling tower 32%). The reject from the MED plant is the only source of wastewater and discharged into marine.
The waste water from canteen and sewage from factory is treated in sewage treatment plant of 10 KLD capacity existing in the premises. The sewage treatment plant sludge drying bed. The treated water is used for gardening and green belt development. The sludge is used as manure for green belt development.
The sampling was not carried out on 14th June, 2016 since MED was not in operation due to non-availability of inlet water from ETPS outlet channel and MED outlet is the only source for marine disposal.
The industry operated the MED with available stock of raw water in the storage tank on 15th June, 2016 from 7.30AM and operated till 10.00AM. The team has collected samples as well as at MED inlet (sea water sump) and MED outlet."
The analysis results of the samples collected are shown as follows:
Sl. No.
Parameter
MED Inlet
MED Outlet
Marine outfall
Ship Mooring Point
Standards For Marine outfall
1
pH at 25°C
7.5
7.0
7.9
8.2
5.5-9.0
2.
TSS mg/l at103- 105°C
33
37
51
19
600 mg/l
3.
TDS mg/l at180°C
29496
30112
...
....
....
3.
Ammonia mg/l as N
7.7
5.0
BDL
BDL
50 mg/l
4.
Nitrate mg/l as N
0.27
0.19
0.31
0.36
20 mg/l
5.
Cyanide mg/l
0.04
0.01
-
-
0.2 mg/l
6.
Hexavalent Chromium mg/l
BDL
BDL
BDL
BDL
1.0 mg/l
7.
Oil & Grease mg/l
-
-
-
-
20 mg/l
8.
Chemical Oxygen Demand (COD) mg/l
-
-
80
64
250 mg/l
9.
Dissolved Oxygen mg/l
-
-
4.62
-
-
10.
Copper, mg/l
BDL
BDL
BDL
BDL
3.0 mg/l
11.
Cadmium, mg/l
BDL
BDL
BDL
BDL
2.0 mg/l
12.
Total Chromium, mg/l
BDL
BDL
BDL
BDL
2.0 mg/l
13.
Iron, mg/l
0.613
0.483
0.98
0.383
3.0 mg/l
14.
Manganese, mg/l
0.032
0.033
BDL
BDL
2.0 mg/l
15.
Nickel, mg/l
BDL
BDL
BDL
BDL
5.0 mg/l
16.
. Lead, mg/l
BDL
BDL
BDL
BDL
2.0 mg/l
17.
Zinc, mg/l
BDL
0.065
0.071
0.071
15 mg/l
18.
Cobalt, mg/l
BDL
BDL
BDL
BDL
-
It was then reported:
- "From the above table, it is inferred that the industry is meeting the standards with respect to all parameters prescribed by TNPCB. The ammonia concentration in the sample collected at ammonia unloading point is also found BDL. However, it is to be noted that no unloading activity was carried out during inspection. No traces of heavy metals observed either in raw water or in MED reject.
- Based on the analysis results, it is also observed that the TDS concentration of MED inlet & outlet are 29496 mg/l respectively. This shows that only 3% increase in TDS concentration which indicates the poor operation of MED. The recovery of condensate also found very less which resulted in less increase in TDS concentration in reject discharged into sea and also other parameters also confirms the same.
- The industry has installed online monitoring system i.e flow meter at inlet & out let of MED and pH meter is installed at MED outlet (reject). However, no onsite display system was provided for flow meter (orifice type). The working condition of pH meter was cross-verified by using known pH solutions for different ranges and found appropriate. This indicates that the pH analyser is working satisfactory."
The findings of the hazard waste management are as follows:
- "The industry has provided hazardous waste storage yard having concrete flooring. The hazardous waste are stored in designed storage yard and disposed off as per the authorization conditions.
- The industry id generating sulphur slag (spent sulphur) at the rate of 15 tonnes / month and storing in sulphur slag storage yard in a closed shed. As per the Authorization granted, the sulphur slag is reused as a filler material along with dolomite for manufacturing of sulphur rich fertilizer. It was observed that around 248.4 tonnes of spent sulphur was stored.
- The gypsum is stored in gypsum storage yard of about 5.28 acres having concreted floor and open to atmosphere. The storage yard is provided with a leachate collection pond to collect leachate generated. The collected leachate is reused in phosphoric acid process plant."
Based on the report it cannot be found that the industry is discharging any untreated effluent into the sea causing pollution. Instead the report reveals that the effluent being discharged is satisfying all the prescribed parameters.
The overall findings of monitoring team is as follows:
- "M/s Coromandel International Ltd., has provided separate storage places to store raw materials viz rock phosphate (in closed godown shed), Sulphur (in an open place), Ammonia (in tanks with dyke facility).
- The sulphur was stored in the concrete platform without proper dyke walls. During rainy season surface runoff from storage yard carrying sulphur to surrounding area and leaving yellow patches around the storage yard is not rules out.
- The ammonia is imported once in a month through ship and unloading from their own ship mooring point to storage tank through pipe line and till date no monitoring has been carried out to access the leakages if any. Presently the industry is carrying Leak Detection and Repair (LDAR) programme by checking the pressure drops in pipe line.
- The Gypsym generated during process is stored in open yard wherein leachate collection systems do exists. However the storing and dispatch of gypsum found very poor since there is no mechanism devised to suppress the fugitive emissions. As per the CPCB guide lines, it is required to be stored under closed shed with properly designed plat form.
- As per the water balance, the entire waste water generated from the process area is recycled back. However no flow meters are installed to cross verify the quantity of waste water generation from individual sections and also quantity of waste water recycled.
- During inspection, the Multi Effect Desalination plant was operated for 2hrs 30 minutes due to less stock of raw water and recovery of condensate found to be less. Due to less recovery, the quality of reject discharged was found meeting with the marine outfall standards.
- In the marine out fall area, no floaters are provided to trace the exact discharge point. The samples were collected within 50 mts. radius of discharge point and the Dissolved Oxygen (4.62 mg/l) measured in the discharge found normal.
- Alkali scrubbers are installed in Sulphuric Acid Plant 1 & 2, the monitoring results with respect to SO₂ emissions are meeting with prescribed standards of TNPCB. The online SO₂ analysers are installed to monitor SO₂ emissions. The calibration of online monitoring system is carried out internally once in six months.
- In Phosphoric Acid Plant, bag filters are installed to control PM emissions from ball mill unit and wet scrubber is provided to control HF emissions. The monitoring results indicate HF & SPM are meeting with prescribed standards of TNPCB. Online HF analysers is installed to monitor HF emissions and it is calibrated on quarterly basis.
- Five stage alkali scrubbers are installed in complex fertilizer plant & the monitoring results with respect to PM & NH₃ emissions are meeting with prescribed standards of TNPCB. Online PM & NH₃, analysers have also been installed to monitor PM & NH₃ emissions and are calibrated on quarterly basis.
- As per the Authorisation issued, the hazardous waste are stored in closed and impervious storage yard & disposed as per conditions. The quantity of sulphur slag stored was found to be 248.4 MT indicates about huge quantity generated during in one year period of time & having lesser demand in use as filler material.
- Overall housekeeping in process area was found poor."
Based on the finding, the following suggestive measures were recommended for M/s. Coromandel International Ltd., the respondent No.8.
- " Housekeeping in the sulphur storage yards requires to be improved by providing proper guard wall and storm water collection system and to take steps to control surface runoff from sulphur storage yard to surrounding area.
- Prior intimation to TNPCB during unloading activity of ammonia from ship mooring point to storage tank through pipe line. It is also required to monitor the ammonia in ambient air as well as in sea during unloading activities.
- To adapt advanced technologies such as SCADA/PLC for Leak Detection and Repair (LDAR) programme in ammonia pipeline.
- To adopt measures as per the CPCB guide lines for management of gypsym storage facility.
- To install flow meters in all process areas where waste water is generated and recycled back to quantify and to justify the zero liquid discharge.
- To maintain proper records on quantity and quality of water received from the ETPS discharge channel, quantity of water recovered and quantity & quality of MED reject discharged into marine out fall.
- To provide proper floater at marine out fall point and to regularly monitor the quality of sea water by collecting samples around the diffuser.
- To carry out third party calibration for all online analysers including flow meters at least once in a year.
- To dispose the sulphur slag as per HWM Rules in case if there is no demand in reuse of same in the process.
- To improve overall housekeeping in process area."
Though relief was also sought against respondent No.9, the Tamil Nadu Maritime Board, there is absolutely no allegation as against the said respondent. Moreover, respondent No.9 is only the Principal Secretary of Tamil Nadu Maritime Board and has nothing to do with the running of the respondent No.8 industry.
The learned counsel appearing for the respondent No.8 submitted that the recommendations would be complied by the industry.
In such circumstances, even though only respondent Nos. 8 and 10 have filed the reply it is not necessary to protract the proceeding further. The materials produced especially the report of the CPCB, it is clear that no pollution as alleged, is caused by respondent No.9 industry by discharging the trade effluent into the sea. The applicant is, therefore, not entitled to any relief as sought for.
Accordingly, the Original Application is dismissed with no order as to costs.