AI Structured Summary
Not yet generated for this judgment
Judgment
This is an application filed under Sections 14 and 18 of National Green Tribunal Act, 2010 (hereinafter referred to as “NGT Act, 2010”) alleging that Respondent No. 8, Envirad Medicare Private Limited is running a Common Bio Medical Waste Treatment Plant (hereinafter referred to as “CBMWTP”) at Khara No. 264 at Parsakhera Industrial area, Bareilly, though aforesaid plot, as per master plan is not approved for industrial purposes but is available only for social activities and research purposes. It is further alleged that under the provisions of EIA Notification dated 14.09.2006, as amended from time to time, the Project Proponent is required to obtain Environmental Clearance (hereinafter referred to as “EC”) for running aforesaid plant but it has no EC till date and is operating the plant illegally. Our attention has been drawn to a letter dated 13.06.2018 issued by the State PCB declining to grant Consent to Operate on the ground that no EC has been obtained but still the plant is operating currently also.
Considering the allegations made in the original application, this Tribunal found it appropriate to obtain a factual report. For the purpose whereof, we constituted a joint Committee comprising State PCB and District Magistrate, Bareilly vide order dated 30.09.2022. The joint Committee pursuant to the above order has submitted its report dated 31.01.2023 which has been uploaded on the website of the Tribunal.
Findings recorded in the report reads as under:-
“3……In compliance of above order, District Magistrate formed a joint committee vide order no. 720/2022/2023 dated 09-01-2023 comprising of City Magistrate Bareilly, CMO Bareilly and Regional Officer U.P. Pollution Control Board Bareilly, inspection of the concern CBWTF conducted by the joint Committee on dated 2301-2023 point wise inspection report is as under-
CBWTF has installed autoclave, Shredder and Double Chamber incinerator of Capacity 100 Kg/Hr. during inspection double chamber incinerator found operative with PNG as fuel in incinerator.
Unit has installed 10 KLD Effluent Treatment Plant for the treatment of effluent generated from floor washing, vehicle washing and venturi Scrubber unit of APCS. The ETP has following unit namely- Oil& Grease trap, Equalization Tank, Chemical Dosing Tank, Reaction tank, Tube settler, Collection Tank, Dual Media Filter, activated Corban Filter, Clear Water Tank and Sludge Drying Beds. Flow meter on inlet and outlet of ETP installed. Energy meter is also installed to measure electricity consumed for operation of ETP. Domestic Sewage is disposed through Septic Tank. Unit has installed Air Pollution Control System which has Venturi Scrubber, Droplet Separator, Mist Eliminator, along with 30-meter-high Chimney from ground level. Unit uses PNG as fuel in incinerator.
At the time of inspection, the temperature of the primary chamber of the incinerator was displayed at 830°C and of the secondary chamber at 1028°C on the panel board of the online emission monitoring system installed in the unit. At the time of joint inspection Stack Emission monitoring was conducted. As per stack monitoring report dated 24-01-2023 concentration SPM found 43.63 mg/NM3 which is within the standards specified by the Board. Stack Monitoring Report is attached. (Annexure-8) and the sample of treated effluent was collected and analyzed by the board. As per analysis report dated 27-01-2023 BOD-16.0 mg/L, COD-64.0 mg/L, TSS-68.0 mg/L, TDS-1420.0 mg/L, and pH-7.3 found as per norms prescribed by the Board (Annexure-9). The unit has obtained CTO Water vide online reference no.139387/UPPCB/Bareilly(UPPCBRO)/CTO/Water/Bareilly/ 2021 dated 22.12.2021, valid up to 31.12.2025., CTO Air vide online reference no.139385/UPPCB/Bareilly (UPPCBRO)/CTO/ Air/Bareilly/2021 dated 22.12.2021, valid up to 31.12.2025, Hazardous Waste Authorization from Board vide online reference no. 13598/UPPCB/Bareilly (UPPCBRO) HWM/Bareilly/2021 dated 16.05.2021, valid up to 15.05.2026, Bio-Medical Waste Authorization from Board, vide online Reg. No. 13770167 dated 28.12.2021, valid up to 31.12.2025 and permission for extraction of Ground water from District Ground Water Authority vide reg. No. 202108000848 dated 27.08.2021 (Annexure-10). Points wise status report of CBWTF and compliance report of BMW authorization and Consent Water/Air submitted by the CBWTF on dated 02-01-2023 to the Board are annexed as (Annexure-11).
CBWTF unit has obtained membership from M/s Bharat Oil and Waste Management Ltd., Kanpur Dehat for safe disposal of hazardous waste generated (Annexure-12). A separate room is built in the unit for temporary and safe storage of hazardous waste. At the time of inspection, incineration ashes were found collected in two PVC bags in room. Sharp encapsulation pit has been constructed for the disposal of Waste Sharp, for which marking has been done in the unit.
CBWTF unit has 05 nos. GPS fitted vehicles for collection of Bio-Medical Waste generated from member HCF. The unit has 01 no. of autoclave having capacity of 50 kg/cycle and 01 no. shredder of 100 kg/hr. capacity already installed. Separate power meters have installed for measurement of power consumption in shredder and autoclave. A contract has been signed with M/s Sagar Trading Company, Kanpur for disposal of shredder plastic waste in the unit.”
No objection has been filed against the said report. Learned Counsel appearing for the applicant stated that he is objecting to the report but the fact remains that the applicant had enough time in between but has not actually filed any objection to the report. Therefore, mere oral objection without any material placing to contradict finding of report is not sufficient to doubt the correctness of report on record. We do not find any merit in his submission and in absence of any objection, we find no reason but to accept the report.
Since, no substantial violation has been found by the joint Committee, we find no occasion to pass any further order in the matter.
A copy of this order be forwarded to State PCB by e-mail for compliance.