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Judgment
A factual and action taken report was sought from the Punjab State PCB and Deputy Commissioner, Gurdaspur, Punjab with regard to the allegation of illegal operation of a hot mix plant in Mehandipur Village, P.O. Ranjit Bagh, District Gurdaspur, Punjab close to the houses and orchards and detrimental to the environment and public health.
The matter was last considered on 18.06.2021 and the Member Secretary State PCB was directed to take remedial action and file compliance report in the matter.
Accordingly, compliance report has been filed on 04.10.2021 as follows:-
"10. That I have personally examined the case and gone through the relevant documents to arrive at logical conclusion. My findings and observations are recorded herein below:
a) That the Hot Mix Plant was set up and established in accordance with the sitting criteria after obtaining the No Objection Certificate of the Board from pollution angle. There is no village abadi within 500 meters of the site of the Hot Mix Plant. The Hot Mix Plant, as such, cannot be said to be established illegally.
b) That in the first instance, the stack height of the Hot Mix Plant at 20 feet was found to in adequate by the Joint Committee. The discrepancy was promptly got rectified by the Board with the issuance of a notice dated 13.11.2019 to the Hot Mix Plant with an opportunity of personal hearing before the Chairman of the Board. The owner of the Hot Mix Plant during the hearing on 19.11.2019 stated that the observations of the Board have been complied with. The stack height was increased from 20 feet to 30 feet i.e. 10 meter.
c) The work of Hot Mix Plant is not of continuing nature and is only carried out for a very limited and short stretch of time as and when there is tender for patch work or construction of road / roads within a radius of 30-40 k.m.
d) The Hot Mix Plant has operated for a period of one week from 20.9.2021 to 27.9.2021 when the officers of the Board had collected stack emission sample on 22.9.2021. The analysis result of the air emission sample was found to be 136 mg/Nm3 against the permissible limit of 150 mg/Nm3.
e) As per the orders dated 14.10.2019 of the Hon'ble National Green Tribunal, remedial action was taken by PPCB in accordance with Law by way of issuance of notice u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 and show cause notice u/s 21 of the Air (Prevention & Control of Pollution) Act, 1981 for refusal of consent and the necessary corrective measures including the raising of height of stack to 10 meters were reported.
f) There is no village population within a radius of 500 meter however, only three families are residing within a radius of 100 meter from the site of the Hot Mix Plant. No sign of illness was found amongst the members of the said families by the Assistant Civil Surgeon during the inspection on 22.8.2019.
g) Earlier the Hot Mix Plant was not found in operation by the Board officers and the reports dated 24.6.2020 and 15.4.2021 in this regard were filed before the Hon'ble Tribunal.
h) The Hot Mix Plant was found to be complying with the code of practice during visit of the officers of the Board on 4.6.2021 and the compliance status is mentioned herein below in tabular form.
S.No.
Code of practice prescribed
Status of compliance
i
The industry should plant three rows of Spreading crown and fast growing varieties of evergreen broad leaved trees all along the boundary.
Provided plantation
ii
A suitable dust control system for the
Dryer and mixer to contain/recycle permissible flues in the mix should be
provided. It should be capable of preventing the exhaust of fine dust into atmosphere from both ends of the dryer drums by creating adequate negative pressure.
Provided
iii
The plant should have centralized control panel/ cabin of presetting controlling/
Synchronizing all operations starting from feeding of cold aggregates in the discharges of the hot mix to ensure proper mixing. It should have adequate Water scrubbing mechanism to Completely remove/ control the dust coming out of the drier with proper provision of re-circulation system for the scrubber water.
Provided
iv
Bitumen must be mixed with aggregate as soon as it is heated and dried and second time lifting of the dried aggregate for proper hatching should be avoided.
Industry has assured compliance
v
All roads / vehicular movement areas at site of Hat Mix Plants should be pucca /
Stabilized with stone aggregatesand regular sprinkling of water be ensured so that no dust is generated with vehicular movement.
Provided
vi
Hot mix plant must have proper stack heights for its scrubbed flue gases and
Bitumen heating system with proper platform and port holes as per the PPCB norms.
Provided 30
Feet i.e. 10 meter stack height
vii
Fine dust arrested by water scrubber and collected in the recirculation water tank should be collected and filled in a pit with fresh earth. This exercise should be repeated as and when dust is removed from the re- circulation tank.
Recirculation Tank has been provided.
i) After the compliances were made, the Board has granted consent to operate under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and valid upto 31.12.2021. The Hot Mix Plant was further found to be achieving the parameters in respect of particulate matter, the details of which have been given in paragraph 9 above.
That the Hot Mix Plant is found to be complying with the directions of the Board as well as the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981. The Board undertakes to visit the Hot Mix Plant periodically to check the compliances and in case the Hot Mix Plant is found to be violating the provisions of Law, appropriate action in accordance with Law will be taken against the Hot Mix Plant.
That the final report is hereby submitted in compliance to the orders dated 18.6.2021 for kind perusal and appropriate orders of the Hon'ble National Green Tribunal."
In view of above, no further order appears to be necessary at this stage. The Application is disposed of.
I.A. Nos. 376/2019 and 377/2019 also stand disposed of.