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Judgment
Grievance in this application is against violation of environmental norms in operation of a slaughter house by M/s Frigorifico Allana Pvt. Ltd., Ghazipur, Delhi-110096. It later transpired that the project was first taken over by Qureshi Intl DS-MAZ FNF Consortium Pvt. Ltd. and then by the EDMC.
According to the applicant, the slaughter house is being run even after expiry of the lease agreement. It is discharging effluent waste/carcass residue (blood, fat and other harmful elements which increases the amount of nitrogen) in the ground water, drains. It has no requisite permission. The pollution caused is affecting the children, senior citizens and flora and fauna of the area. It is extracting groundwater illegally without any permission even though water table is depleted. Finding such violations earlier, the Delhi Pollution Control Committee (DPCC), vide order dated 24.04.2019, imposed fine of Rs. 50 lakhs. The East Delhi Municipal Corporation (EDMC) passed order of closure due to violation of law. The O&M Manual of the EDMC provides that there should be separate drainage system for the blood. The said guideline is being violated. Per day, 2500 animals are being illegallyslaughtered from which Rs. 225 crores have been earned out @ 7.5 Cr. per day.
Vide order dated 31.08.2021, on consideration of the above averments, the Tribunal constituted a joint Committee comprising Central Pollution Control Board (CPCB), DPCC, EDMC, jurisdictional District Magistrate and the Special Commissioner of Police, East to ascertain facts and furnish a factual and action taken report. Operative part of the direction is as follows:
“xxx ………………………………..xxx……………………………….xxx
Having regard to the above averments and need for compliance of environmental norms, we find it necessary to ascertain facts by constituting an independent joint Committee comprising Central Pollution Control Board (CPCB), DPCC, EDMC, jurisdictional District Magistrate and the Special Commissioner of Police, East. The CPCB and DPCC will be nodal agency for coordination and compliance. The Committee may hold its first meeting within 15 days, undertake visit to the site and interact with the stakeholders. The Committee will be free to conduct other proceedings online. Based on the facts found, the statutory authorities will be at liberty to take further remedial action, following due process. The Committee may give its report to this Tribunal within three months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. The report may inter alia mention the status of segregation of effluent streams, performance of ETP, mode of disposal of treated effluents, sludge disposal, utilisation of treated effluents and ground water utilisation and validity of consent. The report may also indicate information about the operation of rendering and carcass utilisation plant and compliance of the guidelines on the subject. If the joint Committee finds violations, a copy of the report may be furnished to the alleged violators for their response, if any, before this Tribunal.”
The matter was last considered on 23.02.2022 in the light of report of the Joint Committee dated 24.01.2022. The Tribunal found that violations continued and stand of the PP that violations stood remedied was not substantiated. The water in the area was contaminated and use thereof was adversely affecting public health. The PP was illegally abstracting groundwater in the area which is categorized as ‘Over Exploited’. The Tribunal accordingly directed the statutory regulators to take remedial action against the violations, duly considering the stand of the PP and to file an action taken report. Relevant extracts from the said order are:
“xxx …………………………………..xxx…………………………..xxx
In pursuance of above, report of the joint Committee has been filed on 24.01.2022 finding various deficiencies and violations. Relevant extracts from the report are:
“Observation:
i. During inspection, the Unit was found in operation. Slaughtering of about 563 buffaloes, 1827 Sheep/Goat (Halal) and 131 (Jhatka) were in process. The requirement of fresh water was met through Bore wells.
ii. On the day of inspection two units of ETP namely DAF (02 Nos.) and UASB Reactors (02 Nos.) were not in operation. It was observed that one UASB reactor was not in use and one UASB reactor was covered with algae.
iii. Main sources of effluent generation are animal holding (floor washing & urine), Abattoir (blood, floor & washing machines), cleaning internal organs (wash liquor), carcass dressing (blood, floor & washing machines) & by product plant (floor & washing machines).
iv. The Unit has provided treated effluent storage tank before discharge of effluent and sludge drying beds (03nos.) for drying the sludge generated from primary and secondary treatment.
v. The Unit has provided OCEMS at final outlet of ETP for the parameters, namely, pH, TSS, BOD &COD and it was found functional during the inspection. The unit could not provide calibration certificate of OCEMS. Mechanical flow meter was seen at ETP outlet which was not in working condition.
vi. The unit has made arrangement for storage & preservation of hides.
vii. The unit has not installed Piezometer to measure depth of the ground water.
viii. The unit does not have any Irrigation Management Plan approved by agriculture university/department as per guidelines framed by CPCB in compliance of order issued by the Hon'ble NGT.
ix. Unit has no valid permission from Delhi Jal Board for abstraction of ground water.
x. The EDMC has informed that the unit has provided underground piping network for conveyance / discharge of treated effluents for horticulture purposes at SLF area and nearby areas. (approx. 7685.5 sq. meter) for plant-irrigation. As informed by the EDMC there are 297 potted plants and 1534 plants in the premises. After reaching the entrance of the SLF site, the committee met Shri Mohd. Salahuddin, JE (SLF), EDMC, Ghazipur to collect the sample of treated effluent from the final discharge point of SLF site. Mr. Mohd. Salahuddin said that no such waste water from Ghazipur Slaughter House receives to the SLF site since last one year. The unit could not provide the details of the treated effluent discharge and the area of horticulture where the treated effluent is used and also could not show the final discharge point of the treated effluent to the committee.
xi. The unit have consents under the Water (Prevention &Control of Pollution) Act, 1974 and Air (Prevention &Control of Pollution), Act, 1981 valid till 13.09.2022 wherein there is no mention about capacity of slaughtering of animals, manufacturing of by-products and quantity of treated water discharge.
xii. The details regarding production of products/by-products etc. are not mentioned in the Consent to Operate (CTO).
xiii. The unit has two dry rendering plants of 10 TPH capacity. The digester/cooker of the rendering plant was not in operation on the day of inspection.
xiv. The unit has not installed bio-filter to suppress the odour emanating from the Rendering plant.
xv. The unit has no ingesta drying plant and dung de-watering machine.
xvi. DG sets were provided with stacks as well acoustic enclosure. Stack height of each DG set has been found to be 3.5 meter above Roof Level.
Water Pollution:
Samples of waste water collected to assess the performance of ETP from Inlet, Equalization Tank, Aeration Tanks and Outlet of ETP. The analysis results are presented below:
Sampling Locations
Parameters
pH
TSS
BOD
COD
O&G
MLSS
MLVSS
TDS
ETP inlet
7.3
1092
331
1317
16
Aeration Tank-1
-
-
-
-
-
361
257
1948
Aeration Tank-2
-
-
-
-
680
371
ETP Final outlet
8.4
10
09
45
BDL
-
-
1892
OCEMS
value
7.96
16.8
15.4
53.9
-
-
-
Notified Standard
6.5-
8.5
50
30
250
10
-
-
-
Note: All the concentrations are expressed in mg/I except pH.
It is evident from the analysis report that the concentration of biomass in the Aeration Tank-1 & 2 is very low, which indicates poor biological activity. The two units of ETP namely DAF (02 Nos.) and UASB (02 Nos.) were found not functioning. Hence therefore, the compliance of discharge norms by the unit is doubtful.
Sl No.
Name of the source & addres s
Colour
Odour
p H
Turbi dity (NTU
unit)
Disso lved Solid s mg/l
NO
3*
(m g/ l)
Total Alkali nity as CaCO3
Sulph ate*
Chlo ride mg/l
Total Hard ness as CaCO
3
T.
C.
(M PN
/1 00
ml
)*
F.
C.
(M PN
/1 00
ml
)*
1
EDMC S.
BDL
BDL
7.
9
BDL
1066
7.
7
456
97
314
404
35
0
24
0
House
(28°37'
47.3" N
77°19'5
4.8"E )
2
M/s Shiv
BDL
BDL
8.
1
BDL
474
4.
0
228
94
84
172
< 1.8
< 1.8
Shakti
Pump,
Mulla
Colony
(28°37'
20.2" N
77°19'5
4.5"E
3
Murga
Mandi, Ghazip
BDL
BDL
BDL
1992
2.
3
442
525
590
252
13
x 10
22
x 10
ur
8.
4
3
(28°37'
41.1" N
0
77°19'4
8.9"E )
Standards BIS- 10500:1991
Colour less
Odour less
6.
5
–
8.
5
5-10
500-
2000
45
- 10
0
200 -
600
200 -
400
250 -
1000
600 -
600
<
=1
0
<
=1
0
The presence of TC/FC in the ground water samples listed at S. No. 1&3 shows that the contamination of ground water and unfit for drinking purpose.
Air Pollution:
xvii. The unit has a boiler of capacity 12 TPH & 10 TPH.
xviii. During inspection the boiler was not in operation and emissions are channelized through stacks of height 30 mts. Portholes and sampling platforms are provided.
xix. PNG and Diesel are used as fuel in the boiler.
Conclusion:
a. ETP of the unit was not functioning properly. The MLSS level in the aeration tank was found very low i.e., (Aeration Tank 1 - 361 mg/I and Aeration Tank 2 - 680 mg/I). Dissolved Air Flotation unit (DAF) and UASB unit of ETP were found not functioning.
b. There is no digital flow meter at outlet of ETP for measuring flow of the treated effluent. There is also no record maintained for utilization of treated effluent in horticulture. However, analog flow meter is provided.
c. The unit does not have Irrigation Management Plan approved by Agriculture University/Irrigation Department.
d. During the inspection, the unit could not show final discharge point of treated effluent. The claim of the unit that the treated waste water is utilized for horticulture in SLF could not be shown by the unit and verified by the inspecting team.
e. There is no NOC from Delhi Jal Board for abstraction of water from ground.
f. Although the unit has installed OCEMS, however, no calibration certificate was found with the unit.
g. The ground water samples were collected from 03 locations within the premises and nearby area. The analysis report shows Total Coliform/ Fecal Coliform presence in the ground water exceeding the standard at 02 locations.
h. The consent issued does not specify the nos. of animals to be slaughtered on daily basis and capacity of by-products. It does not direct the unit also to utilize treated effluent as per the guidelines framed by CPCB for "utilization of treated effluent in irrigation" in compliance of Hon'ble NGT order.
i. The unit should put up mechanized dewatering machine for quick drying of the sludge.
j. The unit may engage any expert institution for adequacy assessment and up-gradation of its ETP so as the effluent treated properly.”
IA No. 24/2022 has been filed by Qureshi Intl. DS-Max-FNF Consortium Pvt Ltd., the Project Proponent to be impleaded as a party and to consider its version. In view of order dated 31.8.2021, quoted above, the alleged violator has already been allowed to file its response to the report. Thus, no further order is necessary, as sought. We have accordingly heard the project proponent and perused the IA. Memo of parties may be corrected in view of statement in the IA that the lessee has changed and the applicant in IA has taken over from the earlier operator, under lease agreement with the EDMC dated 19.1.2021 operative from 5.3.2021. Only plea of the PP is that the defects pointed out by inspection team have since been attended to. On the other hand, the applicant has filed objections to the effect that there is illegal extraction of groundwater in ‘over exploited area’ is taking place apart from other serious violation but no action has been taken.
We have considered the matter. Beyond a bald statement to the effect that the Project Proponent has attended to the defects pointed out, no material has been placed on record in support of such claim so as to reject the report of the joint Committee comprising the statutory regulators, finding found serious violations on site visit, which include discharge of untreated effluent and illegal abstraction of groundwater. Number of animals to be slaughtered is not specifically authorized and de-watering machine for drying of the sludge has not been established. The Committee could not find the final location point for disposal of treated effluents which was not as per consent conditions. There is no irrigation plan. Further, one of the well/handpump in Murga mandi is highly contaminated and concerned authorities – DPCC, DJB and Delhi Ground Water Board need to survey the area and take measures so that use of such polluted water does not adversely affect the public health.
In view of above, we hold that there is a failure of the statutory regulators in taking further action, in the light of the violations established. Let necessary action be taken in the matter of fixing accountability for past violations applying the ‘Polluter Pays’ principle and also preventing further violations under the provisions of the Air, Water and EP Acts, following due process of law. The PP is free to submit its version to the statutory regulators within two weeks, which may be duly considered. An action taken report, covering the above observations, including management of carcass and rendering plant, may be filed along with the compliance status as on 31.03.2022 by 15.04.2022 by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.”
In pursuance of above, the DPPC has filed its status report dated 02.05.2022, after conducting inspection on 06.04.2022. The status report is extracted below:
“xxx ………………………………xxx……………………………….xxx
That, DPCC officials have inspected the slaughter house on 06.04.2022 to verify the status of rectification of deficiencies observed by the joint team in 29.09.2021. EDMC has submitted its response stating that the deficiencies have been rectified. Present compliance status w.r.t 10 points are given in the table below:
S.
No.
Recommendations of Jt.
Committee
Status on 6th April 2022
1
ETP of the unit was not functioning properly. The MLSS level in the aeration tank was found very low i.e., (Aeration Tankl-361 and Aeration Tank2- 680 mg/1). Dissolved Air Flotation unit (DAF) and UASB unit of ETP were found not functioning.
Main pumps and stand-by pumps found operational.
All the units (working & stand-by) of dosing system (Tanks and pumps) found operational.
DAF (Dissolved Air Flotation unit) founds operational. Picture taken during the inspection is enclosed as Annexure- 3.
Out of 03 Centrifuge pumps, two found working.
Samples were collected from aeration tank as well as from the outlet by the DPCC water laboratory on 06.4.2022. Samples were tested in DPCC lab and has shown MLSS levels in Aeration Tankl and Aeration Tank2 as 2812 mg/1 and 2526 mg/1 respectively. Further, treated effluent quality was found to be within the limits prescribed.
2
There is no digital flow meter at outlet of ETP for measuring flow of the treated effluent.
There is also norecord maintained for utilization of treated effluent in horticulture. However, analog flow meter is provided.
Analog Flow meter found installed to measure the final discharge at outlet of ETP.
Unit has maintained the records of utilization of treated effluent in horticulture.
3
The unit does not have Irrigation Management Plan approved by Agriculture University / Irrigation Department.
Irrigation management plan prepared by Chandra Shekar Azad University of Agriculture & Technology, Kanpur- 208002 has been submitted by the unit in DPCC on 01.04.2022. Copy enclosed as Annexure - 4.
4
During the inspection, the unit could not show final discharge point of treated effluent. The claim of the unit that the treated waste water is utilized for horticulture in SLF could not be shown by the unit and verified by the inspecting team.
The final discharge point of the treated effluent meant for SLF is not located via pipeline, which were earlier installed / fitted by the EDMC. Meanwhile, EDMC has installed a facility to fill the treated wastewater and carrying the same through water tankers to SLF for dust suppression.
DPCC has advised EDMC, during inspection, to maintain proper logbook showing the quantum of treated
wastewater being transported and the details of the vehicles.
5
There is no NOC from Delhi Jal Board for abstraction of water from ground.
EDMC has filed application for erection of 5 borewells to DJB. Application is pending with the Advisory Committee constituted by GNCTD. Copy of the request letter of EDMC is enclosed as Annexure-5.
A Show Cause Notice was issued to EDMC on 22.4.2022 to impose Environmental Compensation for extraction of ground water without permission from the Competent Authority. Copy of the SCN dated 22.04.2022 is enclosed as Annexure -6.
6
Although the unit has installed OCEMS, however, no Calibration certificate was found with the unit.
Calibration certificate of the OCEMS is enclosed as Annexure - 7.
7
The ground water samples were collected from 03 locations within the premises and nearby area. The analysis report shows Total Coliform/ Fecal Coliform presence in the ground water exceeding the standard at 02 locations.
Three borewells located in the Poultry Market sealed by the office of District Magistrate (East) on 12.4.2022.
One borewell in the premises of Slaughter House sealed by the office of District Magistrate (East) on 12.4.2022.
Copy of the report of Executive Magistrate is enclosed as Annexure - 2.
During the inspection, EDMC informed the inspecting team that the water from the borewell in the premises of the Slaughter House is being used for floor washing only. Whereas, water required for meat washing and processing is being used from
8
The consent issued does not specify the nos. of animals to be slaughtered on daily basis and capacity of by- products. It does not direct the unit also to utilize treated effluent as per the guidelines framed by CPCB for "utilization of treated effluent in irrigation" in compliance of Hon'ble NGT order.
The consent was issued by DPCC on 26.03.2018 to the EDMC based on the consent application filed by EDMC mentioning the number of animals to be slaughtered per day. The validity of the consent to operate is till 13.9.2022.
9
The unit should put up mechanized dewatering machine for quick drying of the sludge.
Two out of 03 Centrifuge pumps found working for sludge dewatering.
10
The unit may engage any expert institution for adequacy assessment and upgradation of its ETP so treated properly.
The unit has obtained Adequacy report from Jamia Millia Islamia University, Delhi and the same has been submitted to DPCC on 10.12.2021 subsequent to the inspection & observation by the Joint inspection team dated 29.9.2021.
Imposition of Environmental Compensation:
The unit was required to install Bio-methanation plant which it has failed to comply. Environmental Compensation of Rs. 50 lakhs was imposed on EDMC by the DPCC vide letter dated 16.04.2019. As the EDMC has failed to comply with the same, a letter was sent to Urban Development, Delhi Government for deduction from the grants allocated to EDMC vide letters dated 14.08.2021, 01.11.2021 and 05.04.2021. DPCC has issued a letter to EDMC again on 05.04.2022 directing it to install the said plant apart from depositing EC of Rs. 50 lakhs imposed on it. Copies of the letters dated 05.04.2022 are enclosed as Annexure —8 (colly).
Management of carcass and rendering plant:
In the same premises of slaughtering facility, rendering plant is also operational. Animal carcasses from entire NCT of Delhi are brought to this rendering plant and useful products are prepared. Wastewater generated from the said plant is being treated in the treatment plant of the slaughter house. The said rendering plant is operating with consent to operate valid up to 13 September 2022 under Water and Air Acts.”
The PP has also filed a reply on 12.05.2022 praying that its name be deleted from array of parties as it has handed over the slaughtering house to EDMC on 05.03.2021. Thus, the EDMC is now the Project Proponent.
From the above, it is seen that while ETP is said to be now working with the proposed Irrigation Management Plan for use of treated water, treated water is being used for suppression of dust, action has been initiated for illegal extraction of groundwater without permission of DJB which is the competent authority, four borewells have been sealed, borewell water was being used for floor washing and tanker water was being used for meat washing. Thus, it remains undisputed that there is no availability of water, if illegal extraction of groundwater is to be discontinued. Though the report of DPCC mentions that validity of consent exists till 13.09.2022, it has not been made clear whether the consent conditions are complied. In fact non compliance is shown by illegal extraction of groundwater in area which is ‘Over Exploited’ in terms of availability of groundwater.
In view of above, we direct that the PP may not be allowed to operate the plant unless a Joint Committee of CPCB and DPCC certifies that the project can be operated in accordance with the consent conditions and environmental norms. In case the project is to be permitted, the Committee may ensure 100% recirculation of treated water and the adoption of ZLD system. The statutory regulators may fix accountability for past violations, following due process of law. Payment of assessed compensation, to be used for restoration of the environment, will be condition precedent for permitting the project.
The application is disposed of accordingly.
A copy of this order be forwarded to CPCB and DPCC by e-mail for compliance.