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Judgment
Application is registered based on a complaint received by Post.
Surender Rathore and other residents of Krishna Vihar Colony, Ghutia (Kudari), Lachanpur Mandwa Road, Chhattisgarh have sent the present letter petition raising two grievances first as to the road connecting Lachanpur Chowk Champa to Chandi Pahar Paharia being totally damaged resulting in accidents and the second against causing of environmental pollution by Mahendra Power Pvt. Ltd., situated in village Madwa.
The applicants have complained that the above said electricity generation power plant uses paddy husk as fuel and emits huge fly ash causing environmental pollution in the area affecting many villages and mohallas besides Janjgir and Champa. Black smoke emitted from the chimney of the power plant is causing respiratory disorders and serious health hazards to the residents of the area.
Since the first grievance did not involve substantial violation of environmental norms, this Tribunal did not take cognizance of the same but this Tribunal took cognizance of the second grievance regarding causing of environmental pollution by Mahendra Power Pvt. Ltd., and vide order dated 28.01.2022 constituted a Joint Committee comprising of State PCB and District Magistrate, Janjghir, Chhattisgarh with direction to submit factual and action taken report.
Accordingly, report has been filed by the Joint Committee and response of the Committee to the second grievance raised by the residents of Krishna Vihar Colony is as under:-
“ With regard to the second issue, a joint inspection of industrial premises and the Krishna Vihar colony was done by the Committee on 10/03/2022. During the inspection of the colony, presence of any kind of dust or fly ash was not observed.
The inspection of the alleged polluting industry was also done on 10/03/2022 and during the inspection the emission of any kind of fly ash within or outside of the plant was not observed. Emission from the Chimney is not visible. The OCEMS was found functional and showing the particulate matter - 41.38 mg/Nm3, which is within the permissible limits. The distance of the industry from the Krishna Vihar Colony is about 2.5 kilometers. No water pollution was observed.
Monitoring of Ambient Air Quality was performed within the industrial premises and Krishna Vihar Colony on the date of inspection. The results of the Ambient Air Quality monitoring were found within the permissible ambient air quality standards. Copy of ambient air monitoring reports are hereby attached as Annexure-1.
That, the ChhattisgarhEnvironment Conservation Board has issued consent under section 25 of the Water (Prevention and Control of Pollution) Act, 1974 vide letter no. 1826 dated 07.04.2008 and under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 vide letter no. 1828 dated 07.04.2008 and subsequent renewals for Biomass Based Power Plant of capacity 9.8 Megawatt.
The above mention consent contain the special condition to prevent the water and air pollution in the vicinity:-
Special conditions mentioned in the consent/renewal issued under Water (Prevention and Control of Pollution) Act, 1974 to prevent the water pollution in the vicinity: -
"Industry shall operate and maintain the effluent treatment system effectively and regularly. Industry shall ensure treated effluent quality within the standards prescribed by Board published in Gazette Notification dated 25.03.88. Treated effluent shall be utilized in plant operations or for plantation within premises. Industry shall not discharge any treated / untreated effluent in to the river or any surface water bodies. No effluent (treated / untreated) shall be discharged outside of the factory premises in any circumstances; hence, zero discharge condition shall be maintained at all the time."
Special conditions mentioned in the consent/renewal issued under Air (Prevention and Control of Pollution) Act, 1981 to prevent the water pollution in the vicinity : -
"Industry shall operate and maintain the existing pollution control systems effectively & regularly to ensure the emission of particulate matter less than 50 mg/Nm3 all the time. Industry shall also maintain the ambient air quality within the factory premises within prescribed limits.
Copy of latest renewal granted to the industry are hereby attached Annexure-2.
Letter has been issued to Industry for maintaining the particulate matter emission level within prescribed standards vide dated 30/03/2022 ”
Since there was no mention regarding compliance with CTO conditions, fly ash utilization plan, quantification of fly ash generation and its utilization, the Joint Committee was further directed to look into the matter afresh and submit factual and action taken report with respect to the aspects of the effluent treatment system, treated effluent quality, utilization of treated effluent in plant operations or for plantation within premises, whether there is any storage of fly ash inside or outside the factory premises, whether there is any discharge of any treated/untreated effluent into the water bodies or outside of the factory premises, whether zero liquid discharge condition is maintained or not and efficacy of air pollution control systems for ensuring the emission of particulate matter and maintaining the ambient air quality within prescribed limits and to submit its Factual and action taken report within 3 months.
In compliance thereof the report of the Joint Committee has been submitted by Regional Officer, Chhattisgarh Environment Conservation Board, Bilaspur vide letter dated 27.09.2022 by post. The relevant part of the report is reproduced as under:-
“Report of the Committee formed as per order of the Hon’ble NGT in the Original Application No. 449/2021 Surendra Rathore & Ors. Vs State of Chhattisgarh
Sr No.
Key point mentioned in the order of the Hon’ble National Green Tribunal
Response of the Committee
1.
We find from the report that there is no mention regarding compliance with CTO conditions, fly ash Utilization plan, quantification of fly ash generation and its utilization. The Joint Committee comprising of State PCB and District Magistrate, Janjghir, Chhattisgarh is, therefore, further directed to look into the matter afresh and submit factual and action taken report with respect to the following aspects: the effluent treatment system, treated effluent quality, utilization of treated effluent in plant operations or for plantation within premises, whether there is any storage of fly ash inside or outside the factory premises, whether there is any discharge of any treated/untreated effluent into the water bodies or outside of the factory premises whether zero liquid discharge condition s maintained or not and efficacy of air pollution control systems for ensuring the emission of particulate matter and maintaining the ambient air quality within prescribed limits.
The Committee visited the industry on date 06.09.2022 and inspected the industry as per the pointers mentioned in the order dated 20.05.2022 of the Hon’able Tribunal. As per the letter of the industry dated 09.09.2022 to the Regional Officer, the industry is temporarily shut down from date 06.08.2022 and was found un- operational during the inspection. The Committee has divided the report based on the pointers mentioned in the order dated 20.05.2022 in the following paragraphs:-
Details regarding the effluent treatment system- The industry has established neutralization tank for treatment of industrial effluent. The domestic waste water is being treated in septic tank followed by soak pit. The industry completely recycles the water being used during the industrial process of power generation. Hence, Zero Liquid discharge is outside the plant premises is being maintained. 2. Treated Effluent Quality- Samples of the water so observed in the neutralization tank of the industry were collected by the personals of the ChhattisgarhEnvironment Conservation Board. The analysis reports show that the treated effluent quality is within the prescribed limits of the pollution indicators like B.O.D., Suspended Solids, and C.O.D. The analysis report is attached as Annexure - 1.
Utilization of treated effluent in plant operations or for plantation within premises- The industry has planted around 10,000 trees inside and around 700 trees outside of its premises. The industry uses the treated water from neutralization tank and soak pit for dust suppression, ash conditioning and watering the plantation within premises. 4. Storage of fly ash inside/outside of the industry- Approximately total 14,386.91 MT fly ash was generated by the industry in the year 2021-2022, out of which 14,386.91 MT was sold to the brick manufacturers. During the inspection, fly ash was found in the delivery yard of the industry. As per the representative of the industry, the fly ash so observed on the date of inspection was approximately 1,500 Ton in quantity. The Regional Officer, Chhattisgarh Environment Conservation Board has directed the industry by the letter dated 20/09/2022 to dispose of the fly ash in a scientific and safe manner, or else, the industry will be penalized with environmental compensation or with closure. The above mentioned letter is hereby attached as Annexure-2.
Discharge of any treated/untreatedeffluent into the water bodies or outside factory premisesNo treated /untreated effluent was being discharged outside of the factory premises during the inspection.
Zero Liquid Discharge Condition-Boiler blowdown and DM Plant water is neutralized in the neutralization tank and is being mixed with cooling tower blowdown in the Central Chamber. Domestic waste water is treated in the soak pit and then it is used for dust suppression, ash conditioning and greenbelt development. Hence, zero discharge is being maintained by the industry and as stated in the above point, no treated/untreated effluent was being discharged outside of the factory premises during the inspection.
Efficacy of Air Pollution control system-Electro Static Precipitator (ESP) is installed to treat the flue gases from the boiler. The exhaust gases are discharged into the atmosphere through a stack of 53m height for effective dispersion of sulphur dioxide and emissions into the atmosphere. The fugitive dust due to raw material unloading are controlled by dust management system, dust extraction system with bag filters are provided at material transfer points and all internal roads are being asphalted to control the fugitive dust due to raw material transport.
Maintaining ambient air quality within prescribed limits- The personals of the Chhattisgarh Environment Conservation Board performed the ambient air quality monitoring on 06.09.2022 in four locations inside the industry. The results of the PM10 parameters were found within the prescribed limits. The copy of the ambient air quality monitoring report is attached as Annexure - 3.
CTO and subsequent renewal conditions compliance status- The compliance status of the CTO condition and latest renewal granted to the industry under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 is attached as Annexure – 4.
We have gone through the report of the Joint Committee. The Joint Committee has mentioned in its report that Zero Liquid Discharge outside the plant is being maintained; the treated effluent quality is within the prescribed limits of the pollution indicators; treated effluent is being utilized in plant operation and for plantation within the premises; approximately 14.386.91 MT fly ash was generated by the industry in the year 2021 -2022 which was sold to the brick manufactures; 1500 ton fly ash was found in the delivery yard of the industry and the industry has been directed to dispose of fly ash in a scientific and safe manner; and the industry has installed air pollution control system as mentioned and PM 10 parameters were found to be within prescribed limits. The Joint Committee has also attached detailed report showing compliance status regarding compliance of the CTO conditions and did not find any material violation of the consent conditions.
None has appeared on behalf of the applicant to dispute the correctness of the observations made in the report.
In view of the report of the Joint Committee, no further intervention by this Tribunal in exercise of its jurisdiction under the provisions of the National Green Tribunal Act, 2010 is warranted and the application is disposed of accordingly.