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Judgment
All these applicants/appellants are carrying on business of manual dyeing of cotton yarn in their factories for the past many years in Kancheepuram and they have obtained licence for the same from the Commissioner of Kancheepuram Municipality. It appears that Kancheepuram Municipality has issued notices to these dying units for allegedly effecting connections with their under ground sewer without their permission. Aggrieved against the said notices, the units moved the Hon'ble Madras High Court by filing W.P.14314/1995 etc., batch and the High Court in the common order dated 26.7.1996 allowed the writ petitions and set aside the impugned notices.
It is the case of the applicants/appellants that presently they are discharging 10,000 litres of effluents per day into the Municipal sewer. Kancheepuram Municipality has set up 10 open concrete ponds to treat this water and let out treated water to its own grass farms. It is the case of the applicants/appellants that the discharge of such water does not pollute Vegavathy river.
In these circumstances, the Board has issued public notice through newspaper on 22.2.2011 and 23.2.2011 informing the local dyeing units to obtain ''consent'' under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974. It is stated that there are about 140 cotton and silk dyeing units and about 10,000 silk and cotton handlooms within the municipal area of Kancheepuram. In 2010, the Government of Tamil Nadu had announced the inauguration of Kancheepuram Arignar Anna Centenary Handloom Silk Park at Kancheepuram to accommodate the above 10,000 handlooms and 140 dyeing units and subsequently a company was incorporated under the name and style of Perarignar Anna Centenary Memorial Handloom Silk Park Ltd., Since there was a proposal for the setting up of silk park, it was decided in the presence of the Hon'ble Minister for Handlooms that the units can obtain ''consent'' after their shifting to the silk park. However, the units have been directed to individually apply for ''consent'' under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 and accordingly as against the public notice suitable replies have been sent to the Board.
However, the Board having not been satisfied by the reply, has issued the impugned notices under Section 33 of the Water (Prevention and Control of Pollution) Act, 1974 directing the units to close down with immediate effect.
It is as against the said impugned orders these statutory applications/appeals have been filed before this Tribunal contending inter alia that the Board has issued the notices without application of mind and that the discharge of treated water effluents does not affect the river which is four kilometres away from the location of the units, apart from many other grounds.
Pending the applications/appeals, this Tribunal on 17.2.2014 has granted interim stay of the impugned order which continues as on date. However, in the mean time, the Tribunal has directed the Board to conduct an inspection and file status report.
Accordingly, the Board has filed a status report dated 6.1.2016 followed by another status report dated 3.2.2016.
In the status report dated 6.1.2016 the Board has stated the present status of M/s. Perarignar Anna Handloom Silk Park Ltd., as follows:
''1. The silk dyers and cotton dyers together formed a Silk Park named M/s. Perarignar Anna Handloom Silk Park Ltd and proposed a CETP at Kilkathipur village, Kancheepuram taluk & district under the 'Scheme of Integrated Textile Park (SITP) Ministry of Textiles Government of India.
The Silk Park proposed to carry out (i) Silk loom shed - 24 plots & 24 units (ii) Silk dyeing shed - 22 plots & 16 units (iii) Cotton dyeing shed - 54 plots & 30 units (iv) Embroidery & Readymade shed - 5 plots & 5 units (v) Cotton warping & sizing sheds - 10 plots & 10 units.
Sanctioned total project cost is Rs.83.83 Crores. For the establishment of Silk Park the State Government provides 9%, Central Government provides 40% and the stakeholders of silk park funds 51%
The silk park is proposed to have STP having capacity of 500 KLD and effluent treatment plant in two stream having stream 1 - 3200 KLD (cotton dyeing) and stream II-450 (silk dyeing) capacity of respectively with RO, RMS system
5.The silk park has applied for CTE vide CC18622 dated 09/01/2014 and CTE has been issued in Board's proceeding dated 30.12.2015 under the Water and Air Acts with one of the condition that the silk park shall obtain and furnish Environmental Clearance from competent Authority under EIA Notification, 2006
With regard to G.O relaxation, the silk park has obtained G.O exemption order dated 27.07.2015 from State Government for the proposed activity of establishing silk park from the purview of the G.O.Ms.No.127 E & F Dept. Dated 8.05.98
With regard to Environmental Clearance, the silk park has conducted the public hearing on 09/10/2015 at 11.00 AM in the premises of M/s.Perarignar Anna Handloom Silk Park Ltd., Kilkathirpur, Kancheepuram and minutes has been submitted to the Board and SEIAA
The silk part in its letter dated 30.11.2015 has reported that the SEAC in its meeting held on 27.11.2015 has considered the proposal based on the presentation about the establishment of silk park for the issuance of Environmental Clearance (EC) and awaiting the order of SEAC
The silk park has submitted the building plan to Local Planning Authority for approval.
The report further states about the remedial measures to be taken by the units of the applicants/appellants:
''1. Flow meter to measure the effluent quantity at the inlet of underground collection tank (all the units have provided within their premises) for optimizing the chemical dosage usage
Pumping the effluent from the underground collection tank to chemical dosing cum settling tank fitted with flash mixer with agitator (not provided by 11 units who have obtained stay from NGT (SZ) for proper mixing and allowing sufficient time for settling
The supernatant from the chemical dosing cum settling tank is let into underground sewer through flow meter to measure the effluent discharged from the unit premises
The settled slurry let into sludge drying beds for drying
According to Mr. Viswanathan, learned counsel appearing for these applicants/appellants, the requirements of the Board have been complied with and in fact till the silk part is set up and the existing units shifted to the new place, the units are prepared to comply with all other directions, as may be given by the Board.
In the latest status report dated 3.2.2016, the Board has stated that from the treatment of 1,000 litres of dyeing effluent, 1 kg of chemical sludge is generated as per lab calculation. Hence from all the 67 dyeing units a total of 12 tonnes of sludge is generated per month. The accumulated quantity of sludge at present is less than the above mentioned quantity due to the reason some of the dyeing units are using hypo and alum for colour removal, optimum dosage of lime, alum and hypo has not been used for the treatment, improper operation of ETP system, collection and storage of sludge and due to flood caused during the month of November and December, 2015 the accumulated sludge must have been washed away.
According to the Board, the sludge generation could not be assessed since the units have not provided flow meter and not maintained registers properly to assess the days of operation, quantity of production, quantity of trade effluent, chemical used for treatment and sludge generation. Therefore, a meeting of all the stakeholders was arranged by the Board on 9.1.2016 and a Memorandum of Understanding was arrived at regarding the disposal of the sludge.
Accordingly, out of 67 dyeing units only 56 units attended and accepted the MoU and the remaining 11 units which have filed case in the Hon'ble NGT did not attend the meeting and did not agree for signing MoU. According to the Board, the 11 units shall carry out the following compliance to ensure efficient operation of primary treatment system for colour removal and to achieve the Board's standard till the setting up of the silk park. The said recommendations are as follows:
i. To provide flow meter to assess the quantity of trade effluent and its sludge generation
ii. To provide flash mixture in the dosing tanks to improve the coagulation and flocculation in the primary treatment system
iii. To maintain proper registers to assess the days of operation, quantity of production, quantity of trade effluent, chemical used for the treatment and sludge generation
iv. Chemical sludge generated shall be disposed to TSDF through M/s.Perarignar Anna Handloom Silk Park Ltd, Kancheepuram being applied for authorization under Hazardous Waste (M.H & TM) Rules, 2008 along with other 56 dyeing units
v. All these 11 dyeing units shall renew their agreement with proposed silk park immediately so as to apply and obtain the individual CTE
The Board has also stated that the proposed M/s.Perarignar Anna Handloom Silk Park Ltd., Kancheepuram must comply with the following conditions:
CETP shall ensure the effective operation and maintenance of individual primary treatment system to achieve the standards of TNPCB except TDS & chloride by appointing an Environmental Engineer to analyze the treated trade effluent through TNPCB periodically till the establishment of silk park
CETP shall monitor the 67 dyeing units to ensure the following by appointing an Environmental Engineer till the establishment of silk park
i. Flow meter to measure the effluent quantity at the inlet of underground collection tank (all the units have provided within their premises) for optimizing the chemical dosage usage
ii. Pumping the effluent from the underground collection tank to chemical dosing cum settling tank fitted with flash mixer with agitator (not provided by 11 units who have obtained stay from NGT (SZ) for proper mixing an allowing sufficient time for settling
iii. The supernatant from the chemical dosing cum settling tank is let into underground sewer through flow meter to measure the effluent discharged from the unit premises
iv. The settled slurry let into sludge drying beds for drying
The silk park shall furnish the Form - III showing details of sludge generation and disposal to TSDF to assess the efficient operation of the individual ETPs before 15th of every month till the establishment of silk park
The silk park shall obtain authorisation within 30 days for the disposal of accumulated sludge
The silk park shall take necessary action to apply and obtain individual CTE to all the 67 dyeing units within 30 days
Mr. Viswanathan, learned counsel appearing for the applicants/appellants would submit that while it is true that the applicants/appellants are willing to abide by further conditions to be imposed by the Board, in so far as it relates to the recommendation that chemical sludge generated is to be disposed to TSDF through M/s. Perarignar Anna Handloom Silk Park Ltd., Kancheepuram by way of authorisation under Hazardous Waste (M.H & TM) Rules, 2008, is not possible for compliance for the reason that the so called silk park itself has not come into existence so far. However, the learned counsel would fairly submit that in respect of the clearance of sludge generated, proper proposal will be sent through the authorised TSDF and the same will be informed to the Board for approval.
We make it clear that if such activities are being done by the applicants/appellants, the Board shall consider the same and impose further conditions and issue authorisation under the Hazarduous Waste (Management, Handling and Transboundary Movement) Rules, 2008 and such conditions which may be imposed shall be followed by the applicants/appellants. We further make it clear that this arrangement is not only till Perarignar Anna Handloom Silk Park is set up and when once silk park is set up and the existing units are accommodated in it, they have to approach the Board for the purpose of ''consent'' both under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 apart from the authorisation under the Hazarduous Waste (Management, Handling and Transboundary Movement) Rules, 2008 as and when the same is required.
With the above direction, the applications and appeals are disposed of. There shall be no order as to cost.