Tribunals and CommissionsSingle Bench(2016) 01 NGT CK 0014

T.K. Subramanian vs District Collector And Ors

National Green Tribunal · Decided on 11 January 2016

HON’BLE JUDGES
P. Jyothimani, J
RESULT
Disposed Off
CASE NUMBER
Application No. 200 Of 2015

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Judgment

151 paragraphs · 2,151 words
1.

The prayer in the application is to direct the official respondents 1 to 4 to close down the paper mills run by the 5th and 6th respondents at Ikkaraithathappalli Village, Sathyamangalam Taluk, Erode District and also to issue an order of permanent injunction against the said respondent paper mills.

2.

The Pollution Control Board in its report dated 11th January, 2016 has stated that ''Consent to Operate'' was issued to the 5th respondent unit on 14.7.2000 to manufacture kraft paper 450 T/M and to generate trade effluent -I 92.5 KLD (on land for irrigation) trade effluent - II 100 KLD (recycled in the process after treatment. A further Consent to Operate was issued to the 5th respondent to manufacture kraft papers 1,200 T/M and to generate trade effluent - I 150 KLD (recycling to process directly) and trade effluent - II 150 KLD (recycling to process after treatment in the effluent treatment plant). The Consent to Operate was renewed in the order dated 11.7.2015 stating with the validity period up to 30.6.2016. Though the first consent was issued to the unit to utilise 92.5 KLD of the treated trade effluent on land for irrigation, the Consent to Operate was extended for expansion and that was issued to the unit to reuse the entire treated trade effluent in the process.

3.

In so far as it relates to the 6th respondent unit which was purchased by M/s. Saradha Papers and Boards (P) Ltd., from M/s. Vaikunth Duplex Board Mills (P) Ltd., and presently operated by M/s.Senthil Papers and Board (P) Ltd., to manufacture Duplex Boards 375 T/M and to generate trade effluent 145 KLD. There was a further Consent to Operate especially for expansion of the 6th respondent unit and the Board in its proceedings 25.8.2014 has granted such ''Consent'' for expansion to manufacture coated duplex board/kraft 15125 T/M. Subsequently, Consent to Operate was issued to manufacture coated duplex board/kraft board 12521 T/M and to generate trade effluent - I 3500 KLD (recycling to process) trade effluent - II 461 KLD (recycling to process apart from trade effluent - III 39 KLD (utilized for ash quenching) by the proceedings dated 25.8.2014.

4.

There was a telephonic complaint received on 22.8.2015 against the 5th respondent unit based on which an inspection was carried out on 22.8.2015 along with Tahsildar, Sathyamangalam and Inspector of Police, Bhavanisagar During the time of inspection, a group of public have assembled to complain about the said unit. Based on the inspection conducted on the said date, a show cause notice was issued to the 5th respondent for various violations which are as follows:

.

Violations mentioned in the SCN

Unit's reply dt.31.8.2015

dt.24.8.2015

(enclosed vide Annexure-VII)

1

The unit was having a pipeline from the

Generally we are treating the

ETP for the discharge of effluent from the

effluent at various stages in

ETP

our ETP and the treated

effluent is fully recycled in

our system itself

2

Un-treated effluent from the ETP of the

Unfortunately

due

to

unit was found discharged on land

unexpected

heavy rain

on

through the above said pipeline

21.8.2015

night,

the

rain

water drain and the rain

water harvesting

tank

got

damaged and mixed in the

ETP tank, hence over flow

occurred

3

Un-treated effluent was found stagnated

However, we are taking all

in the unit's own land in various places

necessary

steps

to operate

the ETP in still more effective

manner and assure that this

will not be repeated in future

and regret for the same

4

Sludge was found accumulated in the

The sludge was stored in the

sludge drying beds without proper

sludge drying beds for sun

disposal

drying purpose. After drying,

the same has been sent to

Board units for making paper

boards

5.

There appears to be certain complaint given to the District Collector during the Grievance Redressal Day against the 5th respondent on the ground that they discharge untreated effluents. There was another representation received by the Board on 1.9.2015 which is by some of the public to the effect that the complaint issued against the 5th respondent was fault and a further show cause notice was issued and the District Environmental Engineer of the Tamil Nadu Pollution Control Board, Perundurai has addressed a letter on 3.9.2015 to the Joint Chief Environmental Engineer, Coimbatore with a request to conduct a personal hearing with the unit and accordingly such personal enquiry was conducted on 21.9.2015 and thereafter a report was submitted along with the minutes of the personal hearing for issuance of direction for closure and disconnection of power supply.

6.

It is stated that subsequently the District Collector, Erode has formed a Committee comprising of certain officials of the Revenue Department, apart from Police Department to inspect all the paper mills operated in Sathyaangalam Taluk. The committee is stated to have inspected various units situated in Sathyamangalam Taluk and a report was received from the said committee and certain suggestions were made which are as follows:

''i.During heavy rainy season, the industries shall take proper preventive measures to avoid flow of rain water mixed with the effluent outside the premises.

ii. The units shall provide proper storm water drains within the premises.

iii. The units shall raise the brim of the effluent treatment plant civil components

iv. The units shall avoid spillages of solid waste on the roads during transportation of ETP sludge to ''Sundry Board'' manufacturing units.

v. The industries shall inform the nearby public about the improvement works carried out in the effluent treatment plant.''

7.

In addition to that, the 2nd respondent organised a meeting with all paper mills operated at Sathyamangalam area and instructed the units to carry out various improvement measures in the ETP area. The Board has also constituted a four member committee consisting of Dr.S. Chinnaraj, Dr.T. Meenambal, Thiru T. Pradeep and Dr.S. Selvan to inspect the 5th respondent unit. It is stated that the said committee has inspected the unit on 29.12.2015 and the report is awaited. It is also stated that the sick units which are mentioned in the said report viz., Akshera Papers, Sri Andal Paper Mills, Unit - ii, Sri Andal Paper Mills, Sri Andal Paper & Boards, Sri Vaikunth Papers & Board, and Saradha Papers & Board are the kraft paper industries situated in the area recycling the untreated/treated effluent in the paper manufacturing process. In addition to that, six printing paper industries viz., Aaditiya Aswin Paper Mills, Karthikeya Paper & Board, Sri Venkatramana Paper Mills, Sripathi Papers & Board, Sri Sakthi Papers India and Karthikeya Paper Mills are reusing 75% of the treated trade effluent in the process and utilising 25% of the treated trade effluent on land for growing trees.

8.

In respect of the inspection conducted in the 6th respondent unit, based on the inspection conducted certain instructions were issued to the units for improvement in the ETP for which the units have replied. The inspection and reply given by the 6th respondent are stated by the Board as follows:

Sl No

Instructions issued to the unit Dt.4.9.2015

Units reply dt.12.9.2015

1

Sludge belt press area to be developed to avoid sludge spillage and mixing with wate

Construction of barrier wall and columns foundation for roofing of sludge press area under progress

2

Gear box problem in the sludge thickner shall be rectified immediately to improve sludge thickening

Assembling of gear box after repairing work is done, shall be fixed and put in operation within 3 days period

3

The ETP operators shall have a system to enter the failure/problems in the operations of ETP so that immediate attention is given by the top level management people to address the defects

Separate log book is being maintained and al relevant data are entered for operation and maintenance activities, which is being reviewed by top management or regular basis, to take immediate remedial actions

4

All the datas of the ETP operation including maintenance issues shall be entered in the log book immediately

Separate log book is being maintained and all relevant data are entered for operation and maintenance activities

5

The scrapper mechanism in the chemical sludge thickner shall be rectified immediately

Scrapper mechanism of the chemical sludge thickener repairing work will be completed within two days shall be put in operation

6

Roofed shed shall be provided for the storage of sludge without access for rain water

Fabrication of structures is under progress and foundation footings construction under progress

7

The flow in the primary clarifier was not maintained properly as per the design

The operation procedure is modified and the maximum flow of 167 cu.mt/hour of flow to primary clarifier is ensured

8

The accumulated sludge in the old sludge drying beds shall be disposed off immediately

Sludge accumulated in old sludge drying beds is being sold lout and demolishing the old unused sludge drying beds is under progress

9

The quantity of fresh water intake for the process, recycling of treated effluent in the process water consumed for domestic uses etc., shall be entered in the log books properly

Separate log book is being maintained and readings are entered on daily basis

10

ETP power consumption, chemical consumption details shall be entered in the log book

Separate log book is being maintained and readings are entered on regular basis

11

DAF stand by pump shall be erected immediately

Foundation of the pump base construction under progress

12

Flexible houses found near the collection tank shall be removed immediately

All the flexible houses are removed already from ETP premises

13

Flexible hoses shall not be used in the operation of ETP

Noted, hence forth we will not use any flexible hoses in operation of ETP

14

Effluent stagnation with waste plastic near the drum screen area shall be avoided

Necessary modification works done in drum screen area to avoid stagnation of effluent and waste plastic

15

Waste plastic collected shall be disposed to cement industry for beneficial uses

Being done to ensure safety in DAF area

16

Proper safety arrangements shall be provided at DAF

Being done to ensure safety in DAF area

17

DO meter shall be provided at the aeration tank

To procure DO meter, quotations are obtained and PO releasing is under progress, copy of quotation is enclosed

18

The overall housekeeping of the ETP area shall be improved

Separate team for day to day housekeeping and gardening is being deployed

19

The unit shall ensure zero discharge of effluent

We ensure the zero liquid discharge system from our plant operation

20

All the pipe lines provided for the discharge of untreated/treated effluent if any in the premises shall be removed immediately

All the unwanted pipe lines are removed

21

The unit shall install CCTV in ETP area, the nearby odai, and same shall be connected to internet immediately

Obtaining the quote for installation of CCTV system isunder progress

22

The unit's operations shall not attract pubic complaint

We will ensure that jour plant operation will not attract the public complaint

23

The units shall take proper preventive measures to avoid discharge/flow of effluent during rainy season

We will ensure the same

24

The unit shall operate the ETP efficiently and continuously so as to achieve the standards prescribed by the board

We are operating the ETP efficiently and achieving the standards prescribed by TNPCB

25

The unit shall furnish the production details effluent generation detail, effluent recycled in the process, sludge generated & disposed, plastic generated & disposed power consumed in the o0peration of the ETP to this office fortnightly

On fortnight basis we will lbe submitting the letter with all data required

It is stated that the Board is regularly monitoring the river water quality at various locations of river Bhavani and the water samples are being collected and analysed which reveals that the parameters are meeting the standards prescribed by the Board. It is also stated that the paper industries operated in Sathyaangalam area which are narrated above are regularly monitored by the officials of the District Environmental Engineer, Perundurai

9.

In view of the actions which are being taken by the Board regularly, we are of the view that the impleadment of the other 10 paper units, apart from 5th and 6th respondents which are already on record, is not necessary and will not serve any purpose .

10.

However, we make it very clear that the Board, as assured in the status report, shall continue to monitor all the units at close intervals and satisfy about the compliance of all pollution norms. In the event the Board is satisfied that any of the units have not complied with the said directions issued by the Board, the Board shall immediately take action in accordance with law under Water (Prevention and Control of Pollution) Act.

11.

With the above direction the application stands disposed of. There shall be no order as to cost.