Item No. 03 Court No. 1 BEFORE the NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No. 328/2018

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Item No. 03 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Original Application No. 328/2018 (M.A. No. 192/2019)

Shailesh Singh Applicant(s)

Versus

State of UP & Ors. Respondent(s)

(Report filed in O.A. No. 328/2018 with M.A. No. 192/2019 for filing additional documents on record)

Date of hearing: 06.08.2019

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

For Respondent (s): Mr. Pradeep Misra, Advocate for UPPCB Dr. Sandeep Singh, Advocate for State of U.P Mr. Ankur Khandelwal, Mr. Gowrang, Advocate for R-6&8 Mr. D.K Garg, Mr. Abhishek Garg, Mr. Dhananjay Garg, Advocates for R-3,7&9 Mr. Shlok Chandra, Ms. Roopali Wadhawan, Advocates for CPCB Mr. Nishit Agrawal, Mr. Harsh Mishra, Advocates for R-2

ORDER

1. The question for consideration is pollution allegedly being caused

by respondent Nos. 2 to 12 i.e. M/s Goodluck Engineering

Company, M/s Rathi Industries Ltd., M/s Indus Tube Ltd., M/s

Garg Tube Ltd., M/s CHW Forge, M/s Sudha Steel Manufactures

Pvt. Ltd., M/s K.L Steel Pvt. Ltd., M/s K.L Rathi Industries Ltd.,

M/s Ambica Steel Ltd., M/s Advance Steel Tubes Ltd., M/s Rawal

Industries Pvt. Ltd. which are the industries operating in District

Gautambudh Nagar and Ghaziabad, State of Uttar Pradesh.

2. According to the applicant, the said industries are causing air

pollution by discharging acid, waste water contaminants,

hazardous waste and solid waste. It is also alleged that the said

industries are using furnace oil and pet coke and extracting

ground water without permission.

3. The Tribunal issued notice on 22.05.2018 and after considering

the stand of the contesting parties, vide order dated 17.01.2019, a

joint Committee comprising of the CPCB and UPPCB was

constituted to furnish a factual and action taken report.

4. Accordingly, a joint inspection report has been filed before this

Tribunal on 15.04.2019. The Committee comprising following

officers conducted the site inspection on 12th & 13th February,

2019 and 13th & 14th March, 2019:

1. Dr. Narender Sharma, Additional Director, CPCB, Delhi 2. Sh. Harish Chandra Joshi, ASO, UPPCB, Greater Noida (for industries located in Greater Noida) 3. Sh. Kishan Singh, JE, UPPCB, Greater Noida (for industries located in Greater Noida) 4. Sh. Anshul Sharma, JE, UPPCB, Ghaziabad (for industries located in Ghaziabad) 5. Smt. Deepa Chaudhary, SRF, CPCB, Delhi

5. The Committee found some units to be non-compliant and

recommended as follows:

“Conclusion, Recommendations and Action Taken: i. Out of the 11 Industries listed in the Original Application No. 328/2018, one Industry viz M/s

Star Steel Balls Pvt. Ltd was not found to be existing at the address mentioned in the application and one of the Industries viz M/s Garg Tube Co. Ltd was found to be dismantled and shifted.

ii. Out of remaining nine industries , the following two Industries were found to be involved in Pickling process:

o M/s Indus Tube Ltd., Khasra No. 234, 304, Village Chhapraula, G.T Road, Block Bisrikh, Tehsil Dadri, Thana Badalpur, Greater Noida, District Gautam Budh Nagar, Uttar Pradesh - 201307 o M/s Advance Steel Tubes Ltd, 45/3, Site 4, industrial Area, Sahibabad, Ghaziabad, U.P iii. While M/s Indus Tube Ltd, was found to be selling used Ferrous Chloride and HCL and Iron Pickling Solution to Avon Industries -16/1, A-1/6 Site - IV, industrial Area Sahibabad -201010 U.P without obtaining authorization for selling this hazardous waste; M/s. Advance Steel Tubes Ltd was found to discharging the acidic untreated effluent into the drain.

iv. None of the Industries listed in the Original Application No. 328/2019, was found to be using pet coke.

v. All the Industries listed in OA NO, 328/2018 which were found operational, were either having NOC from Central Ground Water Board or have applied for obtaining NOC/renewal of NOC from the Central Ground Water Board.

vi. The following three Industries were found to be non complying with the terms of the consent granted under Air and Water Act by the State Pollution Control Board:

o M/s Goodluck Engineering Co., Khasra No. 28, 39 Village Dhhom Manikpur, G.T Road, Dadri, Greater Noida, Gautam Budha Nagar

o M/s Rathi Industries Ltd., Village Chhapraula, G.T Road, Gautam Budha Nagar

o M/s Advance Steel Tubes Ltd, 45/3, Site 4, industrial Area, Sahibabad, Ghaziabad, U.P

vii. M/s Indus Tube Ltd., Khasra No. 234, 304, Village Chhapraula, G.T Road, Block Bisrikh, Tehsil Dadri, Thana Badalpur, Greater Noida, District Gautam Budh Nagar, Uttar Pradesh - 201307, was found to be non complying w.r.t Authorization granted under Hazardous & Other Wastes Rules, 2016.

viii. M/s K.L Rathi Steel was found to be lacking in implementing the safety guidelines w.r.t installation of fuel tank without obtaining permission from PESO.

ix. The Joint Committee has given recommendations based on the observations made during inspection of individual industrial units listed in O.A. No. 328/2018 (Table 1).

x. The Central Pollution Control Board has issued directions to UPPCB for taking immediate action on recommendations of the Joint Committee (Annexure-2).

xi. Table 1: Compliance Status and Recommendations of the Joint Committee

S. Name and Compliance Status Recommendations of the No. Address of the Joint Committee Industry

1 M/s Indus Tube Not Complying. Gaps Ltd. Village However, gaps The State Pollution Control Chhapraula, were observed by Board is required to take Block Bisrikh, the Joint immediate action against the Tehsil Dadri, committee in handling Unit for not complying with the Thana Badalpur the hazardous waste provisions of the Hazardous Greater Noida, by the Unit, for which, and other Wastes Rule, 2016. District Gautam the SPCB is required to Budh Nagar, take immediate action . The industry needs to get Zn Uttar Pradesh - Dross included as a by- 201307 product in the CTO granted by State Board so that its generation and disposal could be monitored by State Pollution Control Board.

Industry is required to get the

2hazardous waste authorization amended by including used Ferrous Chloride, HCL and Iron Pickling Solution and sign agreement with Avon Industries - 16/1, A-1/6 site - IV, industrial Area Sahibabad -201010 U.P. for disposal of the same legally.

The industry is required to make proper arrangement for safe storage of Hazardous waste.

The industry needs to make filter bag replacement schedule to prevent emissions of Zn dust from the bag filters, as observed by the joint team during the inspection.

2 CHW Forge Pvt. Ltd., Vill. The Unit was The State Board may direct Achcheja Post. found complying with the unit to get the adequacy Dujana G.T. the terms of Consent to report of the ETP prepared, Road, Greater Operate granted under followed by performance audit Noida Water Act and Air Act. for mixing R.O reject in the Final clarifier of ETP final treated effluent without was not in operation at affecting the quality of treated the time of visit. water. However, final treated effluent storage tank was overflowing. It was informed by the unit that reject of R.O plant is taken directly into the final treated storage tank of ETP. The state pollution Control Board will do sampling of the Unit once the unit submits adequacy report of ETP as per recommendation of the Joint Team to verify the performance of ETP.

3 M/s Goodluck Engineering Co., Not Complying The SPCB is required to take Khasra No. 28, immediate action against the 39 village unit for not meeting the Dhhom condition of ZLD and the Manikpur, G.T direction may be issued for Road, Dadri, maintaining ZLD or Greater Noida, installation of proper ETP for

Gautam Budha process cooling effluent Nagar before starting the production besides imposing Environmental Compensation for discharging untreated effluent in the drain.

4 M/s Sudha Steel Complying. However, The directions may be issued Manufacturing industry needs to by the State Board for making Pvt. Ltd., implement permanent arrangement for Khasra No. 525 recommendations of sampling from the stack of Village the Joint Committee. coal gasifier and for installing Chhapraula, G.T gas flaring system. Road, Dadri, Greater Noida, Gautam Budha Nagar 5 M/s Rathi Industries Ltd., Not Complying The State Board is required to Village take immediate action against Chhapraula, G.T the Unit for not achieving ZLD Road, Gautam as per condition of CTO and Budha Nagar the direction may be issued for maintaining ZLD or install proper ETP for complying with the prescribed standards before starting the production besides imposing Environmental Compensation for discharging untreated effluent in the drain.

The unit is required to install producer gas flaring system in the gasifier.

6 M/s K.L Steel, G.T Road, Complying Greater Noida, Gautam Budha Nagar 7 M/s K.L Rathi Steel, Village Complying with the The State Board is required to Chhapraula, G.T Environmental issue directions to the Unit for Road, Block norms. obtaining necessary Bisrikh, Tehsil However, permission for Storage of fuel Dadri, Greater implementation of the (LDO) from PESO and meet the Noida, District recommendations of safety guidelines. Gautam Budh the Joint Committee is Nagar, Uttar required to ensure The industry needs to make Pradesh Safety of workers and arrangement for proper surroundings. storage and handling of sludge generated from the cooling tank.

The industry is required to provide permanent sampling arrangement on the chimney of

gasifier and install gas flaring system.

8 M/s Garg Tube Co. Ltd: 9th K.M The unit was Stone G.T Road, found in dismantling Vill. Achheja, condition. The P.O Dujana, representative of the Dist. Greator industry informed that Noida, U.P – the unit has been 203207 shifted to Gujarat. 9 M/s Ambica Steel Ltd, plot Complying The Industry is required to get No. A- 51/2, Site the by-product and its use in 4, industrial the Consent to operate Area, granted by the State Pollution Sahibabad, Control Board. Ghaziabad, U.P 10 M/s Advance Steel Tubes Ltd, Not Complying The State Pollution Control 45/3, Site 4, Board is required to take industrial Area, action against the Unit for not Sahibabad, Complying with the prescribed Ghaziabad, U.P norms besides imposing Environmental Compensation for discharging untreated acidic effluent in the drain.

11 M /s Star Steel Balls Pvt. Ltd., M/s Star Steels Balls 42/43, Site IV, Pvt. Ltd. was not found to be exiting at this Sahibabad Industrial Area, address. Instead M/s Dist. – Raval Industries was Ghaziabad, U.P found at site 42/32, Site-4, Industrial area Sahibabad, Ghaziabad engaged in manufacturing of PVC rubber, extruding and moulding products. No Polluting activity was observed at this site. ”

6. Except M/s Rathi Industries for whom Shri. D.K Garg, Advocate

appears, no other alleged non-compliant unit has any objection to the

report. Objection of Shri. D.K Garg is that the unit is now compliant

and the report is erroneous. We are unable to accept this

submission. Mere denial by the alleged non-compliant unit is not

enough in the face of joint inspection report by a team of credible

officers. If there is subsequent compliance, the same may stand on

different footing and may be taken into account but it is no ground

not to accept the recommendations of the joint Committee.

7. Accordingly, we accept the recommendation of the joint Committee

and direct the UPPCB to take further appropriate action in

accordance with law within one month, including initiating

proceedings for assessment and recovery of compensation for damage

caused to the environment on ‘Polluter Pays’ principle.

The application is disposed of.

Adarsh Kumar Goel, CP

S.P. Wangdi, JM

K. Ramakrishnan, JM

Dr. Nagin Nanda, EM

August 06, 2019 Original Application No. 328/2018 (M.A. No. 192/2019) AK