Sandeep Vs JR Group Power Automobile India Pvt Ltd

1. This  Original  Application  under  Section  14  and  15  of  National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered by exercising suo-moto jurisdiction taking cognizance of complaint made by the applicant in person that respondent 1, M/s J.R. Group Power Automobile is operating in Sector 7, HSIIDC, IMT, Bawal causing air pollution which is resulting in breathing problems and ailments to the residents of the locality.

2. Tribunal took cognizance of complaint on 08.11.2023 and order to verify facts by constituting a Joint Committee comprising\representatives of CPCB, State PCB and Deputy Commissioner, Rewari. The Committee was directed to visit the site, collect relevant information, look into the grievances of the applicant, associate the applicant and representative of project proponent, and submit the factual report.

3. Initially an interim report dated 13.02.2024 was filed by the Joint Committee observing that there are three potential sources responsible for volatile organic pollutants causing smell and breathing problems and the same are as under:

(i).   Paint Shop Exhaust with water Droplets

(ii).   Unscientific Storage of Paint Sludge, a hazardous waste, and

(iii). Effluent Treatment Plant Sludge, another hazardous waste.

4. Report further stated that plastic reject being reused in production of plastic automobile parts, lying outside the controlled area and open space resulting in blocking free and safe passage mandatorily required to be maintained by the proponent to avoid fire hazard. Committee also observed that Ambient Air Quality Monitoring for Benzene (Gaseous phase), Benzo-a-pyrene, Nickel (NI), Arsenic (Ar), Lead (Pb) be undertaken to establish that volatile emissions are released during the industrial operation along with heavy metal.

5. Respondent  1  filed  reply  dated  14.02.2024,  denying  all  the allegations and stating that it is operating industrial unit strictly in accordance with rules and without flouting any environmental norms and laws. However, with regard to Ambient Air Quality, no test report was placed on record to show that no air pollution was being caused by it.

6. Respondent 3 later on submitted a detailed Action taken Report dated 03.04.2024 stated that monitoring of ambient air quality was carried out on 01.03.2024 and 05.03.2024 by a Laboratory recognized under Environment Protection Act, 1986 (hereinafter referred to as ‘EP Act, 1986’) and engaged by respondent 3- HSPCB. Monitoring was carried at three locations each inside (at point A, B and C) and outside (at point D, E and F) of premises of proponent. Analytical results of ambient air quality monitoring are given in the form of chart in para 2 (ii) and further observations are given in para 2 (iii) & (iv) which are reproduced as under:

“(ii). The analytical results of the ambient air quality monitoring are tabulated below:-

Location A ( Near Main Gate No.2 and paint booth exhaust)

  Location B (Near Cooling Tower)

Location C (Near Scrap Yard Areas)  

Location D (33/11 KV Sub Station ) ( Outside the premises)

Location E (Front Side of JRG Automotive Ltd.)

Location F (Back Side of JRG Automotive Ltd.)

Note:- Since the above parameters are monitored and analysed under ultra low concentration and therefore a correction is applied for taking into account sampling, preservation, transportation and analysis which comes out to be 1.331.

(iii) The above observations and the results revealed that the industry is emitting carcinogenic Benzene and its associated compounds such as Benzo (a) Pyrene (BaP) together with heavy metal such as Arsenic (As) and Nickel (N). Although, the concentration of the above mentioned compounds found to be within or close to National Ambient Air Quality Standards at outside the premises but it does not rule out any possibility of adverse impact on the human health due to continues exposure of such compound that would have caused neurological disorder and cancer.

(iv) It is also observed that no improvement in handling and managing the hazardous & other waste was made by the unit despite the verbal directions given by the committee during the last inspection made on 10.01.2024. The waste disposed or lying within the premises but creating obstruction in clear passage posing a risk to the workers engage in the production to avoid disaster.

7. Joint  Committee  also  has  given  its  recommendations  in  Para-3 which read as under:

“3. Recommendation

1. Since the Industry is engaged in handling of substances which may cause human hazard and adverse Impact to human health and environment, it is therefore recommended that the unit may be asked to ensure proper handling and management of materials/chemicals so that no emission is released into the environment which may cause any damaged.

2. HSPCB has already Issued a show cause notice for closure under section 31-A of Air (Prevention and Control of Pollution) Act, 1981/33-A of Water (Prevention and Control of Pollution) Act, 1974, revocation of CTO, Prosecution for Violation for section 24 under section 43 of Water (Prevention and Control of Pollution) Act, 1974 and under section 21/22 of Air (Prevention and Control of Pollution) Act, 1981 Imposing Environmental Compensation, non complying of hazardous waste management Rules, 2016 and Plastic Waste Management Rules, 2016 and amended thereof vide letter No.HSPCB/RWR/2023-2024/2442 dated 18.03.2024 (Annexure-R-3). It is therefore recommended that an environmental compensation may be levied by HSPCB taking Into account the human health and environmental damage that would have caused due to continues emission of hazardous chemicals into the environment and the same may be estimated for the period of the Industry was in operation.

3. A safety audit may also be undertaken by the concerned state authority where the issue of hazardous and other wastes dumped Inside the premises and the same has created obstruction in free passages be also considered.”

8. Tribunal  considered  matter  on  05.04.2024  and  observed  that ambient air quality is beyond parameters in various respects and, therefore, there was violation of environmental norms and in particular Air (Prevention and Control of Pollution) Act, 1981. The observations made in Para 8 of order dated 05.04.2024 read as under:

“8.Even though prima facie the observations made in the report of the Joint Committee regarding emission of benzene and its associated compounds together with heavy metals and also no improvement in handling and managing the hazardous waste despite verbal directions warrant immediate closure of the unit of respondent no. 1- project proponent yet it will be appropriate that before passing any order of immediate closure respondent no. 1-project proponent is granted opportunity in accordance with principle of natural justice to file its response and also to take remedial measures. Accordingly, respondent no. 1-project proponent is directed to take requisite remedial measures immediately with regard to emission of Benzene and its associated compounds and also for proper management and disposal of hazardous waste/scrap in accordance with rules and submit compliance report before this Tribunal within two weeks (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) with a copy to HSPCB.”

9. Tribunal directed project proponent to submit a compliance report in respect of air quality and discharge of heavy materials in air causing pollution and thereafter, respondent 3 was directed to verify status of such compliance and submit Action Taken Report.

10. Pursuant to order dated 05.04.2024, an Action Taken Report has been filed on 19.04.2024 by respondent 1 giving its response to recommendations made by Joint Committee vide report dated 08.04.2024, as under:

“RESPONSE IN COMPLIANCE WITH THE ABOVE RECOMMENDATIONS IS AS UNDER:

1. That it is respectfully submitted that the R-1 has hired a specialized Environmental Pollution Consultant namely, "Enviro Lab" to guide the R-1's factory in accordance with Environment Act, 1986, Air Act, 1981 and Water Act, 1974 and to perform environmental compliances from time to time. A true copy of the payment receipt dated 06.04.2024 for hiring "Enviro Lab" is annexed herewith as ANNEXURE 1.A copy of the suggestions made by the consultant "Enviro Lab" is annexed herewith as ANNEXURE

2 (Colly). A copy deposit of Rs. 2,00,000/- to HSPCB towards the performance deposit as suggested by the consultant has been annexed herewith as ANNEXURE 3.

2. That it is respectfully submitted that the R-1 has been informed about the notification which clarifies that this particular unit does not fall under the Public Liability Insurance Act, 1991 with regard to the employees working under this unit as there are no chemicals/ substances used in the R-1's factory which requires Public Liability Insurance. A copy of teNo Requirement of Public Insurance Liability Act on letter head of R-1's factory alongwith the notification dated 24th March, 1992 of Ministry of Environment and Forest in regards to the list of chemicals with quantities for application of Public Liability Insurance Act isannexed herewith as ANNEXURE 4 (Colly).

3. That it is respectfully submitted that the R-1 has taken immediate steps to clear the plastic and iron scrap which was found to be stored by the joint committee in the backyard of the factory. Also, a further step has been taken to enter into an MOU with SANKLA ENTERPRISES for scientific disposal of industrial plastic waste. A true copy of the said agreement/ MOU with Sankla Enterprises is annexed herewith as ANNEXURE 5.

4. That it is respectfully submitted that the recommendation with regard to the Air Pollution and Water Pollution has been fully complied alongwith the testing report of the DG SET.

Firstly, however, there has not been Water Pollution, that has already been observed by this Hon'ble Tribunal, which is also mentioned hereunder and the relevant extract of the order is as follows:

"4. Reply was filed by respondent no. 1-project proponent videemail dated 14.02.2024. In its reply respondent no. 1-project proponent has mentioned that its plant is situated at Plot No. 22-23-24, Sector-7, HSIIDC, Bawal, Haryana. HSPCB vide its letter dated 16.05.2021 granted consent to respondent no. 1 to operate its plant at the aforementioned address. Respondent no. 1 conducts injection moulding of automotive plastic parts, wherein such automotive plastic parts are painted under several processes. In this process of painting. waste is generated which is immediately routed to the Effluent Treatment Plant [ETP] installed and maintained by respondent no. 1 in its premises. Paint sludge is handed over to authorized agency recognized by the government to deal with industrial waste as per environmental norms. ETP treated water is thereafter diverted to the sewerage connection provided by Haryana State Industrial & Infrastructure Development Corporation [HSIIDC] for which the respondent no. 1 pays separate Water/Sewerage charges against Bills raised by HSIIDC."

Secondly, in regards to the Air Pollution, R-1 has conducted tests for the Air Ambit Analysis, from EPALabs Private Limitedon 09.04.2024which also shows that there have not been any air pollutants or emissions in the R-1's factory premises.

It is pertinent to mention that there are 5-10 factories of the same nature located in the nearby areas. A factory M/s JSW, is located in front of R-1 Unit. Also, a factory named Kansai Nerolac Paints Limited, Plot No. 36, Sector 7, HSIIDC Growth Centre, Bawal, Distt Rewari which is also a paint manufacturing plant located within 200 mtrs. to the respondent factory. Hence, the sampling of ambient air was observed beyond the limits of the R-1's factory.

The copy of the Ambient Air Analysis conducted on 09.04.2024 and again another Ambient Air Analysis dated 16.04.2024 by "EPA Labs Private Limited" has been annexed herewith as ANNEXURE 6 (Colly). A copy of the receipt of Rs. 2,700/- to HSPCB towards Rechecking of Ambient Air Quality as suggested by "Enviro Lab" has been annexed herewith as ANNEXURE 7.

Hence, it is evident that no emissions have occurred from the premises of R- 1's factory, and all necessary compliances have been diligently adhered to. Nevertheless, it is now challenging to comprehend and raises serious doubts regarding the actions of the concerned departments regarding the sampling process. Notably, no samples were provided to R-1 as mandated under section 26 of the Air (Prevention and Control of Pollution) Act, 1981.

It is crucial to acknowledge that benzene leakage could potentially occur in paint manufacturing processes, and R-1 stands as the manufacturer of mouldings wherein utilizing paint within its factory premises. Additionally, other paint manufacturing facilities exist within 200 meters of R-1's factory. However, it remains unclear from where the samples were obtained whether from the exterior or interior of the factory.

Therefore, upon reviewing the reports outlined in Annexure 4 and Annexure 5, it can be asserted that there has been no leakage of benzene or any other chemical compound.

Thirdly, in regards to the DG SET, the Commission for Air Quality Management in National Capital Region and Adjoining Areas in the notification No. A-110018/01/2021-CAQM/827(DT) dated 02.06.2023 states that "any use of DG sets of capacity upto 800 KW shall be permitted for industrial and commercial sector in the entire NCR and residential etc., only subject to their conversion to dual fuel system (70% gas + 30% diesel) in areas where gas infrastructure and supply is available:".

It is pertinent to mention that there is a list of manufacturers certified for Retrofit Emission Control Devises (RECDs) applicable to Deisel Genset Engines (Up to 800 KW) for different capacity ranges as of 09.04.2024 which also included M/s Chakr Innovation Pvt. Ltd. That R-1 has already given the purchase order of the same which shall get installed within 40-45 days.

A true copy of the purchase order of the RECDs (600 KVA) from M/s Chakr Innovation is attached herewith as ANNEXURE 8. A copy of the list of manufacturers of the RECDs applicable to Diesel Genset Engines by CPCB is annexed herewith as ANNEXURE 9.A copy of the notification of the Commission for Air Quality Management in National Capital Region and Adjoining Areas in the notification No. A-110018/01/2021-CAQM/827(DT) dated 02.06.2023 is annexed herewith as ANNEXURE 9A.

5. It is further submitted that the logbook which reflects the inlet and outlet of the paint sludge has been recorded and is further carried out by the agency hired for scientific disposal which is Eco Management and Protection Services, an agency which is certified for scientific disposal of the hazardous waste. A copy of the R-1's MOU with Eco Management and Protection Servicesalongwith the logbook is annexed herewith as ANNEXURE 10 (Colly). It is also pertinent to mention that the R-1 had already taken Authorization under Hazardous and Other Waste (Management & Transboundary Movement) Rules, 2016 from HSPCB vide letter bearing No. HWN/REW/2022/8479101 dated 26/05/2022 for transportation of hazardous waste. A copy of the Authorization granted by HSPCB to R-1's factory under Hazardous and Other Waste (Management & Transboundary Movement) Rules, 2016 annexed herewith as ANNEXURE 11.

6. That it is pertinent to mention that the issue which was raised in the interim report with regard to the water droplets coming out of the exhaust of the paint shop. Under the consultation of Enviro Lab, R-1 has taken these steps to improve and comply with the said issue, which are as under:-

a) Earlier there were 3 Water Spray Nozzel which are now being increased to 36 Water Spray Nozzel to deal with the impurities if any in the fumes.

b) Exhaust/ Stack duct height increased by 7.5 mtrs from 15 mtrs, which is now at a height of 22.5 mtrs.

A true copy of the PPT depicting the improvement of the exhaust of before and after has been annexed herewith as ANNEXURE 12.Further, a true copy of the layout maps providing a holistic view of the industry alongwith the various moulding shops and paint shop at different locations is marked and annexed herewith collectively as ANNEXURE 13 (Colly).

7. That it is respectfully submitted that it is imperative to underscore that environmental compliance is a fundamental aspect of our operations. In this regard, we have diligently pursued the necessary compliances as per the order dated 05.04.2024 of this Hon'ble Tribunal and have also submitted the representation to the HSPCB for any other inspection or recommendation thereof, if necessarily required.

A true copy of the representation dated 18.04.2024 in regards to the compliance report made to the HSPCB is annexed herewith as ANNEXURE 14.”

11. Respondent 3 has also submitted report in compliance of order dated 05.04.2024 with regard to verification of steps taken by project proponent after inspecting unit on 19.04.2024, and recorded its observations as under:

“I. Unit has obtained Authorization under Hazardous and Other Wastes (Management & Transboundry Movement) Rules, 2016 vide No. HWM/REW/2021/15325285 dated 29.08.2021 for the period 23/08/2021 to 31/03/2025. Now, during inspection on dated 19.04.2024, there was improvement in handling & storage of hazardous waste i.e. "paint sludge and empty plastic chemical containers". Further, unit has constructed separate room, also indicating proper signboard for storage of hazardous material separately (Annexure R- 2). Unit has also made agreement with M/s Eco Management & Protection Services (Annexure R-3) for disposal of paint sludge and discarded containers and also submitted copy of log book (Annexure R-4) alongwith manifest (Annexure R- 5) generated for disposal of hazardous waste.

II. Unit has constructed separate yard for storage of plastic wastes scrap and made agreement with authorized recycler i.e. M/s Sankla Enterprises, H1-32, RIICO Industrial area, Ghiloth RIICO Industrial area, Neemrana, Tehsil-Neemrana, Distt. Alwar for disposal of industrial plastic waste (Annexure R-6) and copy of bills for the same are attached as Annexure R-7.

III. Unit has installed additional 33 Nos. of water spray nozzles in the existing water scrubber to control the volatile emissions generated from the paint booth section. Photographs are attached as Annexure R-8.

IV. Further, unit has increased paint booth exhaust stack height from 15 meter to 22.5 Meter to control the volatile emission generated from the paint booth section. Photograph is attached as Annexure R-9.

V. Unit has cleared all the waste which creating obstruction in clear passage posing a risk to the workers engaged in the production. Photographs are attached as Annexure R-10.

4. That unit has deposited performance security of Rs. 2,00,000/-on dated 06.04.2024 in lieu of various violations observed by the joint committee during visit of 10.01.2024 & 01.03.2024.

5. That to check the adequacy of the compliances made by the unit to control Benzene (gaseous phase) emission, ambient air monitoring is to be commenced from 22.04.2024 through recognized lab under EPA, 1986.”

12. Further report dated 17.05.2024 has been filed by respondent 3 stating that Ambient Air Quality is being maintained as per the parameters and for past violations Regional Officer has recommended imposition of environmental compensation of Rs. 12,65,500/- vide its letter dated 15.05.2024, sent to Head office, and after approval by Head Office, following the principals of matter of justice, appropriate order shall be passed in this regard. Details of inspection and result of analysis of Ambient Air Quality, given by respondent 3 in its report dated 17.05.2024, read as under:

(i) The analytical results of the ambient air quality monitoring are tabulated below: -

Location A (Near Main Gate No. 02 and paint booth exhaust)

Location B (Near Cooling Tower

Location C (Near Scrap Yard Area)

Location-D (33/11 KV Sub Station) (Outside the premises)

Location-E (Front Side of JRG Automotive Ltd

Location-F(Back Side of JRG Automotive Ltd.)

3. OBSERVATIONS

(i) The above observations and the results revealed that the industry is emitting Benzene and its associated compounds such as Benzo (a) Pyrene (BaP) together with heavy metal such as Arsenic (As) and Nickel (N) within the permissible limits inside and the outside the premises of the unit.”

13. Learned counsel for respondent 1 stated that now steps have been taken to meet the parameters prescribed. With regard to past violations, it  is  said  that  respondent  1  will  follow  orders  passed  by  authorities concerned in accordance with law.

14. In  view  thereof,  we  direct  respondent  3  to  complete  process  of imposition of environmental compensation for past violation within two months  after  giving  opportunity  of  hearing  to  respondent  1  and  in accordance with law.

15. The compensation if any realized by respondent 3 shall be utilized for  remediation/restoration/rejuvenation  of  damage  already  caused  to environment in accordance with environmental restoration plan, proposed by a Joint Committee comprising District Magistrate, HSPCB and CPCB who shall be prepare it within two months after deposit of environmental compensation and it shall be utilized within three months thereafter in the same area and compliance report shall be submitted within 15 days after expiry of the above period of five months.

16. With above directions/observations, this Original Application is disposed of.