The NGT disposed of an application alleging illegal operation of a bio-medical waste plant without environmental clearance. Relying on a joint committee report and the applicant's lack of written objection, the Tribunal found no substantial violation and closed the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. 2
Item No. 04
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
Original Application No. 720/2022 (With report dated 31.01.2023)
Neera Rani Bharti Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 22.02.2023
CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Appellant: Mr. Gaurav Kumar Bansal, Advocate Respondent(s): Mr. Pradeep Misra & Mr. Daleep Dhyani, Advocates for UPPCB
ORDER
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and is operating the plant illegally. Our attention has been drawn to a letter dated 13.06.2018 issued by the State PCB declining to grant Consent to Operate on the ground that no EC has been obtained but still the plant is operating currently also.
“3……In compliance of above order, District Magistrate formed a joint committee vide order no. 720/2022/2023 dated 09-01-2023 comprising of City Magistrate Bareilly, CMO Bareilly and Regional Officer U.P. Pollution Control Board Bareilly, inspection of the concern CBWTF conducted by the joint Committee on dated 23012023 point wise inspection report is as under-
1. CBWTF has installed autoclave, Shredder and Double Chamber incinerator of Capacity 100 Kg/Hr. during inspection double chamber incinerator found operative with PNG as fuel in incinerator.
2. Unit has installed 10 KLD Effluent Treatment Plant for the treatment of effluent generated from floor washing, vehicle washing and venturi Scrubber unit of APCS. The ETP has following unit namely- Oil& Grease trap, Equalization Tank, Chemical Dosing Tank, Reaction tank, Tube settler, Collection Tank, Dual Media Filter, activated Corban Filter, Clear Water Tank and Sludge Drying Beds. Flow meter on inlet and outlet of ETP installed. Energy meter is also installed to measure electricity consumed for operation of ETP. Domestic Sewage is disposed through Septic Tank. Unit has installed Air Pollution Control System which has Venturi Scrubber, Droplet Separator, Mist Eliminator, along with 30-meter-high Chimney from ground level. Unit uses PNG as fuel in incinerator.
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3. At the time of inspection, the temperature of the primary chamber of the incinerator was displayed at 830°C and of the secondary chamber at 1028°C on the panel board of the online emission monitoring system installed in the unit. At the time of joint inspection Stack Emission monitoring was conducted. As per stack monitoring report dated 24-01-2023 concentration SPM found 43.63 mg/NM3 which is within the standards specified by the Board. Stack Monitoring Report is attached. (Annexure-8) and the sample of treated effluent was collected and analyzed by the board. As per analysis report dated 27-01-2023 BOD-16.0 mg/L, COD-64.0 mg/L, TSS-68.0 mg/L, TDS-1420.0 mg/L, and pH-7.3 found as per norms prescribed by the Board (Annexure-9). The unit has obtained CTO Water vide online reference no.139387/UPPCB/Bareilly(UPPCBRO)/CTO/Water/Bareilly/ 2021 dated 22.12.2021, valid up to 31.12.2025., CTO Air vide online reference no.139385/UPPCB/Bareilly (UPPCBRO)/CTO/ Air/Bareilly/2021 dated 22.12.2021, valid up to 31.12.2025, Hazardous Waste Authorization from Board vide online reference no. 13598/UPPCB/Bareilly (UPPCBRO) HWM/Bareilly/2021 dated 16.05.2021, valid up to 15.05.2026, Bio-Medical Waste Authorization from Board, vide online Reg. No. 13770167 dated 28.12.2021, valid up to 31.12.2025 and permission for extraction of Ground water from District Ground Water Authority vide reg. No. 202108000848 dated 27.08.2021 (Annexure-10). Points wise status report of CBWTF and compliance report of BMW authorization and Consent Water/Air submitted by the CBWTF on dated 02-01-2023 to the Board are annexed as (Annexure-11).
4. CBWTF unit has obtained membership from M/s Bharat Oil and Waste Management Ltd., Kanpur Dehat for safe disposal of hazardous waste generated (Annexure-12). A separate room is built in the unit for temporary and safe storage of hazardous waste. At the time of inspection, incineration ashes were found collected in two PVC bags in room. Sharp encapsulation pit has been constructed for the disposal of Waste Sharp, for which marking has been done in the unit.
5. CBWTF unit has 05 nos. GPS fitted vehicles for collection of Bio-Medical Waste generated from member HCF. The unit has 01 no. of autoclave having capacity of 50 kg/cycle and 01 no. shredder of 100 kg/hr. capacity already installed. Separate
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power meters have installed for measurement of power consumption in shredder and autoclave. A contract has been signed with M/s Sagar Trading Company, Kanpur for disposal of shredder plastic waste in the unit.”
Sudhir Agarwal, JM
Dr. A. Senthil Vel, EM
Dr. Afroz Ahmad, EM
February 22, 2023 Original Application No. 720/2022 SN
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Neera Rani Bharti
Union of India
Sudhir Agarwal
A. Senthil Vel
Afroz Ahmad
As recorded by the court registry
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