1. The issue for consideration is the remedial action to be taken for the damage to the environment caused by M/s. Jubilant Organic Limited, Nimbut-Nira, District Pune, Maharashtra in the course of its distillery unit's activity and financial liability of the unit for compensation on 'Polluter Pays' principle for the damage caused to the environment and other individual victims.
2. Vide judgment of this Tribunal dated 16.05.2014, it was held that the unit had caused damage to the environment, including contamination of the river and was liable to take remedial measures and to pay compensation.
3. In execution proceedings, further orders were passed for restoring the environment and also for assessing compensation for the damage to the environment already caused. Vide order dated 20.2.2019 an Expert Committee was constituted. The said Committee, vide its report dated 13.12.2019, assessed compensation of Rs. 5,47,50,000/-. The Committee also suggested measures required to be taken by the unit for compliance of the environmental norms. Objections of the industrial unit against the said report were rejected vide detailed order dated 04.02.2020. It was held:-
"23. On due consideration, we find merit in the submissions of the applicants. Before taking up the current reports, we may note that earlier a report was filed by the CPCB on behalf of the Monitoring Committee comprising CPCB, MoEF&CC and IIT, Mumbai to the effect that NEERI and CGWB had prepared a restoration plan for contamination but the industry submitted proposal for alternative approach and obtained feedback from IIT, Delhi. The Tribunal vide order dated 10.08.2017 directed the industry to adhere to the action plan which was to be monitored by the MPCB. The action plan prepared by CGWB, NEERI and IIT, Delhi inter-alia, stipulated:
"Excavation of the contaminated soil from the lagoon and its safe containment in a site with proper bottom lining. Adequate lining was recommended to prevent further contamination and pollution of natural resources. This was to be completed as early as possible.
Parallel experimentation on use of this material for composting with press mud was also recommended. If found to be environmentally safe, after composting with press mud the contaminated soil from the lagoon can be used for soil amendment.
Containment of polluted water from the aquifer through construction of leachate wells and dug wells. The contaminated water pumped out from the aquifer should be treated by a system comprising of reverse osmosis (RO), multiple effect evaporator (MEE) and salt disposal mechanism. Preferably, alternative treatment methods, such as, Advanced Oxidation Processes (AOP) can be used to facilitate safe use of the treated water for agriculture or watering.
Meanwhile, various properties of the aquifer (including its volume) should be estimated. The pump and treat capacities and time frame for groundwater remediation should be firmed up on this basis. Rain water harvesting structure can be taken up in view of the report given.
Design and construction of Sewage Treatment plant for the village should be taken up independently as early as possible.
Continuous monitoring of piezometric head with a network of piezowells was also suggested as a part of the monitoring and remediation plan."
24. It was in the light of above that vide order dated 20.02.2019, the Tribunal directed the Monitoring Committee of MoEF&CC, CPCB and IIT Mumbai to oversee the compliance by the unit. The Monitoring Committee carried out inspection of the project site and surrounding villages including the process area, ETP area, lagoon area, contaminated site (22 acres and 8 acres) and compost yard. Samples were collected from Chemical Effluent Treatment Plant, Distillery Effluent Treatment Plant, surface water, groundwater and soil within the premises of JLS and also from the surrounding area within a radius of 2 km around JLS. Several of the sampling points chosen were same as those for which water quality and soil quality data was previously assessed by the Committee constituted by Dist. Collector, Pune. The surface water (09 locations), groundwater (09 locations) and waste water (05 locations) samples from different phases of treatment system provided by JLS were collected, preserved and sealed by the team from CPCB in presence of Monitoring Committee. The analysis of all water/waste water samples collected was carried out at the laboratory of CPCB, Regional Directorate (W), Vadodara. It was on that basis that report dated 01.07.2019 was furnished which was reiterated vide further report dated 23.10.2019 after duly considering the objections of the unit. Further, report dated 13.12.2019 jointly submitted by CPCB and MPCB confirmed the non-compliances. Report dated 11.12.2019 by the MPCB is also to the same effect for which closure notice has been issued. Thus, the plea of the unit, as put forth in its response dated 25.01.2020, that the unit is compliant and reports dated 01.07.2019, 23.10.2019, 11.12.2019 and 13.12.2019 referred to above were not correct, cannot be accepted. The plea that the non-compliances are of category 'B' and not category 'A' and there is no violation of consent conditions is untenable in view of findings in various reports already quoted above. Further objection that the Committee should have focused only on legacy issue and not on current violations can also not be accepted in view of orders of this Tribunal noted above. The stand of the industry that the RO reject water could be used for quenching of coal fire and ash moistening instead of use of fresh water can also not be accepted having regard to the adverse impact of such use on soil and air. There is set protocol for RO reject water through Multi-effect Evaporator (MEE). There is no direction by the Committee for use of fresh water as wrongly assumed in the plea of the industry. The process needs to be undertaken after adopting necessary safeguards for leachate management which has not been done. Procedural infirmity in taking sample in the circumstances has not caused any prejudice so as to ignore serious violations and damage to the environment.
Thus, the industry has to be held to be non-compliant and liable to pay compensation already assessed by the Committee on sound principles. Apart from payment of compensation for the damage in the past, the unit needs to take steps for remediation. The steps be taken accordingly within three months and if non-compliance continues, closure may be the only option. Compensation already calculated may be deposited with the CPCB within one month.
The Joint Committee constituted in terms of order dated 20.02.2019 may give report about further liability after the period already taken into account.
CPCB and MPCB may inspect the status of compliance as on 30.04.2020 with reference to the deficiencies noticed in various reports including the notice issued by the MPCB and furnish a report to this Tribunal by 15.05.2020 by e-mail at judicial-ngt@gov.in."
4. The matter was last considered on 28.07.2020 in the light of status report dated 21.05.2020 filed by the CPCP as follows:-
"The Committee has calculated an additional amount of Rs. 79,20,000 (Rupees Seventy Nine Lakh and Twenty Thousand only) as further liability up to the period of the previous order, 04.02.2020 in terms of environmental compensation to be deposited by M/s. Jubilant Life Sciences Ltd. Nira, Dist. Pune, Maharashtra. The Committee had further decided that since the Committee of CPCB and MPCB has to carry out a compliance verification as on 30.04.2020 and submit its report as per the said order of the Tribunal, further liability based on the compliance status of the unit shall be calculated and submitted along with the compliance report to be submitted.
STATUS OF COMPLIANCE VERIFICATION:
Due to the outbreak of COVID-19 pandemic in the country and the restrictions imposed on travel and non essential activities, the said joint monitoring of CPB and MPCB could not be carried out till date. Under these circumstances it is assured that the required joint monitoring shall be carried out at the earliest, once state of normalcy returns in the country and especially in Maharashtra and the compliance status report shall be submitted before this Tribunal. It is requested that a time period of at least 45 days from the date of resumption of normal activities & lifting of travel restrictions may be allowed for the submission of the compliance report. Further the industry, M/s. Jubilant Life Sciences Ltd. Nira, Dist. Pune, Maharashtra is yet to deposit the environmental compensation, as directed by the Hon'ble Tribunal vide order dated 04.02.2020 and as informed has filed an application/appeal before the Hon'ble Tribunal in this regard; however CPCB has not received any formal communication in the matter."
5. The Tribunal observed as follows:
"4. In view of the above, we grant time sought by the CPCB and accept the assessment of additional compensation as further liability. It will be open to the State PCB/CPCB to recover the assessed compensation by using coercive measures, including closure and also to take steps for ensuring compliance of environmental norms. The recovered compensation may be spent for restoration of the environment by preparing an action plan by a joint Committee of CPCB, MPCB and the area District Magistrate, with nodal agency being the State PCB. The plan be got executed either in such manner and through such agency as found appropriate by the said Committee. The plan be for work other than the work which is to be executed by the industrial unit itself.
Further status report in the matter as on 31.10.2020 be filed before the next date 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."
6. Accordingly, further report has been filed by the CPCB on behalf of the joint Committee with the following observations and conclusions:
"Observations:
Old ETP:
• The ETP was operational during visit and was receiving wastewater from acetic anhydride plant at the inlet and blow down from cooling towers in Aeration Tank-II.
• As per records from Nov-19 to Oct-20, on an average the Old ETP received and treated 79.6 CMD wastewater from the Acetic Anhydride plant against the capacity of 406 CMD. The average quantity of wastewater received was only 19.6% of the capacity of Old ETP. Furthermore, 58.8 CMD (i.e. about 74% of wastewater received) of the Cooling Tower Blow down (CTBD) is added in the Aerobic reactor-II of the 'Old ETP'. The treated wastewater from the Old ETP is mixed with wastewater from Secondary Clarifier-B of 'New ETP' and passed through tertiary treatment.
• The analysis of the grab sample collected from inlet of Old ETP reveals that the inlet concentration of COD & BOD is high as compared to the design norms. However, it was informed that the as ETP is operated at very low hydraulic capacity it increases the retention time for treatment and hence able to treat the wastewater.
• The ratio of MLVSS/MLSS at OLD ETP also found less as compared to the theoretical recommended value (0.7 to 0.8) for secondary treatment system. However, decrease in concentration of measured parameters found at the final outlet of old ETP may be attributed due to less hydraulic load, more retention time and dilution from addition of cooling tower blow down. The treated wastewater from old ETP is further transferred for tertiary treatment at New ETP.
New ETP:
• The New ETP was operational during visit and received wastewater from Ethyl Acetate plant. As per the records, during Nov-19 to Oct-20 the New ETP received on an average 276 CMD wastewater from the Ethyl Acetate plant against its capacity of 500 CMD, i.e. 55.2% of its capacity.
• The treated wastewater from Old ETP is mixed with wastewater from New ETP after Clarifier-B (after Secondary Treatment). The mixed wastewater is passed through tertiary treatment and collected in final treated tank.
• The ratio of MLVSS/MLSS at New ETP also found less as compared to the theoretical recommended value (0.7 to 0.8) for secondary treatment system. However, overall reduction more than 99% was found in the concentration of COD, BOD after tertiary treatment (final outlet from New ETP) as compared to the inlet.
• Part of Treated water from New ETP was earlier reportedly used for irrigation. However now the entire quantity of treated water from New ETP is further subjected to CETP-CTBD Reverse Osmosis plant.
Chemical ETP Sludge Management:
• The JLS has provided decanters for dewatering of sludge generated from old and new ETP. During visit, the decanter was operational. ETP sludge is used in composting. ETP sludge is categorized under Hazardous Waste as per Schedule I (35.3) of Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016. However as per CCA, the JLS is permitted to dispose ETP sludge by the way of bio-composting. Proper records for usage of ETP sludge in Bio-composting yard were not maintained.
RO (CETP+CTBD):
• The RO(CETP+CTBD) was operational during visit. As informed during visit, it receives final treated wastewater from 'New ETP', Cooling Tower Blow Down from Acetic Anhydride plant and recycled reject of Spiral RO at inlet. As per the information provided by the JLS, the RO received 420 CMD wastewater as feed during Nov-19 and Oct-20, out of which about 21 CMD (i.e. 5%) was Cooling Tower Blow Down.
• The RO generates 325 CMD quantity of permeate from 420 CMD feed (i.e. 77.3%). Permeate generated from the RO is subjected to polishing RO (Spiral RO) and transferred to common Raw Water storage tank of the JLS and further reused in the process.
5. COMPLIANCE MONITORING OF THE SPENT WASH MANAGEMENT AND BIO-COMPOST YARD AT M/S JUBILANT LIFE SCIENCES
The spent wash after bio-methanation is fed to Spent Wash RO plant (after parallel plate separator) and reject of the RO is fed to Distillery MEE. The basic characteristics of the spent wash have already been determined by the previous Monitoring committee report. As per the report, the raw spent wash was acidic (pH=3.89) and with very high concentration of COD (1,15,730 mg/l), while the bio-methanated spent wash had basic pH (7.53) and reduced but high concentration of COD (32,163 mg/l).
The Distillery along with the MEE was operational during visit. However, the Spent Wash RO was non-operational during visit due to periodic cleaning. The RO permeate and the MEE condensates are re-used in the process. A sample of MEE condensate was collected for analysis.
Samples of ground water were collected from the same 04 nos. locations of the Biocompost Yard, as done in the previous committee report. The specific observations based on the spent wash management during visit, analysis of samples collected and information received from the JLS about ZLD scheme are as follows:
Distillery MEE and Spent Wash RO
• During visit, distillery plant was operational, as informed and records of production submitted the distillery was operated at low capacity from Nov'19 to Oct'20 (average 35.2 KLD) to utilize the stored MEE concentrate, spent wash RO Reject stored in the storage lagoons by the way of composting.
• JLS has provided three lined lagoons for storing the spent wash at various concentration stages (capacity: 45,000 KL, 65,000 KL and 25,000 KL). The storage capacity exceeds the permitted storage capacity of 30 days as per CCA. During visit, the industry informed that the wastewater/effluent from the 02 lagoons (capacity 45,000 KL and 65,000 KL) for spent wash RO reject were emptied in May 2020 and inlet/outlet pipeline were isolated. Removal of bottom sludge was not yet started and reportedly was kept for drying inside the lagoons. However, due to heavy rainfall in the area, rainwater mixed with the bottom sludge accumulated in the lagoon. During visit lagoons were observed partially filled. The estimated stored quantity of contaminated rainwater and sludge in the lagoons as informed by the industry is mentioned below:
JLS need to treat the present accumulation and empty the lagoons for dismantling. JLS need to identify one such lagoon with restricted capacity as per CCA and submit action plan for dismantling remaining lagoons to MPCB.
• During visit, distillery RO was non-operational due to periodic cleaning. As per the data submitted by JLS, the daily average RO feed between Nov-19 and Oct-20 is 275 CMD, permeate generated for recycling is 146 CMD and reject is 84.85 CMD. The reject generated from Distillery RO is concentrated in Distillery MEE.
• The distillery MEE was operational during visit. As per the data submitted by the JLS, the daily average feed between Nov-19 and Oct-20 to MEE is 263.36 CMD, average MEE concentrate generation is 169.24 CMD and condensate generation is 85.32 CMD. The condensate of the MEE is reused in the cooling tower of MEE while the concentrate spent wash is used in bio-composting.
• Grab sample of MEE condensate was collected during visit. The analysis result is mentioned below:
It is worth to mention here that specific conditions for the use of condensate are not prescribed in the CCA. However, use of condensate directly in cooling towers having high concentration of measured parameters COD, BOD, ammonia, phenol etc. may not be appropriate. Therefore, condensate may need to be treated before use.
Bio-compost Yard
• JLS has provided total 22 acres area for composting and other related activities. During visit, bio-composting was under operation. The shaded area presently considered for composting by JLS is 12.5 acres and MPCB has amended the CCA for operation of 100 KLD distillery in 12.5 acres of biocompost yard.
• As per the previous committee report, the area reported for bio-compost yard is less considering the quantum of spent wash mentioned in the CCA (1270 KLD Spent wash generation i.e. 12.7 KL/KL of production). However, the industry has submitted a calculation justifying the area provided considering the present actual generation of the spent wash (1050 KLD spent wash generation i.e. 10.5 KL/KL of production). As per records of production and spent wash generation, the industry is generating the spent wash at the ratio of 10.38 KL/KL of production. Amendment in the quantity of spent wash generation may also require in the CCA to consider the area of 12.5 acres for composting.
• It was observed that huge stockpile of final compost were stored on platform in the open area for sun-drying. Leachate was also observed from the stored final compost. This may be due to recent rain and excess spraying of concentrate spent wash after completion of compost cycle which has resulted in poor housekeeping in the biocompost area. JLS need to provide proper covered shed to store the final compost. It was informed that the remaining area of 5 acres of sheded area will be use for final compost storage in future.
• Spillage in the composting area was observed during visit. It seems that JLS is using more quantity of concentrate for composting. As submitted by JLS, ratio of utilization of MEE concentrate is 1.6 m3 per MT of Pressmud. However, as per records of actual utilization average ratio of MEE concentrate to Pressmud is found to be 2.3 m3 per MT. Excess spraying of concentrate may increase the organic content and may also require more days for proper composting. Hence, spillages of MEE concentrate across the bio-compost yard outside the shed may be corroborated to the overuse of MEE concentrate.
• In order to analyse the status of groundwater in the Biocompost Yard, the committee carried out sampling of ground water from dugwell and piezowells in the Bio-compost Yard in reference to the previous committee reports. The analysis results are:
• Comparison of present analysis results of groundwater samples collected from Piezowell No. 08 from the Bio-compost Yard to results reported in previous committee visits it is observed that except pH and TSS concentration of all measured parameters shows increasing trend. This may be because of the location of piezowell 08 is on the unlined ground and further downstream of the compost plant, spillages from the lined portion of the compost yard may find its way in the unlined portion and gets percolated and has resulted in higher concentration.
• The remaining locations also show variation in concentration of major parameters such as BOD, COD, NH3-N, Colour etc. However, overall increasing trend in all the locations was observed. JLS need to take immediate steps to provide proper lining of the entire area, improve housekeeping and proper check for the usage of concentrate spent wash for composting.
6. OBSERVATIONS WITH RESPECT TO DETAILED ACTION PLAN SUBMITTED BY THE JLS
The JLS has submitted Detailed Action Plan titled "Remediation of Ground Water Aquifer at M/s. Jubilant Life Sciences Ltd., Nira, Maharashtra" to Hon'ble NGT in 2017 for taking measures against the stored sludge on 22 acre and 8 acre site and ground water pollution occurred due to leachate generated from these sites. JLS has carried out various study and submitted reports to Hon'ble NGT. The committee inspected the contaminated site, collected data regarding sludge removal and carried out monitoring of the treatment units for groundwater and sewage. The observations and analysis results are mentioned below:
Utilization of excavated material as soil amendment in agriculture:
The committee visited the contaminated 22 acre and 8 acre site, it was informed and observed that almost all area were excavated and the sludge reportedly disposed through three ways:
• Selling to Farmers for soil amendment in their fields as per the report of CSIR-NEERI.
• Selling to Brick Kilns for bricks manufacture.
• Utilizing the old sludge with pressmud for bio-composting.
As per the records submitted by JLS total 71,893 MT of old sludge has been disposed from start of Nov-19 to end of Oct-20, the details of excavated sludge disposal are depicted below:
JLS has carried out study for the various options for the utilization of excavated sludge by CSIR-NEERI. As per the records, during Nov-19 to Oct-20, the average quantity of excavated sludge provided to each farmer per area of land is 16.00 MT/acre. JLS may submit a report on field scale application of excavated sludge as soil conditioner on change in soil and ground water quality as recommended in the CSIR-NEERI Report.
During visit the sludge from 22 acres and 8 acres area was found excavated and portion of empty area found filled with coloured water as informed due to heavy rain.
Provision for Sewage Treatment Plant (STP) to treat sewage from Nira village:
JLS has commissioned the 600 KLD STP for treating sewage from village Nira passing through underground sewer line across the JLS. The estimated quantity of sewage from the Nira-Nimbut village was 1200 KLD as per the detail action plan. Part of sewage is pumped from sewer pipeline to the STP. The treated water from the STP is discharged back into the outfall of same sewer pipeline which meets into the Buasaheb Nalla and with River Nira in further downstream.
The treatment units of the STP are depicted below:
Samples from inlet and outlet of the STP were collected and analysed for various parameters. The analysis results are shown below:
The analysis result shows that the STP presently is not performing as per the design criteria as very less reduction in the concentration of monitored parameters from inlet and outlet was observed. JLS need to take steps for proper treatment of sewage and should explore the possibility for the reuse of treated sewage.
Pump and treat system for ground water from contaminated aquifer:
The ground water in the aquifer below the 22 acre site and 8 acres is contaminated as per the various committee reports. As per detail action plan, JLS has conducted detailed hydrogeology study and provide a pump and treat system. The flow diagram of the treatment system is shown below:
The Dugwell RO consists of two stages: Brackish RO followed by Spiral RO. The mixed feed is directly fed to the Brackish RO. The reject from the Brackish RO is sent to MEE-ATFD for further solid/salt separation through evaporation. Permeate from the Brackish RO is fed to Spiral RO or Polishing RO. Permeate from the spiral/polishing RO is transferred to the common Raw Water storage Tank, while the reject is again recycled back in the process by mixing with mixed feed inlet.
During visit, the MEE-ATFD was operational. The MEE-ATFD plant provided for the reject of Brackish RO is depicted in the figure below:
The MEE condensate is transferred to the common Raw Water storage Tank while the concentrate is fed to Agitated Thin Film Dryer (ATFD). The salt generated from theFD is disposed to CHWTSDF site MEPL Ranjangaon.
The joint committee has collected following grab samples of wastewater:
• Groundwater from dugwell from 22 acre site
• Mixed feed to Dugwell RO
• Permeate from Dugwell RO
• Condensate from MEE
The analysis results are mentioned in the table below:
Online system to monitor the performance of RO is provided by JLS. The analysis results of feed and permeate samples reveals that the RO Plant is performing within the boundaries of design conditions. As per the records, the operation of Dugwell RO was started in Dec-19. 55,325 m3 groundwater from Dugwell in 22 acre site is treated in the above system till Oct'20. Permeate from RO Plant and condensate from MEE is mixed in the raw water (freshwater) storage tank. As informed, 39,033 m3 of freshwater is used to recharge dug well in said period. JLS has disposed 161.32 MT of Salt generated from ATFD to CHWTSDF and submitted records for the same.
7. COMPLIANCE STATUS OF DIRECTIONS ISSUED BY MPCB
• MPCB issued proposed direction dated 09.12.2019 to JLS, point wise compliance status of the directions issued are given in table below:
• MPCB has issued directions dated 07.12.2020 under Section 33 A of the Water (Prevention & Control of Pollution) Act, 1974 and Section 31A of the Air (Prevention & Control of Pollution) Act, 1981 to JLS to deposit the compensation of Rs. 5,47,50,000/- and Rs. 79,20,000/- within 07 days. In compliance of direction, JLS has submitted DD of Rs. 20,00,000/- only to MPCB along with letter dated 11.12.2020. Copy of letter is enclosed as Annexure II.
8. CONCLUSION
Hon'ble NGT constituted a joint committee comprising of officials from CPCB and MPCB to inspect the status of compliance as on 31.10.2020 for the various deficiencies noticed in various reports including the notice issued by MPCB. In addition, a joint committee was constituted to prepare an action plan for the restoration of environment. The joint committee visited the industry M/s. Jubilant Life Science Ltd. (JLS) on 02.11.2020.
During the site visit, the joint committee collected grab samples of wastewater from both the ETPs provided for wastewater generated from Chemical manufacturing section, MEE condensate provided for biomethanted spent wash from distillery section, dugwell RO, STP, ground water from bio-compost yard etc. Based on the physical observations and discussions during the visit, records submitted by JLS and MPCB, monitoring results of samples and ZLD approach provided by JLS, the joint committee arrived at the following conclusions.
It was found that the Old ETP (presently used for treating wastewater from Acetic Anhydride Section) and operated at about 20% of hydraulic design capacity has shown drastic reduction in all measured parameters from inlet to outlet in spite of high concentration of organic at the inlet and low ratio of MLVSS to MLSS in the aeration tank. Therefore, reduction may be attributed to dilution by means of addition of cooling tower blow down in the aeration tank. The concentration of COD and BOD in the final outlet of old ETP was found 122 and 16.4 mg/l respectively. Treated wastewater from old ETP is fed for further tertiary treatment in New ETP.
The New ETP is presently used for treating wastewater from ethyl acetate section. The concentration of COD and BOD in the final outlet was found 40 and 6.3 mg/l respectively. Earlier JLS was using part of treated water for irrigation purpose. Now treated wastewater from both Old and New ETP is now taken for CETP-CTBD RO. Permeate from the CETP-CTBD RO is mixed with the raw water (fresh water from River Nira) storage tank. Reject from the CETP-CTBD RO is now transferred to the feed of Dugwell RO. Sludge generated from both the ETPs are dewatered and disposed as per CCA by the way of bio-composting.
During visit Distillery section and spent wash MEE was operational. It was informed that the condensate generated from MEE is used in the cooling tower and concentrate is used in bio-composting for spraying on press-mud. The area presently considered for composting by JLS is 12.5 acres and MPCB has amended the CCA for the same. The industry has submitted calculation for the area required for bio-composting considering spent wash generation ratio of 10.5 (KL/KL of production) which is lesser than generation ratio of 12.7 (KL/KL of production) as per CCA. As per records of production and spent wash generation, the industry is generating the spent wash at the ratio of 10.38 KL/KL of production. Amendment in the quantity of spent wash generation may also require in the CCA to consider the shaded area of 12.5 acres for composting. During visit the final compost was found stored on the compost yard without covered shed. JLS informed that out of total 17.5 acres covered shed the remaining of 5 acres covered shed will be provided for final compost storage in future.
During visit, poor housekeeping in view of spillage in the biocompost area was observed. In the compost yard within JLS premises, increase in concentration of major parameters of groundwater was observed compared with the previous monitoring results at all 04 locations. JLS need to take immediate steps to provide proper lining of the entire area, improve housekeeping and proper check on the usage of concentrate spent wash for composting.
JLS has provided three lined lagoons for storing the spent wash at various concentration stages. The storage capacity exceeds the permitted storage capacity of 30 days as per CCA. During visit, the industry informed that the wastewater/effluent from the 02 lagoons for spent wash RO reject were emptied in May 2020 and inlet/outlet pipeline were isolated. During visit lagoons were observed partially filled. It was informed that removal of bottom sludge was not yet started and reportedly was kept for drying inside the lagoons. However, due to heavy rainfall in the area, rainwater mixed with the bottom sludge was accumulated in the lagoons. JLS need to treat the present accumulation and empty the lagoons for dismantling. JLS need to identify one lagoon with restricted capacity as per CCA and submit action plan for dismantling remaining lagoons to MPCB.
JLS now excavated and disposed sludge from 22 acres and 8 acres contaminated site. The excavated sludge was disposed by three means viz. as soil amendment, in brick klins and as filler material for bio-composting. JLS may submit a report on field scale application of excavated sludge as soil conditioner on change in soil and ground water quality as recommended in the CSIR-NEERI Report.
JLS has now provided pump and treat system for dugwell RO followed by MEE and ATFD. The system provided was found operational. JLS has started recharging dugwell at 22 acres site with freshwater. JLS has also provided STP for treatment of sewage from Nira-Nimbut Village. STP is presently not performing as per design criteria. JLS need to take measures for proper treatment and usage of treated sewage.
After intervention of Hon'ble NGT and work carried out as per detailed action plan 1LS has shown improvement in view of providing facilities for wastewater management. However, JLS need to provide more focus on proper operation and management of biocompost yard as increase in concentration of measured parameters in the ground water samples of biocompost yard compare to earlier reports were observed. JLS also need to regularly operate and monitor the performance of all treatment systems and further required to carry out work as mentioned in the report.
In compliance of submission of Environmental compensation, MPCB has issued direction to JLS dated 07.12.2020 and JLS has submitted only Rs. 20,00,000 vide letter dated 11.12.2020 against the Environmental compensation of Rs. 6,26,70,000 as directed by Hon'ble NGT to MPCB. JLS need to submit the remaining amount to MPCB so that the action plan prepared by the joint committee may be executed."
7. From the above, it is seen that violation of environmental norms is still continuing. The unit has been found to be a chronic defaulter and inspite of heinous violations being continuing as found by various orders in the last seven years, the State PCB has failed to perform its responsibility of taking stringent measures for compliance, including collection of assessed compensation. We are unable to discern any valid reason for such attitude of the State PCB against chronic law violator damaging the environment. It is a matter of regret that the unit is indulging in such tactics as dilution to avoid to mislead the real picture of performance of its ETP. Such behaviour of a corporate entity shows that its management has scant respect for law. We do not understand why provisions for prosecution are not being invoked against such chronic law violator. We direct the Chairman of the State PCB to personally ensure compliance of law, taking such stern measures as may be found necessary, having regard to serious continuing violations in the last more than seven years. The State PCB may not hesitate in initiating prosecution or closure if defaults are not remedied or compensation not paid. Apart from compensation assessed earlier, compensation be also assessed for further default period till complete remediation takes place. As already directed, vide order dated 28.07.2020 (quoted at para 5 above), the recovered compensation be spent for restoration of the environment as per action plan prepared by the joint Committee of CPCB, State PCB and the District Magistrate. The joint Committee may conduct further inspection after three months and file further status report with the Chairman, CPCB, for such further action as may be necessary, in accordance with law.
8. I.A. No. 12/2021 has been filed for changing the name of the company to Jubilant Ingrevia Limited due to demerger of the company into a new company vide order dated 06.01.2021 passed by the Allahabad Bench of the National Company Law Tribunal. We formally take the change on record without prejudice to the criminal liability of the company and its directors for the past violations. I.A. stands disposed of accordingly.
The Application is disposed of in above terms.
A copy of this order be forwarded to Chairman, CPCB, Chairman, MPCB and District Magistrate by e-mail for compliance.
