Sterlite Industries (I) Ltd. Etc. Etc. Vs. Union of India & Ors. Etc. Etc.
EmailEnvironmental pollution – High Court’s direction for closure of petitioner’s industrial unit – Interim stay granted by Supreme Court from time to time – Supreme Court directed NEERI to make a pollution and environmental impact assessment – Report submitted – State Government and State Pollution Control Board asked to submit their comments/suggestions – Same submitted – Direction to Board to file a synopsis specifying the deficiencies with reference to NEERI report and suggest control measures – A chart of deficiencies and measures to be implemented by the petitioners-industry submitted. Direction given to Board to issue directions in exercise of its powers under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974, to the petitioners-industry to carry out the measures and remove deficiencies. Matter to be listed in the first week of January, 2012. Interim stay to continue till then.
1. We have heard Mr. C.A. Sundram, learned counsel for the petitioners, Mr. Vaiko in-person for respondent no.1, Mr. V. Prakash, learned counsel for the respondent no.2, Mr. Guru Krishna Kumar, learned Additional A.G. for the Government of Tamil Nadu, Mr. Subramanium Prasad, learned counsel for the Tamil Nadu Pollution Control Board, and Mr. Vijay Panjwani, learned counsel for the Central Pollution Control Board.
2. The High Court has by the impugned judgment inter alia directed that the industrial unit of the petitioner be close down immediately because of the environmental pollution caused by the industrial unit. On 01.10.2010, this Court directed that the matter be listed on 18.10.2010 and stayed the impugned judgment of the High Court till then. On 18.10.2010, the Court issued notice and continued the interim stay. The Court has continued the interim stay from time to time.
3. When the matter was taken up on 25.02.2011, the Court after hearing learned counsel for the parties was of the view that an independent assessment of the present situation and condition of the industrial unit of the petitioners, and its effect with reference to environmental pollution by National Environmental Engineering Research Institute (NEERI), after a joint inspection with the officials of Central Pollution Control Board, Tamil Nadu Pollution Control Board and the PIL petitioners before the High Court, will help the Court to arrive at a decision and accordingly directed NEERI to make a pollution and environmental impact assessment and submit its report. Accordingly, NEERI carried out the inspection during 6th to 8th April, 2011 and 19th to 22nd April, 2011 and submitted its report.
4. On 18.07.2011, the Court directed the Tamil Nadu Government as also the Tamil Nadu Pollution Control Board to submit their comments/suggestions with reference to the NEERI report so that the Court can have a clear view about the existing position. On 25.08.2011, the Court after perusing the Status Report of the Tamil Nadu Pollution Control Board directed the Tamil Nadu Pollution Control Board to file a synopsis specifying the deficiencies with reference to the NEERI report and suggest control measures that should be taken by the petitioners so that the Court can consider the direction to be issued for remedial measures which can be monitored by the Tamil Nadu Pollution Control Board.
5. The Tamil Nadu Pollution Control Board has filed along with an affidavit dated 30.08.2011, a Chart of deficiencies and measures to be implemented by the petitioners-industry which is to the following effect:
‘Sl.No Deficiency
Measures Suggested
I To improve the (1) Hoods with extraction system
emission are to be installed for
control collection of fugitive emission
efficiency in at (i) smelter lance, (ii)
the process smelter feed port, (iii) rotary
section holding furnace-slag
granulation & (iv) matte
tapping and to be connected
to the control measures. In
view of the above additional
emission load, the emission
control measures of
scrubbing system has to be
enhanced.
(2) One bag house at smelter is
to be installed prior to
scrubber, to control dust
emission.
(3) One bag house at converter is
to be installed prior to
scrubber, to control dust
emission.
(4) Regulative measure for
periodical soot blowing
operation in waste heat
recovery boiler is to be
implemented to prevent
sudden emission load of soot
particulates.
II To improve (1) Ducts to collect all the fugitive
fugitive emission and control measure
emission of flue gas desulphurization
control system consisting of bag filter
and 2 stage lime scrubber are
to be provided, as per the
engineering study carried out.
(2) Gypsum conveyor belt is to be
made fully closed so as to
prevent fugitive emissions.
(3) The unpaved roads within the
industry premises should be
pave to control the dust due
to movement of vehicles.
(4) The frequency of water
sprinkling on roads is to be
increased to 4 times per shift
to reduce the re-suspended
dust particles due to
movement of vehicles.
(5) Permanent water sprinklers
are to be provided at gypsum
pond area and rock phosphate area.
III To improve (1) The chemical treatment
effluent comprising coagulation-
treatment flocculation and settling is
operation to be operated effectively to
optimize the treatment
efficiency so as to improve
the performance of fluoride
remove.
(2) The existing reverse
osmosis plant is to be
operated to the maximum
capacity of 1,600 kiloliters
per day and maintained so
as to recover, recycle and
reuse the permeate.
(3) Iron removal plant as a
pretreatment facility to
reverse osmosis system is
to be installed for
sustaining the membrane
life and achieving optimum
membrane performance.
IV To improve (1) The evaporation system along
disposal of with drying facility must be
rejects arising expanded to cope up with the
from effluent capacity of the reverse
treatment osmosis plant and improved
Plant to generate the concentrate in
solid form.
(2) The reverse osmosis rejects
stored in the temporary
storage ponds must be taken
for concentration and drying
followed by disposal in
secured landfill facility.
(3) The temporary storage ponds
provided for disposal of
reverse osmosis rejects must
be removed, in view of
capacity augmentation of
evaporator system.
V To improve raw (1) The raw material of copper
material concentrate is to be stored in
storage and a closed shed and received &
handling transferred in closed
conveyor system.
(2) All the chemical storage
tanks are to be provided with
dykes to avoid the possibility
of any accidental discharge.
VI To improve (1) The deposited silt in the storm
storm water water drains is to be removed
drainage and and disposed off in secured
collection landfill facility and this is to
system be practiced regularly to
prevent any pollutant
carry-over and to avoid water
logging.
(2) Additional rainwater collection
reservoir with storage capacity
of 30,000-50,000 cubic-meter,
is to be provided to prevent
discharge of runoff from the
critical storage/process plant
areas, during peak
precipitation, taking into
consideration of the recent
updated meteorological data
and maximum industrial utilization.
VII To improve (1) The sold waste of slag is to be
solid waste stored within the stipulated
disposal 10 hectares of land with a
restricted stacking height of
12 meters so as to adhere
with the safe load bearing
capacity of 25 metric ton per
square meter of the
underlying soil/land in that area.
(2) The slag is to be disposed for
beneficial uses, such as road
formation, shot blasting,
abrasive production, cement
aggregate making and other
relevant areas of application,
with approval from concerned
agencies. The monthly
disposal must be at least 50%
more than the monthly
generation quantities of both
slag and gypsum.
VIII To improve (1) Additional electromagnetic
monitoring of flow meters (12 Nos.) are to be
air quality, provided to assess (i) raw
effluent and water consumption (4 Nos.),
water (ii)rain water consumption (3
consumption Nos.) and (iii) waste water
generation & waste water
reuse (5 Nos.)
(2) Online pH meter is to be
provided in reaction tanks of
the effluent treatment plants
to ensure optimum pH for
effective precipitation of the pollutants.
(3) Fluoride concentration in
groundwater at gypsum
storage ponds is to be
regularly monitored, recorded
and ensured with the baseline
fluoride concentration.
(4) Health monitoring of the
people living in the nearby
villages is to be carried out at
least once every six months.
IX To improve (1) Around 26 hectares of land
greenbelt within the industry premises
development is to be earmarked and
developed as greenbelt, to the
width of 25 meters.
(2) Greenbelt cover should be
improved around the
periphery of the smelter
plant, slag yard, gypsum
pond and secured landfill
facility to act as barrier to
control secondary fugitive emissions.
(3) The native species (achras
sapota, azadirachta indica,
cassia fistula, cassia slamea,
casuarinas equisetifolia,
eucalyptus sp. Flcus
benghalensis, ficul eligiosa,
millingtonia hortensis, oringa
sp. Peltophorum
ferrugineum, polyathia lingifclia,
pongarnia pinnata, prospis
juliflora, tabefuia rosea, terminalia
catappa, thespesia populnea, etc.)
should be planted in new
areas of greenbelt cover.’
6. We direct the Tamil Nadu Pollution Control Board to issue directions, in exercise of its powers under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974, to the petitioners-industry to carry out the aforesaid measures and remove the aforesaid deficiencies within such time as it thinks reasonable and proper. The directions will be issued by the Tamil Nadu Pollution Control Board within two weeks from today. The matter will be listed in the first week of January, 2012 and the interim stay of the impugned judgment will continue till then.
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