IN THE SUPREME COURT OF
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETTION (C) NOs.28116-28123 OF 2010
Sterlite Industries (I) Ltd. Etc. Etc. … Petitioners
Versus
O R D E R
A. K. PATNAIK, J.
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. ubramanium Prasad, learned counsel for the Tamil Nadu Pollution Control Board, and Mr. Vijay Panjwani, learned counsel for the entral
Pollution Control Board.
2. The High Court has by the impugned judgment inter alia directed that the industrial unit of the petitioner be closedown immediately because of the environmental pollution caused by the industrial unit. On 01.10.2010, this Court directed that the matter be listed on 8.10.2010 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 lso 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 5.08.2011, 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 |
Measure Suggested |
I |
To improve the
emission
control
efficiency in
the process section
|
(1) Hoods with extraction system are to be installed for collection of fugitive emission at (i) smelter lance, (ii) smelter feed port, (iii) rotary holding furnace-slag
granulation & (iv) matte
tapping and to be connected to the control measures. In view of the above dditional 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
fugitive
emission
control
|
(1) Ducts to collect all the fugitive emission and control measure of flue gas desulphurization
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- uspended dust particles due to
movement of vehicles.
(5) Permanent water sprinklers are to be provided at gypsum pond area and roc phosphate area.
|
III |
To improve
effluent
treatment
operation
|
(1) The chemical treatment
comprising coagulation flocculation
and settling is 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 disposal of rejects arising
from effluent
treatment
Plant
|
(1) The evaporation system along with drying facility must be expanded to cope up with the capacity of the reverse
osmosis plant and improved 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 smosis rejects must be removed, in view of capacity augmentation of
evaporator system.
|
V |
To improve raw
material
storage and
handling
|
(1) The raw material of copper concentrate is to be stored in a closed shed and received & 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
storm water
drainage and
collection
system
|
(1) The deposited silt in the storm water drains is to be removed and disposed off in secured landfill facility and this is to be practiced regularly to prevent any pollutant carryover and to avoid water logging.
(2) Additional rainwater collection reservoir with storage capacity of 30,000-50,000 cubicmeter, 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
solid waste
disposal
|
(1) The sold waste of slag is to be stored within the stipulated 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 are as 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
monitoring of
air quality,
effluent and
water
consumption |
(1) Additional electromagnetic flow meters (12 Nos.) are to be provided to assess (i) raw water consumption (4 Nos.),(ii) rain water consumption (3 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
greenbelt
development
|
(1) Around 26 hectares of land within the industry premises is to be earmarked and developed as greenbelt, to the width of 25 meters.
(2)
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.
.……………………….J.
(R. V. Raveendran)
………………………..J.
(A. K. Patnaik)