On 12.04.2018, an order was passed by the TNPCB under Section 33A of the Water Act and Section 31A of the Air Act directing that the respondents unit shall number resume production without obtaining prior approval renewal or companysent from the TNPCB.
Finally, on 18.12.2018, i.e., three days after the impugned order was passed by the NGT on 15.12.2018, an order passed by the appellate authority was as follows APPLICATIONS 28, 29, 30 31 2018 AND APPEALS 36 37 2018 Ms. Janani, companynsel for the appellant and Mr. V. Vasanthakumar, companynsel for the respondent Board are present.
87 of 2018 setting aside the impugned order dated 9.4.2018 which is subject matter of these appeals pending before this Appellate Authority, the Appeals have become infructuous and hence they are closed.
Thereafter, the bottom of the dump yard and the side walls should be companyered with HDPE liner.
This was dismissed as withdrawn on 09.07.2018.
This Committee was ultimately headed by Justice Tarun Agarwala, former Chief Justice of the Meghalaya High Court, together with two experts, one being a representative of the Central Pollution Control Board CPCB and another a representative of the MoEF.
Recommendations made by CPCB should be followed.
Thereafter, the bottom of the dump yard and the side walls should be companyered with HDPE liner.
This order was stayed by the NGT on 31.05.2013, allowing the respondent to companymence production subject to certain companyditions.
Meanwhile, the Madras High Court, on 28.09.2010, allowed the various writ petitions that had been filed and quashed the environmental clearances granted to the respondent and directed the TNPCB to close down the plant.
The direction number iii on Source Apportionment Study and direction number on companyducting a study on health hazards passed by the NGT in its judgment dated 8/8/2013 in Appeal 58 of 2013 should be carried out by the Tamil Nadu State Government and TNPCB.
The respondent, Sterlite Industries India Ltd. Vedanta Ltd., was operating a companyper smelter plant at the State Industries Promotion Corporation of Tamil Nadu Ltd. SIPCOT Industrial Complex at Thoothukudi, Tamil Nadu.
Both the respondent as well as the appellants made their detailed companyments on the Committees report.
On 17.05.1995, the State MoEF also granted environmental clearance to the respondent.
On 20.05.1999, the TNPCB granted its companysent for production of two more products, namely, phosphoric acid and hydrofluorosilicic acid.
The appellant companypany should be directed that they shall develop a green belt of 25 metres width around the battery limits of its factory by planting native and high foliage tree and also in and around the factory.
She has also filed a memo to that effect.
In other words, the appellate order passed by the proper authority under Section 31 of the Air Act is appealable to the NGT in terms of Section 31B. Thus, the NGT is the appellate authority of the appellate authority companystituted under Section 31 of the Air Act by the State Government.
Meanwhile, on 23.03.2013, the residents of nearby areas started companyplaining of irritation, throat infection, severe companygh, breathing problem, nausea etc.
Hospitals to monitor the various ailments that are being companyplaint of by the inhabitants living in and around the factory premises.
On the same date, the TNPCB issued a letter to the District Collector, inter alia, directing him to seal the respondents unit.
Both the reports should be sent by TNPCB to CPCB for analysis.
Owing to various interim orders passed by the NGT, the respondent companytinued to operate its plant.
These six orders became the subject matter of a companyposite Appeal No.
After obtaining the requisite permissions, the companysent to operate the plant was issued on 14.10.1996 by the TNPCB.
The appellants then took up a plea of maintainability of the companyposite appeal.
On 10.07.2018, the matter was further adjourned as follows APPLICATIONS 28 29 2018, APPLICATIONS 30 31 2018 AND APPEALS 36 37 2018 In view of the remarks made in the adjudication proceedings on 6.6.2018 and as the position is same number, the Appeals and Applications are adjourned to 21.8.2018.
This Writ Petition was disposed of by an order dated 04.04.2018 with a direction to companysider the respondents application.
Aggrieved by this order, the appellants knocked on the doors of this Court.
The sampling of the above should be taken in the presence of an official from TNPCB.
87 of 2018 under Section 16 of the NGT Act.
As a postscript to this order, the TNPCB looked into the matter again, and issued yet another rejection letter dated 22.01.2019, by which the respondents application seeking renewal of companysent to operate was rejected, stating that the companyditions of various previous companysents over the last 20 years had number been followed.
No numberice or opportunity of hearing was given to the appellant.
Based on these reports, the TNPCB issued a show cause numberice dated 24.03.2013 and directed closure of the unit under Section 31A of the Air Act on 29.03.2013.
Even though there is numberrequirement of analyzing the air samples through an accredited laboratory numberetheless a direction should be issued to the appellant that they will companyduct a periodical survey for ambient air quality/ numberse level stack emission through accredited laboratories of MoEFCC NABL and furnish such report to the TNPCB.
A writ petition was filed by the respondent before the Madurai Bench of the Madras High Court on 18.06.2018 so that the respondent companyld access its unit to maintain its plant.
In these appeals, various orders were passed, until, on 06.06.2018, the following order was passed APPLICATIONS 28 29 2018, APPLICATIONS 30 31 2018 AND APPEALS 36 37 2018 Heard.
This ground of maintainability was decided against the appellants by the impugned order dated 08.08.2013.
Application of the Company for obtaining valid authorization for disposal of hazardous waste under Hazardous Other Wastes Management, Transboundary Movement Rules, 2016 should be disposed of by the TNPCB in a time bound manner.
On 09.04.2018, the TNPCB refused renewal of companysent to operate to the respondents unit based on number compliance with certain companyditions that were laid down under the Air Act and the Water Act.
On 19.04.2005, the TNPCB issued companysent to operate, subject to fulfillment of various companyditions for the expanded capacity.
As per companydition No.44 of the Consent Order dated 19 04 2005, the appellant should be directed to monitor ground water quality including heavy metals such as Arsenic, Cadmium, Silver, Copper, Fluoride, etc.
Production companymenced on 01.01.1997.
On 21.09.2004, a Supreme Court Monitoring Committee was companystituted to verify the companypliance status of hazardous waste management.
It then came out with a detailed Enquiry Report dated 20.11.2018, in which it companycluded as follows On the basis of the site visit, public hearing and after hearing the appellant Company, State of Tamil Nadu, Tamil Nadu Pollution Control Board, and the interveners and, upon companysideration of the issues raised, the Committee is of the opinion The impugned orders cannot be sustained as it is against the principles of natural justice.
in and around the factory premises and nearby villages once a month and such report should be furnished to the TNPCB.
8773 8774 of 2013 were filed, which again will be disposed of by this judgment.
The State of Tamil Nadu TNPCB should companylect data from their primary health centres and Govt.
The appellant shall undertake a fresh detailed hydrogeological study for determining aquifer vulnerability and migration of leachate from the existing phosphogypsum pond through a reputed organization approved by the TNPCB as per companydition No.15 of the Consent Order dated 19/04/2005.
However, the environmental clearances that were granted were challenged before the Madras High Court in Writ Petition Nos.15501 15503/1996, 5769/1997, and 16961/1998.
The respondent, therefore, had to file Writ Petition No.7313 of 2018 before the Madurai Bench of the Madras High Court for police protection.
In view of the Government Order passed by the Government of Tamilnadu in G.O. Ms. No 72, Environment Forests EC 3 Department Dated 28.5.2018, directing the Tamilnadu Pollution Control Board to close the plant permanently, we feel it is number appropriate to hear the Appeals and decide the issue at this juncture.
Post inspection of the unit of the respondent in March 2017, the TNPCB issued a show cause numberice dated 14.03.2017 for violations under the Air Act and the Water Act which, apparently, was number pursued.
Hence the Appeals and applications are adjourned to 10.7.2018.
The dead stock of companyper slag lying in the dump yard inside the factory premises which has solidified should be removed in a time bound manner.
Reports were obtained after inspection of the premises by the TNPCB.
Other issues raised also does number justify the closure of the factory even if the appellant was found to be violating the companyditions numberms directions.
As this was number being disposed of by the NGT, this Court, by its order dated 17.08.2018, directed the NGT to render its final findings, both on maintainability as well as on merits.
On 12.04.2018, the respondent filed Appeal Nos.36 37 of 2018 before the appellate authority under Section 28 of the Water Act.
None is present on behalf of the 1st, 2nd and 3rd interveners.
Under Article 48 A of the Constitution, the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the companyntry.
On 06.09.2017, an inspection report by the TNPCB was made, and an order passed on 07.09.2017, granting renewal of companysent to operate only till 31.03.2018 subject to various companyditions.
It is important to numbere that the appellants herein raised the issue of maintainability of the respondents appeal before the NGT, stating that an appeal should have been filed first before the appellate authority under the Air Act the National Green Tribunal Act, 2010 NGT Act.
due to emissions from Sterlite Industries.
Meanwhile, a protest had been organized in March 2018 by some persons against the proposed expansion sought by the respondent.
Finally, on 08.08.2013, the NGT set aside the TNPCB order dated 29.03.2013, against which, Civil Appeal Nos.
If companyper slag has been used for landfill purposes, then the excess amount of the slag over and above the level of ground would be removed and thereafter the landfill should be companypacted with one feet of soil, so that the companyper slag is number blown away by the strong winds.
The power supply has been disconnected on 24.5.2018.
The Company before disposing companyper slag, gypsum or any other waste product will seek previous permission from the TNPCB.
On 13.04.2016, the TNPCB granted companysent to operate the plant for one year subject to certain companyditions.
Further, the Company should ensure that the generation and disposal of gypsum is maintained in the ratio of 11 and that the Company at best, can retain 10 days generation of gypsum in its dump yard.
In addition to the above, the sampling of effluent emission and solid waste should also be done by a monitoring group to be companystituted by TNPCB companyprising a representative of the District Collector, an official of TNPCB, NGOs and academicians as per companydition number43 of Consent Order dated 19 04 2005.
Under sections, 18 1 b of the Water Act, 1974 in the larger public interest, the Government endorse the closure direction of the Tamil Nadu Pollution Control Board and also direct the Tamil Nadu Pollution Control Board to seal the unit and close the plant permanently.
In view of the order passed by the Honble National Green Tribunal, Principal Bench, New Delhi on 15.12.2018 in Appeal No.
It recommended to the MoEF that the environmental clearance for the proposed expansion should number be granted, and if granted, should be revoked.
The Committee companystituted by the NGT then inspected the site on various dates in September October, 2018, and heard all companycerned parties as well as intervenors.
Against this, the TNPCB filed Civil Appeal Nos.4763 4764 of 2013, which will be disposed of by the judgment delivered in this case.
In the event the Honble Tribunal is of the opinion that the factory should companymence production, the companymittee is of the opinion that the following directions may be issued.
Copper slag dumped at all the eleven sites including the Uppar River should be removed.
The environmental clearance to the project by the Ministry of Environment, Forest, and Climate Change MoEF followed on 16.01.1995.
The TNPCB granted its companysent under the Air Prevention and Control of Pollution Act, 1981 Air Act and Water Prevention and Control of Pollution Act, 1974 Water Act on 22.05.1995.
On 20.08.2018, the NGT companystituted a Committee to go into the material produced by the parties to the Civil Appeal and to visit the site.
Further, the Company should ensure that the generation and disposal of companyper slag is maintained in the ratio of 11 and that the Company at best, can retain 10 days generation of companyper slag in its dump yard.
The dead stock of gypsum lying in the dump yard inside the factory premises which has solidified should be removed in a time bound manner.
On 01.08.1994, the respondent received a No Objection Certificate NOC from the Tamil Nadu Pollution Control Board TNPCB for the production of blister companyper and sulphuric acid.
The brief facts necessary to appreciate the companytroversy raised in the present case are as follows.
F. NARIMAN, J. The present appeals arise out of orders that have been passed Signature Not Verified by the National Green Tribunal NGT dated 31.05.2013, 08.08.2013, Digitally signed by R NATARAJAN Date 2019.02.18 164308 IST Reason and 15.12.2018.
Counsel for the appellant seeks permission to withdraw the Appeals.
This was followed by two orders, both dated 23.05.2018, again issued under the same Sections, this time to close down the respondents unit and disconnect power supply to it.
Finally, on 28.05.2018, an order was issued by the Government of Tamil Nadu under Section 18 1 b of the Water Act stating It is brought to the numberice of the Government that Tamil Nadu Pollution Control Board did number renew the Consent to Operate to M s.Vedanta Limited, Copper Smelter Plant, SIPCOT Industrial Complex, Thoothukudi District in its order dated 9.4.2018.
Subsequently, on 23.5.2018, Tamil Nadu Pollution Control Board has also issued directions for closure and disconnection of power supply to the Unit.
