Sterlite Industries (I) Ltd. Etc. Etc vs Union Of India And Ors. Etc. Etc

Sterlite Industries (I) Ltd. Etc. Etc. ... Petitioners

Versus

Union of India & Ors. Etc. Etc. ... Respondents

O R D E R

A. K. PATNAIK, J.

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

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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 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.

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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

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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

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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 roc 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

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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

carryover and to avoid water

logging.

(2) Additional rainwater collection

reservoir with storage capacity

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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 (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.)

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(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

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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)

New Delhi,

October 11, 2011.