The Tribunal emphasized compliance with environmental norms, mandating the establishment of treatment facilities and performance guarantees for remediation of violations.

ORDER

1. The issue for consideration is the remedial action against violation of environmental norms by discharge of effluents through a pipeline from Jhagadia to Kantiyajal from Jhagadia Industrial Estate developed by Gujarat Industrial Development Corporation (GIDC) in District Bharuch, 16 Kms in North-East direction from Ankleshwar Industrial Area. The project has been undertaken by Narmada Clean Tech which is operating Central Polishing Treatment Facility/Final Effluent Treatment Plant (FETP) and conveyance pipeline to deep sea from three Industrial Estates of Jhagadia, Ankleshwar and Panoli. The pipelines commissioning trials were carried out in mid-November, 2016.

2. The Tribunal, vide order dated 31.10.2019, sought a factual report from a joint Committee comprising the CPCB, the GCZMA and the State PCB and on 19.6.2020, after considering the report dated 04.12.2019, the Tribunal directed compliance of the consent conditions and filing of a compliance report. The operative part of the order is as follows:-

“2. Accordingly, report dated 04.12.2019 has been filed by the State PCB on behalf of the Committee. The conclusion and recommendations are as follows:

“7.0 CONCLUSION & RECOMMENDATIONS:

Guard pond for 72 hrs i.e 105 ML (35: ML x 3 days— 72 hrs) is to be provided at Jhagadiaas per CCA condition. The flow received at Jhagadia Pumping Station is average 9.91 MLD with minimum 4.22 MLD and maximum 14.18 MLD. The guard pond provided is of capacity 35 ML which is about 2.5 times of maximum effluent received presently. Therefore, committee is of the opinion that considering present scenario present guard pond (35 ML) is found adequate. The member industries also have to provide effluent storage facility for at least 72hrs in their premises as per their respective CCA. Moreover, NCT is planning to provide guard pond of additional 70 ML at Jhagadia.

As per CCA , FETP is required to be provided at Jhagadia, however, considering past records of results of sampling carried out at Jhagadia Final Pumping Station most the times meeting with GPCB prescribed permissible limits ( BOD:100 mg/I, COD:250 mg/I). The analysis results of sampling carried out during the visit of the committee shows the concentrations of analyzed parameters are within the prescribed norms. Further, member industries are prescribed in their consent the norms-BOD: 100 & COD: 250 mg/I. Therefore, FETP/Polishing treatment is not warranted at this stage at Jhagadia. Moreover, NCT is planning to provide primary treatment (FETP) at Jhagadia.

It is inferred from flow data given by NCT, the average 40.13 MLD (min 32.79 MLD & maximum 49.53 MLD) effluent discharge to the deep Sea during January 2018- Oct 2019 (Monthly average). Also during the day of visit to Kantiyajal BPS, the flow to the deep sea was 49.42 MLD. Therefore, there is no overburden of the pipeline carrying effluent to the deep sea as claimed by the complainant. The capacity of the pipeline is 75 MLD as per NCT and reflected in CRZ clearance.

As per the various studies carried out by NCT through Institutes of national repute (CSIR-N10, NEERI & CSMCRI), regarding impact of effluent discharge to the deep Sea on marine environment, the status of water quality, sediment quality and biological characteristics are similar to that of base line data and suggest no impact on ecology (CSIR-N10, 2008), any significant changes not observed (CSIR-CSMCRI, 2010), surrounding areas not affected with discharge (CSIR- NEERI, 2013) and gross deviations in the water quality not found either at effluent release or in the surrounding places (CSIR-N10, 2018).

The MoEF & CC has considered the issue o