Environmental compliance for CETP mandated, highlighting 'Polluter Pays' principle and enforcement of compensation for violations.

ORDER

1. Vide order dated 06.02.2020, a report was sought from the State Pollution Control Board (SPCB) with reference to the allegation that CETP, Narol, Ahmedabad was discharging untreated effluents into Sabarmati River, adversely affecting the environment and the inhabitants. The CETP is operated by M/s Narol Textile Infrastructure and Enviro Management.

2. The matter was last considered on 06.02.2020 in the light of earlier proceedings as follows:

“2. Thereafter, the matter was considered on 15.11.2019 in the light of the report submitted by the GPCB that the CETP was not meeting the parameters, causing pollution of Sabarmati River. In view of the said report, the Tribunal directed recovery of compensation, reduction of pollution load by decreasing capacity of the units contributing to the pollution and to take further remedial steps. Observation of this Tribunal are:

“2. The report filed by the Gujarat Pollution Control Board (GPCB) acknowledges that the CETP is not meeting the parameters. The units connected to CETP are engaged in processing of cotton and blended fabrics, denims and synthetic textiles which are sending partially treated effluents through underground pipeline. The effluents are discharged into Sabarmati river after treatment by CETP but the 2 outlet norms are not met as the CETP does not have adequate capacity. The SPCB assessed compensation of Rs. 70 lakhs for noncompliance in the form of encashment of bank guarantee which was furnished but the conditions of the guarantee were not fulfilled. CETP has taken certain steps and the direction for achieving the norms have been issued but inspite of such steps, CETP continues to exceed the prescribed norms till date.

3. In view of above, following earlier orders of this Tribunal in O.A. No. 125/2018, Arvind Pundalik Mhatre Vs. Ministry of Environment and Forest &Climate Change &Ors. and O.A. No. 95/2018, Aryavart Foundation Vs. M/s Vapi Green Enviro Ltd. &Ors., we direct that apart from recovering compensation for the damage to the environment so as to recover cost of restoration on ‘Polluter Pays’ principle, the SPCB must reduce the pollution load by proportionately decreasing the capacity of the units contributing to said pollution. We are informed that there are 120 member industrial units. The SPCB may ensure that the load is reduced in such a way that the CETP outlets achieve the norms. The quantum of compensation should be as per laydown norms and quantum of bank guarantee for future should also be on that basis. The capacity may be restored once remedial steps are taken so as to ensure that outlet of CETP achieve the laid down norms. For the past non-compliance, let the joint Committee of CPCB and GPCB assess the environmental compensation and file a report. The nodal agency will be the GPCB for coordination and compliance.

4. Let a further compliance report be filed by the SPCB by 31.01.2020 by e-mail at judicial-ngt@gov.in.”

3. In view of the above, the GPCB has filed its report on 31.01.2020 as follows:

“The environmental compensation for the past non-compliance as per the formula prepared by CPCB is EC = PI x N x R x S x LF. (Where, EC-Environmental Compensation in Rupees, PI- Pollution Index of the Industrial Sector, N-Number of days the violation has taken place ,R-Factor of EC in Rupees, S-Factor for scale of operation of industrial unit, LF-Location Factor).

The formula is given in the order dated 19.02.2019 of Hon’ble NGT in OA No. 593/2017 (Paryavaran Suraksha Samiti & Anr Vs Union of India).

The calculation of environment compensation for period of 06.09.2017 up to 22.11.2019, calculated jointly by CPCB and GPCB using the above-mentioned formula and amount is Rs. Rs. 3,63,60,000/(Rs. Three Crore Sixty Th