ORDER

1. The current matter is related to violation of point No. 3.4 of the Guidelines for Compliances of Environmental Norms by road eateries, restaurants and other establishments issued by the CPCB, where it has been mentioned that every roadside eateries, restaurant and establishment require consent to establish and operate their restaurants from the concerned State Pollution Control Board. The violations are enumerated as follows:

i. The restaurants are operating without the CTE/CTO as required from Statutory Authorities.

ii. Restaurants are using coal and wood for tandoor as fuel without the proper ducting/hood arrangement and proper exhaust system, thereby releasing huge amount of harmful fumes and polluting the environment.

iii. These restaurants do not have proper kitchens for the preparation of food, rather they burn coal and wood in the 2 open to cook meat and food, emitting huge amount of harmful fumes.

iv. These restaurants are violating Solid Waste Management Rules, 2016 by disposing of unprocessed solid waste in open.

v. Restaurants are also causing water pollution by discharging their unprocessed effluent directly into the sewer and have not installed effluent treatment plant for treating the waste water.

2. The matter was taken up by this Tribunal and a committee was constituted to submit the factual and action taken report.

3. In compliance thereof the committee of three officers was constituted with other officials of the Health Department and the Nagar Nigam, they visited the site and submitted the report which is as follows :-

I. Introduction:-

Hotels and restaurants operation may contribute majorly to air pollution, water pollution, solid waste pollution in different ways as mentioned below:-Major sources of Air pollution include:

 Kitchen: Inadequate exhaust treatment options like proper ducting, hooding, draft fans, etc. and use of conventional fuels

 DG Sets: Inadequate stack height and improper maintenance of DG sets,

 Coal fired tandoors 

 Traffic congestion due to improper parking Major sources of Water pollution include:

 Washing of utensils and food items

 Washing of kitchen floors

 Poor housekeeping  Laundry ( as applicable)

 Improper maintenance of connecting drains

 Sewage Source of solid waste include:

 Kitchen waste

 Plastic waste from Packaging and use of disposable plastic items such as cups, plates , glasses etc.

 Left over food items Major source of Noise pollution include:

 Loudspeakers and DJ music

 Operation of DG sets without having proper acoustic enclosures

 Traffic congestion due to improper parking According to the Guideline prescribed by CPCB, A restaurant with minimum seating capacity of 36 shall install ETP and treated effluent water from ETP installed should meet existing Environmental Standard notified by the MoEF&CC vide GSR 794(E) dated 04.11.2009 and reproduced as under. The standard may be made stringent by concerned SPCB/PCCS.

a) As per the Water Act 1974 and Air Act 1981units obtain Consent to Establish (NOC) before commencement of the construction activities and Consent to Operate (CTO) before starting operation of the Units (individual establishments and the area/ cluster of restaurants/ hotels/ motels/ banquets etc.) from the concerned SPCB/PCC.

b) Further, the SPCB/PCC to direct the defaulting units for paying environmental compensation for damaging the environment considering their operations despite being non-compliant.

c) The SPCB/PCC may workout and assess the amount of environmental compensation in-line with the mechanism for charging environmental compensation as evolved by the CPCB. 3.3 Solid Waste Management (a) The units shall properly handle, manage and dispose the solid waste generated and comply with the p