1. Compliance of environmental norms by M/s Lalitpur Power Generation Company Limited (LPGC) is the question for consideration. Allegations in the application are that the LPGC is using fresh water in excess of permitted limit, not monitoring ambient air quality, not carrying out waste water treatment and is violating green belt plantation requirement around the plant.
2. Vide order dated 29.08.2018, a joint Committee of representatives of the MoEF&CC, Central Pollution Control Board and Uttar Pradesh Pollution Control Board was required to furnish a report.
3. Accordingly, reports dated 12.10.2018 and 11.12.2018 were furnished by MoEF which were considered by this Tribunal vide order dated 17.12.2018. Deficiencies noticed raised issues of fly ash disposal, installation of CAAQMS, handling hazardous waste, control of fugitive emissions, adequate tree plantation and proper operation of STP. The Tribunal directed compliance of the deficiencies noticed and a report being furnished to the Tribunal.
4. Further report of the joint inspection dated 15.05.2019 has been produced at the time of hearing by learned counsel for the UPPCB mentioning the measures adopted for compliance of the deficiencies earlier pointed out. Some of the deficiencies have still not been complied with. The recommendations of the joint Committee are as follows:
“The Industry needs to be directed to comply the followings:
1. The unit should properly operate its STP to meet with the stipulated norms.
2. The unit should ensure proper operation of CAAQMS.
3. The unit should expedite to obtain HW authorization for Discarded Containers, Spent Ion Exchange Resin Containing Toxic Metals, Chemical Sludge from Waste Water Treatment Sludge.
4. The unit should provide proper approach road such as paved roa.d to ash dykes.
5. The unit should expedite completion of concreting on HDPE lining.”
5. We accept the recommendations and direct the project proponent to take remedial measures after drawing up an action plan for mitigation. In particular, the project proponent may ensure use of latest technology instead of electro-static precipitators (ESP) for control of stack emissions. The Committee may examine the action plan and oversee the remedial action. The Committee may also assess the amount of compensation to be recovered on account of harm to the environment for the violations caused during the period of default.
6. Further report of the action taken may be furnished by the joint Committee within three months at judicial-ngt@gov.in.
List for further consideration on 11.09.2019.