ARVIND MANOHAR MAHAJAN v. M/S BENZO CHEM INDUSTRIES PVT. LTD.

of manufacturing of pharmaceutical and agrochemical activities. The matter was taken up with the PP who undertook to take remedial action. However, the violations continued and the Panchayat vide resolution dated 30.08.2010 resolved to cancel the NOC granted to the PP. The Panchayat also asked the Collector to close down the unit. A meeting was held with the Collector on 21.02.2011 and it was decided that the compliance status should be verified by conducting inspection. Inspection was conducted and water quality was found to be not upto the laid down standards. On 13.06.2011, the State PCB assured the applicants that remedial action will be taken. Again, in January 2017, the applicants found that reddish chemicals were coming to the agricultural lands. The contamination of well water was confirmed by test report dated 18.04.2017 from Food Hygiene and Health Laboratory, Pune, NABL accredited Lab.

3. The application was filed on 11.07.2017 and notice was issued on 24.07.2017. Respondents include the PP and the State PCB who have filed their respective replies.

4. The stand of the State PCB in its reply dated 24.10.2017 is that the two units of the PP have been granted requisite consents. Incident of discharge of effluents with rain water runoff into the MIDC drain due to overflow of solar evaporation tanks occurred on 20.07.2010. On 23.07.2010, effluents mixed rain water was found accumulated on the road side behind the factory of the PP which was percolating into open wells in the agricultural lands, 300 meters away from the factory. The solar evaporation pond was constructed and effluents stored in the pond without permission of the State PCB. Reports appeared in the local media on 23.02.2011 about deterioration of the well water due to discharge of effluents and also infirmity of the agricultural land behind the factory of

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the PP outside the MIDC area. Meeting was held by the SDM with the affected parties and the State PCB also received complaints which led to site inspection on 06.02.2016 and 07.02.2016 alongwith the farmers. Samples of water from the open wells in agricultural lands in the vicinity were taken and as per test report from Central Laboratory, MPCB, Navi Mumbai, parameters of BOD, COD and TDS were found to be beyond norms. There was contamination of cyanide in the adjoining well which had percolated from the factory of the PP. Show cause notice was issued to PP who denied responsibility for the contamination of water. The State PCB issued directions under Section 33A of the Water Act, 1974 and 31A of the Air Act, 1981 on 05.07.2016 to both the units requiring them to get damage to the crops assessed within periphery of 2 kms radius of the factory and to furnish Bank Guarantee of Rs. 2 lacs each. Thereafter on 07.09.2017, another inspection was conducted and analysis of the water samples showed contamination. Further inspection was conducted on 12.10.2017 and analysis reports were awaited. Accordingly, directions were issued to the PP on 23.10.2017 for remedial action after consulting NEERI-Nagpur.

5. The stand of the PP is that the cause of action relates to incident of 2010 and thus, the application filed in 2017 is barred by limitation. Mere fact that as per report dated 18.04.2017, discharge of hazardous effluents was found, will not provide limitation for moving the Tribunal. The PP has redressed the grievances and now has ZLD facility. 100% effluent is recycled into the cooling tower. It was pumping contaminated water from the wells and treating the same in multi-effect evaporators. It has hired service of a Facility for disposal of hazardous waste which is valid upto

10.07.2019.

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6. Vide order dated 08.12.2017, the Tribunal noted the stand of the PP that compensation @ Rs. 40,000/- per acre of land was paid to the 13 applicants and thus nothing survived in the matter. The application should be dismissed as withdrawn. The Tribunal did not accept this stand and observed that the issue involved not only the individual applicants but also remediation of soil and ground water pollution.

7. The PP filed further affidavit dated 27.05.2021 to the effect that on instructions of the State PCB dated 23.12.2017 and orders of this Tribunal dated 08.12.2017 and 10.07.2018, CSIR - NEERI was engaged to study the technical adequacy of ETP and ZLD and impact of industrial activities of the soil and the groundwater. The report has been received in June 2019 after investigation of water and soil quality showing that violations were continuing. The PP has undertaken to remedy the same. The summary and recommendations of the said report quoted in the reply are as follows:

"Chapter 4 - SUMMARY AND RECOMMENDATIONS

4.1. Material Balance

 The ETPs of both the units 1 and 2 have sufficient capacity to take up the liquid load generated by each of the units. The plants have enough spare capacity to take up the shock loads as well.

 The MEE at the end of the plants, makes it possible for the industry to maintain zero liquid discharge (ZLD)  The air scrubbers too have sufficient capacity to handle the loads of air pollutants generated in each unit.

4.2. Water Environment

 The farming as well as domestic activities are being performed with the water from dug well and bore wells. Electricity is available for a few hours in the morning and during late evening and night, hence water from these sources is used during these hours.

 The depth of these wells is between 40-100 ft and water was found upto 40 ft during summer season.  The water samples from within 500m of the industry had pH: 6.1-7.8 and TDS, Ca, Mg and Chloride

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beyond permissible limits for drinking water standards in both pre and post monsoon.

 Extremely high organic content are observed in sample, COD of W8: 4152 mg/l (pre monsoon) and 3900 mg/l (post monsoon). COD of W1, 6 and 7 in the range 274-313 mg/l. During post monsoon, W1 and W7 were observed to have COD of 248mg/l and 220 mg/l, respectively. Nitrate levels were also beyond permissible limits for Drinking water in W1, 2, 5, 6 15,18,20 and 21 during pre monsoon and W7 in post monsoon. In general, the iron content in all the well waters is above the permissible limit of 0.3 mg/l. Manganese was found above permissible limits in samples from W 1, 6, 7 and 8 in both pre and post monsoon except W6 which was not selected for post monsoon monitoring.

 Based on the groundwater GC-MS/MS analysis for fine chemicals (2C, MA, OCBC, OMPAA,OCPAA and PCPAA) used as raw materials as well as finished products of the Benzochem industry are observed in low concentration in the groundwater in the wells 1, 7 and 8 within 500m radius of Benzochem Pvt. Ltd for both pre and post monsoon seasons.

 For post monsoon, water quality of W20, W40 and H2 samples was monitored based on the results obtained in pre monsoon since no contamination with fine chemicals was observed. These three samples were selected to represent the other samples in the 2km radius but not falling within 500m.

 During pre monsoon monitoring, the bore well samples within 500 m of the industry had pH in the range 7.0-8.3 and TDS: 1800-2500 mg/l. The water is hard (Hardness 700- 1360 mg/l and Chloride: 997-1059 mg/l) as well as saline. Comparatively the hand pump samples had total hardness and chloride within permissible limits in absence of alternate source.

 The bore well and hand pump samples had no organic content (COD: not detected)

 During pre monsoon monitoring, the iron content in all these samples except H2 were found beyond acceptable limits for drinking water and GC-MS/MS analysis revealed that the samples were not contaminated with fine chemicals at this depth.

4.3. Recommendations for Water Environment

Based on the groundwater analysis for both pre and post monsoon seasons, fine chemical contaminants are observed in the groundwater specially in well no 1,7 and 8, which are adjacent to Benzochem Pvt. Ltd. Although, the concentrations of

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the fine chemicals contaminants are low, however, since the water quality does not meet drinking water standards, use of well water from W1, 7 and 8 for drinking and irrigation purposes should be discontinued immediately.

Some of the immediate measures are to be pump and treat, adsorption of residual organics by activated carbon followed by regular monitoring of the well water quality post treatment. This would restore well water quality as well prevent percolation of the contamination in the groundwater. The treatment option hence would be :

Pumping of ground water and its treatment via existing ETP of Benzochem Industries Private Limited (Pumping strategies with activated carbon water treatment/ Reverse Osmosis followed by Multiple effect Evaporation). The treatment of these well water should be carried out until the water quality becomes potable and fine chemicals are not detected. These wells are to be monitored at periodic intervals throughout the treatment procedure.

Further, in terms of priority, W8 has most number of fine chemicals and has the highest priority in terms of treatment. Considering the spare capacity in ETP of the industry, W8 water can be treated there along with the MEE. W1 and W7 are also to be treated and methods listed above can be utilized for these.

Alternatively, other options available for treatment of such contaminated ground water are:

- Recharge of the wells

- In-situ groundwater treatment

- In-situ immobilization of the contaminants (sealing, stabilization, capping, cutting off, fixing, advanced oxidation process)

- Permeable reactive barrier technology for treatment of dissolved phase organic fraction

Further exploration of the feasibility of either/or options mentioned above needs to be undertaken in order to prevent further deterioration and spread of groundwater quality.

4.4. Summary and Recommendation for Soil Environment

Soil samples were examined during the pre-monsoon period from the study area for general parameters as well as for the fine chemicals. The samples were taken from 15 cm and 30 cm before the surface. However, no fine chemicals were obtained in the samples at the respective depths. Soil sample from the query pit area (E1) was found to contain fine chemical.

Treatment of contaminated pit need to be assessed as per the level and depth of fine chemicals in the soil strata. Based on this, treatment options will be considered as per following

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 Soil depth analysis should be performed to assess the quantity of soil to be stabilized and check for no toxic leachates.

 Alternatively, the contaminated soil can be sent to Common Hazardous Waste Treatment and Disposal Facility (CHWTDF).

Till the treatment option for contaminated soil in the query pit area is finalized, the query pit area must not be used for any purpose."

8. The PP has also mentioned the steps taken for restoration of well water, soil environment. The PP has also filed order of the State PCB dated 29.09.2020 mentioning that starred question was raised in the Maharashtra Assembly in 2020 Session about the discharge of effluents by the PP in the agricultural land and non-compliances were observed by the State PCB during visit on 17.07.2020. In view of such consistent violations, the PP was granted hearing on 25.08.2020 at 3 p.m. by the Member Secretary, State PCB wherein the PP gave assurance to take remedial action. The State PCB accordingly issued following directions:

"1. Industry shall carry out the work as per the NEERI report proactively.

2. Industry shall carry out well water restoration work as per the directions of the Board within 3 months period.

3. You shall make arrangements to arrest the contaminated rainwater run-off letting outside the industry premises.

4. You shall submit the Bank Guarantee of Rs. 5.0 Lakh's towards the compliance of these Interim Directions. The Bank Guarantee shall be submitted in favour of Regional Officer, M.P.C. Board, Amravati within 15 days from the date of issue of these directions.

5. It is decided that existing Bank Guarantee of Rs. 2.0 Lakh submitted by you is to be forfeited."

9. The PP filed reply on 02.10.2020 to the effect that ETP with MEE to achieve ZLD had been installed. The PP will undertake water restoration work as per NEERI report and MPCB's directions.

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10. The applicants have filed MA No. 83/2018 to the effect that non- compliance continued and water sample taken on 04.01.2018 was found to be contaminated as per report dated 08.02.2018. Presence of chemical substances was found in the water beyond prescribed limits. Some of the reports dated 08.02.2018 show as follows:

"Food Hygiene & Health Laboratory, A-512-513, Megacentre, Pune - Solapur Road, Hadapsar, Pune-411013

Sr. Test Done Result Unit Permissible Limit Test Method No.

Table 2 General Parameters concerning substances undesirable in excessive amounts

1 Iron (as Fe) 0.20 mg/l 1.0, Max

IS 3025 Part 53

2 Chloride ( as CI) 16394.92 mg/l 1000, Max

IS 3025 Part 32

3 Free residual <0.1 mg/l Not Specified IS 3025 Part 26 Chlorine

4 Fluoride ( as F) 2.7 mg/l 1.5, Max

APHA 4500-F-D

5 Total hardness (as 16236.00 mg/l 600, Max

IS 3025 Part 21 CaCO3)

6 Calcium (as Ca) 3015.62 mg/l 200, Max

IS 3025 Part 40

7 ChlDramines (as C12) <1.0 mg/l 4.0, Max IS 3025 Part 26

8 Magnesium 2117.02 mg/l 30, Max IS 3025 Part 46

(as Mg )

9 Copper (as Cu) 1.98 mg/l 1.5, Max

APHA 3113 B

Food Hygiene & Health Laboratory, A-512-513, Megacentre, Pune - Solapur Road, Hadapsar, Pune-411013

No. Limit

10 Manganese (as Mn) 79.91 mg/l 0.3, Max APHA 3113 B

11 Sulphate (as SO4) 1670.04

mg/l 400, Max IS 3025 Part 24

12 Nitrate (as NO3) 229.45

mg/l 45, Max APHA 4500-NO3-B Phenolic compounds (as mg/l

13 C6H5OH) <0.001 0.002, Max IS 3025 Part 43

14 Selenium (As Se) <0.005 mg/l 0.01, Max IS 3025 Part 56

15 Silver (as Ag) 0.71 mg/l 0.1, Max Annex J of IS 13428

16 Zinc ( as Zn ) <0.05 mg/l 15, Max IS 3025 Part 49 Anionic detergent mg/l 17 (as MBAS) 0.050 1.0, Max Annex K of IS 13428

18 Mineral oil <0.5 mg/l 0.5, Max Clause 6 of IS 3025 Total Alkalinity mg/l Part 39 19 (as CaCO ) 206.00 600, Max IS 3025 Part 23 3

20 Aluminum (as Al) 0.05 mg/l 0.2, Max IS 3025 Part 55 Ammonia (as total

21 ammonia -N) 8.01 mg/l 0.5, Max IS 3025 Part 34

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24 Sulphide (as H2S) <0.05 mg/l 0.05, Max IS 3025 Part 29

25 BOD 950 mg/l Not Specified IS 3025 Part 44

26 COD 3744.0 mg/l Not Specified APHA 5220 B Total Suspended

27 Solids 240 mg/l Not Specified IS 3025 Part 17

Food Hygiene & Health Laboratory, A-512-513, Megacentre, Pune - Solapur Road, Hadapsar, Pune-411013

Sr. Permissible Test Done Result Unit Test Method No. Limit

Polychlorinated mg/l

01 <0.00001 0.0005, Max APHA 6431-C

biphenyls

02 Total Arsenic(as As) <0.005

mg/l 0.01,Max APHA 3114C

03 Total Chromium (as 1.42

mg/l 0.05,Max APHA 3113B MercuryC (ra)s Hg)

mg/l

04 <0.001 0.001,Max APHA 3112 B

05 Molybdenum (as Mo) 0.007

mg/l 0.07,Max APHA 3113B

06 Nickel(as Ni) 0.75

mg/l 0.02, Max APHA 3113B

07 Cadmium ( as Cd) 0.25

mg/l 0.003, Max APHA 3113B mg/l

08 Cyanide (as CN) <0.005 0.05, Max IS 3025 Part 27

09 Lead (as Pb) 1.15

mg/l 0.01, Max APHA 3113B Polynuclear aromatic mg/l 0.0001, Max APHA 6440 10 hydrocarbons (as PAH) <0.0001

11 Trihalomethanes

Bromoform ^mg/l a] <0.05 0.1,Max

b] Dibromochlorometha <0.05

mg/l 0.1,Max APHA 6232B

c] Bromodicnhelorometha <0.05

mg/l 0.06,Max

d] Chlonroeform <0.05

mg/l 0.2,Max "

11. We have heard learned Counsel for the parties.

12. Question for consideration is whether the unit was and is compliant and if not its accountability for past or continuing non compliances.

13. It is patent that from 2010 till atleast 2.10.2020, the unit remained non-compliant. We have already referred to first violation seen in the year 2010 and subsequent reports of 2017, February 2018 and NEERI report of June 2019 show that the violations continued. Even in August 2020, the State PCB recorded violations and the PP filed undertaking on

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2.10.2020 to take further remedial action. Thus, there could be no question of matter being beyond limitation. Relief can be confined to five years before filing of the application. Though status after 2020 is not on record, the PP has to take remedial action as well as be held accountable for past violations of ten years. There are rival oral versions about current status - version of the applicants that violations are still continuing and version of the PP that violations have now been remedied.

14. Analysis reports of groundwater indicate deterioration in water quality on account of cationic and anionic imbalances. However, trace/micro pollutants could not be detected through GC/MS. Contamination of groundwater may be attributable to discharge of concentrated effluents from solar evaporation ponds. As per CTO granted by MPCB on 26.04.2016, the industry was to be operated on ZLD mode and thus has not been complied.

15. In view of above, a joint Committee of CPCB and State PCB may visit the site and ascertain compliance status in terms of ground water contamination, status of soil contamination, impact on crops/production and other associated aspects of environmental damage. MPCB may consider compliance of stipulation under CTO after 2010 with reference to imposition of ZLD and liability to pay environmental compensation on polluter pays principle for restoration of environment. If the violations are still continuing, the State PCB may need to close the unit till compliance. For the past violations, for 5 years prior to filing of application and thereafter atleast till October 2020 compensation has to be levied which we quantify at Rs. 25 crores, following principles laid down inter alia in MC Mehta, (1987)1 SCC 395, Sterlite (2013) 4 SCC 575 and Goel Ganga (2018) 18 SCC 257. As per information in public domain, operative

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revenue range of the PP is Rs. 100 to 500 crores. Learned Counsel for the PP, on instructions, states that its turnover is Rs. 250 to 300 crores. CSR amount as per section 135 of the Companies Act 2013 is 2% of profit per year. Taking into account totality of circumstances, we determine liability of the PP for violations from 2012 to 2020 at Rs.25 crore which is 10% of the turnover for one year i.e. Rs. 250 crores or 1% of turnover for 10 years at that rate. This amount may be deposited with MPCB within three months for being utilized for restoration of environment, as per restoration plan to be prepared by the CPCB, State PCB, District Magistrate and Director, Agriculture Department, Maharashtra and nominee of Ground Water Department of Maharashtra within three months. The restoration plan may take into account decontamination of groundwater with duly approved process and contaminated soil remediation by amelioration, as considered appropriate. The State PCB will be the nodal agency for coordination and compliance. If any amount is leftover after restoration of adjoining area, the same may be utilized in accordance with the District Environment Plan of District Buldana. Compliance report shall be posted on MPCB website within six months.

16. If any grievance survives or arises in future, it will be open to the aggrieved parties to take remedies in accordance with law. The application will stand disposed of.

All pending applications will also stand disposed of. A copy of this order be forwarded to CPCB, State PCB, District Magistrate, Buldana, Director, Agriculture Department, Maharashtra and Secretary, Ground Water Department, Maharashtra by e-mail for compliance.

Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM Dinesh Kumar Singh, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM August 29, 2022

Original Application No. 124/2017(WZ) M.A.No.299/2017(WZ)

DV

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