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51st meeting held on 22-04-2005, Friday at 4.15 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor

Resolution 1 The committee deliberated on the rapid EIA and DPR on common TSDF proposed to be established at the premises of FACT at Ambalamedu. Scientists Mr.Chandramohan ,Mr. Madusoodanakurup and Mr.Sivasankarapillai attended the meeting also expressed that a local inspection of the site is necessary to evaluate the feasibility of the project. The committee resolved to have a local inspection of the proposed site with notice to KSIDC on 25th April 2005 at 3 pm.

52nd meeting held on 26-04-2005, Tuesday at 6.00 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor

Resolution 1 LAEC deliberated at its meeting held today on the Common Hazardous Waste TSDF proposed at Ambalamedu in the premises of FACT. The Committee members along with Experts in the field conducted an inspection of the site in the presence of the representatives from KSIDC, the nodal agency on 25th April, 2005. Officials of the PCB deputed to assist LAEC were also present. Resolved the following:

1. One major complaint against the site was regarding the population in and around the proposed site. The Committee could not find any appreciable population residing within a radius of 600 metres.

2. The proposed site comprises an area reclaimed by Gypsum dumped by FACT and

adjacent laterite land.

3. Down the site there is a vast extent of wetland with no cultivation. The lake and adjacent forest in the FACT premises are not affected by the setting up of TSDF since both these are at a safe distance of 500 metres.

4. The lie of the land is in a zig-zag manner. Having regard to the nature of land, the cost

of land development is likely to be very high, which may result in escalation of the project cost.

5. The test of soil conducted by the KSDIC is through taking samples from a small pit.

For a project like this, the sample ought to have been taken by boring.

6. A two-tier dyke to protect the area from the impact of fugitive loss of hazardous waste is essential. This is to be constructed with earth removed from the site and selected vegetation should be raised therein.

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7. The monsoon in Kerala stretches for more than half of the year. There must be temporary storage facility to store the hazardous waste before transferring to the TSDF after laboratory tests. The quantum of the hazardous waste for one year therefore, has to be initially assessed to decide the area required for temporary storage and its design.

8. The concept of covering the TSDF by tarpaulin or any such other material during

rainy season seems to be very theoretical and difficult to be executed. Detailed study has to be made and more sophisticated and practical solutions have to be found out to protect the site from heavy rains.

9. Kerala State Pollution Control Board being a regulatory body empowered under

various statutes to enforce law should not be a party to the project which is essentially floated by a company ie., Kerala Enviro Infrastructure Ltd. Involvement of PCB officials with the administration / constitution of the company either as a Director or in any other capacity will erode the confidence of the general public and also would create a situation of having no regulatory body to be made accountable for implementing control measures.

10. Air and Water Risk Assessment and Management have not been made in respect of

the proposed site. The flow of water is towards the down stream reaching the creek, which is affected by tidal waves. A detailed Environmental Risk Assessment (ERA) should be conducted on Water and Air pollution.

11. The project has not discussed the dust control facility. The quantity of waste to be

incinerated is 3000 tonnes per month. Such a huge quantity is bound to cause serious air pollution. Wind direction, its speed etc., are therefore matters to be studied in great depth before finalizing the project.

12. The compatible hazardous waste has to be identified with a transit storage.

13. The laboratory proposed should have NABL accreditation.

14. The waste being hazardous at every stage of its handling great care has to exercised.

15. To monitor the functioning of the TSDF, a committee of stakeholders like prominent

non-political person from local area; non-political NGOs; representatives from local bodies; scientists & experts from reputed institutions like CUSAT etc. have to be essentially involved by way of a participatory monitoring mechanism and effective implementation.

16. The concern of the community is that in the event of any unforeseen calamities and

untoward incidents, who would compensate the loss suffered on account of the operation of TSDF. A corpus fund therefore, has to be created which should be made at the disposal of the KSPCB for immediate utilization for relief and other contingent uses to cope up with all such situations. A fund of Rs. 5.00 crores to be ear-marked for this purpose and it should be deposited in a nationalized bank. A portion of this fund has to be utilized to provide community facilities and awareness on disaster preparedness.

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17. The Rapid EIA falls short of many important aspects such Risk Assessment & Management, Soil tests, Air and Water pollution, zig-zag nature of land, temporary storage of hazardous waste, risks during transportation, laboratory requirements, laboratory waste, inventory of hazardous waste, its density, compatibility of various hazardous waste, down stream contamination, drinking water contamination, strategies for combating heavy monsoon, dust and emissions etc. Cochin University of Science and Technology (CUSAT) is one such institution, which can be entrusted to prepare a detailed Environmental Impact Assessment & Environmental Risk Management study.

18. The best practices and best available technology in other places especially the Naroda

Eco Park facility should be studied in detail before finalizing the project and its design.

53rd meeting held on 03-05-2005, Tuesday at 5.15 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No. 1 Discussed the visit of SCMC members scheduled on 10-11th May 2005. Letter addressed to Mr.G.Rajmohan by Dr. Claude Alvaris giving details of their tour was read in the meeting. Mr.Farook Sait has been entrusted to follow up the matter with PCB and do needful conforming their travel and stay arrangements.

Resolution No. 2 Resolved to compile the minutes and reports with photographs taken at different stages of inspection and prepare five copies to be handed over to SCMC during their visit to Kochi on May 10th 2005.

Resolution No. 3 Resolved to inform The Secretary, Dept of Health and Family Welfare, The Director, Dept of Industries, The Executive Director, KSIDC about the visit of SCMC and request their presence for interaction with SCMC.

Resolution No. 4 Resolved to bring to the notice of SCMC the initiative taken by the District administration to clean up the Kuzhikandam thodu at the cost and expenses of industries such as Merchem, FACT, HIL, and IRE etc. Though many deliberations have taken place, there is absolutely no progress worth mentioning. It is hence desirable to have a meeting of the District Collector and Kerala State Pollution Control Board for expediting the cleaning process of Kuzhikandam thodu. The committee proposes to call the District Collector for a meeting with SCMC during their visit on 10th may, so that Supreme Court Monitoring Committee can issue appropriate direction to the District Collector. Interference of SCMC would certainly strengthen the hand of District Collector and will help to get good response from all industries without raising much technical objection.

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54th meeting held on 03-05-2005, Tuesday at 5.15 pm at Local Area Environmental

Committee Office, Kaloor Towers, Kaloor.

Resolved that the Report of the Public Hearing held on Saturday, 16th April, 2005 at Yuvajana Vayanashala, Eloor North to Enquire into the incident of fugitive emission reported at Eloor on 13/03/2005 given below is hereby approved:

(See the Public hearing , Page No.)

55th meeting held on 08-05-2005, Sunday at 4 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No. 1 LAEC noted that no steps have been taken to ensure round the clock effective functioning of the Site office at Eloor by providing sufficient staff and infrastructure including Lab facilities and vehicle for inspection. The matter is pending since 12/11/2004. The LAEC has passed several resolutions on the subject viz., Resolution of the 6th Meeting of LAEC held on 12/11/2004; Follow-up Resolution of the 18th meeting held on 21/12/2004; The assurance by Chairman, PCB to the LAEC in the meeting attended by him on 08/02/2005; Follow-up Resolution at the 43rd meeting held on 14/03/2005. In continuation of the earlier resolutions passed on the subject, the action reportedly taken by the Pollution Control Board is to appoint a peon and an Asst. Engineer and a typist. The committee is totally unhappy with the steps taken for these measures do not improve the situation. There is no Electricity, Telephone connection, Water connection and even no arrangement for a lady staff to function since it lacks primary facilities like toilet. No vehicle has been provided for inspection. There is no laboratory facilities . Even the facility to collect samples is not provided. The office has no typewriter though the office has a typist. There are no regular inspection of the various units in the Eloor / Edayar area from the site office. The office remains closed after 5 PM. The posting of staff serves no purpose except incurring additional expenditure. The recommendation of LAEC for 24 hours functional site office with a view to monitor the industries round the clock is to keep a check on the polluters. Even after six months of LAEC’s repeated demands to have a functional site office, KSPCB has not taken any serious action so far. The conduct is strongly disapproved. The Hon'ble High Court has directed both the Govt. and PCB to recruit sufficient staff. The negligence to comply by these directions amounts to contempt of Court. Primarily the location of site office itself has to be shifted. The present office is totally inadequate to house a functional site office. FACT has many staff quarters vacant as reported by one of the LAEC member Mr.Jayathilakan . PCB may approach FACT and get suitable quarter for housing a full fledged site office.

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Having regard to the number of companies and workload, the site office at Eloor Edayar must be upgraded on par with the Dist. Level office. This may be done on war footing failing the continued monitoring after the term of LAEC will be disrupted and may reverse the progress so far made.

Resolution 2 Chairman briefed the committee about the letter given to him withdrawing the nomination of Mr.Asokan from LAEC . The committee also discussed the letter of resignation by Mr.Asokan. The Chairman read the reply given to the Small Scale Industries Association Edayar and to Mr.Asokan. The committee approved the action of the chairman. The committee also discussed the Writ Petition filed before the Hon'ble High Court by Edayar Small Scale Industries Association challenging the continuance of Mr.Asokan in LAEC. The committee authorized the Chairman to take appropriate action to defend the matter.

Resolution 3 The committee resolved to update the website. A copy of the CD containing the interim report prepared for submission to the SCMC may be sent to the concerned person in charge of Website.

Resolution 4 Resolved to approve the reports of the following industries.

1. Abco Accumulators 2. St.George Industries 3. Hi-Tech Seals Pvt.Ltd 4. Arjuna Natural Extracts 5. Cochin Rubber Industries

56th meeting held on 20-05-2005, Friday at 12 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No. 1

Chairman ,Adv.P.K.Ibrahim brought to the notice of the committee the order passed by the Hon'ble Supreme Court . He stated that the Ministry of Environment and Forest, Union of India had moved an Interim Application No. 16/2004 in Writ Petition No. 657/95, (a Public interest litigation filed by Research Foundation for Science, Technology and Natural Resource Policy) praying for an order by the honorable Supreme Court that no High court/ authority will take cognizance or entertain any challenge connected with the implementation of its order dated 14.10.2003.

The Supreme Court in its order dated 14.10.03 requires closure of all Industrial units generating hazardous wastes, operating in violation of the Hazardous Wastes (Management & Control) Rules, 1989. Directions have also been issued to take actions against the units

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running in violation of Environmental Laws such as Air (Prevention and Control of Pollution)Act 1981, Water(Prevention and Control of Pollution)Act 1974, Environment Protection Act etc,.

The Union of India in the application filed before the Hon'ble Supreme Court stated that in compliance with the orders passed by the Supreme Court, when the State Pollution Control Boards (PCB) take actions against the industrial units at the instance of the SCMC, the aggrieved units approach the High Courts resulting in delay as well as violation and non-compliance of the order of the Supreme Court dated 14.10.2003. Instances of such interference by Kerala High Court and Gujarath High Court were cited as examples for causing delay in implementing the Supreme Court directions.

The Union of India therefore prayed that the Hon'ble Supreme Court may pass an

order so that the industrial units aggrieved by the order passed by PCBs in implementation of the Supreme Court Order dated 14.10.03 should approach only the Supreme Court and no High Court or Authority shall take cognizance or entertain any challenge connected with the implementation of the order of Supreme Court dated 14.10.2003.

The Hon'ble Supreme Court in the above application filed by the Ministry of

Environment and Forest, Union of India, passed the following order on 09.05.2005. “Having heard learned counsel and perused the records we direct that no court or authority shall take cognizance or entertain any challenge connected with the implementation of the order passed by this Court on 14.10.2003”.

In view of the above order the committee resolved that the order of the Supreme Court dated 9-5-05 should be brought to the notice of Hon'ble High Court by way of an affidavit and petition producing the order of the Supreme Court in all the cases pending and in fresh matters coming for admissions challenging the order of the Board issued pursuant to the recommendations of the LAEC/SCMC . The Board is requested to instruct the counsel to do the same promptly and get vacated the interim orders securing the dismissal of the pending Writ petitions .

Resolution No. 2 The committee further resolved to request the Pollution Control Board to instruct its Standing Counsel in the High Court to furnish all details of the writ petitions challenging the orders of the Pollution Control Board which has direct bearing with the implementation of the order of the Supreme Court dated 14-10-2003 in relation to Eloor –Edayar area to LAEC and the Court before which the matter is reaching for admission /hearing with a copy of the writ petition / petitions so filed. This is necessary for LAEC to follow up and keep track of the developments in the case.

Resolution No. 3 It is resolved to address complaint against the JNM Lakshmi Hospital and the Dr. K.V. Nair, Medical Superintendent for taking action in pursuance to the enquiry report on the fugitive emission from Merchem Ltd Eloor on 13-3-2005.

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57th meeting held on 26-05-2005, Thursday at 5.15 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No. 1

Resolved to hold a meeting of Bone meal units in Eloor -Edayar industrial belt to discuss the problem of air pollution from their unit. And to give directions to implement regulatory measures to content air pollution which is primarily on account of extracting tallow from bones and keeping raw bones in open space. Mr.Jayathilakan Hon'ble member of LAEC will make a study and suggest measures that can be placed for consideration of the Bone meal units to content pollution. Mr.Farook Sait convenor LAEC will also join Mr.Jayathilakan and will prepare a write up containing measures to the committee for discussion before these suggestions are finally put to the units. Meeting would be held on at 1st June 2005 at 5 pm .at LAEC office. Notice will be sent to the units tomorrow itself.

Resolution No.2 Chairman placed before the committee a copy of the letter marked to him by the Edayar Small Scale Industries Association .The letter is addressed to LAEC member Mr Asokan informing that his membership from the association has been cancelled with immediate effect. LAEC member, Mr Asokan was asked to give a brief statement of the allegations against him that led to the passing of the resolution by the general body. According to Mr Asokan the allegation against him is that he passed wrong information about 3 - 4 small scale industries for being closed and that he is instrumental in protecting big industries. The letter marked to the chairman also states that there are complaints against him for continuing in LAEC as a nominated member of ESSIA. Since the deliberation at the meeting pertained to Mr.Asokan, he abstained from the meeting while this matter was being further discussed. The committee unanimously expressed its full confidence and faith in Mr Asokan’s untiring efforts to contain pollution in Eloor-Edayar industrial belt causing less discomfort to the industries including the one he represents. He has been always acting without fear and favour in the committee, upholding the objects of the committee. As a fearless person, without any favour or bias towards or against anyone, Mr. Asokan has served LAEC with absolute integrity. This might have offended some of his association members who have considered the LAEC a sore in their eye. The genealogy of the controversy can be traced thus. Mr. Asokan’s term as Secretary of the Association ended on 26/04/05. Even before handing over the charge the newly elected body under the chairmanship of Mr George (who is the Managing Director of Merchem Ltd Edayar, a sister concern of Merchem Ltd Eloor- a unit which was closed down under the recommendation of LAEC) met on 27-4-05 ie. the very next day of its election, passed a resolution withdrawing his nomination from LAEC.

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LAEC objected to the withdrawal stating that prior consent must be obtained from SCMC. The association did not approach the SCMC with any serious misconduct justifying withdrawal of his nomination to LAEC that bring disrepute to the association or any charge acting against the proclaimed object of the association. The only charge against him is that he failed to protect the erring units, who are members of his association. The charge against him that he was instrumented for closure for 3 - 4 small scale units is absolutely baseless and most unfortunate. LAEC does not function on the opinion of one or two members. It deliberates issues and considers each issues on its merit. A common consensus is evolved after thorough deliberations. Each and every member in the LAEC has therefore plays a constructive role which perhaps may be offending some stakeholders who may be reluctant to respond to changes. It is most disheartening that a responsible organization like Edayar Small Scale Industries Association is victimizing one of its founder member for acting impartially in LAEC. This conduct demonstrates the association short sightedness and lack of environmental commitments . LAEC therefore resolved to disapprove the victimization of its member, Mr. Asokan by the ESSIA. Keeping in view of Mr. Asokan’s contribution and constructive role being played by him and also in the interest of ensuring continuity of the monitoring task, it is necessary for Mr. Asokan to continue to be a member of the LAEC. The Committee therefore, unanimously requests SCMC to permit Mr Asokan to continue as a member of LAEC and any request to re-nominate another person as a representative of association be rejected. It is pertinent to mention that the ESSIA has already approached the Hon’ble High Court challenging the continuance of Mr. Asokan in the LAEC.

Resolution No.3 Resolved to have a meeting with tannery units on 28-5-05 at 9.30 am

58th meeting held on 28-05-2005, Saturday at 9.30 am at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No. 1 Resolved to inspect TMS leathers to ascertain the efficiency of the chromium recovery plant newly established by the unit. The unit propose to have a roofing before monsoon. It is proposed that roofing would be complete with in 10 days. Unit was represented by Mr.TM Shajahan. (TMS). Cochin Leathers represented by Mr.T.S.Viswanathan submitted a representation that he has completed almost all the directions issued to him in the show cause notice issued after the visit of LAEC and that he would submit detailed work plan stage by stage regarding the establishment of chromium recovery plant or in alternative the setting up of temporary storage facility to store hazardous waste in dry form. The unit was cautioned that the necessary

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arrangement for the treatment and disposal of hazardous waste generated from the unit with in a short time should be made failing which action including closure will follow. Kairali leather represented by Mr.Joseph Joseph submitted that he propose to dispose off the sludge containing Chromium by sending to Pondichery and that he has sludge containing chromium upto 10 tonnes only per year. The unit was called that either the unit must have chromium recovery plant or temporary hazardous waste storage facility which should be setup shortly. The unit requested time upto 4–6-05 to submit a work plan for regulating the hazardous waste generated by the unit. The committee has granted time to the units namely M/s Kairali Leather and M/s Cochin Leather for setting up adequate treatment and storage facility or to set up ETP for recovering Chromium. The span and conditions will be decided after the receipt of work plan by the units.

59th meeting held on 30-05-2005, Monday at 5.30 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No. 1 Discussed the reports of Indo German Carbons Ltd.Edayar, Sterling Industrial Chemicals and Allied Industries Pvt.Ltd, Edayar, Premium Ferro Alloys Ltd, Edayar and approved the draft .

60th meeting held on 01-06-2005, Wednesday at 5 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No. 1 A surprise inspection of Merchem Ltd Eloor was conducted by the members of LAEC along with the official of PCB. The inspection was conducted based on the information received from a local person that he saw green coloured effluent being pumped through a flexible hose to the open land near the newly setup hazardous waste storage place. The members who inspected the unit found the bushes in the open yard being completely dried in patches. These patches contain black colour effluent. There was a small pit in that open land where black coloured liquid found in small quantity. Samples is taken from the said pit. Similar and identical phenomenon was seen on the back side of the canteen building. Sample from that area was also collected. The members could seen green colour raw effluent stored in tank A. Sample from this effluent is also taken for analysis. The inspecting team questioned Miss. Prasanna who was deputed by the PCB for monitoring the Unit. She could not explanation as to why the discharge of effluent into open land was not informed to the PCB. It is rather disappointed to note that the persons deputed for monitoring the Unit is totally ineffective and even the PCB was not informed about the happenings in the Unit. LAEC have to depend outside sources for correct information on the activities happening inside the unit.

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The Unit has claimed Zero discharge during the last visit of LAEC along with members of PCB and Dr.Sharma representing CPCB. The success and failure of the evaporator system is yet to be ascertained . It is reliably understood that the entire raw effluent is not being taken to evaporator for treatment. Raw effluent is being discharged into the open ground. The samples collected from the premises has to be analyzed in the central laboratory and in the event of report of the samples taken from the land matching with the raw effluent sample taken from Tank A , the unit should ask to explain why raw effluent has been dumped in open land. The raw effluent contain hazardous waste which could be removed only by proper treatment. Dumping hazardous waste in open land is an activity which cannot be permitted at any cost. The committee adjourned deliberation on this matter further for getting the Lab report of the Samples.

Resolution No. 2 Various Bone meal industries attended today’s meeting which was called to discuss the problem relating to their Units. Chairman, LAEC have unequally told the units that the Units cannot be allowed to function in the manner as it is now being done and that which ever unit fail to content air pollution will be closed. The industries collectively requested for time to implement certain measures to control the odour nuisance . The Units have undertaken to give a proposal by 4-6-2005. This matter will be further discussed after receipt of their Proposal .

61st meeting held on 02-06-2005, Thursday at 3.30 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No. 1 The committee discussed the various action taken by Minar Chemical Industries pursuant to the closure order issued by the Pollution Control Board as a follow up of recommendation made by LAEC. The concealed discharge pipe laid by the Unit has been removed . The unit also claims to have informed the Board that they do not intend to manufacture precipitated Silica in the unit. The Unit has also reported that they have already written to the Pollution Control Board to delete the precipitated silica from the list of products manufacturing by them. In the circumstances the committee, having regard to the various steps taken by the Unit, resolved to recommend to the board to withdraw the order of closure after satisfying itself about the improvements made by the unit to contain pollution. The unit being under closure order, it is expected that the Board will ensure speedy action to close the file and permit the unit to function in accordance with the law.

62nd meeting held on 03-06-2005, Friday at 3.30 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No. 1

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The Committee discussed the problem relating to the dumping of hazardous waste to Kuzhikandam Thodu by various companies like FACT, HIL, Merchem etc. The deliberation focused on the concern of the committee that how the companies could be stopped discharging untreated effluent into kuzhikandam thodu by an effective monitoring. Kuzhikandam thodu is a public thodu, through which old companies like FACT and HIL have been discharging trade effluent. In the meanwhile, Merchem Ltd., started, which is the recent unit among all the industries discharging effluent into Kuzhikandam thodu. With the operation of Merchem Ltd., the complaint from the public got accelerated against the discharge of untreated effluent into Kuzhikandam thodu. This was more because of the toxic & piercing nature of the odour of the effluent from Merchem. The premises of Merchem Ltd. situate adjacent to kuzhikandam thodu, which is on its southern boundary. Of the two sides of the thodu, one side is having the compound wall of HIL. The other side remains open without any compound wall separating the kuzhikandam thodu and Merchem premises. However, on the western side of Merchem boundary, the Unit has constructed a wall across the thodu thereby preventing access to that portion of kuzhikandam thodu, which is on the southern boundary of Merchem Ltd. By constructing this wall, both public and the Pollution Control Board have lost direct access to kuzhikandam thodu and to enable the PCB to take samples from different points of kuzhikandam thodu situate on the southern boundary of Merchem Ltd, without entering the compound of Merchem Ltd. This has helped this Unit to go scot free and perpetuate their illegal activity from the sight of public as well as regulatory agencies. The complaint of the public regarding the construction of wall blocking their access to the kuzhikandam thodu remains unattended despite various instances of dumping of raw effluent containing hazardous waste being noticed by the Board. In order to have an effective monitoring of the thodu and protect it from dumping hazardous waste for the future, the Committee is of the opinion that Merchem Ltd., Eloor should be directed to forthwith demolish the wall constructed across the kuzhikandam thodu in its western boundary and allow access to the public and regulatory agencies for inspection of the thodu flowing on the southern side of Merchem Ltd. The access to the thodu all along its full length is necessary for removing the hazardous waste already dumped by various units and for its remediation. The Board therefore, should issue orders for demolition of the wall constructed across the kuzhikandam thodu within a period of one week, failing which the Board shall demolish it and the cost of which will be recovered from the Company. The action taken to be reported to the SCMC, with a copy to LAEC immediately thereafter. Resolution no. 2 The discharge of untreated trade effluent by FACT to Kuzhikandam thodu at its starting ie., on the eastern boundary of Merchem Ltd. The thodu is flowing towards west along the southern boundary of Merchem. Kuzhikandom thodu is a public thodu. Of the one side of this public thodu, HIL has constructed a compound wall. On the other side of the thodu which is the property of Merchem Ltd is left open. The trade effluent from FACT reaches Kuzhikandom thodu from the compound of HIL. The trade effluent of HIL and FACT gets mixed somewhere in the middle point of the drain inside the HIL compound. This drain flows towards Kuzhikandam thodu. The trade effluent of Merchem Ltd., Eloor also joins at Kuzhikandam thodu at the eastern boundary of Merchem Ltd. The effluent of these industries further run towards west and reaches Unthithodu. The three industries, which discharges

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effluent to Kuzhikandam thodu are chemical industries of which one is manufacturing pesticides. The chemical reaction of the trade effluent joining Kuzhikandom thodu causes often colour changes. Taking advantage of this confluence of effluents at Kuzhikandam thodu in southern boundary of Merchem Ltd., the companies could easily disown their illegal activity by laying blame on each other. The confluence of effluent has resulted in the effluents from various companies losing its separate identity. It has therefore become difficult to identify the role of each company in polluting Kuzhikandom thodu. The committee found on its inspection, the discharge of point of HIL at kuzhikandom thodu . In fact under the consent order, the point of discharge of treated effluent for HIL is at Unthithodu. The discharge of effluent by HIL to Kuzhaikandam thodu is thus illegal and unauthorised. HIL should therefore be directed to shift its discharge point to Unthitodu forthwith. The trade effluent of FACT is being allowed to be taken across the premises of HIL for its discharge to Kuzhikandom thodu. However on inspection it is found that the trade effluent of FACT converge with the effluent of HIL somewhere in the middle of the drain inside HIL premises and from there both the mixed effluent flows to kuzhikandom thodu. This practice is totally unapproved and unacceptable. The trade effluent of one industry should not be allowed to get mixed with the trade effluent of another thereby losing its separate identity and making it impossible to collect samples. The trade effluent of the FACT which is allowed to be taken through the premises of HIL should not be allowed to be mixed with the trade effluent of HIL till the point of its discharge at Kuzhikandom thodu. Both FACT and HIL should see to it that separate pipeline / drainage is provided for their respective trade effluents to reach kuzhikandam thodu and unthithodu respectively, which is the authorized point of discharge. Pollution Control Board shall issue appropriate direction to these respective companies and the illegal activity as mentioned aforesaid shall be brought to halt forthwith. Resolution no. 3 The meeting also finalized the report of the following units:

a. AES Industries b. Cochin Fertilisers c. Neptune Readymix Concrete (P) Ltd.

63rd meeting held on 04-06-2005, Saturday at 5.00 pm at Local Area Environmental

Committee Office, Kaloor Towers, Kaloor. Resolution no. 1

The following bone meal units are operating in the Eloor – Edayar industrial belt:

1. Sigma Fertilisers 2. Yeoman Bone and Alied Products 3. Nelkadir Bone Industries 4. Kaveri Bone Industries 5. National Industries

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6. AES Industries 7. Cochin Fertilisers

On inspection of these units, the scene was very horrifying. The inspection team could not go near to these units due to unbearable foul smell caused by the decay of bone / flesh. The officers of the PCB accompanying the team and one of our member, Mr. Jayathilakan some how managed to enter into all these units and found accumulation of worms and flies inside the units at many places caused by decaying raw material for want of proper storage and house keeping. There is a huge backlog of raw bones, collected over a period of 15 days or more lying in these units without proper confined storage. This heap of raw bones is causing health hazards and great odour nuisance in the entire area giving rise to consistent complaints from the adjacent units / local community. The nuisance from these units have to be taken serious note of. It is being caused on account of their failure to de-grease and process the raw bones on the same day of its arrival. The de-greasing process takes place not on first come first basis. The consent conditions though stipulates that the raw bones brought to the Units should be processed on the same day itself, it has been found observed in breach. The violation of this consent condition makes the ambient air unfit for human habitation. In order to ensure the compliance of the condition in the Consent such as de-greasing and processing of the raw bones on the same day of its arrival and to avoid odour nuisance caused by these units, it is necessary to have a stringent measure requiring the units to provide a Bank Guarantee (within 7 days) ranging from Rs. 2.00 – Rs. 5.00 lacs depending on the size / turnover of the Units for strict compliance of consent conditions imposed to control odour nuisance within one month’s time. The Bank Guarantee shall be forfeited, if the Unit is found violating the consent conditions. This recommendation is made in the light of the suggestions made to LAEC by the Supreme Court Monitoring Committee (SCMC) for ensuring compliance of environmental laws by the Units found to be violating the same with impunity. Resolution No. 2 Committee unanimously endorsed the Report on Human Resources & Infrastructure issues in the KSPCB. Resolution No.3. The committee resolved to depute Mr.Jacob.v. Lazar, Mr.Purushan Eloor and Mr. M.Asokan to attend the meeting organized by the Pollution Control Board on the eve of World Environment day celebrations. Dr.Claude Alvaris, Member , Supreme Court Monitoring Committee may be invited to Kochi for attending the meeting convened to discuss the problem of Bone meal units on 6-6-05.

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64th meeting held on 06-06-2005, Monday at 11.30 am at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution no. 1

This meeting is being convened to discuss the odour nuisance of Bone meal units in Eloor-Edayar belt. Dr.Claude Alvaris , Member ,Supreme Court Monitoring Committee was the special invitee. Chairman, Adv.P.K.Ibrahim welcomed the Chief guest Dr.Claude Alvaris . He briefed about the various steps taken by LAEC and emphasized the need for proper guidance to various Bone meal units to transform them as a model for such industries elsewhere. Dr.Claude Alvaris stressed the need for modernizing the bone meal units in the context of changes taking in all fields of human activity . He promised all assistance including expert advise to the units ready for change. He stressed the need to arrest the odour nuisance within the outer limit of three months failing which he cautioned that the defaulting units will have to face closure order. The Bone meal units agreed to bear the expenses for getting the assistance from expert and requested LAEC to take initiative for arranging experts for technical advice.

65th meeting held on 10-06-2005, Friday at 5.30 p.m at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No.1 The committee discussed the lab report of the samples taken from Merchem Ltd, Eloor on 01.06.2005. The samples taken from the pit near Hazardous Storage Place, from the rear side of Canteen, Polishing pond (the tank to store treated effluent) and of Raw Effluent Tank A, show the parameters of BOD,COD,SS,TDS,Iron,Chlorides, Sulphate etc all beyond the tolerable limits. Lab Report is attached. According to the reliable source of information, the unit is not taking the entire trade effluent into evaporator for treatment. It takes raw effluent in to the polishing tank and under the guise of reusing the treated effluent of the polishing tank; the effluent from the polishing tank is discharged into the open land. The zero discharge clamed by the unit is thus made a mockery. The lab reports of the sample collected from pit and polishing tanks substantiate this information. It may be recalled that the unit was issued with a closure order after having caught red-handed for discharging untreated effluent into Kuzhikandom thodu by deceptive operation of effluent treatment system. Right from the trial of the company, there is complaint from public against the unit for discharging untreated effluent. The unit has successfully managed to overcome all the action against it by taking some actions to make it appear that it has rectified irregularities. All such measures taken by the unit has been proved without any earnestness. There is total lack of bonafides.

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The claim of zero discharge has now relieved the company from obtaining consent under the Water (Prevention and Control of Pollution) Act 1974. The company is now discharging a major quantity of raw effluent into the open land maintaining the effluent treatment system for zero discharge for a minimum quantity of effluent only so as to make it appear that the company is observing zero discharge .The officer deputed in the company for monitoring by the PCB is found to be ineffective. The new system introduced by the company needs to be closely monitored continuously round the clock at least for two months. By such monitoring alone, one can assess the total physical quantity of the product, the total quantity of the effluent generated each day, the total capacity of the Effluent treatment system of zero discharge and the total quantity of sludge generated each day in order to assess whether the Zero discharge system is functional and financially feasible so as to avoid clandestine discharge of untreated effluents. To undertake this exercise, one must admit that the PCB has no sufficient staff strength on its roll. LAEC is of the opinion that 6 persons (at the rate of 2 persons per 8 hours) have to be engaged for supervising and monitoring the unit for two months under its supervision. This should be in addition to the monitoring of the Board. Appropriate order can be issued in the light of the monitoring report of this unit by LAEC. The company, having adopted ETP of zero discharge as claimed by it, simultaneously should be asked to execute a bank guarantee of Rs 10 lakhs for being forfeited in the event of resorting to any illegal discharge of untreated effluent into open land. It appears that companies claiming zero discharge resort to discharge of raw effluent with impunity. The instances of M/s.Sree Sakthi Paper Mills and Merchem Ltd. are pointer to this fact. From the experience of LAEC, it is felt that companies claiming zero discharge must be bound by bank guarantee for observing zero discharge failing which they will make the regulatory machinery a mockery. LAEC requests for immediate action against Merchem Ltd, Eloor taking into account the track record of this unit. Source : Merchem,Eloor. Date of sample collection: 1-6-05; Ref. No. LAEC/CL/05 Date of Sample Report : 10-6-05. Sample No: LAEC 195(Premises near the TSDF (discharge on grass)),LAEC 196(Drain from FACT and IRE inside merchem compound),LAEC 197(Polishing pond),LAEC 198(Raw tank No.A),LAEC 199(Effluent near canteen outlet.), Name of the Lab : Central Laboratory, Gandhi Nagar.

Value Sl. No.

Determinant Unit Sample No.

LAEC 195

LAEC 196

LAEC 197

LAEC 198

LAEC 199

1 pH 6.5 5.6 9.3 12.8 8.6 2 BOD mg/l 90 12 108 568 198 3 COD 960 96 1232 7120 2400 4 SS 977 196 132 664 825 5 TDS 9872 792 1896 9970 4690

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6 Zinc ND ND ND ND ND 7 Iron 174 11.8 1.4 18.7 42.6 8 Chlorides 300 140 120 1400 2000 9 Sulphates 4000 550 750 700 450 10 Manganese 165 39 ND ND ND 11 Phenolic Compounds 1.2 ND 2.3 2.5 1.5 12 Colour hazen 640 20 40 3200 2000 Resolution No.2 Resolved to approve the reports of the following Units.

1. Periyar Polymer Products, Edayar 2. Neelima Chemicals, Edayar 3. SS Chemicals, Edayar. 4. Milton Rubbers, Edayar 5. Mark Rubber Products, Edayar 6. Mark Polymers, Edayar. 7. Mark Pre-treads, Edayar 8. Chemi tech Engineers

66th meeting held on 14-06-2005, Tuesday at 7.00 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No.1 Resolved to approve the report on Merchem Ltd, Eloor.

67th meeting held on 16-06-2005, Thursday at 6.45 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No.1

The LAEC members Mr. Asokan and Mr. Purushan Eloor along with the officials of Pollution Control Board Smt.Chitrakumarri.D,EE, Mr.K.S.Soman. AEE, Mr.Shanvas, AES, and Mr.Baburaj .P.K, AEE and Smt.Vandana Babu, AE inspected M/s Sree Sakthi Paper Mills on 9-6-2005.

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During the inspection the team found a person pumping hot raw effluent into the pits seen dugged in its premises. The ETP was not functional. The untreated effluent was pumped using flexible hose. Simultaneously, through different PVC pipeline effluent was being discharged in to the open land from where it flowed through a concealed pipe into the drain of a public road ultimately reaching in Periyar. The pumping was abruptly stopped seeing the inspecting team. The scene was photographed for recording the state of affair noted by the team. The inspecting team has collected samples from various pits and is given for lab analysis. The report is awaited. The inspecting team prepared a mahazar of the scene noted by them at the time of inspection that is signed by the Works Manager of the unit Mr.Jayakumar. The incinerator found in the unit is totally inadequate and seems to be not complying the norms of the PCB. The house keeping is thoroughly poor. Paper pulp is seen scattered everywhere, inhibiting one to walk through. The concealed PVC pipes laid across the premises which is said to be for draining storm water is suspicious. . It is believed that these pipeline is used for discharging trade effluent.

The unit is not having consent under Water(Prevention and Control of Pollution)Act 1974 . The boiler ash is kept openly and is likely to carry by the wind or through water .

It may be recalled that in the previous two inspections by the LAEC in this unit on 22-11-2004 and 17-4-2005, the unit was found indulging in the similar illegal activity and the unit was warned with dire consequences if such activity is found repeated. Sree Sakthi Paper mill is a unit that claims to have zero discharge effluent treatment system. Under the pretext of the said claim the unit has not obtained any consent under the Water (Prevention and Control of Pollution)Act 1974.The unit has forfeited the confidence of the committee for the reason of having violated its promises made at the time of detecting such illegal activity. The unit is a medium scale industry. It consumes huge quantity of water. The effluent is also in huge quantities. The Effluent treatment system that claims to attain zero discharge is found not operating at all occasions of LAEC’s inspection. By discharging untreated effluent, the unit has violated Environmental Protection Act and Water (Prevention and Control of Pollution) Act 1974. The letter dated 10.06.05 addressed to the chairman, the unit has tacitly admitted that the zero discharge system of the unit is not functional and the unit must be given two months time “to eliminate the irregularities” and that the unit has “appointed a consultant namely M/s. Enviro cum Laboratories, Kalamassery”. And that “they are preparing a detailed scheme to overcome the irregularities noted I the zero discharge system and to make the same more effective”. Having regard to the repeated instances of illegal discharges by the unit and found violating the provisions of the Environmental Protection Act and the fact that the unit is not having an adequate system to treat the effluent, the unit should be directed to bring down its production forthwith and be permitted to function in a phased manner only subject to following conditions.

1. Assess the capacity and efficiency of the ETP now available in the unit and depending on its efficiency allow the unit to run to take such quantity of production that generate effluent proportionate to the capacity of the existing ETP.

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2. The unit should be asked to execute a Bank Guaranty of Rs 5 lakhs and an undertaking that it shall not discharge untreated effluent in to the open land.

3. The unit should be directed to make zero discharge system functional within 45 days.

4. The unit should be allowed to take full production only after it establishes effective zero discharge system.

5. The unit should be asked to furnish bank guarantee of Rs.5 lakhs which shall be forfeited in the event of illegal discharge after the operation of ETP of zero discharge.

6. The unit should install an incinerator conforming the norms of the Pollution Control Board.

7. The unit should be directed to dismantle the PVC pipe used for rain water drainage and asked to provide an open drainage.

8. The Unit should keep boiler ash in a confined area protecting it from wind and rain.

9. The ash generated by the burning of plastic waste in the incinerator should be removed to secured landfill.

10. At present the plastic waste are kept in open land near Periyar without confining to any particular room with a roof, protecting it from being escaped into the river Periyar .

11. The Unit has to improve its house keeping. 12. Green belt not seen provided. The units should be directed to grow fast

growing and long lasting trees all along its boundary.

68th meeting held on 18-06-2005, Saturday at 3.30 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No.1

LAEC during its surprise inspection at Binani Zinc Ltd on 2nd December 2004 detected an illegal outlet in the premises of Binani Zinc Ltd. A report of the said inspection was forwarded to Pollution Control Board recommending the action to be taken against the said the company. Among the recommendation include direction to dismantle the illegaloutler provided underground and direction to remove the sludge collected at the point of outlet and got accumulated in the surrounding land. The unit has come forward with a sketch and plan of the outlet and has requested for regularizing the outlet exclusively for discharging rain water. The route of the drain as seen in the sketch is passing through the side of jerosite pond. The jerosite pond is not provided with any roof. During rainy season this pond which is like a lagoon may flood and the supernatant is likely to escape to the land by overflowing .According to the company the supernatant during rainy season will be discharge only after treatment . Assessing the capacity of the ETP it is very hard to believe that the entire supernatant in the jerosite pond could be treated before discharge. Be that as it may the company’s request for regularizing the outlet as drain water cannot be brushed aside. However while regularizing the drain as rain water outlet sufficient safeguard must be taken to ensure that the outlet is used for any illegal activity including for the discharge of untreated effluent and the supernatant from jarosite pond.

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The drain provided by the company for rain water discharge has no delay pond . Therefore there is no mechanism to ascertain whether the water discharged is rain water or pollutant effluent . The company should therefore be directed to provide a delay pond of minimum 2.5 metre height to hold the water discharged through the drain. The water to the delay pond should be discharged through a bend pipe up to the length touching the bottom of the delay pond The sewage drain connecting to the drain water drain should also be provided with a delay pond before it is taken to join the rain water drain at the down stream of the delay pond of the rain water drain. The delay pond should be emptied during non-rainy season. Granite rubles may be put up to 3/4th height of the delay pond. The rainwater drainage shall not be allowed to be used for discharge of any other effluent. The company should be directed to execute a bank guarantee of Rs.10,00000/-(10 lacs) to be forfeited in the event of discharging effluent containing pollutant through the rain water drain . Resolution No.2 Resolved to approve the reports of the following industries.

1. Sterling Industrial Chemicals and Allied Industries Pvt. Ltd, Edayar 2. Sri Srinivas Roller Flour Mills Pvt. Ltd., Edayar. 3. Shalimar Polysacks, Edayar. 4. New Kerala Rubber Udyog. & New Kerala Polymers , Edayar. 5. Macfield Beverages (India ) Pvt. Ltd 6. Kunnath Chemicals Pvt Ltd, Edayar. 7. Kumarsons wire products, Edayar

69th meeting held on 25-06-2005, Saturday at 1.30 pm at Local Area Environmental

Committee Office, Kaloor Towers, Kaloor. Resolution No.1 The LAEC discussed the modalities for environmental audit to be conducted at FACT. FACT has three units in the Eloor Area viz., a Complex Fertilizer Unit, Petrochemical Division and Ammonia Plant Mr. P.K. Ibrahim, Chairman solicited the views of all the members and after detailed deliberations it was unanimously resolved as under:

1. Environmental audit at FACT is an onerous task considering the size of FACT and the complex nature of its operation / production processes.

2. Environmental Audit incl. Mass balance at FACT requires assistance of experts from the fertilizer industry over and above the Panel of Experts / officials of PCB assisting the LAEC. It was therefore decided to seek the assistance of experts from the Fertilizer Association of India (FAI) or such other institutions / agencies.

3. The cost towards this shall be borne by FACT.

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4. LAEC along with the officials of PCB shall initially inspect FACT and draw out a terms of reference for the external expert from the fertilizer industry to advise LAEC.

Resolution No.2

It is brought to the notice of LAEC that there is some delay in reaching the reports of LAEC at all concerned offices of the Pollution Control Board which cause delay in taking action on the reports. Taking note of this aspect, which is brought note to the notice of LAEC by the Convenor, the committee resolved to send copies and the reports to head office and also to Regional office Ernakulam simultaneously while forwarding the reports to SCMC. Resolution No.3. Sigma Fertilizers is a bone meal unit under closure order. This unit may also be given three months time further to implement pollution control measures as in the case of other similar units that are permitted to continue its operation as per the time schedule of the Supreme Court Monitoring Committee. The committee resolved to recommend to the PCB to keep in abeyance the closure order till then. Resolution No.4 Sulfiyath N.P who was appointed as engineering assistant in the office has been relieved from duty with effect from 31-5-05. In the consequent vacancy the application of Miss. Prathibha. V.Nair. Who has worked as a graduate apprentice with Pollution Control Board during 2002-2004 has been considered by the Chairman LAEC. She was asked to join office with effect from 21st June 2005. Miss. Pratiba. V.Nair.has been appointed on a consolidated pay of Rs. 4500 per month. Her appointment is purely provisional. The decision of the Chairman stand endorsed by the committee. Miss. Pratiba. V.Nair shall be required to attend the office on holidays as and when requested and at times even beyond office hours depending on the urgency of works. Resolution No.5 Resolved to approve the reports on following Industries.

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1. Pazhumadathil paints, Edayar 2. Thamarachalil Polymers,Edayar. 3. Surya Rubbers, Edayar 4. Alwaye Fibre Industries,Edayar 5. Lakshmi Chemical Industries, Edayar. 6. Welcome Enterprises, Edayar. 7. Microtrol Sterilisaton Services Pvt.Ltd, Edayar 8. Eminent Composites Pvt Ltd, Edayar 9. Harisree Technically Specified Block Rubber Pvt. Ltd, Edayar. 10. Cochin chemicals Industries

70th meeting held on 29-06-2005, Wednesday at 6.30 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution no. 1 Mr. Purushan Eloor, Member LAEC reported that an incident of fugitive emission on 26-6-2005 at Eloor Vadakumbagam where a public sector undertaking namely FACT Udyogamandal situate. Huge white smoke spread around the area caused severe discomfort for breathing, throat irritation and vomiting sensation to the residents of Kanjirakuzhi and its northern area of Eloor Panchayat. The fugitive emission is believed to be from FACT and, by the description of discomfort felt to the people, the fugitive emission contained sulphur dioxide and sulphuric acid mist. The smoke burned even the leaves of the trees. Some residents were treated in the Primary Health Center, Eloor. The reported fugitive emission was duly informed at the office of the Pollution Control Board Ernakulam. LAEC members Mr. Purushan Eloor, Jacob.V.Lazar and official of Pollution Control Board Mr. K.S.Soman AEE inspected the affected area and took statements from the residents on the incident. The report of the inspection is read over in the meeting and is made part of this proceeding. The committee deliberated on various aspects of the incident and expressed its anxiety on the lack of arrangements for attending to such incidents, which is part of the comprehensive chemical disaster management. The committee has been alerted on the fact that despite Eloor-Edayar industrial belt being an area with number of chemical industries dealing in hazardous chemicals, a program for chemical disaster management is indispensable and the same is yet to be evolved. The district administration, Factories and Boilers and Pollution Control Board should evolve a scheme for chemical disaster management for Eloor - Edayar and periodical review is to be made. The residents of Eloor –Edayar should also be educated and necessary training be given. Committee resolved to approach the district collector and seek his indulgence for constitution of such a body. Mr. Purushan Eloor and Mr.Asokan are authorized to meet the collector and to follow up the matter.

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Resolution No. 2 Resolved to approve the reports of the following industries.

1. Valiyaparambath Industries 2. V. J. Rubber Industries. 3. Cochin Rubber Complex 4. Njavallil Latex Pvt. Ltd.

71st meeting held on 30-06-2005, Thursday at 4.00 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

This meeting was arranged to take stock of the actions taken on various reports of the committee forwarded to the Board. Chairman Mr. Raj Mohan was a special invitee to the meeting. Chairman Adv.P.K Ibrahim briefed the inspection conducted by the committee in bone meal industries and stressed the need for enforcing environment laws on bone meal industries which cause serious concern to the environment also. Responding to the briefing Mr. Raj Mohan chairman PCB assured the committee that the Board will stick to the time frame of the Supreme Court Monitoring Committee and the bone meal industries on being failed to implement adequate pollution control measures the Board will issue closure orders. Chairman Mr. Raj Mohan instructed Convenor Mr. Farook Sait that if the units against which closure order have been served are still functioning,steps to enforce the order must be taken immediately. Regarding the directions to Merchem Ltd Eloor to open the Kuzhikandam thodu to public by demolishing the compound wall, he stated that as soon as directions from SCMC in this regard reach the board, the board would promptly act. The chairman also issued instructions to the Convenor to make the facilities available for resuming air monitory by LAEC.

The chairman LAEC handed over the compilation of the reports finalized after SCMC’s visits in may 2005.

72nd meeting held on 9-7-2005, Thursday at 3.00 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No.1 LAEC members as part of the stack monitoring inspected FACT, Udyogmandal along with the officials of PCB viz., Mr. K.S. Soman, Asst. Environmental Engineer; Mr. K.V. Shanavas, Asst. Scientist on 8th July, 2005 at 12:30 p.m. The inspecting team before arriving at FACT had received complaints from local people including industrial workers regarding suffocation, chest congestion etc., as a result of serious fugitive emission, which was found visible in areas near Sud-Chemie, Binani Zinc Ltd., Njavallil Latex and other areas in the Edayar industrial belt. A survey conducted by the inspecting team in these areas revealed that the source of emission is from FACT,

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Udyogamandal and people have been suffering such discomforts for the past few days. It may be recalled that a large scale emission, which caused serious apprehension in the minds of the people by the fugitive emission happened on 26/06/2005 was taken note of and this Committee had resolved to request PCB for necessary action against FACT, Udyogamandal, being the culprit of fugitive emission. Mr. Baburaj, Asst. Environmental Engineer of PCB joined the inspecting team at 1:30 p.m. at FACT, Udyogamandal. FACT, Udyogamandal Acid Plant was inspected by the team as the concern of the team was to find out the source of SO2 & SO3 (Sulphur dioxide and sulphur tri-oxide) emission. The FACT claims to have on- line recorder for stack monitoring. The said system for stack no. 15 (Acid plant) was found to be operational. The needle of the recorder is found remaining at the maximum point viz., 1000 ppm, which is equivalent to 2617 mg/nm3 as against the permissible concentration of 1500 mg/nm3. The emission through the stack being highly in excess of the permissible limit, which is even beyond the comprehension of the installed on-line recorder was detected as a serious lapse causing very grave concern to the environment and local community. The complaints of the local community and from the nearby industrial community stands vindicated by the above findings of LAEC. The inspecting team asked the Company to furnish the statement of on-line recorder for previous 7 days on-line monitoring. The company refused to provide the same on the plea that they have a Chemical Analysis Report of Manual analysis of checking concentration of pollutants. The inspecting team then asked as to how a manual analysis is conducted. The company confessed that the manual analysis is not done from the stack inspection duct by climbing at the sample point. According to them, the ladder provided for climbing is rusted and not safe enough to use the same. The sample is therefore collected from a pipe connected to the duct of the chimney. When confronted by the LAEC, as to how samples were taken from pipe can give the pressure of the emission, the company admitted the faulty nature of manual analysis. The laboratory reports of the manual analysis furnished to the LAEC is thus found to be unreliable. Despite insisting for the on- line recorder statement, the same has not been furnished. The company is not having adequate system to control the fugitive emission and even the system provided for recording the emission is found totally inadequate. The Company has not provided necessary arrangement even to the regulatory machinery to monitor the Stack. The provisions of the Air Act and the conditions of the Consent issued to the Company is thus found violated with impunity. During the inspection, Mr. Dandapani, Plant Manager was present throughout. After the inspection, the inspecting team also met Mr. Asokan, General Manager and appraised him of the situation and the concern of the LAEC. After the inspection, Chairman, LAEC had a telecon with the General Manager, FACT in the evening to inform him that any future complaints on fugitive emission from the locals would be seriously viewed and that the company should immediately arrest the emission beyond the consent parameters. Mr. Asokan, General Manager, FACT assured that necessary precautionary steps will be taken up. Despite these warnings, the Company could not control fugitive emission and as a result at around 10:30 p.m., Chairman, LAEC was informed by members of LAEC, Mr. Asokan and Mr. Jacob Lazer that they are patrolling in Eloor / Edayar belt on information that there is

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huge smoke in the entire area and some unit is on fire. The workers in the industrial belt was found panicky. LAEC members, surveilled the entire area and found 3 fire force engines, police force and the Eloor Panchayath President, Smt. Subaida Hamsa were all moving in the Industrial area to identify the source of wide spread white smoke. LAEC members, local community and industrial workers felt suffocation. The major source of this emission was ultimately found to be from FACT, Udyogamandal. In the above circumstances, LAEC resolved to recommend that the operation of the Acid Plant of FACT, Udyogamandal be directed to stop production forthwith and be allowed to re-start production only after ensuring that the Unit makes adequate and fool-proof pollution control measures to the satisfaction of LAEC and PCB.

Emergency meeting held on 10-7-2005, Thursday at 3.00 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No:- 2 1 or 2 The reports of the following Units were approved by the LAEC:

1. Pananghat Polymer Packaging Pvt. Ltd. 2. Millennium Poly Packs & Processors Pvt. Ltd, Edayar 3. Periyar Polyfilms, Edayar 4. Periyar Plastics, Edayar 5. Unipack India Pvt. Ltd., Edayar 6. Silver Stream Polymers 7. Al Arafa Plastics 8. Vinayaka Industries 9. Gijas Rubbers, Edayar 10. Transel Wires 11. SM Industries 12. Alwaye Smithy Workshop 13. Simla Wood Industries, Edayar 14. Ajit Carbons & Pigments Ltd 15. Jonarin Chemicals 16. Travancore Ammonia Pvt. Ltd 17. Manchester Chemicals, Edayar 18. Manswill Chemicals Pvt. Ltd. 19. Galilea Chemicals 20. Solvay Chemicals.

73rd meeting held on 11-07-2005, Monday at 6.00 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Chairman invited the attention of the members to the news item appeared in the Hindu under the caption “PCB fails to trace source smoke at Eloor, Edayar” and expressed his unhappiness and disapproval over the contents of the news item published. He also informed

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the committee that Ms.Chithra Kumari Environmental Engineer, PCB raised her concern over the said news. Appreciating the concern of the PCB officials deputed to LAEC the Chairman assured her that he would speak to the correspondent. He disowned any responsibility for the offending news item. Chairman told that the press release of LAEC appeared on the same page and is the true version of the LAEC which is in conformity with the resolution passed. The resolution of LAEC has not made any observation or found fault with PCB much less accusing them for failure to detect source of smoke at Eloor. The chairman called the correspondent Mr. G. Krishna Kumar of the Hindu newspaper over phone and expressed his displeasure. Chairman also told the correspondent that such news item will only strain the relationship of LAEC with PCB and that will not promote any public interest. He requested the correspondent to be careful in future. Mr. G. Krishna Kumar expressed his regret and explained that the caption was done at the desk and that he only authored the news regarding the past events, which reflected in the proceedings of LAEC. However, as regards certain portions in the news (those do not form part of LAEC proceedings), Mr. Krishna Kumar did not divulge the source. The committee appreciated the suo motu and the timely action taken by the Chairman of LAEC on such a sensitive issue

Resolution No: 1 The Committee being concerned about the frequent incidents of fugitive emission in Eloor, Edayar belt and considering the practical difficulty of undertaking stack monitoring for want of proper maintenance of sampling facilities by the Companies, the Committee decided to request PCB to move the Mobile Ambient Air Monitoring system to Eloor, Edayar Area. It is noted with great pain that this mobile unit has not been fully utilized in spite of huge investments being made for procuring the unit. Mr. Farook Sait, Convenor, brought to the notice of the Committee that the unit requires calibration and that there is no Annual Maintenance Contract existing. Annual Maintenance Contract has also to be made for ensuring uninterrupted working of the equipment. According to him, the maintenance of the vehicle is very costly. LAEC applied its mind to the various aspects raised by the Convenor. Though, the problems raised by him are genuine it is not un-resolvable. The cost of Ambient Air Monitoring can be met from the factories, who have failed to make adequate arrangements for stack monitoring by the PCB and have failed to adhere to the parameters under the consent orders. The Board shall raise the necessary funds from the Units having stacks, which are found to be causing environmental pollution. In any case, PCB being a regulatory body to monitor the industries cannot be justified for their inaction on the plea of lack of funds. It is to be noted that the system is capable to monitor Sulphor dioxide (SO2

) Hydrogen sulphide (H2S), Carbon monoxide (CO), Hydrocarbons, Methane, Particulate matter, Mercaptans etc. In fact these are all the common gases / substances found in the ambient air in the area, raising significant complaints from the public.

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In the above circumstances, LAEC resolved to recommend to the PCB to make the Mobile Ambient Air Monitoring System fully functional and may be taken to Eloor, Edayar for ambient air monitoring without further delay. Resolution No. 2 The Committee place it on record its appreciation for the work done by Mr. Purushan Eloor, Member, LAEC and Mr. K.V. Shanavas, Asst. Scientist, who have followed up to the application for the allotment of land to establish a permanent River Monitoring Station at Eloor Ferry. They have reported to LAEC that an area of 11.250 cents of land has been earmarked in Eloor Ferry and the concerned Tahsildar & Village Officer have submitted their recommendations for the assignment of this land in favour of PCB. The process is now almost in the final stage. What remains is only an order from the District Collector considering the recommendations of the Tahsildar & Village Officer for allotment of the said land in favour of PCB. A letter addressed to the District Collector enclosing copies of the recommendations of the Village officer & Tahsildar may be sent and the Committee shall meet the District collector for the said purpose at the earliest. The Committee also resolved to appraise the Collector for the constitution of the Comprehensive Chemical Disaster Management Plan as mandated under the Chemical Accidents (Emergency Planning, Preparedness & Response) Rules, 1996. Resolution no. 3 Inspection at FACT, Udyogamandal, Petrochemical Division & Ammonia Plant, which is pending, has to be expedited. Committee felt that during the inspection of the above units, it is necessary to involve the Inspector of Factories & Boilers, apart from the PCB officials from the Regional Office in addition to the other officials of PCB deputed to LAEC. A letter to this effect shall be sent to concerned department and seek their participation on the inspection scheduled to begin from 16th July 2005. Resolution no. 4 On the matter of providing water to the affected community in Eloor Panchayat viz., Ward nos. 1, 2, 3, 4 & 17, the Committee resolved to constitute a sub-committee comprising Mr. Purushan Eloor and Mr. Asokan to conduct a survey of these wards and prepare a list of affected community, for whom the drinking water is to be provided by the defaulting companies. The sub-committee shall engage a maximum of 10 persons ie, 2 nos per ward to collect datas specified in the Proforma. The sub-committee shall prepare a Proforma and submit before the LAEC in the next meeting for approval. The sub-committee shall also undertake random sampling of well water in these areas to assess the impact of contamination. The entire survey will be completed on or before 25th July 2005. On obtaining the survey report of the sub-committee, LAEC shall hold a meeting of the defaulting companies and discuss with them the

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modalities for providing water under the supervision of PCB, as per directions of SCMC in the matter. Resolution no. 5 Mr. G. Anand, Member of LAEC will make all arrangements including resource persons to conduct a pilot cleaning process of Kuzhikandam Thodu to assess the various impact before undertaking the restoration of Kuzhikandam Thodu. He will identify the expert in the field and report to the committee at its next meeting. On receipt of Mr. Anand’s report, the committee shall place it before the Chairman,PCB for appropriate action, including arrangements for their inspection. Resolution no. 6 Chairman, LAEC brought to the notice of the committee members the order issued by the Chairman, PCB that the Board has decided not to allow any new bone meal units in Ernakulam district. The Committee also feels that the decision is in the right direction, having regard to the environmental damage that is being caused by the present units who failed to implement pollution control measure. Resolution no. 7 Resolved to approve the following reports:

1. TMV Natural Oils & Extracts Pvt. Ltd. 2. Nini Crepe Mills

Resolution no. 8 Chairman, LAEC sought endorsement of the committee appointing Ms.Thanu Mol K.A. as Administrative Officer in the vacancy of Mr. Josemon, who got relieved from this office from 30th June 2005. Ms. Thanu Mol K.A. joined office by the order of the Chairman from 27th

June 2005 onwards. An amount of Rs. 5,000/- per month has been fixed as honorarium for the service of Ms. Thanu Mol K.A.

74th meeting held on 15-07-2005, Friday at 3 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No.1 Resolved to pass the following reports

1. M/s Shepherd Plastic Extrusion Pvt. Ltd. 2. M/s Bright Pigments. 3. M/s Joyce welfare Mahila Samajam (New Jyothi Foods). 4. Navin Engineering Industries. 5. GEM Enterprises.

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6. W-Electro Chemicals 7. Thachavallath Industries. 8. Abin Granites 9. Thottakkattu Distilleries 10. Parur Powerloom Co-op Society Ltd. 11. Barath Polymers. 12. Spectrum Regulates and Chemicals. 13. Payyappillys Glossy granites. 14. Classic. 15. D.L. Engineering. 16.Jagadamba Containers.

Resolution No. 2 The committee deliberated the draft inspection reports Power Controls Edayar. The unit is found to be violating many environmental laws. The lab report is shocking. Having regard to the seriousness of the pollution from this units, the committee decides to call the occupier of the industry in to the meeting of LAEC for a personal hearing .The chairman LAEC talked to Mr. Joseph the occupier of the unit over phone and he is being asked to appear before the committee with all relevant records including lab reports if any tomorrow at 3pm ie 17th July. The report will be further discussed after hearing the occupier. Resolution No.3 It is brought to the notice of the committee that the meeting of LAEC held on 10-7-05 has not been noted in the meeting register. Being Sunday the staff of the committee was not available and the members left the register to be signed latter. The omission to sign the register by the members on the meeting held on 10- 7- 05 has been discussed .The committee resolved to mark the presence of the members attended the meeting on 10-7-2005 immediately after the attendance marked of the today’s meeting. This resolution will be separately noted in the meeting book as a special note.

75th meeting held on 22-07-2005, Friday at 4 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

This meeting is convened to discuss the problems relating Merchem India Pvt Ltd and Merchem Ltd Edayar. The meeting was attended by Mr. Eldos P. Kauma, Deputy Plant Manager of both the concerns accompanied by Dr Jayapalan who claims to represent Merchem group namely Merchem Ltd- Eloor, Merchem Ltd-Edayar and Merchem India Pvt Ltd - Edayar, being the Deputy General Manager(R&D) of all these companies. They have been authorized by the Managing Director Mr. George to attend this meeting. Mr. Eldo P. Kauma to the question put to him as to whether the unit has adequate pollution control measures, replied that the system is perfectly in order and there is no defect in the system and that they have not observed any type of non-conformities with the environmental laws.

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The representative made available the lab reports of the effluent discharge from the common ETP. According to company representatives, Merchem Ltd Edayar and Merchem India Ltd Edayar have a common treatment plant. Both the industries situate in the adjacent plots. The raw effluent from Merchem India Pvt Ltd Edayar is taken to Merchem Ltd Edayar in a separate pipeline. Similarly the raw effluent of Merchem Ltd Edayar is taken through another pipe line to the common treatment plant.. The representatives claimed that the COD in the raw effluent is only between 1000-1200mg/l, TDS around 1500,BOD 180-220, zinc 3-5ppm and chloride 60%of TDS. According to the representatives, the toxicity of effluent can be found only by toxicity studies (bio-assay test), which they have admittedly not done. The lab report furnished by them is that of a private lab which show the parameters of the discharge effluents meeting the prescribed parameters. The unit at present has no water consent and the application is pending before the PCB from September, 2004.The unit has valid air consent. The discharge point of the effluent of Merchem India under the consent order is Periyar. It is shocking that the unit has not tested the toxicity of the trade effluent when it is discharged to Periyar. It was highly obligatory to ensure that the discharged water contains no toxicity. The representatives were told of the alarming state of well water in the lab report of the sample. Chairman LAEC expressed total dissatisfaction in the manner the company is being operated. The representatives of the company sought one week’s time from today undertaking that they will assess the plant and in the assessment if any failure mode is detected, they will come out with proposal to improve the system. The representatives of the company have admitted that samples taken by them simultaneously with the LAEC on their inspection was analyzed internally and the reports are available which they undertook to produce before committee. Having regard to the request of representatives and the common consensus of the committee, a week’s time is given to set their house in order and rectify the failure of the system. It is made clear to representatives that fresh surprise inspections will be undertaken and samples will be collected from premises and in the event of lab reports confirming the alarming reports of the samples already the committee would recommend for closure without further notice. Resolution No.1 Mr. Farook sait Convenor assured that steps will be initiated for getting concrete pillars to lay in industrial area for blocking road leading to Periyar at safe distance to prevent vehicles to river Banks. This shall be done within two weeks from today.

76th meeting held on 26-07-2005, Tuesday at 7 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No.1 This meeting was called in the wake of Fugitive emission from various industries in Eloor Edayar causing serious air pollution to the people living on the southern side of Pathalam Bridge. The smoke prevalent in the air was thick blocking the vision. The residents felt

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discomfort in breathing. They described the smell as those of burned hair. Some people point towards FACT and some against Merchem Edayar and some under total confusion. The smell was of combination of smokes from various factories and for that reason no one could specifically accuse any particular industry by name. But the fact is that the emission of smoke was beyond all parameters. The committee has occasion to deal such complaints in earlier occasions also. In one of such occasion, the emission was identified as that of FACT. In another occasion it was from Merchem Eloor. Having regard to the frequent incidents of such complaints from the locality the committee resolved in one of its meeting requesting PCB to take its Mobile Ambient Air Quality Monitoring Unit to Eloor Edayar belt to monitor the ambient air quality. The incidents of fugitive emissions have caused health hazard to people of the locality and many were admitted in hospital for primary treatments. The concern expressed by the committee against the indiscriminate discharge of emissions causing serious air pollution, unfortunately has not been taken serious note of by the PCB. The committee takes strong exception to this and is constrained to say that the Board is negligent. The failure to Monitor Air Quality by the PCB is a serious lapse deserved to be condemned. LAEC resolved to request the Board to take immediate action to bring under control the alarming Air Pollution in Eloor Edayar Belt. The incidents of such dangerous emissions from industries as and when brought to the notice of LAEC, the committee in turn, has alerted the officers of the Board in the regional office. The site office of PCB at Eloor Edayar which was directed to be made functional round the clock with sufficient staff and infrastructure remains still on paper. The committee note this fact as a serious failure on the part of the Board. The committee while assessing the situation cannot ignore the failure of the government in addressing this issue which is directly linked with the peoples Right to Live. It is high time that the government arm the Board with sufficient staff to make it functional for discharging its statutory obligations. The committee call upon the State of Kerala and PCB to realize its constitutional and statutory obligations to the people and take immediate measures to bring the Pollution related problems in the Eloor Edayar industrial belt under control. Resolution No.2 Mr. Jayathilakan, Hon’ble member of LAEC explained to the committee that the practical difficulty highlighted by the Convenor that the Mobile Ambient Air Quality Unit unless kept stationary at some place, its apparatus will get easily damaged, is not a matter unresolvable. According to Mr.Jayathilakan there is M/s Accurate Instrumentations and Control Engineers Pvt Ltd, Valanjambalam is a competent institutions locally available who can attend to any complaints of mobile unit. The committee requested Mr.Jaythilakan to take initiative to ensure this mobile unit made operational and is taken to Eloor Edayar belt taking follow-up actions with PCB.

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77th meeting held on 2-08-2005, Tuesday at 6.30 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Mr. Purushan Eloor placed before the committee five bound volumes of survey reports conducted for the purpose of identifying the persons for providing water in Eloor Panchayath.The work was complete in record time, the committee express its appreciation to the members of the sub committee Mr. Asokan and Purushan Eloor and also the volunteers who have been associated with the survey .The committee requested the sub committee a list of the beneficiaries after going through the survey reports and submit within 7 days. Place this matter for further follow-up on 7-8-05 at 3 pm. As per the directions of the SCMC five copies of Interim report has been handed over to Mr. Farook Sait, Convenor for transmission to Chairman PCB. Chairman PCB has been directed to SCMC to sent these copies to five LAEC with his forward note. The Convenor may report the follow-up in the next meeting. The committee discussed the action taken by PCB in the matter relating to of cut open the wall enclosing kuzhikandom thodu by the Merchem Eloor.It is reported that the notice issued by PCB has been served on the unit 21-7-05.The time granted for demolishing wall is seven days which expired on 28-7-2005.The board is therefore take further action for demolishing the wall which the com has so far not taken .The Convenor of the LAEC being not present today he may be asked to report the committee the development in the matter on Thursday in the next meeting. The committee considered the request of Mr. Jerson the office assistant for increasing his salary. The committee resolves to increase an amount of Rs 500 from July 2005.

78th meeting held on 4-08-2005, Thursday at 5.30 pm at Local Area Environmental

Committee Office, Kaloor Towers, Kaloor.

LAEC during its inspection found certain units in Eloor Edayar being closed and remains non- functional for long time. The lists of such units are given below: - 1. Nexa Condinents (P) Ltd., Edayar 2. Kripa Foods Pvt Ltd 3. Sevana Industries 4. Techno Flex Cables Pvt. Ltd 5. Maruthi Foam. 6.Larzen and Toubro Ready Mix Concrete Plant, Edayar. And list of other units finalized. 1. Best Electricals & Engineers. 2. Excel Electricals

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3. Glass Tech. 4.Chavara Pipe 5.Sarala Industries.

The committee discussed the need for consulting PCB before allotment of land in Industrial belt. The committee is of the opinion that PCB should write to DIC Ernakulam seeking information whether proceedings for re- allotment of any defunct units have been initiated. The DIC should also be requested to give information to the Board as and when land is re-allotted or resumed by the department. Board should also write to the occupier of the units by registered post with acknowledge due informing that as and when the units re-opens, it should intimate the Board failing which unit should be asked to close satisfying the Board with all pollution control measures. The Committee discussed the notice issued by PCB to Merchem India Ltd Eloor. Mr. Farook Sait Convenor apprised the committee that the Merchem Ltd Eloor has not demolished the wall as directed in the notice. They have given a reply to the Board with copy marked to regional office Ernakulam stating that once the wall is demolished the public will make unauthorized entry into their premises. Mr. Sait stated that the Member Secretary, PCB asked for his comment and he has already written to the board that the reason stated by the company is totally unsatisfactory and that their contention that “ the authorized person of the board can enter the Kuzhikandom thodu through a manhole.” Is not acceptable. According to him further actions including demolition of wall will be initiated at cost of the company, immediately on getting direction either in oral or in writing from Chairman or Member Secretary. The committee fully appreciated the stand of Farook Sait. The committee unanimously however feels that the order of the Board is self-operative in the sense that if the unit fails to comply by its direction, the Board should initiate action to demolish the wall at the cost of the company. The copy of the order marked to the regional office Ernakulam, has specifically asked the said office to take follow-up action for compliance. Mr. Farook Sait assured the committee that he would take up this matter with the Board and regional office and will ensure the execution of the order on receipt of further orders from the chairman or member secretary as the case may be. Chairman PCB and the Chairman LAEC discussed the matter over phone regarding the implementation of SCMC directions. The Chairman PCB was categorical that the Board is committed to implement SCMC directions and will not sit on judgment over it. He instructed Convenor Mr.Farook Sait over phone to implement the direction of SCMC with immediate effect. Mr. Farook Sait informed the committee that the board proposes to hold a meeting of the industries namely FACT, HIL, Merchem and IRE to discuss the cleaning up of the Kuzhikandom thodu. According to him the view of the companies’ will be clear in the said meeting. Chairman LAEC expressed surprise over such a move without taking LAEC into confidence. The meeting proposed is to discuss Kuzhikandom thodu and the issue being important, the presence of LAEC members (being the delegated authority of SCMC) is necessary .On this Mr. Farook Sait assured that LAEC will be called to the proposed meeting and its presence will be its ensured. The step for cleaning up process has to be expedited. The pilot project of cleaning, the place of final disposal, the resource persons to be involved, the

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conveyance to be arranged, the finance etc are the matters yet to be sorted out. The Board is therefore requested to take speedy measures for finalizing these aspects failing which it would be difficult to complete the cleaning within the time stipulated by the SCMC.

79th meeting held on 6-08-2005, Saturday at 4 pm at Local Area Environmental

Committee Office, Kaloor Towers, Kaloor. Resolution No: 1 The Chairman called the attention of the members the necessity to complete the inspections of the remaining industries and finalization of the reports without further delay. Chairman suggested that a subcommittee could look into the reports and finalize the same to avoid delay. The suggestion was accepted and the committee authorized Chairman to constitute the Sub-committee. Accordingly Chairman constituted a sub committee consisting of Mr.Purushan Eloor and Mr. Jacob Lazer, in his absence Mr.Jayathilakan, as members with himself as Chairman of the subcommittee to finalize the reports .The sub-committee will complete the reports on or before 22-8-2005 and will proceed further with the review of actions taken by PCB .The sub-committee will prepare a flow chart of actions suggested and the measures taken thereon by PCB. The actions will be reported to the LAEC on 25-8-2005. Resolved to approve the reports of the following industries. 1. South Indian Fertilizers, Edayar. 2. Tecccap electronics pvt ltd, edayar 3.Shalimar inks and chemicals Edayar. 4.R.S compound Edayar. 5.Excel enterprises, edayar 6.Nath spun pipes Edayar 7.Filco polymers Edayar 8.Tecman capacitors pvt ltd, edayar 9.Laksmi acetylene Edayar. 10.Atchuth nitrous company Edayar. 11.Manifold industries Edayar. 12.Malayalam chemicals pvt ltd Edayar. 13.Spectrum chemicals. 14.Wires and nails Edayar. 15.Rahul flourmills Edayar 16.Starrefinery Edayar. 17.Amma food products pvt ltd 18.Pneumahydraulics Edayar

80th meeting held on 7-08-2005, Saturday at 4 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No: 1

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The Committee considered the direction of the SCMC to the Board in the matter of demolishing the wall constructed across the Kuzhikandom thodu by Merchem ltd Edayar. The SCMC had directed the Board to issue orders to Merchem Ltd to remove the wall within the period of 1 week of their communication and to ensure removal of the wall at the cost of the company on their failure. The SCMC issued the said direction by their letter dated 12- 7- 2005 addressed to the chairman PCB.

In compliance of the said direction, the member secretary of the Board on 18-7-2005 issued a direction to the Merchem Ltd Eloor directing them to demolish the wall within a period of seven days and report compliance to the Board. The said direction has been served on the Merchem Ltd Eloor on 21-7-05 and the time specified to demolish the wall expired on 28-7-2005.

The LAEC in its meeting held on 4-8-05 and 6-8-2005 discussed the issue. Convenor of LAEC Mr. Farook Sait brought to the notice of the committee that the unit after receipt of the direction has written two letters dated 22-7-05 and 6-8-05 informing that demolition of wall would lead to unauthorized entry of the public into their premises and that the company is prepared to provide a grilled gate of 1.5 m width dimension and a key of the grilled gate can be entrusted with the Board for their access to inspect the Thodu. Mr. Farook Sait made available a copy of the second communication for reference of the committee. The said letter was read in the meeting and the members expressed their strong view on it. Mr. Jacob Lazer member LAEC expressed that the attempt of the company is to overreach the direction of the SCMC and the reason stated is highly flimsy in as much as the company can stop any unauthorized entry to their premises by fencing with barbed wire at a length of 150 m all along the side of the Kuzhikandom thodu.

Mr. Purushan Eloor has stated that Kuzhikandom thodu is public creek which carry rain water and the industrial effluent of companies such as FACT, Merchem, HIL IRE etc and that this thodu has been used for discharging highly toxic pollutants from these industries ever since Merchem Ltd blocked access of the public to this thodu by constructing a wall across the thodu, that these companies have been indulging in illegal activities without the fear being caught by the public, that PCB has failed to monitor the thodu and stop discharging hazardous wastes by these companies. According to him it is in this circumstance, the demand for demolition of the wall by the public was attended to by LAEC and that the safety and security of the thodu being abused by the companies, the public should have direct access to monitor the thodu. The reply of the company virtually leave the cat out, when it refuses to demolish the wall for the fear of public inspection. Mr. Asokan took strong exception to the reply of the company and hoped that the Merchem Ltd Eloor will comply by the direction of the SCMC on getting the reply from the Board that its suggestion are not acceptable to it. Mr. Anand on being informed about the developments on this issue had expressed that LAEC should not hesitate to ensure the implementation of the directions of the SCMC. He has specifically asked the Chairman to place his view in the Committee. Mr.Jayathilakan could not be contacted to know his view.

Chairman, LAEC to refresh the proceedings of the committee read its resolution passed in the of 62nd meeting held on 3-6-05 which reads thus:

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“The premises of Merchem Ltd. situate adjacent to Kuzhikandom thodu, which is on its southern boundary. Of the two sides of the thodu, one side is having the compound wall of HIL. The other side remains open without any compound wall separating the Kuzhikandom thodu and Merchem premises. However, on the western side of Merchem boundary, the Unit has constructed a wall across the thodu thereby preventing access to that portion of Kuzhikandom thodu, which is on the southern boundary of Merchem Ltd. By constructing this wall, both public and the Pollution Control Board have lost direct access to Kuzhikandom thodu and to enable the PCB to take samples from different points of Kuzhikandom thodu situate on the southern boundary of Merchem Ltd, without entering the compound of Merchem Ltd. This has helped this Unit to go Scot-free and perpetuate their illegal activity from the sight of public as well as regulatory agencies. The complaint of the public regarding the construction of wall blocking their access to the Kuzhikandom thodu remains unattended despite various instances of dumping of raw effluent containing hazardous waste being noticed by the Board. In order to have an effective monitoring of the thodu and protect it from dumping hazardous waste for the future, the Committee is of the opinion that Merchem Ltd., Eloor should be directed to forthwith demolish the wall constructed across the Kuzhikandom thodu in its western boundary and allow access to the public and regulatory agencies for inspection of the thodu flowing on the southern side of Merchem Ltd. The access to the thodu all along its full length is necessary for removing the hazardous waste already dumped by various units and for its remediation.” The SCMC has issued various directions for the remediation of the thodu, which includes cleaning up the decontamination of the thodu and nearby areas of hazardous waste. The SCMC has directed the Board to carry out rehabilitation of the thodu within 6 months that is by December 2005, with active involvement of LAEC Kochi. SCMC has directed that since effluent from FACT IRE and HIL and Merchem are involved the cost for of the cleaning up should be recovered from these units. The further direction of SCMC to ensure the demolition of wall by Merchem Ltd Eloor is treated as part and parcel of the clean up of hazardous waste lodged in the thodu over the past several years. On appreciating all these facts and also bearing in mind various directions of Hon’ble SC on 14-10-2003 which includes the concern of the Hon’ble Supreme Court not to allow discharge of any hazardous waste in open dumps which it emphasized taking note of the report of the high-powered committee which has reported thus: “Hazardous waste found dumped in open environment have been wide spread cause of pollution creating draught like situation in areas traditionally not lacking in water supplies.’’ The dumping of the hazardous waste into Kuzhikandom thodu has rendered the areas near Kuzhikandom thodu causing a draught like situation that was traditionally an area depending on well waters. SCMC having concern for the lack of drinking water caused by the contamination of well water, have directed the aforesaid companies to provide sufficient water to the residents at their cost.

The area to which public access has been denied is the real dumping site of hazardous waste by the companies. To ensure that these companies do not further indulge in dumping hazardous waste, public should be give free access to the thodu.

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In the public interest and safety of the Kuzhikandom thodu, the thodu should be open to the use of public and no private person should be allowed to restrict their entry for perpetuating their nefarious activities. LAEC therefore unanimously resolve to request the Board to demolish the wall engaging sufficient personnel forthwith and recover its cost from the company as directed by SCMC. The delay will give company to scuttle the direction, by resort to various delaying tactics including even abuse of the process of law.

81st meeting held on 28-08-2005, Sunday at 3 pm at Local Area Environmental

Committee Office, Kaloor Towers, Kaloor. Resolution –1

The committee discussed the report of the sub-committee constituted for conducting survey of the families, who lost their water source by the contamination underground water, to provide water. The committee found 2143 affected families in ward numbers 1 to 4 and 17 in Eloor Panchayath. There were 1250 wells out of which 926 were contaminated by the industrial pollution. . These families now wholly depend the public tap facility to meet their water requirement. In view of the fact that the people depend tap water, owing to the contamination of their wells by industrial pollution, the committee unanimously resolved to request the Board to initiate appropriate action directing the companies, namely Merchem, HIL, IRE, and FACT to provide drinking water to these families at the rate of 500 litres/day free of cost. Each family should be provided with separate meter connections and consumption of water in excess of 500 litres should be directed to be born from the respective families. SCMC has directed that these companies should be asked to provide water to the affected families as the pollution source is from these companies. In compliance of the said direction, LAEC has completed the survey and identified the affected families. Further action from the Board is now awaited. LAEC request the Board to call a joint meeting of the companies, LAEC and Board to finalize the modalities for providing drinking water. The survey report is forwarded to the Board for further follow up actions which LAEC expect the Board to finish urgency. Resoulution-2

The committee discussed the Writ petition No.14051-2005 filed by the Edayar Small Scale Industries Association before the High Court. Chairman read the interim order dated 9-8-2005-. The committee takes strong exception to the manner in which the Board has conducted the case. The observation of the Court that the counsel has no instruction “though writ petition was admitted on 18-5-05.” gives an indication as to how negligent the Board was in defending the case.

The Writ Petition was admitted by the Hon’ble High Court on 18-5-05 and the matter

came up for orders on interim prayer only on 9-8-05. Board did not file any statement producing the order of the Hon’ble Supreme Court restraining all the High Courts from

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entertaining any writ petition challenging any proceedings issued by the Board or other authorities as part of the implementation of the order of the Supreme Court dated 23-10-03.

LAEC in its 56th meeting requested the Board to bring to the notice of the Hon’ble

High Court, in all the cases pending and also in fresh matters coming for admissions challenging the Board’s action issued pursuant to the recommendations of the SCMC, the order of the Supreme Court dated 9-5-05 by way of an affidavit and petition. The Board was requested to instruct the counsel to do the same promptly and get the orders vacated by securing the dismissal of the Writ petitions.

The Board has a standing counsel in High Court. The standing council was also aware

of the Hon’ble Supreme Court order dated 9-5-05 as he had occasion to produce the said order in an earlier case. The standing council however failed to bring the order to the notice of the Court .His submission that he did not get instruction in matter made the situation further worse.

From the submission of the counsel, the Board’s knowledge of the Writ Petition

cannot be disputed. One can understand if the counsel had sought time to file the counter or to produce the order of the Hon’ble Supreme Court. But that is not what happened. The Board owes an explanation to this strange submission of the counsel.

The writ pet filed by the Association is pertains to the an order issued by the Board on

the recommendation of SCMC which was constituted to implement the directions of the Hon'ble Supreme Court dated 23-10-03.The order of Hon’ble Supreme Court, (namely “Having heard learned counsel and perused the records we direct that no court or authority shall take cognizance or entertain any challenge connected with the implementation of the order passed by this Court on 14.10.2003”) is therefore squarely applicable on the facts of the case. The Board was legally under an obligation to bring to the notice, the order of the Supreme Court at the admission stage itself and if by any reason it could not do so, at least by filing an affidavit and petition producing the said order, of Hon’ble High Court. The Board however did not do so which has caused embarrassment to the SCMC .The indifference of the Board to instruct the counsel on the matter is a serious failure of its duty.

LAEC in an earlier occasion sought to conduct an enquiry when it was brought to its notice that the Counsel made a submission in the court against the official stand of the Board. That was a case relating to the Merchem Ltd, Eloor. It is also brought to the notice of the committee that the instances of passing interim order by the High Court for want of instructions from the Board are many, even after adjournments. If the Board is not keen to defend itself when its orders are challenged, why orders are issued to trouble the industries. LAEC does not understand the logic. Having regard to the importance of the issue, LAEC is of the opinion that a proper enquiry should be conducted in all case where Hon’ble High Court passed interim orders for want of instructions during the tenure of at least the present standing counsel who has happened to make such submissions in the court and take action against those found negligent in conducting the cases in the court. LAEC in the aforesaid circumstance resolve to report this matter to the SCMC requesting that the Board to explain its conduct and order further enquiry into the conduct of cases in High Court. The Hon’ble High Court at the instance of LAEC was pleased to modify its earlier order dated 9-8-2005 and directed that the nominee of the Petitioner Association need be included in the LAEC “only with the permission of SCMC.” The Petitioner Association was

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directed to produce the copy of the order to LAEC and thereupon LAEC has been asked to forward to SCMC for orders. So far Petitioner Association has not submitted the copy of the order. It will be forwarded as soon as the same is received. Resolution-3 Cleaning up of Kuzhikandom thodu is a task entrusted to the Board for being undertaken by involving LAEC.A pilot cleaning is necessary to assess the impact and determine the mode of disposal to the secured land fill. The committee felt necessary to involve experts in the field of hazardous waste management. In pursuance to the earlier resolution of the committee, Mr. Anand contacted some of the experts in hazardous waste management and has furnished their names. LAEC has already discussed this matter with the Chairman PCB when he attended LAEC meeting on 30-6-2005. Chairman Pollution Control Board has agreed to invite the experts identified by LAEC .In the aforesaid circumstances, committee recommends the following names. 1.Dr R.Gopichandran, Centre for Environment Education, Ahmedabad. 2.Dr.A.A Khan, Emritus scientist, Indian Institute of Chemical Technology, Hyderabad. 3.Dr Devota, Director, NEERI. Phone numbers : Dr R.Gopichandran –09825409031

Dr.A.A Khan- 09246505819 / 040 27193139 / 27193626 Res: 040 23553962

Resolution-4 Resolved to pass the reports of all these industries:

1. Cee Jee Lubricants, Edayar. 2. Cube India Rubbers Pvt Ltd, Edayar. 3. Green Field Chemicals and Foot ware. 4. Jyothi Chemical Industries, Edayar. 5. Jyothi Industries. 6. Alwaye Techno Engineering Pvt Ltd, Edayar. 7. Jansons Balers, Edayar. 8. M.G.R.Idustries. 9. Carmel Threads. 10. Star Mark. 11. Chemmannur G.R.Pvt Ltd. 12. Pigment India Ltd. 13. Asiatic Products. 14. Kochi Castings and Manufacturing Pvt Ltd. 15. Body Gear International Pvt Ltd, Edayar. 16. Buena Vista International Pvt Ltd, Edayar.

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17. Chilton Refrigeration Pvt Ltd, Edayar. 18. Sarson Polymers, Edayar. 19. Gama Paints. 20. Enviro Designs and Equipments. 21. Excel Threads. 22. Success Spinning Pvt Ltd. 23. Pasafic Packagings. 24. Popular Mega Motors (I) Ltd. 25. Meeram Acids Pvt Ltd, Eloor. 26. Agar Agar Manufacturing Unit. 27. Kingston Polymers. 28. Jaysons Industries Edayar. 29. Steel Arc Rods and Wires. 30. Pneumo Hydraulics Pvt Ltd. 31. Cee Gee Engg Works.

82nd meeting held on 8-09-2005, Thursday at 3.30 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution-1 Merchem Ltd, Eloor along with the profoma submitted to the LAEC has described its typical hazardous waste (black coloured paste like substance) as follows:

1. Mercaptobenzothiazole (MBT):0. 73% 2. Aniline: 10.04% 3. Benzothiazole (BT): 19.59% 4. Dibenzothiazyl disulphide (MBTS): 45.36% 5. Other Sulphur containing organics: 24.28%

This black coloured tarry substance generated by the company admittedly is a hazardous waste. The company has therefore obtained authorization under the Hazardous Waste (Management and Handling) Rules 1989 for its storage and safe disposal. The Board is empowered to cancel the authorization if in its opinion the authorized person has failed to comply with any of the conditions of the authorization or with the provisions of the Act and the Rules made under the Act. While packaging, labeling and transporting the hazardous waste, the occupier shall prepare six copies of the manifest in Form-9 comprising the following colour code, all signed by the transporter. Copy 1 (White) -to be forwarded by the occupier to the State Pollution Control Board or Committee. Copy 2 (yellow) -to be retained by the occupier after taking signature on it from the transporter and rest of the four copies to be carried by the transporter.

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Copy 3 (pink) -to be retained by the operator of the facility after signature. Copy 4 (Orange) -to be returned to the transporter by the operator of facility after accepting waste. Copy 5 (Green) -to be returned by the operator of the facility to State Pollution Control Board or committee after treatment and disposal of wastes. Copy 6 (Blue) -to be returned by the operator of the facility to the occupier after treatment and disposal of wastes. Further as per Section 7 of the hazardous waste Rules, the occupier is required to follow the provisions of Motor Vehicle Rules and other guide lines issued by the Central Government from time to time in the matter of transporting the Hazardous goods. The occupier is also required to provide to the transporter with relevant information in form 10 regarding the hazardous nature and measures to be taken in case of emergency. No transporter shall accept hazardous waste from an occupier for transport unless it is accompanied by copy numbers 2-5-colour code manifest in form 9. Under Rule 8, the occupier is responsible for identifying site for disposal of hazardous waste. Under Rule 16, the occupier shall be liable for damages caused to environment resulting in improper handling and disposal of hazardous waste. The occupier shall also be liable to restore destroyed or damaged environment at his cost. The occupier shall also be liable to pay fine as levied by the State Pollution Control Board with the approval of Central Pollution Control Board (CPCB). Merchem Ltd Eloor is found responsible for dumping hazardous waste (black coloured tarry substance) in 15 barrels of 200 litre capacity at kundelil padam in Thiruvallor of Alangad Gram Panchayath .These barrels were found on 27 –8-05 by Mr. Jayakrishanan, the Sub Inspector Police, Binanipuram Station on information from an anonymous source. The Sub Inspector of Police have made investigation and questioned Mr. Vinod who transported this hazardous waste to kundelil padam. LAEC members informed the Board on 29-8-2005 and requested to take action. On being questioned, Mr.Vinod stated that these barrels of tarry substance have been brought from Merchem Ltd Eloor. The transporter did not have any document for transporting hazardous waste. On examination of site where the barrels were found, tarry substance of the similar nature is seen discharged into land by heating up the barrels. The transporter produced a tax invoice for purchasing the 15 barrels of “benzothiozol (5%).” The tax invoice produced is dated 29- 8-05. Mr. Vinod explained that these barrels were kept in the Kundelil Padam for being taken to Tamil Nadu whereas the invoice discloses a nearby place, Chalakudy. The barrels used for transporting the tarry substance were barrels used for storing Morpholin, which is an imported raw material of Merchem Ltd Eloor. The label on the barrels also therefore confirms the source.

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On 29-8-05 itself, the Board officials took samples from 15 barrels and sample from the land where it is discharged .The barrels were thereafter shifted to Binanipuram Police station for safer custody. The next day, ie.30-8-05 the Board also took Statutory Samples from these barrels. These samples have been sent to Central Lab Cochin for ascertaining whether the goods seized is the same hazardous waste (tarry subtance0 generated out of the manufacturing process of the MerchemLtd, Eloor. The lab analysis confirmed that the tarry substance contained in 15 barrels and the one discharged in to the land are of the hazardous wastes of Merchem Ltd. Neither the transporter nor occupier could produce form 9 and 10 under the Hazardous Waste (Management and Handling) Rules 1989. The occupier is therefore found guilty for breach of the provisions of the Hazardous Waste (Management and Handling) Rules 1989 and also the conditions of authorization issued to it. The company has reported that 24-tonne/year tarry wastes are generated for the production rate of 3 tonne/day. But the company is actually producing 6 metric tones per day generating 48 tones tarry substance per year. It should therefore necessarily possess 336 tonnes of hazardous tarry substance in its temporary disposal facility over the past seven years of its production. The company is therefore liable to account for so much quantity generated over these years. LAEC on inspection could find only a layer of tarry substance in their temporary disposal facility. The tarry substance generated over the last even one year is not seen in the TSDF and the company could not explain where it has been disposed off. The company was compelled to install evaporator and RO to treat its toxic effluent only in April 2005 that is after LAEC recommended closure of this unit. The company has been dodging the Kerala State Pollution Control Board with an ETP, which was capable to treat only Organic Effluent, which was totally inadequate to treat inorganic waste of heavy toxicity of the company. The complaint of the public residing near by Kuzhikandam thodu has thus been found vindicated. These are all facts documented and now available with PCB for reference In the above facts and circumstances, the authorization issued to the company under Hazardous Waste (Management and Handling) Rules 1989 is liable to be cancelled for violating the provisions of the Hazardous Waste (Management and Handling) Rules 1989 and conditions of authorization issued to it. The company is also liable for fine. The company has been served with a series of closure order and show cause notice by the Pollution Control Board ever since its operation started in 1997. . In the circumstance the LAEC unanimously resolve to recommend the following action from KSPCB.

1. Cancel the authorization issued under Hazardous Waste (Management and Handling) Rules 1989 to the Merchem ltd Eloor forthwith as this unit has been found operating not only in breach of the said Rule but also the orders issued by the Hon’ble Supreme Court with impunity.

2. Impose fine based on the quantity of the hazardous waste not accounted by the company especially the tarry substance generated over these years.

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3. The company should be allowed to restart its operation only after it account for the waste generated by it over these years especially the tarry substance which is calculated as 336 tonne at the rate of 6 metric tonn /day production and on the payment of the fine imposed by the Board.

4. The board shall approach the Central Pollution Control Board giving a brief history and detailing the track record of the company along with the closure orders, show cause notices and other actions taken against the company over these years.

This resolution passed unanimously is forwarded to SCMC and to the Board. SCMC may issue necessary orders taking stock of the whole situation.

83rd meeting held on 10-09-2005, Saturday at 10.30 am at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No: 1 Resolved to approve the reports on the following:

1. M/S BSES Kerala Power Ltd Udyogamandal. 2. Lime unit owned by Mr.Suresh 3. Ashan Exports, Edayar (Tallow unit) 4. Tallow unit of Mr.Siraj. 5. Juno Industries of Mr.Jaison, Edayar. (Tallow unit) 6. Winner Seals Pvt Ltd, Edayar. 7. Durocoats Paints Pvt Ltd, Edayar. 8. Krishna Engineering Works, Edayar. 9. Alba Polymers, Edayar. 10. Panakkal Polymers, Edayar. 11. New Plastic Industries, Edayar. 12. R.K Cartons, Edayar.

84th meeting held on 13-09-2005, Tuesday at 5 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolved to approve the report on Hindustan Insecticides Ltd, Eloor.

85th meeting held on 19-9-2005, Monday at 4.30 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No: 1 Chairman brought to the notice of the committee that the two of the members of LAEC Mr.G.Anand and Mr.Ashokan have sought his permission to demit the office. Considering the fact that reports of some units inspected by these members are yet to be finalized Chairman requested them not to demit office until reports of those units are finalized and sought their

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cooperation to continue until the final report, which is being finalized, is submitted to the SCMC. Chairman sought the opinion of the LAEC on his view requesting these members to continue till the report is submitted to SCMC.The members concurred with the view of the chairman and pointed out that a new member will be hardly of any use at the fag end of finalizing the environmental audit report .The committee hence resolved to request Mr. Anand and Mr. Asokan to continue their cooperation until LAEC submit its report to SCMC. Resolution no: 2 The committee resolved to submit its final report on 1st October 2005 subject to the convenience of the SCMC .The committee decided to finalize report on or before 29-9-2005.Chairman made a telecon with Dr Claude Alvares to find out whether 1st Oct 2005 could be suitable for SCMC members to visit Kerala to submit the report to it. . Dr.Claudes has tentatively agreed to the said date which he assured to confirm by tomorrow or will suggest another convenient date. On getting confirmation from him communication to PCB Chairman should be sent fixing the date of submission of final report to SCMC.The details of the function shall be worked out in the subsequent meetings. Resolution-3 Mr. Purushan raised the question as to what action has been taken by the PCB on the resolution passed by the committee recommending certain actions against Merchem Ltd Eloor after being caught red-handed for transporting hazardous waste in violation of Hazardous Waste (Management and Handling) Rules 1989 and the conditions of authorization issued to the company. Mr Farook Sait convener being absent in the meeting today, this matter will be discussed in the next meeting.

Resolution-4 Resolved to approve the reports of the following industries:

1. Falcon Infrastructure, Eloor. 2. Copper Blues. 3. General Chemicals and Polymers. 4. Varkeys Industries. 5. East Hill Rubbers. 6. Southern marketing Associates. 7. Anaswara Fibre Industries. 8. M/s Kingston Packings. 9. M/s Mampad Rubber Manufacturing Co.Ltd. 10. Associated Chemicals, Edayar. 11. Southern Composites.

86th meeting held on 22-09-2005, Thursday at 4 pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No: 1

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The committee discussed the inspection of bone meal units in Edayar to assess the improvements made pursuant to the direction of the SCMC .The committee opined that the units have failed to achieve arrangements for boiling the raw bones brought to the units on the same day and to processes the same on first come first basis. The committee resolved to issue the following notice to all units mentioned hereunder and take a decision on the merits of each units after hearing them.

1. Sigma Fertilizers. 2. National fertilizers 3. AES industries. 4. Cochin bone meals 5. Kaveri bone meals. 6. Yeoman Bone and Allied products. 7. Nelkadir Bone

Show Cause Notice

LAEC during its inspection of your unit on various dates, have found the pollution control measures totally inadequate. The committee have even called a meeting of the all bone meal units and directed to take necessary measures to control odour nuisance. The consent order issued to your unit has stipulated a condition that all the raw bones brought to the units must be boiled on the same day and be kept in different compartments for being processed by first come first lot principle. SCMC issued directions for closure of all the bone meal units on failure to implement adequate odour control measures by 30th August 2005. LAEC made visit to your unit recently to satisfy the measures taken by your unit to control the odour nuisance. The committee found to its shock that you have not enhanced the capacity of boiling the fresh bones brought to the unit daily. This obviously causes backlog which is a major source of nuisance .The committee also find no improvement in the process. Your unit is also have been found processing tallow illegally which is yet another nuisance. LAEC in the above circumstances is constrained to recommend closure of your unit for being found violating the environmental laws. However in the interest of justice before making such recommendation, the committee resolved to give an opportunity to you to explain adequacy of measures taken by your unit with factual details. You are therefore requested to submit your explanation and show cause why the committee should not recommend closure of your unit to Pollution Control Board (PCB). Your explanation should reach the office on or before 27- 9-05.

87th meeting held on 25-09-2005, Sunday at 10 am at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Chairman briefed the committee the details about the discussion he had with the Nini Creep Mills, Edayar. Mr. Niyas Rasheed Managing Partner, Mr Sukku Kassim Partner Mr. Irshad.P.Y Partner Nini crepe mills attended the meeting scheduled to discuss the problem relating to the unit .The occupier requested for time to prepare a detail report on the pollution control measures to be implemented and sought time to consult a competent consultant. Time

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is granted upto 30-9-05 for submission of detailed report and action taken on pollution control measures. The committee will finalize the report on Nini Creep Mills after 30-09-2005. Resolution No: 1 The committee resolved to approve the following reports. 1.Travancore Cochin Chemicals, Eloor. 2.Sud Chemie India Pvt.Ltd

88th meeting held on 27-09-2005, Tuesday at 4.30pm at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

Resolution No: 1 Bone meal units of Edayar.

1. Sigma Fertilizers. 2. National fertilizers 3. AES industries. 4. Cochin bone meals 5. Kaveri bone meals. 6. Yeoman Bone and Allied products. 7. Nelkadir Bone

This meeting was convened to assess the improvements made by the Bone meal units, pursuant to the time granted for implementing pollution control measures. All the units submitted their explanation to the show cause notice. The units have assured that they would not keep backlog of raw bones and will ensure strict compliance of the conditions that may be imposed. A form containing undertaking from the bone meal units to be submitted to Pollution Control Board (PCB) has been finalized as follows. The unit will submit the form after duly filled before LAEC on or before 1-10-2005. Before the Environment Engineer, District Office, Kerala State Pollution Control Board, Gandhi Nagar, Ernakulam, Kochi-20.

1. Name of the industry :

2. Name and address of the owner :

3. Nature of the industry :

4. Daily intake of raw bones :

5. Intake of raw bones during festival seasons :

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6. Intake of raw bones during sundays/holidays :

7. Capacity of the boiler : (Give details about the vessel and Quantity of bones boiled per batch)

8. No: of vessels used for boiling :

(Give details of its size and Quantity of bones boiled per batch)

9. Time required for boiling per batch :

10. Frequency of boiling per day. :

11. Number of compartments available for : keeping daily boiled bones (give size of the carpet area of each compartment)

12. The normal time taken for processing the : boiled bones

13. The materials used for spraying to control : the odour

14. Quantity of the consumption of spray : used per day

15. Whether tallow is processed except the : tallow derived by steaming the raw bones

16. Quantity of waste water generated during :

steaming per batch(Give details of disposal) 17. The quantity of tallow derived by steaming :

the raw bones per day

18. The person to whom the tallow is disposed off:

Undertaking

The information furnished above are true and correct. I undertake that the unit will not indulge in tallow extraction except by what is derived by steaming raw bones. I undertake to process the raw bones brought to the unit on the same day and a register will be kept for daily intake. The details furnished above and the undertaking given hereby will be strictly followed. In case of any violation, the unit hereby agree to the forfeiture of bank guarantee that may be furnished.

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Name of occupier/authorized agent:

Address:

Phone No:

Signature

Place : Occupier/authorized agent:

Date :

89th meeting held on 28-09-2005, Wednesday at 4.30 pm at Local Area Environmental

Committee Office, Kaloor Towers, Kaloor. The meeting was called to discuss the problem relating to Cochin Rubber Industries . The unit sought one month time to implement the pollution control measures. Considering the fact that the unit has initiated actions to implement certain control measures the committee resolved to grand time of one month.

90th meeting held on 1-10-2005, Saturday at 12.30 am at Local Area Environmental Committee Office, Kaloor Towers, Kaloor.

The meeting was convened to discuss the follow up actions on various recommendations made by the committee. Member Secretary Pollution Control Board was specially invited to attend the meeting. Chairman invited his attention to the following issues upon which recommendation have been forward for appropriate action.

1. Seizing of barrels containing Hazardous waste illegally handled by Merchem Ltd Eloor in violation of conditions of authorization.

2. The proposal to establish for chemical check post in Eloor-Edayar belt to monitor the movement of hazardous waste and transportation of other chemicals.

3. The matter relating to the erection of concrete post across the road to block entry of the tanker and other lorries to Periyar river.

4. To remove the illegal road block caused by certain units resulting to inconvenience for inspection of the industrial units.

5. Water supply scheme to be ensured to the people of Ward Nos. 1 to 5 and 17 of Eloor Panchayath.

6. Cleaning up of Kuzhikandam thodu. 7. The findings of the committee on Cochin Chemicals and Merchem Edayar. 8. River monitoring Station at Eloor Ferry. 9. Mobile Air Monitoring unit. 10. A district level office at Eloor Edayar.

Member Secretary assured action against Merchem Limited Eloor on the recommendation on the committee. Regarding the proposal to establish Chemical check post Member Secretary stated that necessary action involving departments such as Motor Vehicle, Industries Dept. etc

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will be initiated. He instructed convenor Farook Sait to call a meeting of the district officials of these Departments to discuss and finalize the modalities for establishing chemical check post. As regards the erection of concrete wall is concerned he informed the committee that the secretary of the govt. departments of Industries have already issued orders for blocking the road to prevent access to tanker and other lorries to the Periyar river bank. He instructed convenor Farook Sait to follow up the matter. It was decided that LAEC will call a meeting of the four companies namely Merchem limited Eloor, IRE, FACT and HIL involving PCB officials on 7-10-2005 to finalize the modalities including contribution of fund to meet the expenditure of the water supply. Member Secretary informed the committee that FEDO has been asked to study the cleaning up of Kuzhikandam thodu and suggested that the experts named by the LAEC could be associated with the FEDO as consultants. The Member Secretary expressed his displeasure over the inhibition of the PCB officials to prepare even a draft report of Cochin Chemicals. According to him the report has to be prepared without bearing in mind any fear or favour. He also asked the committee to finalize the report on Merchem Limited Edayar which is found to be in operation without a proper ETP to treat inorganic effluent of Toxic nature. The land after being allotted in favour of PCB necessary action would be initiated to setup a river monitoring station at Eloor Ferry. On Mobile Air monitoring unit Memebr Secretary asked convenor to entrust the work at the Regional Office for appropriate action. Member Secretary informed the committee that the site office will be upgraded as district office and sufficient officers will be soon posted. Member Secretary agreed to get the consent of Hon’ble Minister for Health to inaugurate the function to organize for submission of the Environment Audit Report. He confirmed the appointment even before the conclusion of the meeting. Resolution No: 1 Resolved to approve the reports on the following units

1. Power Control, Edayar 2. Ultra Tiles,Eloor 3. Cochin Chemicals ,Eloor

91st meeting held on 5-10-2005, Wednesday at 9.30 am at Local Area Environmental

Committee Office, Kaloor Towers, Kaloor.

The committee deliberated the seizure of hazardous waste of Merchem Ltd, Eloor and took note of the following aspects and resolved to send the following concern of the Committee to PCB and SCMC. Resolution No1 “Merchem Ltd, Eloor has described its typical hazardous waste as black coloured paste like substance. This black coloured tarry substance generated by the company admittedly is a hazardous waste. The company has therefore obtained authorization under the Hazardous Waste (Management and Handling) Rules 1989 for its storage and safe disposal.

Under Rule 8, the occupier is responsible for identifying site for disposal of hazardous waste. Under Rule 16, the occupier shall be liable for damages caused to environment

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resulting in improper handling and disposal of hazardous waste. The occupier shall also be liable to restore destroyed or damaged environment at his cost. The occupier shall also be liable to pay fine as levied by the State Pollution Control Board with the approval of Central Pollution Control Board (CPCB).

As per Section 7 of the hazardous waste Rules, the occupier is required to follow the provisions of Motor Vehicle Rules and other guide lines issued by the Central Government from time to time in the matter of transporting the Hazardous goods. The occupier is also required to provide to the transporter with relevant information in form 10 regarding the hazardous nature and measures to be taken in case of emergency. No transporter shall accept hazardous waste from an occupier for transport unless it is accompanied by colour code manifest in form 9 of the Hazardous Waste (Management and Handling) Rules 1989. Merchem Ltd Eloor is found responsible for dumping hazardous waste (black coloured tarry substance) in 15 barrels of 200 litre capacity at kundelil padam in Thiruvaloor of Alangad Gram Panchayath on 27.08.2005. .These barrels were found by Mr. Jayakrishanan, the Sub Inspector Police, Binanipuram Station on information from an anonymous source. On examination of site where the barrels were found, tarry substance of the similar nature is seen discharged into land by heating up the barrels. The Sub Inspector of Police have made investigation and questioned Mr. Vinod on 29.08.2005 who transported this hazardous waste to kundelil padam.

On being questioned, Mr.Vinod stated that these barrels of tarry substance have been brought from Merchem Ltd Eloor. The transporter produced a tax invoice for purchasing the 15 barrels of benzothiozol. The tax invoice produced was dated 29- 8-0, whereas the barrels were found on 27.08.2005. Mr. Vinod explained that these barrels were kept in the Kundelil Padam for being taken to Tamil Nadu whereas the invoice discloses a nearby place, Chalakudy. The barrels used for transporting the tarry substance were barrels used for storing Morpholin, which is an imported raw material of Merchem Ltd Eloor. The label on the barrels also therefore confirmed the source. On 29-8-05 itself, the Board officials took samples from 15 barrels and sample from the land where it is discharged .The barrels were thereafter shifted to Binanipuram Police station for safer custody. The next day, ie.30-8-05 the Board also took Statutory Samples from these barrels. These samples were sent to Central Lab Cochin for ascertaining whether the goods seized is the same hazardous waste (tarry subtance0 generated out of the manufacturing process of the MerchemLtd, Eloor. The lab analysis confirmed that the tarry substance contained in 15 barrels and the one discharged in to the land are of the hazardous wastes of Merchem Ltd.

Neither the transporter nor occupier could produce form 9 and 10 under the Hazardous Waste (Management and Handling) Rules 1989. The occupier is therefore found guilty for breach of the provisions of the Hazardous Waste (Management and Handling) Rules 1989 and also the conditions of authorization issued to it. The company has reported that 24-tonne/year tarry wastes are generated for the production rate of 3 tonne/day. But the company is actually producing 6 metric tones per day generating 48 tones tarry substance per year. It should therefore necessarily possess 336 tonnes of hazardous tarry substance in its temporary disposal facility over the past seven years of its

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production. The company is therefore liable to account for so much quantity generated over these years. LAEC on inspection could find only a layer of tarry substance in their temporary disposal facility. The tarry substance generated over the last even one year is not seen in the TSDF and the company could not explain where it has been disposed off. The company was compelled to install evaporator and RO to treat its toxic effluent only in April 2005 that is after LAEC recommended closure of this unit. The company has been dodging the Kerala State Pollution Control Board with an ETP, which was capable to treat only Organic Effluent, which was totally inadequate to treat inorganic waste of heavy toxicity of the company. The complaint of the public residing near by Kuzhikandam thodu has thus been found vindicated. These are all facts documented.”

The committee sought action taken report from Member Secretery, PCB on 1-10-2005 on the report of the LAEC on Merchem Ltd which was found to have dumped Hazardous wastes in violation of authorization. The Board however is seen totally negligent in taking proper action against the unit. The committee takes strong exemption to the attitude of the Board. The committee reminds the Board that the very purpose of constituting monitoring committee is to ensure enforcement of the provisions of the Hazardous Waste (Management and Handling) Rules 1989 and ensure the compliance of the various directions issued by the Hon’ble Supreme Court of India. The inaction on the part of the Board is nothing but amounts to flouting the Supreme Court directions. The Committee therefore reminded the Board its consequences of inaction and hope that the Board will wake up from its inaction and would exercise its power as expected from a statutory authority.

Resolution No.2

The committee passed the following reports;

1. Indian Rare Earths Ltd, 2. Indian Aluminuim Company- Extrusion Division 3. Indian Aluminium company- Smelter Division 4. Akshay gases 5. Prax air Carbondioxide 6. Merchem India Pvt. Ltd 7. Merchem Limited Edayar 8. Binani Zinc 9. Kemo Gravures 10. A.K.Chemicals 11. Ria Enterprises 12. FACT- UD 13. FACT-PD 14. Periyar Chemicals 15. Masters Multipack 16. Southern Gase

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Resolution No 3

The representatives of Cochin Chemicals namely Vinodkumar , Balagopal Ramanandan , Prathabachandran and Manikandan on taking prior appointment with chairman LAEC came to office at about 3 pm . They explained that the unit is not processing any chemicals and that the premises is issued only as a transits point to transport the waste ferrous chloride effluent. According to them the excess effluent will be stored in the premises. They could not answer how excess effluent would come if it is only a transits point. Chairman also asked why the unit did not disclose to PCB that it has stopped processing any chemicals. The representatives admitted that there is discharge of effluent and that the unit is prepared to undertake remedial measures . Chairman expressed his displeasure over the irresponsible conduct of the unit which is being owned by none other than a stallwart in the environmental consultancy. Chairman asked representatives to place concrete proposals on remedial measures proposed by the unit. The unit sought time to get back to LAEC with an action plan to remedy environmental damage already committed. Time upto 17th October 2005 is granted . The committee resolved that the issue will be further discussed after knowing the concrete proposal from the unit .