MAHARASHTRA POLLUTION CONTROL BOARDTel : 24020781/24010437Fax : 2402 4068 .. ̂ =. o ® *? P°^'Visit us at - === 2nd, 3rd & 4th floor,

Website : http://mpcb mah nic in ^SS^ M PP' £inep'anet'E-mail : mpcb@vsnl.net ^ffr Near Sion arctei Sjon (E)

Mumbai - 400 022.

BY R.P.A.D./FAX/HAND DELIVERYNO.MPCB/l/c JD(WPC)/ Q^I q a Date : ^^ / d^, / 2_O \_

/ToChikhloli -Morivali Effluent TreatmentP-17, MIDC Morivali,Ambernath,Dist Thane.

Sub : Directions u/s 33A of the Water (Prevention & Control ofPollution) Act, 1974.

Ref: 1) This office communication dtd.3/3/2012 through thel/c Joint Director (WPC), MPCB.

2) Latest Report on Monitoring done by the Regional Office and/ or Sub-Regional Office submitted to the Board.

WHEREAS, you have been granted Conditional Consent to operateyour CETP subject to certain terms & conditions mentioned therein. ANDWHEREAS, it is obligatory on your part to maintain & operate the CETP to thecapacity of effluent generated from the cluster of industries, which areMembers of CETP in the said area.

AND WHEREAS, on the basis of record of your case, the reports of theofficers of the Board and after making necessary inquiry, it has been observedthat your CETP is inadequate to collect & treat pre-treated effluent from theMembers of the CETP. It is also observed that you are not monitoring thequality of pre-treated effluent being sent to your CETP and thereby, you aredischarging sub-standard effluent into the nearby area at the disposal pointand thereby causing serious pollution in the surrounding area.

AND WHEREAS, as per the Revised Guidelines for CentrallySponsored Scheme of Common Effluent Treatment Plants published by theMinistry of Environment & Forests, Govt. of India on 15/3/2012, theresponsibility of the Member Industries has been defined in clear-cut terms asunder:

(i) The Member of CEPT shall carry the required primary treatment incase, having the effluent generation less than 25 M3/per day tomeet the inlet parameters of CETP and other large scale andmedium scale industries should treat their effluent to the inletstandards prescribed for the CETP.

(ii) The Members shall monitor specified quality parameters and flowrate of the effluent on daily basis and submit the monitoring data tothe CETP Operator on regular basis.

AND WHEREAS, the role of the CETP Operator has also been definedin the said Guidelines as under:

(a) CETP shall be managed professionally.(b) SPCB will be entitled in case of repeated violation, to bring in new

professional management.(c) The CETP Operator shall be responsible for compliance of inlet

quality and flow from the contributing industries and shall providestatus of non-complying units to the SPCB for taking furthernecessary action.

(d) The CEPT Operator shall carry the required treatment to meet finaleffluent quality standards for CETP and shall be responsible foroperation and maintenance.

(e) The CEPT Operator shall monitor specified quality outletparameters and flow rate on daily basis and to submit themonitoring data to the SPCB on regular basis. It shall monitor onlineat outlet of CETP and IT based linkage shall be provided by theOperator to SPCB, so as to display it on the website of SPCB.

AND WHEREAS, the Maharashtra Pollution Control Board has takenreview of all 22 CETPs and it has been observed that you are one of theCETP in the category of 'Highly Exceeding the Prescribed Standards', whereit has been observed that the following parameters are exceeding as permonitoring done by the officials of the Board and reproduced in comparisonwith the Consent / EPA Standards :

Sr.No.

12.3.4.

Parameter

PHBODCODS.S.

EPA Standards

5.5 to 9100mg/l.250 mg/l.100mg/l.

Average Standards asper Actual Monitoring forthe Month of March,2012.8.03000 mg/l.4840 mg/l.146 mg/l.

Thereby, you are causing serious pollution at the point of discharge. Ithas been observed that your existing treatment & disposal arrangements areinadequate to treat the effluent collected from the Member industries to theprescribed standards and therefore, upgradation / improvement in operation &maintenance is required to be done in a time bound manner, so as to achievethe standards prescribed in the Consent/EPA Standards.

AND WHEREAS, it has been observed that you are not operating &maintaining CETP properly, you are also not monitoring the operation ofCETPs as well as the effluent being sent by the Members of the CETP,having poor vigilance, improper recordings of the violations being carried outby the CETP Members and non-reporting of such type of violations to theMPCB. You are also not even giving proper primary treatment to the effluentcollected from the Members (Neutralization, coagulation of chemicals atprimary treatment level).

AND WHEREAS, the Incharge Joint Director (Water Pollution Control),MPCB has issued necessary directions to you to submit concrete ActionTaken Report in respect of making improvement/upgradation of CETPs withenhancement of the capacity and to comply with a number of conditionsimposed stipulated in the letter dtd.3/3/2012.

AND WHEREAS, you have not submitted the fullfledged information inrespect of compliance of those conditions. You are, therefore, hereby directedcomply with the following conditions :

a) You shall not accept the effluent of high COD streams from theindustries beyond consented limits or otherwise permitted for timebeing. You shall strictly observe lock & key provision to ensurethat, the CETP is not getting overloads resulting into non-performance or sub-standard performance. You shall also notcollect the penal charges from industries discharging high CODbeyond tolerance limit of CETP discharge. You shall install onlineflow meter, pH meter & TOC analyzer at inlet and outlet with datalogger and real time display.

b) You shall submit a concrete proposal for making improvement /upgradation in your CETP with enhancement of capacity if any, soas to achieve the outlet parameters of CETP alongwith bar chartwithin 15 days from the date of receipt of these directions.

c) You shall discontinue receiving pre-treated effluents from theconcerned individual industrial unit after giving prior notice to stopall manufacturing activities, when, the CETP finds that the effluentsbeing sent by an individual industrial unit into the CETP inlet will notbe in a position to treat it for the purpose of meeting with the CETPoutlet norms because of an individual industrial unit into the CETPinlet are carrying such high pollution load.

d) You shall ensure that any industrial unit in the MIDC, which isMember of CETP having its own effluent treatment plant shall notcarry on any manufacturing activity whenever its effluent treatmentplant is not functioning for any reason whatsoever, whether formaintenance, repairs or otherwise.

e) You shall call upon your Members to stop manufacturing activities,whenever CETP is not functioning for any reason whatsoever.

f) You shall ensure that you and the concerned MIDC as well as theconcerned large scale and medium scale units shall makenecessary arrangements for providing sumps for storing effluentsbeing received from the individual industry for the purpose oftreatment in the CETP.

g) You shall ensure that every industrial unit having its own ETP shallhave a separate electric meter for its effluent treatment plant

h) You shall furnish an irrevocable bank guarantee of Rs.02 Lakhsensuring the compliance of the above directions/consent conditions,which shall be valid for a period of one year, to be submitted within15 days time to the respective Regional Officer, MPCB.

In case, you fail to comply with the above directions, the Board willhave no option than to initiate appropriate legal action against you includingforfeiture of bank guarantee, which may please be noted.

(Milind Mhaiskar)Member Secretary

Copy to: Sr.Law Officer(P&L Divn.)/l/c Joint Director(WPC), MPCB, Mumbai -for information and necessary follow up.

Copy to: Regional Officer, MPCB, Kalyan/Sub-Regional Officer, MPCB,Kalyan-ll - for information and necessary follow up action.

.

MAHARASHTRA POLLUTION CONTROL BOARDTel: 24010437/24020781/24014701Fax: 24023516/24024068/24044531Website: http://mDcb.gov.inE-mail: enquirv@mpcb.qov.in

BY R.P.A.D./FAX/HAND DELIVERY

NO.MPCB/JD(WPC)/B- ̂ 3g£

To

Chikhloli-Morivali Effluent Treatment,P-17.MIDC Morivali, Ambernath, Dist Thane

Kalpataru Point, 2nd, 3rd & 4th FloorOpp. Cine Planet Cinema,Near Sion Circle, Sion (E)Mumbai- 400 022.

Date: ffj

Sub : Directions u/s 33A of the Water (Prevention & Control ofPollution) Act, 1974 and u/s 31A of the Air (Prevention &Control of Pollution) Act, 1981 r.w. the Hazardous Waste(Management, Handling & Transboundary Movement)Rules, 2008.

Ref: 1. Orders passed by Hon'ble High Court of Judicature atMumbai in the Public Interest Litigation No.17/2011from time to time.

2. Directions issued by the Incharge Joint Director(WPC),MPCB dtd.03/03/2012 onwards.

We refer to the orders passed by the Hon'ble High Court of Judicature atMumbai in the Public Interest Litigation No.17/2011 filed by Nicholas Almedia v/sState of Maharashtra and Ors. from time to time, as well as the Guidelines issued bythe CPCB from time to time, followed by the directions issued by the Incharge JointDirector(WPC), MPCB dtd.03/03/2012 & from time to time, with regard to the makingavailable the important information in respect of various CETPs on their website forthe information of all the concerned including the Regulatory Authorities.

Being one of the Common Waste Management Authority, it becomesnecessary on your part to have a proper website, giving details of the establishmentof your society, various permissions obtained from the Statutory Authorities, theinformation in respect of the Members of CETP with the categorization of theindustries (Green, Orange & Red) as well as SSI, MSI & LSI, the inlet & outletdesigned capacity of CETP with reference to various parameters, the details of CETPunits, disposal arrangement, the point of discharge duly authorized by the CompetentAuthority like NIO, first Consent to Establish and renewal granted from time to timewith a copy of last Consent to Operate, proposals for improvement / expansion /modification of the ETP and disposal arrangements and standards laid down underthe provisions of the Environment (Protection) Rules, 1986 with the monitoringresults.

You are, therefore, directed to establish appropriate website, giving all thedetails, so as to bring more information in respect of your common facility to thenotice of all concerned within 30 days time and to communicate the website details tothe MPCB, so as to establish proper link of your website on the website of the MPCB.You shall furnish an irrevocable bank guarantee of Rs.2.5 Lakhs, ensuring thecompliance of these directions within stipulated time, which shall be valid for a period

C:\Documents and Settings\devaJe\My Documents\doc\AFFIDAVITES\Nico!as Almeda\ IDC-CETP Issues\Directions.doc

of one year to be submitted within 7 days time from the date of receipt of thesedirections. You are also directed to send your official e.mail/s for furthercorrespondence, in future.

(RajivMem be

Copy submitted to: Hon'ble Chairman, MPCB, Mumbai - for favour of information pi.

Copy to: Sr.Law Officer(P&L Divn.)/Asstt.Secretary(Tech.)/Chief Accounts Officer/Joint Director(AIR)/ Principal Scientific Officer/Joint Director(WPC)/JointDirector(PAMS)/Regional Officer(HQ), MPCB, Mumbai - for information andnecessary follow up action.

CADocumencs and Settings\devaJe\My Documents\doc\AFFIDAVITES\Nicolas AlmedaVMIDC-CETP Issues\Directions.doc