According to the applicant unit, this chemical unit of Nandesari Industrial Estate is not engaged in the production and manufacture of any of the specified items and its discharge of effluent is less than 25,000 ltrs. per day.It is their further case that it has established satisfactory primary and secondary treatment facilities and that it is a member of the CETP of Nandesari Industries Association. According to it, it can meet with the CETP inlet norms.
2.It is further submitted that Nandesari Industries Association runs CEPT and it is prepared to take the effluent of this unit Hindustan Chemicals. This is required to be clarified because the primary and secondary treatment plants of this unit are common with other industrial unit Gujarat Dyestuff which is closed at present and, therefore, its effluent is not generated and is not to come to CEPT. If and when Gujarat Dyestuff Industries starts discharging its effluents and is permitted to do so, the effluent of this unit Hindustan Chemicals also will be required to be stopped from going to CEPT.
3.The industrial unit agrees and undertakes that it will meet with the primary parameters and CETP Inlet parameters and if they fail to meet with the same, they will voluntarily close their unit and stop manufacturing activity.
4.The learned advocate for the applicant- unit states that:-
(i)The applicant-unit is not manufacturing any specified item and they have assured that they are not going to manufacture any specified item.
(ii)The applicant-unit assures that it is confideent that it will meet with all the parameters and the applicant-unit undertakes that in case the effluent treatment plant or any part thereof inthe applicant unit breaks down or if it becomes non operational for any reason, or if it fails to meet with any of the parameters of GPCB and if any of the monitoring agencies finds that the applicant unit is not meeting with any of the GPCB parameters or ECP inlet parameter for TDS, it will voluntarily close down the unit.
(iii)The applicant-unit also agrees to deposit an amount of Rs. 6.7 lacs in this Court for utilising it under the orders of the Court for the purpose of pollution control, environment, monitoring and welfare and benefit of the affected areas, in future. This amount of Rs. 6.7 lacs shall be deposited in the Registry of this Court by 3rd October 1996.
5.In view of the above, the applicant unit Hindustan Chemicals is permitted to re-start on trial basis and the applicant-unit shall not remove any goods which are permitted to be produced on trial basis, outside the factory premises and shall not dispose of the same, as the trial production is permitted only with a view to show the results of the trial and not for commercial purpose.
6.It would be open to every authority, NEERI and NIA to collect samples by surprise and the unit shall pay the charges for collection and analysis of the samples, to the concerned monitoring authorities including GPCB and NIA. The unit shall have to pay the usual sampling and analysis charges to the GPCB and NIA.
7.The applicant shall furnish daily readings of electricity and water consumption and daily figures of production to the GPCB and to NIA and such readings shall be taken daily, but they may be supplied to the GPCB once in a week. The electricity readings shall be given separately for running of the treatment plant and for production.
8.It is further directed that if the effluent treatment plant or any part thereof in the applicant unit breaks down or becomes non operational for any reason whatsoever or if NEERI, GPCB or NIA finds that the applicant unit is not meeting with the GPCB norms or the inletnorm, the applicant unit shall stop manufacturing activity.
9.The electricity and water supply to the applicant unit to be restored at the earliest on service of writ of this order to the concerned authorities, and in any case, within one day of such service.
C.A.is disposed of accordingly.
(R.A.Mehta,J.) (M.S.Shah,J.)